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Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 25

Paragraph text
To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children's religious and moral education, the capacity to transmit to children the parent's nationality, and the ownership or administration of property, whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Families
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 21

Paragraph text
States parties must take measures to ensure that freedom of thought, conscience and religion, and the freedom to adopt the religion or belief of one's choice - including the freedom to change religion or belief and to express one's religion or belief - will be guaranteed and protected in law and in practice for both men and women, on the same terms and without discrimination. These freedoms, protected by article 18, must not be subject to restrictions otherthan those authorized by the Covenant and must not be constrained by, inter alia, rules requiring permission from third parties, or by interference from fathers, husbands, brothers or others. Article 18 may not be relied upon to justify discrimination against women by reference to freedom of thought, conscience and religion; States parties should therefore provide information on the status of women as regards their freedom of thought, conscience and religion, and indicate what steps they have taken or intend to take both to eliminate and prevent infringements of these freedoms in respect of women and to protect their right not to be discriminated against.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 17

Paragraph text
States parties should ensure that alien women are accorded on an equal basis the right to submit arguments against their expulsion and to have their case reviewed, as provided in article 13. In this regard, they should be entitled to submit arguments based on gender-specific violations of the Covenant such as those mentioned in paragraphs 10 and 11 above.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Movement
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 14

Paragraph text
With regard to article 9, States parties should provide information on any laws or practices which may deprive women of their liberty on an arbitrary or unequal basis, such as by confinement within the house (see general comment No. 8, paragraph 1).
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 8

Paragraph text
Women are particularly vulnerable in times of internal or international armed conflicts.States parties should inform the Committee of all measures taken during these situations to protect women from rape, abduction and other forms of gender-based violence.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Humanitarian
  • Violence
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 4

Paragraph text
States parties are responsible for ensuring the equal enjoyment of rights without any discrimination. Articles 2 and 3 mandate States parties to take all steps necessary, including the prohibition of discrimination on the ground of sex, to put an end to discriminatory actions, both in the public and the private sector, which impair the equal enjoyment of rights.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 7

Paragraph text
The equal enjoyment of human rights by women must be protected during a state of emergency (art. 4). States parties which take measures derogating from their obligations under the Covenant in time of public emergency, as provided in article 4, should provide information to the Committee with respect to the impact on the situation of women of such measures and should demonstrate that they are non-discriminatory.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Humanitarian
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 23: Protection of the Family, the Right to Marriage and Equality of the Spouses 1990, para. 4

Paragraph text
Article 23, paragraph 2, of the Covenant reaffirms the right of men and women of marriageable age to marry and to found a family. Paragraph 3 of the same article provides that no marriage shall be entered into without the free and full consent of the intending spouses. States parties' reports should indicate whether there are restrictions or impediments to the exercise of the right to marry based on special factors such as degree of kinship or mental incapacity. The Covenant does not establish a specific marriageable age either for men or for women, but that age should be such as to enable each of the intending spouses to give his or her free and full personal consent in a form and under conditions prescribed by law. In this connection, the Committee wishes to note that such legal provisions must be compatible with the full exercise of the other rights guaranteed by the Covenant; thus, for instance, the right to freedom of thought, conscience and religion implies that the legislation of each State should provide for the possibility of both religious and civil marriages. In the Committee's view, however, for a State to require that a marriage, which is celebrated in accordance with religious rites, be conducted, affirmed or registered also under civil law is not incompatible with the Covenant. States are also requested to include information on this subject in their reports.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Families
  • Men
  • Women
Year
1990
Date added
Aug 19, 2019
Paragraph

Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28 1981, para. 5

Paragraph text
The Committee considers that it might help the States parties in implementing this obligation, if more use could be made of existing means of international cooperation with a view to exchanging experience and organizing assistance in solving the practical problems connected with the insurance of equal rights for men and women.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
1981
Date added
Aug 19, 2019
Paragraph

Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28 1981, para. 1

Paragraph text
Article 3 of the Covenant requiring, as it does, States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the Covenant, has been insufficiently dealt with in a considerable number of States reports and has raised a number of concerns, two of which may be highlighted.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
1981
Date added
Aug 19, 2019
Paragraph

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.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 30

Paragraph text
Discrimination against women is often intertwined with discrimination on other grounds such as race, colour, language, religion, political or other opinion, national or social origin, property, birth or other status. States parties should address the ways in which any instances of discrimination on other grounds affect women in a particular way, and include information on the measures taken to counter these effects.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 1

Paragraph text
The Committee has decided to update its general comment on article 3 of the Covenant and to replace general comment No. 4 (thirteenth session, 1981), in the light of the experience it has gathered in its activities over the last 20 years. The present revision seeks to take account of the important impact of this article on the enjoyment by women of the human rights protected under the Covenant.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 65

