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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 2
- Paragraph text
- Article 3 implies that all human beings should enjoy the rights provided for in the Covenant, on an equal basis and in their totality. The full effect of this provision is impaired whenever any person is denied the full and equal enjoyment of any right. Consequently, States should ensure to men and women equally the enjoyment of all rights provided for in the Covenant.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- Men
- Women
- Año
- 2000
Párrafo
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 34
- Paragraph text
- States parties should periodically review existing legislation, policies, strategies and programmes in relation to economic, social and cultural rights, and adopt any necessary changes to ensure that they are consonant with their obligations under article 3 of the Covenant.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2005
Párrafo
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 59
- Paragraph text
- Article 9 of the Convention establishes that women enjoy the rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis with men. The Committee has interpreted that this right also applies to spouses.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Movement
- Personas afectadas
- Children
- Men
- Persons on the move
- Women
- Año
- 2014
Párrafo
Economic consequences of marriage, family relations and their dissolution 2013, para. 11
- Paragraph text
- States parties should guarantee equality between women and men in their constitutions and should eliminate any constitutional exemptions that would serve to protect or preserve discriminatory laws and practices with regard to family relations.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Men
- Women
- Año
- 2013
Párrafo
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 37
- Paragraph text
- 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.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2005
Párrafo
Women and girls with disabilities 2016, para. 9
- Paragraph text
- Article 6 is a binding non-discrimination and equality provision that unequivocally outlaws discrimination against women with disabilities and promotes equality of opportunity and equality of outcomes. Women and girls with disabilities are more likely to be discriminated against than men and boys with disabilities and the larger population of women and girls.
- Organismo
- Committee on the Rights of Persons with Disabilities
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Boys
- Girls
- Men
- Persons with disabilities
- Women
- Año
- 2016
Párrafo
Rights of rural women 2016, para. 55
- Paragraph text
- Rural women often have only limited rights over land and natural resources. In many regions, they suffer from discrimination in relation to land rights, including with respect to communal lands, which are controlled largely by men.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
Equal recognition before the law 2014, para. 6
- Paragraph text
- The right to equality before the law is also reflected in other core international and regional human rights treaties. Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees women's equality before the law and requires the recognition of women's legal capacity on an equal basis with men, including with regard to concluding contracts, administering property and exercising their rights in the justice system. Article 3 of the African Charter on Human and Peoples' Rights provides for the right of every person to be equal before the law and to enjoy equal protection of the law. Article 3 of the American Convention on Human Rights enshrines the right to juridical personality and the right of every person to recognition as a person before the law.
- Organismo
- Committee on the Rights of Persons with Disabilities
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 2014
Párrafo
Equal recognition before the law 2014, para. 4
- Paragraph text
- The present general comment reflects an interpretation of article 12 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for the inherent dignity, individual autonomy - including the freedom to make one's own choices -, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
- Organismo
- Committee on the Rights of Persons with Disabilities
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Men
- Persons with disabilities
- Women
- Año
- 2014
Párrafo
Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28 1981, para. 2
- Paragraph text
- Firstly, article 3, as articles 2 (1) and 26 insofar as those articles primarily deal with the prevention of discrimination on a number of grounds, among which sex is one, requires not only measures of protection but also affirmative action designed to ensure the positive enjoyment of rights. This cannot be done simply by enacting laws. Hence, more information has generally been required regarding the role of women in practice with a view to ascertaining what measures, in addition to purely legislative measures of protection, have been or are being taken to give effect to the precise and positive obligations under article 3 and to ascertain what progress is being made or what factors or difficulties are being met in this regard.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Men
- Women
- Año
- 1981
Párrafo
Non-discrimination 1989, para. 2
- Paragraph text
- Indeed, the principle of non discrimination is so basic that article 3 obligates each State party to ensure the equal right of men and women to the enjoyment of the rights set forth in the Covenant. While article 4, paragraph 1, allows States parties to take measures derogating from certain obligations under the Covenant in time of public emergency, the same article requires, inter alia, that those measures should not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Furthermore, article 20, paragraph 2, obligates States parties to prohibit, by law, any advocacy of national, racial or religious hatred which constitutes incitement to discrimination.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- Men
- Women
- Año
- 1989
Párrafo
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 11
- Paragraph text
- To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Harmful Practices
- Personas afectadas
- Children
- Men
- Women
- Año
- 2000
Párrafo
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 18
- Paragraph text
- States parties should provide information to enable the Committee to ascertain whether access to justice and the right to a fair trial, provided for in article 14, are enjoyed by women on equal terms with men. In particular, States parties should inform the Committee whether there are legal provisions preventing women from direct and autonomous access to the courts (see communication No. 202/1986, Ato del Avellanal v. Peru, Views of 28 October 1988); whether women may give evidence as witnesses on the same terms as men; and whether measures are taken to ensure women equal access to legal aid, in particular in family matters. States parties should report on whether certain categories of women are denied the enjoyment of the presumption of innocence under article 14, paragraph 2, and on the measures which have been taken to put an end to this situation.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Families
