E/C.12/2005/4
page 9
37.
The right of individuals and groups of individuals to participate in decision-making
processes that may affect their development must be an integral component of any policy,
programme or activity developed to discharge governmental obligations under article 3 of the
Covenant.
B. Remedies and accountability
38.
National policies and strategies should provide for the establishment of effective
mechanisms and institutions where they do not exist, including administrative authorities,
ombudsmen and other national human rights institutions, courts and tribunals. These institutions
should investigate and address alleged violations relating to article 3 and provide remedies for
such violations. States parties, for their part, should ensure that such remedies are effectively
implemented.
C. Indicators and benchmarks
39.
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.
IV. VIOLATIONS
40.
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.
41.
The principle of equality between men and women is fundamental to the enjoyment of
each of the specific rights enumerated in the Covenant. Failure to ensure formal and substantive
equality in the enjoyment of any of these rights constitutes a violation of that right. Elimination
of de jure as well as de facto discrimination is required for the equal enjoyment of economic,
social and cultural rights. Failure to adopt, implement and monitor effects of laws, policies and
programmes to eliminate de jure and de facto discrimination with respect to each of the rights
enumerated in articles 6 to 15 of the Covenant constitutes a violation of those rights.
42.
Violations of the rights contained in the Covenant can occur through the direct action of,
failure to act or omission by States parties, or through their institutions or agencies at the national
and local levels. The adoption and undertaking of any retrogressive measures that affect the
equal right of men and women to the enjoyment of the all the rights set forth in the Covenant
constitutes a violation of article 3.
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