1. Introduction 3 Understanding women’s economic and social rights 10

38 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, G.A. res. 45/158, annex, 45 U.N. GAOR Supp. (No. 49A) at 262, U.N. Doc. A/45/49 (1990), entered into force 1 July 2003.

39 African [Banjul] Charter on Human and Peoples’ Rights, adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986.

40 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo, CAB/LEG/66.6 (13 September 2000); reprinted in 1 Afr. Hum. Rts. L.J. 40, entered into force 25 November 2005.

41 Ibid., at Art. 2.

42 Ibid.

43 Ibid., at Art. 13.

44 Ibid., at Art. 21.

45 League of Arab States, Revised Arab Charter on Human Rights, 22 May 2004, reprinted in 12 Int’l Hum. Rts. Rep. 893 (2005), entered into force 15 March 2008.

46 European Social Charter (revised), (ETS No. 163), entered into force 7 January 1999.

47 American Convention on Human Rights, O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force 18 July 1978.

48 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador,” O.A.S. Treaty Series No. 69 (1988), entered into force 16 November 1999. See also: Inter-American Commission on Human Rights, ‘Guidelines for Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights,’ Doc No. OEA/Ser.L/V/II.132, Doc. 14, 19 July 2008. See also: Inter-American Commission on Human Rights, ‘Access to Justice as a Guarantee of Economic, Social and Cultural Rights: A Review of the Standards Adopted by the Inter-American System of Human Rights, Doc. No. OEA/Ser.L/V/II.129, Doc. 4, 7 September 2007.

49 Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, 33 I.L.M. 1534 (1994), entered into force 5 March 1995.

50 Ibid., at Art. 5.

51 The countries include: Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam.

52 ASEAN Human Rights Declaration, adopted unanimously by ASEAN members on 18 November 2012 (Phnom Penh, Cambodia).

53 Declaration of the Advancement of Women in the ASEAN Region, adopted on 5 July 1988 (Bangkok, Thailand).

54 See: International Women’s Rights Action Watch, ‘Equality and Women’s Economic, Social and Cultural Rights: A Guide to Implementation and Monitoring Under the International Covenant on Economic, Social and Cultural Rights,’ University of Minnesota: 2004.

55 As the United Nations Committee on Economic, Social and Cultural Rights has understood:
The enjoyment of human rights on the basis of equality between men and women must be understood comprehensively. Guarantees of non-discrimination and equality in international human rights treaties mandate both de facto and de jure equality. De jure (or formal) equality and de facto (or substantive) equality are different but interconnected concepts. Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner. Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantage that particular groups experience.
As quoted from: Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

56 IWRAW Asia Pacific and ESCR Net, ‘Claiming Women’s Economic, Social and Cultural Rights: A Resource Guide to Advancing Women’s Economic, Social and Cultural Rights Using the Optional Protocol and Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol and International Covenant on Economic, Social and Cultural Rights,’ April 2013.

57 The Montreal Principles on Women’s Economic, Social and Cultural Rights, adopted at a meeting of experts held December 7 – 10, 2002 in Montréal, Canada.

58 Ibid.

59 See: Report submitted by the Special Rapporteur on the right to education, Mr. V. Muñoz Villalobos, ‘Girls’ right to education,’ UN Doc. E/CN.4/2006/45, 8 February 2006.

60 See: Elaine Zuckerman, ‘Critique: Gender Equality as Smart Economics: A World Bank Group Gender Action Plan (GAP) (Fiscal years 2007-10),’ Gender Action, January 2007. See also: Maya Sethi, ‘What contribution does feminist economics make to the understanding of gender equality?,’ thesis submitted at the Gender Institute, London School of Economics, March 2011.

61 Advisory Committee on Equal Opportunities for Women and Men, ‘Opinion on: The Gender Perspective on the response to the economic and financial crisis,’ June 2009.

62 Association for Women’s Rights in Development (AWID), ‘Highlights from the Strategy Meeting to Follow-Up Efforts on AID Effectiveness, Gender Equality and the Impact of the Crisis on Women,’ 6-7 August 2009. See also: United Nations Department of Economic and Social Affairs (Division for the Advancement of Women), 2009 World Survey on the Role of Women in Development: Women’s Control over Economic Resources and Access to Financial Resources, including Microfinance, UN Doc. No. ST/ESA/326, New York, 2009.

63 The Government of Iceland, ‘25^th National Report on the implementation of the 1961 European Social Charter,’ on Articles 1, 15 and 18 for the period 01/01/2007 - 31/12/2010, Report registered by the Secretariat on 8 October 2012.

64 OHCHR, ‘Preliminary Assessment of Responses Received from the Economic and Social Life (ESL) Questionnaire,’ 21 June 2013 (on file with author).

65 Ibid.

66Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force 3 September 1981.

67 Yet, despite the widespread recognition of the principle of non-discrimination, in many jurisdictions women continue to face legal discrimination and inequalities in all areas of economic and social rights. Researchers have noted that de jure inequalities function as “a real impediment to the ability of jobs to improve living standards, productivity and social cohesion in ways which facilitate economic development.” Sandra Fredman, ‘Anti-discrimination laws and work in the developing world: A thematic overview,’ background paper for the World Development Report 2013, 2013.

