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The right to sexual and reproductive health (Art. 12) 2016, para. 9

Paragraph text
The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to non discrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood, sexual orientation, gender identity or intersex status.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Health
Person(s) affected
  • Men
  • Persons on the move
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

The right to just and favourable conditions of work (Art. 7) 2016, para. 62

Paragraph text
To help assess the enjoyment of the right to just and favourable conditions of work, States parties should establish obligatory notification schemes in the event of occupational accidents and disease, as well as mechanisms to assess systematically the level of the minimum wage, fair wages and the gender pay gap between men and women within organizations in the public and private sectors, including in high-level posts. States parties should also periodically review the impact of laws and policies, in consultation with workers and employers, with a view to updating standards in the light of practice. For example, the national policy on occupational safety and health should include a built-in periodic review mechanism. States parties should promote the extension of protective regimes to sectors at risk; introduce schemes that allow for coverage of informal workers, coupled with measures to regularize the informal economy; create adequate dialogue mechanisms to raise pertinent issues; and introduce incentives to overcome the gender pay gap, including through initiatives to alleviate the burden of reproductive work on women, for example, by promoting access to goods and services, such as day-care facilities and non transferable parental leave for men.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Men
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

The right to just and favourable conditions of work (Art. 7) 2016, para. 55

Paragraph text
States parties should identify indicators and benchmarks to monitor the implementation of the right to just and favourable conditions of work. Such indicators and benchmarks should address the different elements of the right to just and favourable conditions of work, be disaggregated by sex and other relevant grounds such as age, disability, nationality and urban/rural location, and cover all persons under the territorial jurisdiction of the State party or under its control. States parties should define the indicators that are most relevant to national implementation of the right, such as the incidence of occupational accidents; the ratio of women's wages to men's wages; the proportion of women and other underrepresented individuals in high-level positions; the proportion of workers offered continuing job training; the number of complaints of harassment received and resolved; the minimum standards for rest, leisure, hours of work and paid annual leave; and the uptake of measures to reconcile professional and family life by women and men. In selecting indicators, the Committee invites States parties to take into account available guidance, including the Office of the United Nations High Commissioner for Human Rights (OHCHR) lists of illustrative indicators with respect to articles 6 and 7 of the Covenant and ILO indicators.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Men
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

The right to just and favourable conditions of work (Art. 7) 2016, para. 42

Paragraph text
Part-time workers should receive paid annual leave equivalent to that of comparable full-time workers and proportionate to hours of work. A failure to include part-time workers in the scope of legislation will lead to inequality between men and women where a higher proportion of women rely on part-time work, for example, when returning to work after maternity leave.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Men
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

The right to just and favourable conditions of work (Art. 7) 2016, para. 9

Paragraph text
The minimum criteria for remuneration are: fair wages, equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (art. 7 (a) (i)); and a decent living for workers and their families (art. 7 (a) (ii)).
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Families
  • Men
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 40

Paragraph text
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.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 27

Paragraph text
Article 10, paragraph 1, of the Covenant requires that States parties recognize that the widest possible protection and assistance should be accorded to the family, and that marriage must be entered into with the free consent of the intending spouses. Implementing article 3, in relation to article 10, requires States parties, inter alia, to provide victims of domestic violence, who are primarily female, with access to safe housing, remedies and redress for physical, mental and emotional damage; to ensure that men and women have an equal right to choose if, whom and when to marry - in particular, the legal age of marriage for men and women should be the same, and boys and girls should be protected equally from practices that promote child marriage, marriage by proxy, or coercion; and to ensure that women have equal rights to marital property and inheritance upon their husband's death. Gender-based violence is a form of discrimination that inhibits the ability to enjoy rights and freedoms, including economic, social and cultural rights, on a basis of equality. States parties must take appropriate measures to eliminate violence against men and women and act with due diligence to prevent, investigate, mediate, punish and redress acts of violence against them by private actors.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Violence
Person(s) affected
  • Boys
  • Children
  • Girls
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 24

Paragraph text
Article 7 (a) of the Covenant requires States parties to recognize the right of everyone to enjoy just and favourable conditions of work and to ensure, among other things, fair wages and equal pay for work of equal value. Article 3, in relation to article 7 requires, inter alia, that the State party identify and eliminate the underlying causes of pay differentials, such as gender biased job evaluation or the perception that productivity differences between men and women exist. Furthermore, the State party should monitor compliance by the private sector with national legislation on working conditions through an effectively functioning labour inspectorate. The State party should adopt legislation that prescribes equal consideration in promotion, non wage compensation and equal opportunity and support for vocational or professional development in the workplace. Finally, the State party should reduce the constraints faced by men and women in reconciling professional and family responsibilities by promoting adequate policies for childcare and care of dependent family members.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To promote equal representation of men and women in public office and decision making bodies;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To conduct human rights education and training programmes for judges and public officials;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 20

Paragraph text
States parties have an obligation to monitor and regulate the conduct of non-State actors to ensure that they do not violate the equal right of men and women to enjoy economic, social and cultural rights. This obligation applies, for example, in cases where public services have been partially or fully privatized.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 16

Paragraph text
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.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 12

