Core obligations of States parties under article 2 2010, para. 16
Paragraph- Paragraph text
- States parties are under an obligation to respect, protect and fulfil the right to non- discrimination of women and to ensure the development and advancement of women in order that they improve their position and implement their right of de jure and de facto or substantive equality with men. States parties shall ensure that there is neither direct nor indirect discrimination against women. Direct discrimination against women constitutes different treatment explicitly based on grounds of sex and gender differences. Indirect discrimination against women occurs when a law, policy, programme or practice appears to be neutral in so far as it relates to men and women, but has a discriminatory effect in practice on women because pre-existing inequalities are not addressed by the apparently neutral measure. Moreover, indirect discrimination can exacerbate existing inequalities owing to a failure to recognize structural and historical patterns of discrimination and unequal power relationships between women and men.
- Legal status
- Non-negotiated soft law
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2010
- Paragraph type
- Other
- Reference
- CEDAW General Recommendation No. 28, Core obligations of States parties under article 2 (2010), para. 16.
- Paragraph number
- 16
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