A/HRC/53/39
30.
The Convention on the Elimination of All Forms of Discrimination against Women
contains multiple provisions on the right to substantive gender equality. These include a
broad definition of discrimination against women, temporary special measures to accelerate
equality of opportunities and treatment, obligations to ensure women’s full development,
their participation in political and public life, and their enjoyment of specific socioeconomic
rights.54 Article 5 (a) of the Convention stipulates that States must adopt specific measures
to combat harmful gender stereotypes.
31.
During the Working Group’s consultations, participants – several of them women and
girls living or having grown up in poverty themselves – described the stigma and intersecting
discrimination experienced by women and girls in poverty. Women and girls from ethnic
minority groups, such as Roma and Indigenous women, women and girls with disabilities,
girls and young women in poverty, illiterate women and girls, women and girls of African
descent, internally displaced, migrant (especially undocumented), stateless, asylum-seeking
and refugee women, women living in situations of conflict and occupation, rural women,
older women, self-employed women, women domestic workers, and women waste pickers
and street vendors, described the distinct ways in which poverty and inequalities shaped their
lives. Many participants powerfully attested to the stress occasioned by the need to provide
an adequate standard of living for their families, with limited resources, along with feelings
of guilt due to having to leave their children to work long hours in poorly paid, informal and
precarious employment.55 It was also emphasized that social welfare paradigms that targeted
families living in poverty, often directed at Indigenous and minority groups, such as Roma
families, for placement of their children into care or non-consensual adoptions were
discriminatory and violated the human rights to family protection and assistance. 56
32.
In many jurisdictions, criminal laws are disproportionately applied to women and girls
because of their economic or social status, and due to the costs of accessing the formal justice
system. Those particularly affected are women and girls living in poverty seeking
reproductive health care and services, including abortion, Indigenous, migrant and ethnic
minority women and girls, women and girls who are experiencing homelessness, women and
girl street vendors, sex workers, those who use drugs or are associated with trade in drugs,
women in the informal economy, informal and cross-border traders, women and girls
environmental and human rights defenders, and members of LGBTIQ+ communities. 57
33.
The security of tenure of land or housing and the accessibility of legal and justice
systems are also severely limited for women and girls living in poverty, who frequently have
no effective means to assert their rights to be free from violence, to contest or to receive
compensation for illegal or unfair evictions, displacement due to development projects, land
grabbing and environmental destruction, or to access or claim adequate housing, decent
working conditions or social security entitlements.58
Poverty and inequality: violations of women’s economic, social and cultural rights
34.
Economic, social and cultural rights are recognized in numerous international,
regional and national human rights instruments. The right to an adequate standard of living,
as guaranteed in article 25 (1) of the Universal Declaration of Human Rights, article 11 of
the International Covenant on Economic, Social and Cultural Rights, article 27 of the
Convention on the Rights of the Child and article 14 of the Convention on the Elimination of
All Forms of Discrimination against Women, constitutes a key entitlement through which the
rights of women and girls to live in dignity may be guaranteed. In its general comment No.
12 (1999), the Committee on Economic, Social and Cultural Rights noted that an “adequate”
standard of living was “to a large extent determined by prevailing social, economic, cultural,
climatic, ecological and other conditions”, and this cannot be reduced to a simple, universal
monetary threshold. The right to an adequate standard of living encompasses food and
nutrition, housing, electricity, water and sanitation. The right to rest and leisure protected in
54
55
56
57
58
10
Arts. 1, 3, 4, 7, 8 and 11–14.
Submission from ATD Fourth World.
Submission from End Child Poverty Coalition and Youth Voices.
Submissions from Penal Reform International and ATD Fourth World; and fortifyrights.org.
Ibid.
GE.23-06173
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