Paragraph text
Direct discrimination occurs when a difference in treatment relies directly and explicitly on distinctions based exclusively on sex and characteristics of men or of women, which cannot be justified objectively.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The right to education (Art. 13) 1999, para. 32

Paragraph text
The adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
1999
Date added
Aug 19, 2019
Paragraph

The right to social security (Art. 9) 2007, para. 32

Paragraph text
In general comment No.16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3), the Committee noted that implementation of article 3 in relation to article 9 requires, inter alia, equalization of the compulsory retirement age for both men and women; ensuring that women receive equal benefits in both public and private pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for men, and parental leave for both men and women. In social security schemes that link benefits with contributions, States parties should take steps to eliminate the factors that prevent women from making equal contributions to such schemes (for example, intermittent participation in the workforce on account of family responsibilities and unequal wage outcomes) or ensure that schemes take account of such factors in the design of benefit formulas (for example by considering child rearing periods or periods to take care of adult dependents in relation to pension entitlements). Differences in the average life expectancy of men and women can also lead directly or indirectly to discrimination in provision of benefits (particularly in the case of pensions) and thus need to be taken into account in the design of schemes. Non-contributory schemes must also take account of the fact that women are more likely to live in poverty than men and often have sole responsibility for the care of children.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2007
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 35

Paragraph text
The adoption of temporary special measures may be necessary to accelerate the equal enjoyment by women of all economic, social and cultural rights and to improve the de facto position of women. Temporary special measures should be distinguished from permanent policies and strategies undertaken to achieve equality of men and women.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The right to social security (Art. 9) 2007, para. 62

Paragraph text
To demonstrate compliance with their general and specific obligations, States parties must show that they have taken the necessary steps towards the realization of the right to social security within their maximum available resources, and have guaranteed that the right is enjoyed without discrimination and equally by men and women (articles 2 and 3 of the Covenant). Under international law, a failure to act in good faith to take such steps amounts to a violation of the Covenant.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2007
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 42

Paragraph text
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.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To promote equal participation of men and women in development planning, decision-making and in the benefits of development and all programmes related to the realization of economic, social and cultural rights.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To conduct awareness-raising and training programmes on equality for workers involved in the realization of economic, social and cultural rights at the grass-roots level;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To establish appropriate venues for redress such as courts and tribunals or administrative mechanisms that are accessible to all on the basis of equality, including the poorest and most disadvantaged and marginalized men and women;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 21

Paragraph text
[The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:] To make available and accessible appropriate remedies, such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition, declarations, public apologies, educational programmes and prevention programmes;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 17

Paragraph text
The equal right of men and women to the enjoyment of economic, social and cultural rights, like all human rights, imposes three levels of obligations on States parties - the obligation to respect, to protect and to fulfil. The obligation to fulfil further contains duties to provide, promote and facilitate. Article 3 sets a non-derogable standard for compliance with the obligations of States parties as set out in articles 6 through 15 of ICESCR.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 13

Paragraph text
Indirect discrimination occurs when a law, policy or programme does not appear to be discriminatory, but has a discriminatory effect when implemented. This can occur, for example, when women are disadvantaged compared to men with respect to the enjoyment of a particular opportunity or benefit due to pre-existing inequalities. Applying a gender-neutral law may leave the existing inequality in place, or exacerbate it.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 6

Paragraph text
The essence of article 3 of ICESCR is that the rights set forth in the Covenant are to be enjoyed by men and women on a basis of equality, a concept that carries substantive meaning. While expressions of formal equality may be found in constitutional provisions, legislation and policies of Governments, article 3 also mandates the equal enjoyment of the rights in the Covenant for men and women in practice.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 3

Paragraph text
Article 2, paragraph 2, of ICESCR provides for a guarantee of non-discrimination on the basis of sex among other grounds. This provision, and the guarantee of equal enjoyment of rights by men and women in article 3, are integrally related and mutually reinforcing. Moreover, the elimination of discrimination is fundamental to the enjoyment of economic, social and cultural rights on a basis of equality.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The right to the highest attainable standard of health (Art. 12) 2000, para. 20

Paragraph text
The Committee recommends that States integrate a gender perspective in their health related policies, planning, programmes and research in order to promote better health for both women and men. A gender-based approach recognizes that biological and socio-cultural factors play a significant role in influencing the health of men and women. The disaggregation of health and socio-economic data according to sex is essential for identifying and remedying inequalities in health.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

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.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2005
Date added
Aug 19, 2019
Paragraph

The right to sexual and reproductive health (Art. 12) 2016, para. 27

Paragraph text
Seemingly neutral laws, policies and practices can perpetuate already existing gender inequalities and discrimination against women. Substantive equality requires that laws, policies and practices do not maintain, but rather alleviate, the inherent disadvantage that women experience in exercising their right to sexual and reproductive health. Gender based stereotypes, assumptions and expectations related to women being the subordinates of men and their role being solely as caregivers and mothers, in particular, are obstacles to substantive gender equality, including the equal right to sexual and reproductive health, and need to be modified or eliminated, as does the role of men solely as heads of household and breadwinners. At the same time, special measures, both temporary and permanent, are necessary to accelerate the de facto equality of women and to protect maternity.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Health
Person(s) affected
  • Men
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

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