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The right to just and favourable conditions of work (Art. 7) 2016, para. 65b
- Paragraph text
- [States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to:] Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
The right to participation of people living in poverty 2013, para. 42
- Paragraph text
- People living in poverty experience discrimination on the grounds of poverty itself (E/C.12/GC/20, paras. 34-35), but also frequently due to membership in other disadvantaged sectors of the population, including but not limited to indigenous peoples, persons with disabilities, ethnic minorities and people living with HIV/AIDS. Particular attention must be paid to upholding the right to equality between men and women. Thus, when designing, implementing and monitoring participatory processes, States must take into account the different experiences of men and women and gender power relations in the community. They must recognize the multiple forms of discrimination that women experience, and address women's specific needs throughout the different phases of their life cycle (childhood, adolescence, adulthood and old age). Participatory processes must also acknowledge the responsibilities of care providers without reinforcing patterns of discrimination and negative stereotyping.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Person(s) affected
- All
- Women
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 74
- Paragraph text
- A recent study underscored that gender-differentiated patterns are not the same everywhere and reinforced the importance of context for understanding the gender dimensions of access and experience. The quantity and quality of sex-disaggregated data at the micro level are considered to be better than those of data at the global level. It is therefore important that measuring progress in the rights to water and sanitation and gender equality is not based on global monitoring and on the use of quantitative data only. Context-specific studies and monitoring that capture the intersection of gender inequalities in the enjoyment of other human rights are key to understanding and developing improved policy responses.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Implementation of article 14 by States parties 2012, para. 34
- Paragraph text
- To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
General Conclusion On International Protection 2004, para. (r)
- Paragraph text
- Strongly encourages States, UNHCR, and all relevant actors, whether alone or in partnership, to strengthen action to prevent and respond to sexual and gender-based violence, in particular through carrying out their respective responsibilities for the introduction of standard operating procedures, the rigorous implementation of relevant UNHCR Guidelines and related measures highlighted by the Executive Committee in its Conclusion No. 98 (LIV) of 2003, as well as through the active use of resettlement, when appropriate, to ensure protection and a durable solution for victims of sexual and gender-based violence;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2004
- Date modified
- Feb 13, 2020
Paragraph
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 2008
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 44
- Paragraph text
- With particular reference to the Convention, States parties should disseminate knowledge of its standards and procedures, and provide associated training, particularly for those concerned with its implementation, including civil servants, the judiciary and law enforcement officials. The concluding observations of the Committee should be made widely available in the official and other commonly used languages at the conclusion of the examination of the report of the State party; opinions of the Committee under the article 14 communications procedure should similarly be made available.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The objectives of the speech: speech protecting or defending the human rights of individuals and groups should not be subject to criminal or other sanctions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The reach of the speech, including the nature of the audience and the means of transmission: whether the speech was disseminated through mainstream media or the Internet, and the frequency and extent of the communication, in particular when repetition suggests the existence of a deliberate strategy to engender hostility towards ethnic and racial groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The content and form of speech: whether the speech is provocative and direct, in what form it is constructed and disseminated, and the style in which it is delivered.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 42
- Paragraph text
- The Committee encourages self-regulation and compliance with codes of ethics by Internet service providers, as underlined in the Durban Declaration and Programme of Action.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 43
- Paragraph text
- The Committee encourages States parties to work with sports associations to eradicate racism in all sporting disciplines.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 16
- Paragraph text
