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The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 11
- Paragraph text
- Discrimination against women is "any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field". Discrimination on the basis of sex may be based on the differential treatment of women because of their biology, such as refusal to hire women because they could become pregnant; or stereotypical assumptions, such as tracking women into low-level jobs on the assumption that they are unwilling to commit as much time to their work as men.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
Women migrant workers 2008, para. 16
- Paragraph text
- Women migrant workers may be unable to save or transmit savings safely through regular channels due to isolation (for domestic workers), cumbersome procedures, language barriers, or high transaction costs. This is a great problem since in general they earn less than men. Women may further face familial obligations to remit all their earnings to their families to a degree that may not be expected of men. For example, single women may be expected to support even extended family members at home.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Gender
- Movement
- Person(s) affected
- Families
- Men
- Persons on the move
- Women
- Year
- 2008
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21
- Paragraph text
- [The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To conduct awareness-raising and training programmes on equality for workers involved in the realization of economic, social and cultural rights at the grass-roots level;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 26
- Paragraph text
- Article 9 of the Covenant requires that States parties recognize the right of everyone to social security, including social insurance, and to equal access to social services. Implementing article 3, in relation to article 9, requires, inter alia, equalizing the compulsory retirement age for both men and women; ensuring that women receive the equal benefit of public and private pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for men, and parental leave for both men and women.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21
- Paragraph text
- [The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To develop monitoring mechanisms to ensure that the implementation of laws and policies aimed at promoting the equal enjoyment of economic, social and cultural rights by men and women do not have unintended adverse effects on disadvantaged or marginalized individuals or groups, particularly women and girls;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21
- Paragraph text
- [The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To design and implement policies and programmes to give long-term effect to the economic, social and cultural rights of both men and women on the basis of equality. These may include the adoption of temporary special measures to accelerate women's equal enjoyment of their rights, gender audits, and gender-specific allocation of resources;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 4
- Paragraph text
- The Covenant also explicitly mentions the principles of non-discrimination and equality with respect to some individual rights. Article 3 requires States to undertake to ensure the equal right of men and women to enjoy the Covenant rights and article 7 includes the "right to equal remuneration for work of equal value" and "equal opportunity for everyone to be promoted" in employment. Article 10 stipulates that, inter alia, mothers should be accorded special protection during a reasonable period before and after childbirth and that special measures of protection and assistance should be taken for children and young persons without discrimination. Article 13 recognizes that "primary education shall be compulsory and available free to all" and provides that "higher education shall be made equally accessible to all".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Men
- Women
- Youth
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 20
- Paragraph text
- The Covenant guarantees the equal right of men and women to the enjoyment of economic, social and cultural rights. Since the adoption of the Covenant, the notion of the prohibited ground "sex" has evolved considerably to cover not only physiological characteristics but also the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfilment of economic, social and cultural rights. Thus, the refusal to hire a woman, on the ground that she might become pregnant, or the allocation of low-level or part time jobs to women based on the stereotypical assumption that, for example, they are unwilling to commit as much time to their work as men, constitutes discrimination. Refusal to grant paternity leave may also amount to discrimination against men.?
