Article 3: Equality between men and women.

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Comment:

Article 3 provides for equality between men and women in the enjoyment of all the rights stated in the Covenant. This provision derives directly from the language of the Article 2 of the Universal Declaration of Human Rights, and is the same as that of Article 3 of the International Covenant on Civil and Political Rights.

The drafting body debated at length the inclusion of this specific reference to equality in view of the nondiscrimination provision of Article 2.2. Acknowledging the persistence of "prejudices preventing its full application," the drafters noted that the prohibition of discrimination was not enough to guarantee equality in enjoyment of rights. They firmly stated that "suitable measures should be taken to ensure that women had the opportunity to exercise their rights" and saw the language of Article 3 as underscoring the unequivocal nature of the equality guarantee. (23)

Article 3 is of immediate and mandatory application and is not subject to the principle of progressive realization. States parties may not suggest that equality is a matter that may be addressed after they have dealt generally with implementation of substantive rights. They must indicate the actions they have taken to provide for equality as to each of the rights stated in Covenant Articles 6-15, as integral to their efforts to implement those rights. While culture, tradition, and lack of resources might be cited as obstacles to equality, they are not an excuse, and States parties must indicate efforts to deal with them.

The term "enjoyment" of rights must be understood as contextual and substantive. While formal mandates relating to equality--constitutional provisions, laws, policy statements, and subsidiary regulations--are required, States parties must also attend to the structural and cultural issues that affect implementation and outcomes of formal policies. They also must attend to issues in exercising rights, such as freedom to express them in public and in private, the ability to claim them in an adequate and accessible forum, and provision of remedies for denial or violation.

Certain provisions of the CEDAW Convention may be helpful in analyzing these issues, particularly Articles 1 (definition of discrimination), Article 4 (temporary special measures to accelerate equality), Article 5 (relating to custom, tradition, and stereotyping that constitute obstacles to the elimination of discrimination), and General Recommendation No. 25 (temporary special measures to accelerate the elimination of de facto discrimination). With respect to the substantive articles of the Covenant, Articles 6-16 of the CEDAW Convention and related General Recommendations also can be illuminating.

Women's enjoyment of human rights is deeply affected by the cultural construct of gender. Gender-based assumptions and expectations generally place women at a disadvantage with respect to substantive enjoyment of rights, such as freedom to act and to be recognized as autonomous, fully capable adults, to participate fully in economic, political and social development, and to make decisions concerning their circumstances and conditions. Gender-based assumptions about economic, social and cultural roles preclude the sharing of responsibility in all spheres that is necessary to equality. States parties must indicate their efforts to deal directly with the limitations on women's exercise of human rights as a result of gendered roles and expectations. They must address gendered social and cultural assumptions, provide for equality in the allocation of resources, and promote sharing of responsibilities in the family, the community, and in public life.

Violence against women prevents them from enjoying economic, social and cultural rights on an equal basis with men. While violence in the home or family setting is generally thought to be the most common, women and girls experience various forms of violence in public, in the workplace, and in educational institutions. States parties must address all these forms of violence to meet their obligations under the various articles of the Covenant.

Questions to ask:

1. Does the constitution include a guarantee of equality between women and men in the protection and enjoyment of human rights?

2. Do the existing laws, regulations, and administrative policies ensure equal opportunity and access to women to each of the rights stated in Articles 6-15? Do women have the same access as men, in law and in fact, to the political process, social services, social security, health and medical care, education, literacy programs, employment, and property ownership?? What are the practical obstacles that prevent women from the full exercise of the human rights contained in the Covenant on a basis equal to that exercised by men?

3. Have any laws been enacted, or policy measures taken, that affect the status of women with regard to participation in social, economic, and cultural life? Have women effectively participated in the formulation of such laws or policies? Are these laws and policies being implemented?

4. Is there an official policy aimed at advancing the de facto equality of women? If so, what steps have been taken to implement this policy? Have any laws been enacted to implement such a policy? How effective has the implementation been? How is the public informed of the policy and its implementation?

5. What entity is responsible for promoting and monitoring implementation of women's economic, social and cultural rights? If a state machinery (such as a ministry, department, ombud) is responsible, what is its role? Its level of power in relation to other elements of the government? Its funding level? Its long-term sustainability?

6. Do women have the freedom to express or exercise their rights in public and in private? Identify any obstacles to women's ability to exercise the rights enumerated in the Covenant. What efforts has the State taken to ensure women freedom to exercise their economic, social and cultural rights? How effective have those efforts been?

7. What limitations exist, whether by law, regulation, custom, traditional beliefs or social norms, that prevent or inhibit women from exercising fully the rights contained in the Covenant? What measures has the State taken to deal with the limitations on women's exercise of these rights as a result of law, gendered roles or assumptions? How effective have those measures been?

8. To what extent are women or women's organizations actively involved in policymaking? Do mechanisms exist to encourage or ensure such involvement? What measures have been taken to ensure that women participate in the design, planning, and implementation of development planning at all levels?

9. Do women have the right and the opportunity to represent the State on an international level in matters relating to economic, social and cultural rights and to participate in the work of international organizations on equal terms with men?

10. Has the State enacted laws, regulations or policy to address violence against women? Describe their effectiveness.

(23) Draft International Covenants on Human Rights: Report of the Third Committee, A/5365,(17 December 1962).