Report - Office of the High Commissioner on Human Rights

What has <strong>the</strong> Committee on
ESCR said about article 11(1)
General Comment No. 4 paragraph 6:
• The right to adequate housing applies to
everyone. While references to “himself and
his family” reflects assumptions as to gender
roles and economic activity patterns commonly
accepted in 1966 when <strong>the</strong> Covenant was
adopted, <strong>the</strong> phrase cannot be read today as
implying any limitations upon <strong>the</strong> applicability
<strong>of</strong> <strong>the</strong> right to individuals or to female-headed
households or o<strong>the</strong>r such groups…
Intersectional discrimination
• Discrimination against women can be compounded
by discrimination on o<strong>the</strong>r grounds such as race,
disability, age, ethnicity, caste, sexual orientation
and so on
• These discriminations may combine to create new
forms <strong>of</strong> discrimination against women eg
– Sexual violence directed at women <strong>of</strong> a
particular ethnic group
– Forced sterilisations <strong>of</strong> indigenous women
or women with disabilities
– Forced evictions <strong>of</strong> widows
Towards remedies: Small group
discussion
• Forms <strong>of</strong> discrimination against women <strong>the</strong>
Pacific that prevent women’s enjoyment <strong>of</strong>
housing rights (from this morning’s sharing):
Rural women in urban settings; Sexuality;
Race/Ethnicity; Indigenous; Disability; VAW.
• Which elements <strong>of</strong> <strong>the</strong> right to adequate
housing are violated
• What are <strong>the</strong> sources <strong>of</strong> this discrimination
(e.g. law, custom, policy)
• What measures need to be adopted to
achieve women’s substantive equality
Non-discrimination and equality
provisions in ICESCR:
What model <strong>of</strong> equality is adopted
• Article 2(2): The States Parties to <strong>the</strong> present
Covenant undertake to guarantee that <strong>the</strong> rights
enunciated in <strong>the</strong> present Covenant will be
exercised without discrimination <strong>of</strong> any kind as to
race, colour, sex, language, religion, political or
o<strong>the</strong>r opinion, national or social origin, property,
birth or o<strong>the</strong>r status.
• Article 3: The States Parties to <strong>the</strong> present
Covenant undertake to ensure <strong>the</strong> equal right <strong>of</strong>
men and women to <strong>the</strong> enjoyment <strong>of</strong> all economic,
social and cultural rights set forth in <strong>the</strong> present
Covenant.
Discrimination against
women defined in CEDAW
• Article 1: For <strong>the</strong> purposes <strong>of</strong> <strong>the</strong> present
Convention, <strong>the</strong> term “discrimination against
women” shall mean any distinction, exclusion
or restriction made on <strong>the</strong> basis <strong>of</strong> sex which
has <strong>the</strong> effect or purpose <strong>of</strong> impairing or
nullifying <strong>the</strong> recognition, enjoyment or
exercise by women, irrespective <strong>of</strong> <strong>the</strong>ir marital
status, on a basis <strong>of</strong> equality <strong>of</strong> men and
women, <strong>of</strong> human rights and fundamental
freedoms in <strong>the</strong> political, economic, social,
cultural, civil or any o<strong>the</strong>r field.
Discrimination against women
defined in CEDAW (article 1)
Note:
• Acts <strong>of</strong> discrimination can take a number <strong>of</strong> forms:
“distinction, exclusion or restriction”
• It refers to discrimination against women on <strong>the</strong>
ground <strong>of</strong> “sex” or “marital status” – sex
discrimination has also been interpreted to include
<strong>the</strong> grounds <strong>of</strong> “pregnancy”, “breast feeding”,
“widowhood” etc
• It prohibits discrimination in “effect or purpose” –
whe<strong>the</strong>r indirect (unintentional) or direct (intentional)
• The act <strong>of</strong> discrimination must “nullify <strong>the</strong>
recognition, enjoyment or exercise by women … <strong>of</strong>
[<strong>the</strong>ir] human rights and fundamental freedoms”
Discrimination against women
defined in CEDAW (article 1)
Note fur<strong>the</strong>r:
• CEDAW prohibits discrimination against
women in <strong>the</strong> private field – including
discrimination by “any person, organization
or enterprise” (article 2(e))
• The CEDAW Committee has defined
violence against women as a form <strong>of</strong> sex
discrimination (General Comment 19)
Fur<strong>the</strong>r references to substantive
equality in CEDAW
• Article 2 (a) requires states parties to ensure
<strong>the</strong> “practical realization” <strong>of</strong> equality between
men and women
• Article 3 requires <strong>the</strong> state to provide
enabling conditions that guarantee women
are able to exercise and enjoy human rights
on a basis <strong>of</strong> equality with men
• Article 4 promotes affirmative action that
accelerates “de facto equality” between men
and women
EXECUTIVE SUMMARY 79