68 56th Session (30 September 2013 - 18 October 2013: Andorra, Benin, Cambodia, Colombia, Republic of Moldova, Seychelles, Tajikistan; 55th Session (8 July 2013 - 26 July 2013): Afghanistan, Bosnia and Herzegovina, Cape Verde, Cuba, Democratic Republic of the Congo, Dominican Republic, Serbia, United Kingdom of Great Britain and Northern Ireland, United Kingdom of Great Britain and Northern Ireland (Crown Dependencies), United Kingdom of Great Britain and Northern Ireland (Overseas Territory); 54th Session (11 February 2013 - 1 March 2013): Angola, Austria, Cyprus, Greece, Hungary, Pakistan, the former Yugoslav Republic of Macedonia. See also: Marsha A. Freeman, Christine Chinkin and Beate Rudolf (eds.), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary, Oxford University Press, 2012.

69 Please note that this is not an exhaustive summary of the contents of the Concluding Observations, but rather serves to indicate the scope of the economic and social issues which have been addressed by the CEDAW Committee over the past year.

70 See also: Marsha A. Freeman, Christine Chinkin and Beate Rudolf (eds.), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary, Oxford University Press, 2012.

71 Committee on the Elimination of Discrimination against Women, General Recommendation 13, Equal remuneration for work of equal value (Eighth session, 1989), U.N. Doc. A/44/38 at 76 (1990).

72 Committee on the Elimination of Discrimination against Women, General Recommendation 16, Unpaid women workers in rural and urban family enterprises (Tenth session, 1991), U.N. Doc. A/46/38 at 1 (1993).

73 Committee on the Elimination of Discrimination against Women, General Recommendation 17, Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product (Tenth session, 1991), U.N. Doc. A/46/38 at 2 (1993).

74 Committee on the Elimination of Discrimination against Women, General Recommendation 24, Women and Health (Twentieth session, 1999), U.N. Doc. A/54/38 at 5 (1999).

75 Committee on the Elimination of Discrimination against Women, General Recommendation 29, Economic consequences of marriage, family relations and their dissolution (Fifty-fourth session, 2013), U.N. Doc. CEDAW/C/GC/29 (2013).

76 Committee on the Elimination of Discrimination against Women, General Recommendation 18, Disabled women (Tenth session, 1991), U.N. Doc. A/46/38 at 3 (1993).

77 Committee on the Elimination of Discrimination against Women, General Recommendation 19, Violence against women (Eleventh session, 1992), U.N. Doc. A/47/38 at 1 (1993).

78 Committee on the Elimination of Discrimination against Women, General Recommendation 21, Equality in marriage and family relations (Thirteenth session, 1992), U.N. Doc. A/49/38 at 1 (1994).

79 Committee on the Elimination of Discrimination against Women, General Recommendation 26, Women Migrant Workers (Forty-second session, 2008), U.N. Doc. CEDAW/C/2009/WP.1/R (2008).

80 Committee on the Elimination of Discrimination against Women, General Recommendation 27, Older women and protection of their human rights (Forty-seventh session, 2010), U.N. Doc. CEDAW/C/GC/27 (2010).

81 Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

82 Here it should be said that CEDAW in general addresses distribution of existing economic and social rights (i.e. discrimination and equality vis-à-vis substantive economic and social rights). However, Article 3 of CEDAW does provide that “States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women ….”

83 Progressive realization should not be misinterpreted as depriving economic, social and cultural rights of all meaningful content. The purpose, rather, is to give Governments flexibility and to recognize government’s different economic capabilities. It is not an escape clause. It includes the idea of continuous improvement and the obligation of the government to ensure that there are no regressive measures.

84 Article 3 of the International Covenant on Economic, Social and Cultural Rights guarantees that “The States [p]arties 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.” International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force 3 January 1976. On Article 3 the Committee on Economic, Social and Cultural Rights has noted that:
The travaux préparatoires state that article 3 was included in the Covenant, as well as in ICCPR, to indicate that beyond a prohibition of discrimination, “the same rights should be expressly recognized for men and women on an equal footing and suitable measures should be taken to ensure that women had the opportunity to exercise their rights …. Moreover, even if article 3 overlapped with article 2, paragraph 2, it was still necessary to reaffirm the equality rights between men and women. That fundamental principle, which was enshrined in the Charter of the United Nations, must be constantly emphasized, especially as there were still many prejudices preventing its full application.” Unlike article 26 of ICCPR, articles 3 and 2, paragraph 2, of ICESCR are not stand-alone provisions, but should be read in conjunction with each specific right guaranteed under part III of the Covenant.
As quoted from: Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

85⁶⁷ UN Committee on Economic, Social and Cultural Rights, ‘General Comment No. 16, Article 3: the Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights,’ UN Doc. E/C.12/2005/3 (2005).