- Incitement characteristically seeks to influence others to engage in certain forms of conduct, including the commission of crime, through advocacy or threats. Incitement may be express or implied, through actions such as displays of racist symbols or distribution of materials as well as words. The notion of incitement as an inchoate crime does not require that the incitement has been acted upon, but in regulating the forms of incitement referred to in article 4, States parties should take into account, as important elements in the incitement offences, in addition to the considerations outlined in paragraph 14 above, the intention of the speaker, and the imminent risk or likelihood that the conduct desired or intended by the speaker will result from the speech in question, considerations which also apply to the other offences listed in paragraph 13.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The position or status of the speaker in society and the audience to which the speech is directed. The Committee consistently draws attention to the role of politicians and other public opinion-formers in contributing to the creation of a negative climate towards groups protected by the Convention, and has encouraged such persons and bodies to adopt positive approaches directed to the promotion of intercultural understanding and harmony. The Committee is aware of the special importance of freedom of speech in political matters and also that its exercise carries with it special duties and responsibilities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Combatting racist hate speech 2013, para. 19
- Paragraph text
- Article 4 requires that measures to eliminate incitement and discrimination must be made with due regard to the principles of the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention. The phrase due regard implies that, in the creation and application of offences, as well as fulfilling the other requirements of article 4, the principles of the Universal Declaration of Human Rights and the rights in article 5 must be given appropriate weight in decision-making processes. The due regard clause has been interpreted by the Committee to apply to human rights and freedoms as a whole, and not simply to freedom of opinion and expression, which should however be borne in mind as the most pertinent reference principle when calibrating the legitimacy of speech restrictions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 13, 2020
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 55a
- Paragraph text
- [In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect:]To take legislative and any other necessary steps to guarantee non-discrimination and gender equality in the enjoyment of the right of everyone to take part in cultural life;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
- Date modified
- Feb 13, 2020
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 2
- Paragraph text
- The importance of the right to just and favourable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities. Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48 hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade and export processing zones are often denied the right to just and favourable conditions of work through non-enforcement of labour legislation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 58
- Paragraph text
- Laws and policies that indirectly perpetuate coercive medical practices, including incentive- or quota-based contraceptive policies and hormonal therapy, as well as surgery or sterilization requirements for legal recognition of one's gender identity, constitute additional violations of the obligation to respect. Further violations include state practices and policies that censor or withhold information, or present inaccurate, misrepresentative or discriminatory information, related to sexual and reproductive health.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Programme of Action of the International Conference on Population and Development 1994, para. 9.2a
- Paragraph text
- [The objectives are:] To foster a more balanced spatial distribution of the population by promoting in an integrated manner the equitable and ecologically sustainable development of major sending and receiving areas, with particular emphasis on the promotion of economic, social and gender equity based on respect for human rights, especially the right to development;
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1994
- Date modified
- Feb 13, 2020
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 57c
- Paragraph text
- [Effective procedures. Such protective measures as mentioned in article 19, paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71), require "effective procedures" to ensure their enforcement, quality, relevance, accessibility, impact and efficiency. Such procedures should include:] The development and implementation of a research agenda; and
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Children
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Sexual education 2010, para. 16
- Paragraph text
- The UNESCO International Guidelines on Sexuality Education define it as "an age-appropriate, culturally sensitive and comprehensive approach to sexuality education that include programmes providing scientifically accurate, realistic, non judgmental information. Comprehensive sexuality education provides opportunities to explore one's own values and attitudes and to build decision-making, communication and risk reduction skills about all aspects of sexuality".2 Similarly, the Special Rapporteur considers that pleasure in and enjoyment of sexuality, in the context of respect for others, should be one of the goals of comprehensive sexual education, abolishing guilt feelings about eroticism that restrict sexuality to the mere reproductive function.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 46
- Paragraph text
- In reality, State, intergovernmental and civil society practices vary markedly in the age groups, gender balance, intensity and location of those targeted. Disturbingly, monitoring and evaluating practice and programmes is limited. It is also clear from evidence that their “success” is by no means consistent. The Special Rapporteur urges more sharing of best practice and draws attention to the importance of regional answers to regional needs. Regions might also consider developing a global dimension in their curriculum; this would help develop an awareness of near neighbours in order to promote greater understanding and create the basis for mutual learning within the region.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Equality of opportunity in education 2011, para. 13
