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Core obligations of States parties under article 2 2010, para. 3
- Paragraph text
- The Convention is part of a comprehensive international human rights legal framework directed at ensuring the enjoyment by all of all human rights and at eliminating all forms of discrimination against women on the basis of sex and gender. The Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities contain explicit provisions guaranteeing women equality with men in the enjoyment of the rights they enshrine, while other international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are implicitly grounded in the concept of non-discrimination on the basis of sex and gender. The International Labour Organization (ILO) Conventions No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation and No. 156 (1981) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, the Convention against Discrimination in Education, the Declaration on the Elimination of Discrimination against Women, the Vienna Declaration and Programme of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for Action also contribute to an international legal regime of equality for women with men and non-discrimination. Likewise, the obligations of States entered into under regional human rights systems are complementary to the universal human rights framework.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
Core obligations of States parties under article 2 2010, para. 13
- Paragraph text
- Article 2 is not limited to the prohibition of discrimination against women caused directly or indirectly by States parties. Article 2 also imposes a due diligence obligation on States parties to prevent discrimination by private actors. In some cases, a private actor's acts or omission of acts may be attributed to the State under international law. States parties are thus obliged to ensure that private actors do not engage in discrimination against women as defined in the Convention. The appropriate measures that States parties are obliged to take include the regulation of the activities of private actors with regard to education, employment and health policies and practices, working conditions and work standards, and other areas in which private actors provide services or facilities, such as banking and housing.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 4
- Paragraph text
- The economic consequences for women of marriage, divorce, separation and death have been of growing concern to the Committee. Research conducted in some countries has found that while men usually experience smaller, if not minimal, income losses after divorce and/or separation, many women experience a substantial decline in household income and increased dependence on social welfare, where it is available. Throughout the world, female-headed households are the most likely to be poor. Their status is inevitably affected by global developments such as the market economy and its crises; women's increasing entry into the paid workforce and their concentration in low-paying jobs; persistent income inequality within and between States; growth in divorce rates and in de facto unions; the reform of social security systems or the launching of new ones; and, above all, the persistence of women's poverty. Despite women's contributions to the economic well-being of the family, their economic inferiority permeates all stages of family relationships, often owing to their responsibility for dependants.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 5
- Paragraph text
- Regardless of the vast range of economic arrangements within the family, women in both developing and developed countries generally share the experience of being worse off economically than men in family relationships and following the dissolution of those relationships. Social security systems, nominally designed to improve economic status, may also discriminate against women.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 34
- Paragraph text
- In some systems, marriages or other recognized forms of union may be undertaken only by written contract. Some systems allow the option of contractual agreements concerning property to be undertaken prior to or during the marriage. States must ascertain that women are not left with less protection than they would have under the standard or default marriage provisions, owing to grave inequality in bargaining power.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 37
- Paragraph text
- Where a community property regime is the norm, nominally providing that half of the marital property is theirs, women still may not have the right to manage the property. In many legal systems, women may retain the right to manage property that they own individually and may accumulate and manage additional separate property during the marriage. However, property accumulated by virtue of women's economic activity may be considered as belonging to the marital household, and women may not have a recognized right to manage it. This may be the case even with regard to women's own wages.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 44
- Paragraph text
- Women may be barred from claiming property rights for lack of recognized capacity to own or manage property, or the property regime may not recognize property accumulated during the marriage as subject to division between the parties. Interrupted education and employment histories and childcare responsibilities frequently prevent women from establishing a path to paid employment (opportunity cost) sufficient to support their post-dissolution family. These social and economic factors also prevent women living under a regime of separate property from increasing their individual property during marriage.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 48
- Paragraph text
- States parties should undertake research and policy studies on women's economic status within the family and upon the dissolution of family relationships and publish the results in accessible forms.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Economic consequences of marriage, family relations and their dissolution 2013, para. 51
- Paragraph text
- Survivorship rights to social security payments (pensions and disability payments) and in contributory pension systems play a large role in States parties in which couples pay significant sums into those systems during the relationship. States parties are obligated to provide for equality between men and women in terms of spousal and survivorship benefits from social security and pension systems.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph
Equal remuneration for work of equal value 1989, para. 1
- Paragraph text
- [Recommends to the States parties to the Convention on the Elimination of All Forms of Discrimination against Women that:] In order to implement fully the Convention on the Elimination of All Forms of Discrimination against Women, those States parties that have not yet ratified ILO Convention No. 100 should be encouraged to do so;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1989
Paragraph
Equal remuneration for work of equal value 1989, para. 2
- Paragraph text
- [Recommends to the States parties to the Convention on the Elimination of All Forms of Discrimination against Women that:] They should consider the study, development and adoption of job evaluation systems based on gender-neutral criteria that would facilitate the comparison of the value of those jobs of a different nature, in which women presently predominate, with those jobs in which men presently predominate, and they should include the results achieved in their reports to the Committee on the Elimination of Discrimination against Women;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 1989
Paragraph
Equal remuneration for work of equal value 1989, para. 3
- Paragraph text
- [Recommends to the States parties to the Convention on the Elimination of All Forms of Discrimination against Women that:] They should support, as far as practicable, the creation of implementation machinery and encourage the efforts of the parties to collective agreements, where they apply, to ensure the application of the principle of equal remuneration for work of equal value.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1989
Paragraph
Equality in marriage and family relations 1994, para. 7
- Paragraph text
- When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband's or a male relative's concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman's ability to provide for herself and her dependants.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 10
- Paragraph text
- Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Men
- Persons on the move
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 21
- Paragraph text
- The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women's lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 26
- Paragraph text