- Men
- Women
- Año
- 2000
Párrafo
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 22
- Paragraph text
- In relation to article 19, States parties should inform the Committee of any laws or other factors which may impede women from exercising the rights protected under this provision on an equal basis. As the publication and dissemination of obscene and pornographic material which portrays women and girls as objects of violence or degrading or inhuman treatment is likely to promote these kinds of treatment of women and girls, States parties should provide information about legal measures to restrict the publication or dissemination of such material.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Girls
- Men
- Women
- Año
- 2000
Párrafo
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 19
- Paragraph text
- The right of everyone under article 16 to be recognized everywhere as a person before the law is particularly pertinent for women, who often see it curtailed by reason of sex or marital status. This right implies that the capacity of women to own property, to enter into a contract or to exercise other civil rights may not be restricted on the basis of marital status or any other discriminatory ground. It also implies that women may not be treated as objects to be given, together with the property of the deceased husband, to his family. States must provide information on laws or practices that prevent women from being treated or from functioning as full legal persons and the measures taken to eradicate laws or practices that allow such treatment.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 2000
Párrafo
Temporary special measures 1988, para. 18
- Paragraph text
- Measures taken under article 4, paragraph 1, by States parties should aim to accelerate the equal participation of women in the political, economic, social, cultural, civil or any other field. The Committee views the application of these measures not as an exception to the norm of non- discrimination, but rather as an emphasis that temporary special measures are part of a necessary strategy by States parties directed towards the achievement of de facto or substantive equality of women with men in the enjoyment of their human rights and fundamental freedoms. While the application of temporary special measures often remedies the effects of past discrimination against women, the obligation of States parties under the Convention to improve the position of women to one of de facto or substantive equality with men exists irrespective of any proof of past discrimination. The Committee considers that States parties that adopt and implement such measures under the Convention do not discriminate against men.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 1988
Párrafo
Temporary special measures 1988, para. 8
- Paragraph text
- In the Committee's view, a purely formal legal or programmatic approach is not sufficient to achieve women's de facto equality with men, which the Committee interprets as substantive equality. In addition, the Convention requires that women be given an equal start and that they be empowered by an enabling environment to achieve equality of results. It is not enough to guarantee women treatment that is identical to that of men. Rather, biological as well as socially and culturally constructed differences between women and men must be taken into account. Under certain circumstances, non-identical treatment of women and men will be required in order to address such differences. Pursuit of the goal of substantive equality also calls for an effective strategy aimed at overcoming underrepresentation of women and a redistribution of resources and power between men and women.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 1988
Párrafo
Equality in marriage and family relations 1994, para. 28
- Paragraph text
- In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman's practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Men
- Women
- Año
- 1994
Párrafo
Equality in marriage and family relations 1994, para. 14
- Paragraph text
- States parties' reports also disclose that polygamy is practised in a number of countries. Polygamous marriage contravenes a woman's right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited. The Committee notes with concern that some States parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance with personal or customary law. This violates the constitutional rights of women, and breaches the provisions of article 5 (a) of the Convention.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Harmful Practices
- Personas afectadas
- Families
- Men
- Women
- Año
- 1994
Párrafo
Core obligations of States parties under article 2 2010, para. 22
- Paragraph text
- Inherent to the principle of equality between men and women, or gender equality, is the concept that all human beings, regardless of sex, are free to develop their personal abilities, pursue their professional careers and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. States parties are called upon to use exclusively the concepts of equality of women and men or gender equality and not to use the concept of gender equity in implementing their obligations under the Convention. The latter concept is used in some jurisdictions to refer to fair treatment of women and men, according to their respective needs. This may include equal treatment, or treatment that is different but considered equivalent in terms of rights, benefits, obligations and opportunities.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Men
- Women
- Año
- 2010
Párrafo
Women in conflict prevention, conflict and post-conflict situations 2013, para. 49
- Paragraph text
- Likewise, women are forced to look for alternative sources of livelihood as family survival comes to depend heavily on them. Even though during conflict women take on roles previously held by men in the formal employment sector, it is not uncommon in post-conflict settings for women to lose formal-sector jobs and return to the household or to the informal sector. In post-conflict settings, the generation of employment is a top priority for building a sustainable post-conflict economy; however, employment-generation initiatives in the formal sector tend to neglect women because they focus on economic opportunities for demobilized men. It is imperative that post-conflict reconstruction programmes value and support women's contributions in the informal and productive areas of the economy where most economic activity occurs.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Humanitarian
- Personas afectadas
- Men
- Women
- Año
- 2013
Párrafo
Rights of rural women 2016, para. 5
- Paragraph text
- Globally, and with few exceptions, on every gender and development indicator for which data are available, rural women fare worse than rural men and urban women and men, and rural women disproportionately experience poverty and exclusion. They face systemic discrimination in access to land and natural resources. They carry most of the unpaid work burden owing to stereotyped gender roles, inequality within the household and the lack of infrastructure and services, including with respect to food production and care work. Even when formally employed, they are more often engaged in work that is insecure, hazardous, poorly paid and not covered by social protection. They are less likely to be educated and are at higher risk of being trafficked and forced into labour, as well as into child and/or forced marriage and other harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18). They are more likely to become ill, suffer from malnutrition or die from preventable causes, and are particularly disadvantaged with respect to access to health care.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Poverty
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
Women’s access to justice 2015, para. 43
- Paragraph text
- In some communities, women are unable to approach justice systems without the assistance of a male relative, and social norms hinder their ability to exercise autonomy outside the household. Article 15 of the Convention provides that women and men are to be equal before the law and that States parties must accord to women a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity. The civil law procedures and remedies to which women are to have access include those in the fields of contracts, private employment, personal injury, consumer protection, inheritance, land and property rights.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2015
Párrafo
Rights of rural women 2016, para. 28
- Paragraph text
- Article 9 provides that States parties shall grant women equal rights with men to acquire, change or retain their nationality. Rural women and their children may be deprived of their rights if not recognized as citizens of their countries. Their statelessness is often the consequences of discriminatory legislation whereby women cannot pass on their nationality to their children and foreign spouse or may risk losing their nationality through marriage with a foreigner or as a consequence of divorce. In addition, identity documents may be more difficult to acquire in rural areas, owing in particular to the lack of birth registration or of marriage, divorce or death certificates.
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Men
- Women
- Año
- 2016
Párrafo
Rights of rural women 2016, para. 68a
- Paragraph text
- [States parties should promote the transition to formal financial services and ensure rural women's access to credit, loans, matrimonial savings, insurance and domestic payment services, on the basis of equality with rural men, and promote their economic, financial and business skills. States parties should ensure that rural women have equal access to:] Community-managed and mobile financial services, which should address rural women's needs, for example by lending to women who may lack collaterals, employ simplified, low-cost banking practices and facilitate rural women's access to formal financial service providers;
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 33
- Paragraph text
- These strategies should be based on the systematic identification of policies, programmes and activities relevant to the situation and context within the State, as derived from the normative content of article 3 of the Covenant and spelled out in relation to the levels and nature of States parties' obligations referred to in paragraphs 16 to 21 above. The strategies should give particular attention to the elimination of discrimination in the enjoyment of economic, social and cultural rights.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2005
Párrafo
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 25
- Paragraph text
- Ensuring the equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties. Implementing article 3 of the Covenant, in relation to article 15, paragraph 1 (a), requires, inter alia, the elimination of institutional and legal obstacles as well as those based on negative practices, including those attributed to customs and traditions, that prevent women from participating fully in cultural life, science education and scientific research.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Men
- Women
- Año
- 2009
Párrafo
The right to just and favourable conditions of work (Art. 7) 2016, para. 33
- Paragraph text
- In the public sector, States parties should introduce objective standards for hiring, promotion and termination that are aimed at achieving equality, particularly between men and women. Public sector promotions should be subject to impartial review. For the private sector, States parties should adopt relevant legislation, such as comprehensive non discrimination legislation, to guarantee equal treatment in hiring, promotion and termination, and undertake surveys to monitor changes over time.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 66
- Paragraph text
- Another means of encouraging the empowerment of women and girls is by building their social assets. This can be facilitated through the creation of safe spaces where girls and women can connect with peers, mentors, teachers and community leaders and express themselves, speak out, articulate their aspirations and concerns and participate in decisions affecting their lives. This can help them to develop self-esteem and self-efficacy, communication, negotiation and problem-solving skills and awareness of their rights and can be particularly important for migrant girls. Given that men have traditionally held positions of power and influence at all levels, their engagement is crucial to ensuring that children and women have the support and committed engagement of their families, communities, civil society and policymakers.
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Girls
- Men
- Persons on the move
- Women
- Año
- 2014
Párrafo
Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28 1981, para. 4
- Paragraph text
- The Committee, therefore, considers that it might assist States parties if special attention were given to a review by specially appointed bodies or institutions of laws or measures which inherently draw a distinction between men and women insofar as those laws or measures adversely affect the rights provided for in the Covenant and, secondly, that States parties should give specific information in their reports about all measures, legislative or otherwise, designed to implement their undertaking under this article.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Men
- Women
- Año
- 1981
Párrafo