- Paragraph text
- The experience of human rights monitoring mechanisms has identified many forms of discrimination and inequality that affect the enjoyment of the right to education. These range from clear legal inequalities in status and entitlements to policies that neglect the specific conditions of certain groups. The work of human rights treaty bodies over the last years has indicated areas of action at national and international levels to ensure equality of opportunity in education. Similarly, recommendations to States undergoing the universal periodic review process also address aspects such as guaranteeing the right to education to marginalized and under privileged groups, combating poverty, ensuring the right to education for all, removing gender-based imbalances in education, strengthening efforts to expand opportunities for (basic) education, etc.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
The protection of sources and whistle-blowers 2015, para. 57
- Paragraph text
- Lastly, those who identify wrongdoing - especially evidence of serious legal violations and human rights abuses, such as sexual and gender-based violence - should be protected from retaliation when they make public disclosures to the media, civil society or Governments. To be sure, disclosures should respect the rights and reputations of others, but in the absence of effective internal systems, external disclosure provides a necessary safety valve to promote accountability and ensure that the public has information about serious wrongdoing.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date modified
- Feb 13, 2020
Paragraph
Gender equality in the realization of the human rights to water and sanitation 2016, para. 77i
- Paragraph text
- [In line with the above, the Special Rapporteur recommends that States:] Ensure the gender-responsive water, sanitation and hygiene facilities are available in schools, hospitals, the workplace, market places, places of detention and public spaces like public transport hubs and public institutions, among other places. Laws and regulations must be developed, promoted and enforced and must serve to hold Governments and non-State actors to account;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 76
- Paragraph text
- According to ILO jurisprudence, decisions to dissolve labour organizations "should only occur in extremely serious cases; such dissolutions should only happen following a judicial decision so that the rights of defence are fully guaranteed". The Special Rapporteur values as best practice legislation that stipulates that such drastic measures be taken by independent and impartial courts. In the United Republic of Tanzania, the case of an association working on gender equality that had been deregistered by the authorities was successfully overturned by the Constitutional Court.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 17
- Paragraph text
- The Human Rights Committee understands "discrimination" to imply "any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms". The Committee has established that sexual orientation and gender identity also constitute prohibited grounds for discrimination under article 2 of the Covenant. Discrimination results from legislation and practices that explicitly exclude or target groups or individuals in those groups.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 42
- Paragraph text
- The criminalization of sex work often means that sex workers feel unable to enforce their basic rights, as their status and work are illegal. They "live in fear" of police and clients, and feel unable to report crimes against them due to fear of arrest. Sex workers have reported that they are highly vulnerable to police harassment, particularly in the forms of (a) sex by deception and coercion, (b) extortion and (c) discrimination (including moral punishment, public humiliation and extreme violence driven by contempt). Policing has also been noted as a key issue in shaping the vulnerability of sex workers to HIV.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 27
- Paragraph text
- Sex workers remain subject to stigma and marginalization, and are at significant risk of experiencing violence in the course of their work, often as a result of criminalization. As with other criminalized practices, the sex-work sector invariably restructures itself so that those involved may evade punishment. In doing so, access to health services is impeded and occupational risk increases. Basic rights afforded to other workers are also denied to sex workers because of criminalization, as illegal work does not afford the protections that legal work requires, such as occupational health and safety standards.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
Criminalisation of sexual and reproductive health 2011, para. 58
- Paragraph text
- The International Guidelines on Sexuality Education of the United Nations Educational, Scientific and Cultural Organization (UNESCO) describe optimal sexual education as "an age-appropriate, culturally sensitive and comprehensive approach … that include programmes providing scientifically accurate, realistic, non-judgmental information". Moreover, comprehensive sexual and reproductive health education and information should provide "opportunities to explore one's own values and attitudes and to build decision-making, communication, and risk reduction skills about all aspects of sexuality". The Special Rapporteur on the right to education has further emphasized that a comprehensive curriculum requires sensitivity to sexual diversity and a gendered perspective (see A/65/162, para. 23).
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- All
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph