A/HRC/26/39
endeavoured to identify good practices that will inform the compendium of good practices
mandated in paragraph 18 (b) of Human Rights Council resolution 15/23.
A.
The international legal framework
9.
International human rights law, including regional instruments, guarantees economic
and social rights and women’s right to equality in their enjoyment.
10.
International human rights law establishes the obligation of States to ensure the
exercise of women’s economic and social rights under conditions of equality and free from
discrimination. The Convention on the Elimination of All Forms of Discrimination against
Women and the International Covenant on Economic, Social and Cultural Rights are the
key human rights instruments guaranteeing these rights. Articles 2 and 3 of the Convention
establish a comprehensive obligation to eliminate discrimination in all its forms. Article 4
encourages the use of temporary special measures, while other provisions explicitly
guarantee various aspects of women’s economic and social rights, including articles 10
(education), 11 (employment), 13 (financial and cultural life), 14 (rural women) and 15
(equality before the law). Articles 2 and 3 of the Covenant prohibit discrimination based on
sex and guarantee “the equal right of men and women to the enjoyment of all economic,
social and cultural rights set forth in the present Covenant”. The Covenant recognizes the
right to: work; just and favourable conditions of work; social security; an adequate standard
of living; education; and to form trade unions. The international human rights framework is
complemented by key International Labour Organization (ILO) gender equality
Conventions, such as Conventions No. 100 (equal remuneration), 111 (discrimination in
employment and occupation), 156 (workers with family responsibilities), 183 (maternity
protection) and 189 (domestic workers).
11.
Various other international and regional human rights treaties also protect women’s
and girls’ social and economic rights.
12.
The Beijing Declaration and Platform for Action of the Fourth World Conference on
Women identified, as critical policy priorities in the global economy, the persistent burden
of poverty on women, and inequalities in education, training, economic structures and
policies, productive activities and access to resources.
B.
Current state of legislation, structural and cultural barriers and
accountability4
1.
Constitutional guarantees
13.
Most countries guarantee equality in their constitutions, many of them expressly
requiring gender equality. Furthermore, several constitutions in different regions expressly
guarantee gender equality in economic and social life and, in some cases, also specifically
in working life.
2.
Remaining discriminatory legislation
14.
In a significant number of countries, discriminatory legislation, often through
application of personal law systems, continues to create an almost impassable barrier to
women’s equal economic and social opportunity. These include laws that limit women’s
4
This section draws upon the background papers by Sandra Fredman and Mayra Gomez. See also the
bibliography for this section.
5