- Article 15 (1) guarantees women equality with men before the law. The right to own, manage, enjoy and dispose of property is central to a woman's right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
Paragraph
Equality in marriage and family relations 1994, para. 27
- Paragraph text
- In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 1994
Paragraph
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product 1991, para. (a)
- Paragraph text
- [Recommends that States parties:] Encourage and support research and experimental studies to measure and value the unremunerated domestic activities of women; for example, by conducting time-use surveys as part of their national household survey programmes and by collecting statistics disaggregated by gender on time spent on activities both in the household and on the labour market;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 1991
Paragraph
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product 1991, para. (c)
- Paragraph text
- [Recommends that States parties:] Include in their reports submitted under article 18 of the Convention information on the research and experimental studies undertaken to measure and value unremunerated domestic activities, as well as on the progress made in the incorporation of the unremunerated domestic activities of women in national accounts.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 1991
Paragraph
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product 1991, para. 1
- Paragraph text
- Bearing in mind article 11 of the Convention on the Elimination of All Forms of Discrimination against Women,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1991
Paragraph
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product 1991, para. 3
- Paragraph text
- Affirming that the measurement and quantification of the unremunerated domestic activities of women, which contribute to development in each country, will help to reveal the de facto economic role of women,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 1991
Paragraph
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product 1991, para. 4
- Paragraph text
- Convinced that such measurement and quantification offers a basis for the formulation of further policies related to the advancement of women,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1991
Paragraph
Older women and protection of their human rights 2010, para. 21
- Paragraph text
- Older women's right to self-determination and consent with regard to health care are not always respected. Social services, including long-term care, for older women might be disproportionately reduced when public expenditure is cut. Post-menopausal, post- reproductive and other age-related and gender-specific physical and mental health conditions and diseases tend to be overlooked by research, academic studies, public policy and service provision. Information on sexual health and HIV/AIDS is rarely provided in a form that is acceptable, accessible and appropriate for older women. Many older women do not have private health insurance, or are excluded from State-funded schemes because they did not contribute to a scheme during their working life in the informal sector or providing unpaid care.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Older women and protection of their human rights 2010, para. 26
- Paragraph text
- Under some statutory and customary laws, women do not have the right to inherit and administer marital property on the death of their spouse. Some legal systems justify this by providing widows with other means of economic security, such as support payments from the deceased's estate. However, in reality, such provisions are seldom enforced, and widows are often left destitute. Some laws particularly discriminate against older widows, and some widows are victims of "property grabbing."
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Older women and protection of their human rights 2010, para. 42
- Paragraph text
- States parties have an obligation to ensure that the retirement age in both the public and private sectors do not discriminate against women. Consequently, States parties have an obligation to ensure that pension policies are not discriminatory in any manner, even when women opt to retire early, and that all older women who have been active have access to adequate pensions. States parties should adopt all appropriate measures, including, where necessary, temporary special measures, to guarantee such pensions.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Older women and protection of their human rights 2010, para. 44
- Paragraph text
- States parties should provide adequate non-contributory pensions, on an equal basis with men, to all women who have no other pension or insufficient income security, and State-funded allowances should be made available and accessible to older women, particularly those living in remote or rural areas.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Older persons
- Women
- Year
- 2010
Paragraph
Political and public life 1997, para. 41
- Paragraph text
- States parties are under an obligation to take all appropriate measures, including the enactment of appropriate legislation that complies with their Constitution, to ensure that organizations such as political parties and trade unions, which may not be subject directly to obligations under the Convention, do not discriminate against women and respect the principles contained in articles 7 and 8.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1997
Paragraph
Rights of rural women 2016, para. 2
- Paragraph text
- Article 14 is the only provision in an international human rights treaty that specifically pertains to rural women. However, all rights under the Convention apply to rural women, and article 14 must be interpreted in the context of the Convention as a whole. When reporting, States parties should address all articles that have bearing on the enjoyment of rights by rural women and girls. Accordingly, the present general recommendation explores the links between article 14 and other Convention provisions. As many of the Sustainable Development Goals address the situation of rural women and provide an important opportunity to advance both process and outcome indicators, the specific intent of the present general recommendation is to provide guidance to States parties on the implementation of their obligations with respect to rural women. While general recommendation No. 34 focuses on rural women in developing countries, some of its components also pertain to the situation of rural women in developed countries. It is recognized that rural women, even in developed countries, suffer discrimination and challenges in various areas, including economic empowerment, participation in political and public life, access to services and the labour exploitation of rural migrant women workers.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 10
- Paragraph text
- Discrimination against rural women cannot be fully understood without taking into account the macroeconomic roots of gender inequality. States often fail to acknowledge the role of rural women and girls in unpaid work, their contribution to the gross domestic product and, therefore, to sustainable development. Bilateral and multilateral agreements on trade, tax and other economic and fiscal policies can have a significant negative impact on the lives of rural women. Environmental issues, including climate change and natural disasters, often provoked by the unsustainable use of natural resources, as well as poor waste management practices, also have detrimental impacts on the well-being of rural women. Gender-neutral policies, reforms and laws may uphold and strengthen existing inequalities related to all of the above.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
Rights of rural women 2016, para. 15
- Paragraph text
- States parties should eliminate all forms of discrimination against disadvantaged and marginalized groups of rural women. For example, States parties should ensure that disadvantaged and marginalized groups of rural women, including those belonging to indigenous, Afro-descendent, ethnic and religious minorities, heads of household, peasants, pastoralists, fisherfolk, landless women, migrants and conflict-affected rural women, are protected from intersecting forms of discrimination and have access to education, employment, water and sanitation and health care, among others. States parties should develop policies and programmes ensuring the equal enjoyment of rights by rural women with disabilities, including by ensuring the accessibility of infrastructures and services. States parties should similarly ensure that older rural women have access to social services and adequate social protection, as well as economic resources and the empowerment to live life with dignity, including through access to financial services and social security.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
Paragraph