Human Rights Committee General Comment No. 18 Non-discrimination

The Human Rights Committee adopted its General Comment 18 on 10 November 1989 during its thirty-seventh session.  General Comment 18 describes discrimination as follows:

… the Committee believes that the term “discrimination” as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.

As well as this definition, General Comment 18 is significant in its interpretation of the Civil and Political Covenant as requiring affirmative action in certain circumstances:

…the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population.

For further sources outlining the rights of equality and non-discrimination, see:

  • the International Covenant on Civil and Political Rights (articles 2.1, 14, 24, 25 and 26)
  • the International Covenant on Economic, Social and Cultural Rights (article 2.2)
  • the Convention on the Elimination of All Forms of Racial Discrimination (articles 1, 2, 4 and 5)
  • the Convention on the Rights of the Child (article 2)
  • the Convention on the Elimination of All Forms of Discrimination Against Women (articles 2, 3, 4 and 15)
  • the Convention on the Rights of Persons with Disabilities (articles 3, 4, 5 and 12).
  • implicitly in the Convention Against Torture (since treatment being discriminatory can also contribute to it being found to be “degrading”.)

 

Discrimination against women and girls in family and cultural life: UN Working Group report

UN Working Group on discrimination against women in law and in practice

In this report, the Working Group examines discrimination against women and girls in cultural and family life. The cultural construction of gender determines the role of women and girls within the family, including in marriage.
After analysing the impact of culture and religion on the enjoyment of equal rights by women and girls in society and the family, the Working Group redefines family by incorporating a gender perspective. In reaffirming equality between the sexes and family diversity, it is necessary to apply the principle of women’s right to equality in all forms of family law, in secular family law systems, State-enforced religious family law systems and plural systems.
After recalling the obligation of States to combat discrimination against women in cultural and family life, the Working Group makes several recommendations, drawing on good practices, for the establishment of true equality between the sexes in cultural and family life.

Gender Equality and Human Rights: Discussion Paper

UN Women

Authors/editor(s): Sandra Fredman and Beth Goldblatt

The achievement of substantive equality is understood as having four dimensions: redressing disadvantage; countering stigma, prejudice, humiliation and violence; transforming social and institutional structures; and facilitating political participation and social inclusion. The paper shows that, although not articulated in this way, these dimensions are clearly visible in the application by the various interpretive bodies of the principles of equality to the enjoyment of treaty rights.

At the same time, it shows that there are important ways in which these bodies could go further, both in articulating the goals of substantive equality and in applying them when assessing compliance by States with international obligations of equality. The substantive equality approach, in its four-dimensional form, provides an evaluative tool with which to assess policy in relation to the right to gender equality.

The paper elaborates on the four-dimensional approach to equality and how it can be used to evaluate the impact of social and economic policies on women to determine how to make the economy ‘work for women’ and advance gender equality. The paper suggests that there is a growing consensus at the international level on an understanding of substantive equality that reflects the four dimensional framework. This paper was produced for UN Women’s flagship report Progress of the World’s Women 2015-2016 and is released as part of the UN Women discussion paper series.

Guidebook on CEDAW general recommendation no. 30 and the UN Security Council resolutions on women, peace and security

UN Women

Authors/editor(s): Aisling Swaine and Catherine O’Rourke

The CEDAW Committee’s General recommendation no. 30 on women in conflict prevention, conflict and post-conflict situations is a landmark document giving authoritative guidance to countries that have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on concrete measures to ensure women’s human rights are protected before, during and after conflict. The general recommendation makes clear that the Convention applies in all forms of conflict and post-conflict settings and addresses crucial issues facing women in these settings, including violence and challenges in access to justice and education, employment and health. It gives guidance on States parties’ obligation of due diligence in respect of crimes against women by non-State actors. The general recommendation affirms CEDAW’s linkages with the Security Council’s women, peace and security agenda.