Paragraph text
Procedural laws or their application that make distinctions based on any of the criteria listed in article 2, paragraph 1 or article 26, or disregard the equal right of men and women, in accordance with article 3, to the enjoyment of the guarantees set forth in article 14 of the Covenant, not only violate the requirement of paragraph 1 of this provision that "all persons shall be equal before the courts and tribunals," but may also amount to discrimination.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2007
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 29

Paragraph text
The right to participate in the conduct of public affairs is not fully implemented everywhere on an equal basis. States parties must ensure that the law guarantees to women the rights contained in article 25 on equal terms with men and take effective and positive measures to promote and ensure women's participation in the conduct of public affairs and in public office, including appropriate affirmative action. Effective measures taken by States parties to ensure that all persons entitled to vote are able to exercise that right should not be discriminatory on the grounds of sex. The Committee requires States parties to provide statistical information on the percentage of women in publicly elected office, including the legislature, as well as in high- ranking civil service positions and the judiciary.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 27

Paragraph text
In giving effect to recognition of the family in the context of article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children, and to ensure the equal treatment of women in these contexts (see general comment No. 19, paragraph 2). Single-parent families frequently consist of a single woman caring for one or more children, and States parties should describe what measures of support are in place to enable her to discharge her parental functions on the basis of equality with a man in a similar position.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Families
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 26

Paragraph text
States parties must also ensure equality in regard to the dissolution of marriage, which excludes the possibility of repudiation. The grounds for divorce and annulment should be the same for men and women, as well as decisions with regard to property distribution, alimony and the custody of children. Determination of the need to maintain contact between children and the non-custodial parent should be based on equal considerations. Women should also have equal inheritance rights to those of men when the dissolution of marriage is caused by the death of one of the spouses.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • Children
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 23

Paragraph text
States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women's capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Harmful Practices
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Girls
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Families
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 16

Paragraph text
As regards article 12, States parties should provide information on any legal provision or any practice which restricts women's right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman. States parties should also report on measures taken to eliminate such laws and practices and to protect women against them, including reference to available domestic remedies (see general comment No. 27, paragraphs 6 and 18).
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Movement
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 15

Paragraph text
As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Children
  • Infants
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 13

Paragraph text
States parties should provide information on any specific regulation of clothing to be worn by women in public. The Committee stresses that such regulations may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 12

Paragraph text
Having regard to their obligations under article 8, States parties should inform the Committee of measures taken to eliminate trafficking of women and children, within the country or across borders, and forced prostitution. They must also provide information on measures taken to protect women and children, including foreign women and children, from slavery, disguised, inter alia, as domestic or other kinds of personal service. States parties where women and children are recruited, and from which they are taken, and States parties where they are received should provide information on measures, national or international, which have been taken in order to prevent the violation of women's and children's rights.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Violence
Person(s) affected
  • Children
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Harmful Practices
Person(s) affected
  • Children
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 9

Paragraph text
In becoming parties to the Covenant, States undertake, in accordance with article 3, to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant, and in accordance with article 5, nothing in the Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights provided for in article 3, or at limitations not covered by the Covenant. Moreover, there shall be no restriction upon or derogation from the equal enjoyment by women of all fundamental human rights recognized or existing pursuant to law, conventions, regulations or customs, on the pretext that the Covenant does not recognize such rights or that it recognizes them to a lesser extent.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 6

Paragraph text
In order to fulfil the obligation set forth in article 3, States parties should take account of the factors which impede the equal enjoyment by women and men of each right specified in the Covenant. To enable the Committee to obtain a complete picture of the situation of women in each State party as regards the implementation of the rights in the Covenant, this general comment identifies some of the factors affecting the equal enjoyment by women of the rights under the Covenant and spells out the type of information that is required with regard to these rights.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 5

Paragraph text
Inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture, including religious attitudes. The subordinate role of women in some countries is illustrated by the high incidence of prenatal sex selection and abortion of female foetuses. States parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women's right to equality before the law and to equal enjoyment of all Covenant rights. States parties should furnish appropriate information on those aspects of tradition, history, cultural practices and religious attitudes which jeopardize, or may jeopardize, compliance with article 3, and indicate what measures they have taken or intend to take to overcome such factors.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Gender
  • Health
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 3

Paragraph text
The obligation to ensure to all individuals the rights recognized in the Covenant, established in articles 2 and 3 of the Covenant, requires that States parties take all necessary steps to enable every person to enjoy those rights. These steps include the removal of obstacles to the equal enjoyment of such rights, the education of the population and of State officials in human rights, and the adjustment of domestic legislation so as to give effect to the undertakings set forth in the Covenant. The State party must not only adopt measures of protection, but also positive measures in all areas so as to achieve the effective and equal empowerment of women.States parties must provide information regarding the actual role of women in society so that the Committee may ascertain what measures, in addition to legislative provisions, have been or should be taken to give effect to these obligations, what progress has been made, what difficulties are encountered and what steps are being taken to overcome them.
Body
Human Rights Committee
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
  • Gender
  • Governance & Rule of Law
Person(s) affected
  • Men
  • Women
Year
2000
Date added
Aug 19, 2019
Paragraph

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