HRI/GEN/1/Rev.9 (Vol. I)
HUMAN RIGHTS COMMITTEE
Sixty-eighth session
Adopted: 29 March 2000 (1834th meeting)
General Comment No. 28
Article 3 (The equality of rights between men and women)
(Replaces general comment No. 4)
1. The Committee has decided to update its general comment on article 3 of the Covenant and to
replace general comment No. 4 (thirteenth session, 1981), in the light of the experience it has
gathered in its activities over the last 20 years. The present revision seeks to take account of the
important impact of this article on the enjoyment by women of the human rights protected under
the Covenant.
2. Article 3 implies that all human beings should enjoy the rights provided for in the Covenant, on
an equal basis and in their totality. The full effect of this provision is impaired whenever any
person is denied the full and equal enjoyment of any right. Consequently, States should ensure
to men and women equally the enjoyment of all rights provided for in the Covenant.
3. The obligation to ensure to all individuals the rights recognized in the Covenant, established in
articles 2 and 3 of the Covenant, requires that States parties take all necessary steps to enable
every person to enjoy those rights. These steps include the removal of obstacles to the equal
enjoyment of such rights, the education of the population and of State officials in human rights,
and the adjustment of domestic legislation so as to give effect to the undertakings set forth in the
Covenant. The State party must not only adopt measures of protection, but also positive
measures in all areas so as to achieve the effective and equal empowerment of women.States
parties must provide information regarding the actual role of women in society so that the
Committee may ascertain what measures, in addition to legislative provisions, have been or
should be taken to give effect to these obligations, what progress has been made, what
difficulties are encountered and what steps are being taken to overcome them.
4. States parties are responsible for ensuring the equal enjoyment of rights without any
discrimination. Articles 2 and 3 mandate States parties to take all steps necessary, including the
prohibition of discrimination on the ground of sex, to put an end to discriminatory actions, both
in the public and the private sector, which impair the equal enjoyment of rights.
5. Inequality in the enjoyment of rights by women throughout the world is deeply embedded in
tradition, history and culture, including religious attitudes. The subordinate role of women in
some countries is illustrated by the high incidence of prenatal sex selection and abortion of
female foetuses. States parties should ensure that traditional, historical, religious or cultural
attitudes are not used to justify violations of women’s right to equality before the law and to