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120 PRACTITIONERS GUIDE No. 12
consequence the maintenance of unequal or separate
standards; these measures shall be discontinued when the
objectives of equality of opportunity and treatment have been
achieved.
“2. Adoption by States Parties of special measures, including
those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.” 326
The CEDAW Convention was drafted and adopted in the
knowledge that “a change in the traditional role of men as well
as the role of women in society and in the family is needed to
achieve full equality between men and women”, 327 and that
securing that change requires effort on the part of States.
States and legal systems around the world typically do not
provide for an adequate and effective legal framework and
practical means to give effect to that framework with respect to
the elimination of gender-based violence and discrimination
against women. When States ratify or accede to human rights
treaties, they are under a legal obligation, of immediate effect,
to implement those rights in law and in practice. 328
326
The Maputo Protocol, above note 230, also requires that States
“take corrective and positive action in those areas where
discrimination in law and in fact continues to exist” (Article 2(d)).
327
CEDAW Convention, preambular paragraph 14.
328
CEDAW Convention, Article 2, which includes the following
commitment: “States Parties condemn discrimination against women
in all its forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women”. The duty
to ensure equality between men and women in the enjoyment of their
human rights is included in Article 3 of both the ICCPR and ICESCR.
See also Human Rights Committee, General Comment No 31, above
note 256, paragraph 13 of which provides that “States Parties are
required on ratification to make such changes to domestic laws and
practices as are necessary to ensure their conformity with the
Covenant.” (paragraph 13); and paragraph 14 of which states that
“The requirement under article 2, paragraph 2, to take steps to give
effect to the Covenant rights is unqualified and of immediate effect. A
failure to comply with this obligation cannot be justified by reference