86 Ibid., at para. 14.

87 For more information, please also see Annexes 1& 2.

88 UN Committee on Economic, Social and Cultural Rights, ‘General Comment No. 16, Article 3: the Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights,’ UN Doc. E/C.12/2005/3 (2005), at para. 23.

89 Ibid., at para. 24.

90 Ibid., at para. 25.

91 Ibid., at para. 26.

92 Ibid., at para. 27.

93 Ibid., at para. 28.

94 Ibid., at para. 29.

95 Ibid., at para. 30.

96 Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

97 Committee on the Elimination of Discrimination against Women, General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, UN Doc. CEDAW/C/GC/28 (16 December 2010).

98 Ibid.

99 Ibid. See also: Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

100 Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

101 Committee on the Elimination of Discrimination against Women, General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, UN Doc. CEDAW/C/GC/28 (16 December 2010).

102 See: Office of the United Nations High Commissioner for Human Rights, ‘Report on Indicators for Promoting and Monitoring the Implementation of Human Rights,’ UN Doc. HRI/MC/2008/3, 6 June 2008. This report outlines a conceptual and methodological framework for quantitative human rights indicators and discusses the relevance of using “structural-process-outcome” indicators. See also: Lilian Chenwi, ‘Monitoring the progressive realisation of socio-economic rights: Lessons from the United Nations Committee on Economic, Social and Cultural Rights and the South African Constitutional Court,’ Research paper written for Studies in Poverty and Inequality Institute, 2010.

103 Committee on Economic, Social and Cultural Rights, General Comment 16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty- fourth session, 2005), U.N. Doc. E/C.12/2005/3 (2005).

104 Committee on Economic, Social and Cultural Rights, General Comment 3, The nature of States parties’ obligations (Fifth session, 1990), U.N. Doc. E/1991/23, annex III at 86 (1991).

105 John Ruggie, Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, U.N. Doc. E/CN.4/2006/97 (2006).

106 Ibid.

107 Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, adopted on 28 September 2011, at a gathering of experts in international law and human rights convened by Maastricht University and the International Commission of Jurists.

108 Ibid.

109 Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, adopted on 28 September 2011, at a gathering of experts in international law and human rights convened by Maastricht University and the International Commission of Jurists, General Principles and Principle 32.

110 Ibid., at Principle 36. according to Principle 37 on general obligation to provide effective remedy reaffirms that:
States must ensure the enjoyment of the right to a prompt, accessible and effective remedy before an independent authority, including, where necessary, recourse to a judicial authority, for violations of economic, social and cultural rights. Where the harm resulting from an alleged violation has occurred on the territory of a State other than a State in which the harmful conduct took place, any State concerned must provide remedies to the victim. To give effect to this obligation, States should: a) seek cooperation and assistance from other concerned States where necessary to ensure a remedy; b) ensure remedies are available for groups as well as individuals; c) ensure the participation of victims in the determination of appropriate reme¬dies; d) ensure access to remedies, both judicial and non-judicial, at the national and international levels; and e) accept the right of individual complaints and develop judicial remedies at the international level.
Ibid., at Principle 37. According to Principle 38:
Remedies, to be effective, must be capable of leading to a prompt, thorough and impartial investigation; cessation of the violation if it is ongoing; and adequate reparation, including, as necessary, restitution, compensation, satisfaction, rehabilitation and guarantees of non-repetition. To avoid irreparable harm, interim measures must be available and States must respect the indication of interim measures by a competent judicial or quasi-judicial body. Victims have the right to truth about the facts and circumstances surrounding the violations, which should also be disclosed to the public, provided that it causes no further harm to the victim.

111 Committee on Economic, Social and Cultural Right, Concluding Observations: Germany, UN Doc. E/C.12/DEU/CO/5, 12 July 2011, at paras. 9 and 10.

112 Human Rights Committee, Concluding Observations: Germany, UN Doc. CCPRC/C/DEU/CO/6, 12 November 2012, at para 16.

113 Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, adopted on 28 September 2011, at a gathering of experts in international law and human rights convened by Maastricht University and the International Commission of Jurists., at Principle 9.

114 See, e.g., Mac Darrow, Between Light and Shadow: The World Bank, The International Monetary Fund and International Human Rights Law, Oxford: Hart Publishing, 2003, pp. 127-133.

115 Ibid.

116 Charter of the United Nations, Art. 55(c), adopted 26 June 1945, 59 Stat. 1031, T.S. 993, 3 Bevans 1153, entered into force 24 October 1945. Other human rights obligations are enshrined in Article 1 and Article 56 of the UN Charter, and these too are binding upon all Member States of the United Nations. Article 1(3) states that the “purposes and principles” of the United Nations is “to achieve international co-operation in … promoting and encouraging respect for human rights and for fundamental freedoms for all….” Article 56 states that “all Members pledge themselves to take joint and separate action … for the achievement of the purposes set forth in Article 55.”

117 Charter of the United Nations, Art. 103, adopted 26 June 1945, 59 Stat. 1031, T.S. 993, 3 Bevans 1153, entered into force 24 October 1945.

118 As adapted from: General recommendation No. 25, on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, on temporary special measures, reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.7 at 282 (2004).

119 Ibid.

120