A/HRC/26/39
Access to resources13
3.
77.
Secure rights over resources, including property, land, housing, food, water and
sanitation, are essential to women’s equality and well-being, and to their economic
independence and autonomy.
78.
In some countries, discriminatory legislation or implementation of legislation results
in the negation of women’s rights to land and other productive resources. These issues have
been examined by a UN-Women/OHCHR expert group meeting, in which a member of the
Working Group participated, and have been documented in an in-depth report.
79.
Furthermore, failure to provide access to housing, food and water has
disproportionately burdened women as vulnerable members of communities, as
childbearers and as primary carers. These issues have been gender-mainstreamed in reports
by, for example, the Special Rapporteur on adequate housing as a component of the right to
an adequate standard of living, and on the right to non-discrimination in this context; the
Special Rapporteur on extreme poverty and human rights; the Special Rapporteur on the
right to food; the Special Rapporteur on the human right to safe drinking water and
sanitation; and Independent Expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights.
80.
These issues, though flagged as crucial, will not be dealt with in this report, due to
space limitations.
The impact of parenthood and care functions14
4.
81.
Reproduction and care functions are the very basis of human life and society. These
functions, whether paid or unpaid, are performed either solely or largely by women. The
fact that these functions are performed by women creates a major barrier to women’s
equality of opportunity in the labour market or in business, finance and entrepreneurship.
Women’s maternity rights have been widely recognized in formal employment, but not
extended to either other spheres of economic activity or care functions. There has been a
systemic failure to properly integrate the biological function of reproduction and the
gendered function of unpaid caring into macroeconomic policy in a holistic, effective and
coherent way, to ensure that reproduction and caring go hand-in-hand with the overall
economic empowerment of women. This policy failure in effect endorses a major structural
barrier to the equality of economic opportunity for women.
82.
It is crucial to recognize both the right to maternity benefits and also the right to an
equal and fair distribution of care functions as fully-fledged economic and social rights.
These rights are a prerequisite for the equal right of women to the enjoyment of all
economic social and cultural rights and, in particular: the right to work; the enjoyment of
just and favourable conditions of work; an adequate standard of living; freedom from
hunger; enjoyment of the highest attainable standard of physical and mental health; and the
right to take part in cultural life.
83.
Barriers to women’s economic opportunities resulting from reproduction and care
functions must be removed in order to permit choice by women and men as to how they
allocate economic and caring duties. Three possible patterns of allocation have been
13
14
16
For more information, see the background paper by Mayra Gomez. See also UN–Women and
OHCHR, Realizing Women’s Rights to Land and Other Productive Resources (2013).
This section draws upon the background paper by Sharon Offenberger. See also the bibliography for
this section.