The purpose of this Guidebook is to increase knowledge about general recommendation no. 30 and the Security Council resolutions on women, peace and security, and how these frameworks can be used to strengthen and reinforce each other. The Guidebook provides information on the content of the general recommendation and the Security Council resolutions and on the reporting and monitoring mechanisms. It includes a checklist for States parties reporting to the CEDAW Committee and also provides some examples of where the general recommendation and Security Council resolutions have been referred to in the CEDAW Committee’s concluding observations and lists of issues to States parties. The Guidebook also contributed to the global study on implementation of Security Council resolution 1325.

Realizing Women’s Rights to Land and other Productive Resources

UN Women and OHCHR

Women’s access to, use of and control over land and other productive resources are essential to ensuring their right to equality and to an adequate standard of living. Throughout the world, gender inequality when it comes to land and other productive resources is related to women’s poverty and exclusion.  Barriers which prevent women’s access to, use of and control over land and other productive resources often include inadequate legal standards and/or ineffective implementation at national and local levels, as well as discriminatory cultural attitudes and practices at the institutional and community level.

The purpose of this publication is to provide detailed guidance to support the adoption and effective implementation of laws, policies and programmes to respect, protect and fulfil women’s rights to land and other productive resources.  It presents an overview of international and regional legal and policy instruments recognizing women’s rights to land and other productive resources, and discusses ways of advancing a human rights-based approach to women’s rights to land and other productive resources.  It sets out recommendations in a range of areas accompanied by explanatory commentaries and good practice examples and case studies from countries. The publication is based on the results of an expert group meeting held in June 2012.  It is hoped that the publication will be a useful tool for policy makers, civil society organizations and other stakeholders  in their efforts to realize women’s rights to land other productive resources.

Protection of the Family: Letter to HRC President from UN Experts

During the 29th regular session of the UN Human Rights Council, four UN Special Procedures — the Working Group on the issue of discrimination against women in law and in practice, the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and the Special Rapporteur on the sale of children, child prostitution and child pornography — sent a letter to the President of the Human Rights Council expressing concerns regarding the debates on the Protection of the Family resolution.

 

Enforcing Rights and Correcting Wrongs: Overcoming Gender Barriers in Legal Systems

UNDP

This paper uncovers barriers to equality in legal systems that restrict human rights along gender lines – patent and latent; and proposes possible ways to redress legal discrimination for accelerating human development.

It explores three strategic avenues for simultaneous action. One, fixing institutions – laws, legal practices and modes of access; two, changing attitudes of those who create, uphold, and use laws; and three, establishing ongoing assessments to reveal inequalities and monitor progress. The focus of evidence is from countries of Asia-Pacific. However, given widespread gender-linked gaps in justice systems, and similarities of legal challenges posed, the paper is expected to be relevant also for other similarly placed countries.

Reproductive Rights are Human Rights: Handbook for NHRIs

UNFPA, The Danish Institute for Human Rights, The Office of the United Nations High Commissioner for Human Rights 

The purpose of this Handbook is to provide National Human Rights Institutions with tools and guidance on how to integrate reproductive rights into their work.

Each National Human Rights Institution is as unique as the country in which it has been established, but that does not mean that many of their challenges, including within the field of reproductive rights, are not the same or similar. This Handbook is intended to give an introduction to reproductive rights, both what they mean in practice and their normative background, and how National Human Rights Institutions can work within this field.

A number of experiences from NHRIs have been gathered and are included in this Handbook.

Linking Sexual and Reproductive Health and HIV

UNFPA

Fact Sheet on HIV/AIDS

The AIDS epidemic is integrally linked to sexual and reproductive health (SRH) since the majority of HIV infections are sexually transmitted or associated with pregnancy, childbirth and breastfeeding.
Both HIV and poor sexual and reproductive health are driven by poverty, gender inequality and social marginalization of the most vulnerable populations. By linking HIV and SRH responses, we can reach more people and make better progress towards the joint goals
of universal access to sexual and reproductive health and to HIV prevention, treatment, care and support.
UNFPA, together with the rest of the international community, strongly advocates for closer linkages between HIV and sexual and reproductive
health policies, systems and services.