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 33
- Paragraph text
- In the public sector, States parties should introduce objective standards for hiring, promotion and termination that are aimed at achieving equality, particularly between men and women. Public sector promotions should be subject to impartial review. For the private sector, States parties should adopt relevant legislation, such as comprehensive non discrimination legislation, to guarantee equal treatment in hiring, promotion and termination, and undertake surveys to monitor changes over time.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2016
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. 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
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 39
- Paragraph text
- National policies and strategies should identify appropriate indicators and benchmarks on the right to equal enjoyment by men and women of economic, social and cultural rights in order to effectively monitor the implementation by the State party of its obligations under the Covenant in this regard. Disaggregated statistics, provided within specific time frames, are necessary to measure the progressive realization of economic, social and cultural rights by men and women, where appropriate.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21
- Paragraph text
- [The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To promote equal participation of men and women in development planning, decision-making and in the benefits of development and all programmes related to the realization of economic, social and cultural rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
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
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 16
- Paragraph text
- The equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 20
- Paragraph text
- States parties have an obligation to monitor and regulate the conduct of non-State actors to ensure that they do not violate the equal right of men and women to enjoy economic, social and cultural rights. This obligation applies, for example, in cases where public services have been partially or fully privatized.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 62
- Paragraph text
- To help assess the enjoyment of the right to just and favourable conditions of work, States parties should establish obligatory notification schemes in the event of occupational accidents and disease, as well as mechanisms to assess systematically the level of the minimum wage, fair wages and the gender pay gap between men and women within organizations in the public and private sectors, including in high-level posts. States parties should also periodically review the impact of laws and policies, in consultation with workers and employers, with a view to updating standards in the light of practice. For example, the national policy on occupational safety and health should include a built-in periodic review mechanism. States parties should promote the extension of protective regimes to sectors at risk; introduce schemes that allow for coverage of informal workers, coupled with measures to regularize the informal economy; create adequate dialogue mechanisms to raise pertinent issues; and introduce incentives to overcome the gender pay gap, including through initiatives to alleviate the burden of reproductive work on women, for example, by promoting access to goods and services, such as day-care facilities and non transferable parental leave for men.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Men
- Women
- Year
- 2016
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
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
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
The right to sexual and reproductive health (Art. 12) 2016, para. 9
- Paragraph text
- The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to non discrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood, sexual orientation, gender identity or intersex status.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 4
- Paragraph text
- The Committee on Economic, Social and Cultural Rights (CESCR) has taken particular note of factors negatively affecting the equal right of men and women to the enjoyment of economic, social and cultural rights in many of its general comments, including those on the right to adequate housing, the right to adequate food, the right to education, the right to the highest attainable standard of health, and the right to water. The Committee also routinely requests information on the equal enjoyment by men and women of the rights guaranteed under the Covenant in its list of issues in relation to States parties' reports and during its dialogue with States parties.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
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
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 40
- Paragraph text
- States parties must fulfil their immediate and primary obligation to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21
- Paragraph text
- [The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To promote equal representation of men and women in public office and decision making bodies;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2005
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 90
- Paragraph text
- Unlike women's reproductive function, care functions do not necessarily have to fall on women. All forms of care, including childcare, are amenable to social reconstruction, and indeed in the Nordic countries, which have long pursued a policy of gender equality in the division of work and childcare functions, the distribution of care work comes close to parity. Good practice regarding the allocation of care responsibilities, pioneered in the Nordic countries, encourages men to enter traditionally women's worlds, both in the family and in the workplace, thus allowing women to participate and advance in the labour market.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Health
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2014
Paragraph
Vision of the mandate 2014, para. 35
- Paragraph text
- States must recognize the need to accommodate the specific time and mobility constraints on women, given their role in the "care" economy, while at the same time reconstituting gender roles by adopting a transformative approach to employment and social protection (see A/HRC/22/50). The Special Rapporteur will endeavour to promote greater awareness of the guidance provided by general comments No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights and No. 20 (2009) on non-discrimination in economic, social and cultural rights of the Committee on Economic Social and Cultural Rights, which relate to discriminatory practices against women.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2014
Paragraph
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 100
- Paragraph text
- Discriminatory laws and practice prevail in most countries. Some such laws are self-evident, such as mandatory early retirement for women. Some are what has been called "statistical discrimination", such as separate annuity tables for women and men based on women's greater longevity. Others are the result of the sociology of the family and of legislative policy endorsing and perpetuating the economic dependence of women on a husband's income and pension entitlement.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Men
- Women
- Year
- 2014
Paragraph
Integrating a gender perspective in the right to food 2016, para. 29
- Paragraph text
- Formal laws could also prove ineffective if women do not realize or assume control over their rights. For example, in 2005, India amended the Hindu Succession Act (1956) to allow men and women equal inheritance to agricultural land. However, according to a 2013 study, challenges in the implementation of the Act had been observed, allegedly as a result of women not being aware of their legal rights and not wanting to upset their families and resistance from their brothers amongst other reasons.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2016
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 63
- Paragraph text
- Good practice regarding the work-life balance for public and political participation includes both childcare support and institutional family-friendly scheduling. The highest performing countries in terms of proportion of women in public office have the most generous entitlements for maternal and parental leave. This reflects States' effectiveness in creating better options for women to reconcile the balance between work and family life, promoting a better balance of responsibilities between men and women in the home and encouraging a higher percentage of fathers to take parental leave. This demonstrates a significant cultural change in society's views of gender roles, which is itself a culmination of decades of responsive social policies. Good practices regarding gender-sensitive parliaments are found in some Western European and other States that have changed the scheduling of parliamentary session to allow a work-life balance for Members of Parliament who have parental responsibilities.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
Paragraph