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

Convention 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.

443 International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976.

444 Ibid. See also: Varun Gauri and Daniel M. Brinks, Courting social justice: judicial enforcement of social and economic rights in the developing world, Cambridge: Cambridge University Press, 2008.

445 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).

446 Committee on Economic, Social and Cultural Rights, General Comment 9, The domestic application of the Covenant (Nineteenth session, 1998), U.N. Doc. E/C.12/1998/24 (1998).

447 Ibid.

448 Ibid.

449 Ibid.

450 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).

451 Several cases addressing women’s economic and social rights have also been brought before regional human rights mechanisms. For more information, please see the ESCR-Net’s Caselaw database, available online at: http://www.escr-net.org/caselaw [last accessed 15 December 2013].

452 F. H. Zwaan-de Vries v. the Netherlands, Communication No. 182/1984 (9 April 1987), U.N. Doc. Supp. No. 40 (A/42/40) at 160 (1987).

453 Ibid.

454 Graciela Ato del Avellanal v. Peru, Communication No. 202/1986, U.N. Doc. Supp. No. 40 (A/44/40) at 196 (1988). Regional human rights bodies have also taken similar cases. For example, in the case of Maria Eugenia Morales de Sierra v. Guatemala (2000) the Inter-American Commission on Human Rights addressed the issue of married women’s equal property rights, with the petitioner challenging the Guatemalan Civil Code. In Guatemala at the time, the Civil Code conferred upon the husband the power to represent the marital union and empowered the husband to administer marital property. The Commission found, however, that those provisions were in contravention of the obligations of Guatemala under the American Convention on Human Rights. See: María Eugenia Morales de Sierra v. Guatemala, Case 11.625, Report No. 4/00, OEA/Ser.L/V/II.111 Doc. 20 rev. at 929 (2000).

455 Ibid. The Human Rights Committee also decided in the case of LMR v. Argentina (2011), a case in which the petitioner, a young woman with permanent mental impairment, was refused an abortion by a hospital despite a Court order authorizing that the abortion could take place. In this case, the Human Rights Committee found a violation of the right to be free from torture or to cruel, inhuman or degrading treatment or punishment on the basis that the petitioner was subjected to physical and mental suffering which was made especially serious by the victim’s status as a young woman with a disability. The Committee also held that the facts constituted arbitrary interference into the petitioner’s private life, and that she did not have access to an effective remedy as guaranteed to her under the Covenant. LMR v. Argentina, Communication No. 1608/2007, UN Doc. CCPR/C/101/D/1608/2007 (28 April 2011).

456 Ms. A. T. v. Hungary, Communication No.: 2/2003, UN Doc. CEDAW/C/32/D/2/2003 (2005).

457 Ibid.

458 Fatma Yildirim (deceased) v. Austria, Communication No. 6/2005, UN Doc. CEDAW/C/39/D/6/2005 (1 October 2007).

459 Şahide Goekce (deceased) v. Austria, Communication No. 5/2005, UN Doc. CEDAW/C/39/D/5/2005 (6 August 2007).

460 Karen Tayag Vertido v. The Philippines, Communication No. 18/2008, UN Doc. CEDAW/C/46/D/18/2008 (22 September 2010).

461 Isatou Jallow v. Bulgaria, Communication No. 32/2011, UN Doc. CEDAW/C/52/D/32/2011 (28 August 2012).

462 V.K. v. Bulgaria, Communication No. 20/2008, UN Doc. CEDAW/C/49/D/20/2008 (17 August 2011).

463 V.P.P. v. Bulgaria, Communication No. 31/2011, UN Doc. CEDAW/C/53/D/31/2011 (24 November 2012).

464 Cecilia Kell v. Canada, Communication No. 19/2008, UN Doc. CEDAW/C/51/D/19/2008 (26 April 2012).

465 Ibid.

466 Ibid.

467 Ibid.

468 R.K.B. v. Turkey, Communication No. 28/2010, UN Doc. CEDAW/C/51/D/28/2010 (13 April 2012).

469 Ibid.

470 Ibid.

471 Ibid. The Committee also ordered that the State party provide for appropriate and regular training on the Convention, its Optional Protocol and its general recommendations for judges, lawyers and law enforcement personnel in a gender-sensitive manner, so as to ensure that stereotypical prejudices and values do not affect decision-making.

472 UN-Women, ‘Gender-Responsive Budgeting,’ available at: http://www.gender-budgets.org/ [last accessed 15 September 2013].

473 Stephanie Seguino (Professor of Economics University of Vermont, USA), ‘Financing for Gender Equality: Reframing and Prioritizing Public Expenditures to Promote Gender Equality,’ UN-Women Policy Brief, January 2013. See also: Sakiko Fukuda-Parr , James Heintz & Stephanie Seguino, ‘Critical Perspectives on Financial and Economic Crises: Heterodox Macroeconomics Meets Feminist Economics,’ Feminist Economics, Volume 19, Number 3, 2013, pp. 4-31.

474 Statement by Elizabeth A. Eilor, ‘Emerging issue: The gender perspectives of the Financial Crisis,’ Interactive Expert Panel, Commission on the Status of Women, Fifty-third session, New York, 2-13 March 2009.

475 Debbie Budlender, ‘Budgeting to Fulfill International Gender Commitments,’ UNIFEM, 2004.

476 Debbie Budlender and Guy Hewitt, ‘Gender Budgets Make More Cents: Country Studies and Good Practice,’ the Commonwealth Secretariat, August 2002. See also: Debbie Budlender, ‘Budgeting to Fulfill International Gender Commitments,’ UNIFEM, 2004.

477 European Parliament’s Committee on Women's Rights and Gender Equality, ‘The multi-annual financial framework 2014-2020 from a gender equality perspective,’ 2012

478 Deepti Bhatnagar and Ankita Dewan at the Indian Institute of Management (Ahmedabad) and Magüi Moreno Torres and Parameeta Kanungo at the World Bank, ‘Women’s Budget Initiative: South Africa,’ Washington D.C., date unspecified.

479 Statement by Shamika Sirimanne (United Nations Economic and Social Commission for Asia and the Pacific), ‘Emerging issue: The gender perspectives of the Financial Crisis,’ Interactive Expert Panel, Commission on the Status of Women, Fifty-third session, New York, 2-13 March 2009.

480 The Economic Commission for Latin America and the Caribbean (ECLAC) Subregional Headquarters for the Caribbean, ‘The Impact of the Financial Crisis on Women in the Caribbean,’ UN Doc No. LC/CAR/L.243, 18 December 2009. See also: 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.

481 The World Bank, ‘The World Bank Gender and Development Policy Framework – A Guidance Note,’ available at: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTGENDER/0,,contentMDK:22550450~pagePK:210058~piPK:210062~theSitePK:336868,00.html [last accessed 15 September 2013]. See also: Nasreen Khundker, ‘A Gentle Touch? Gender and the World Bank: A Critical

Assessment,’ paper for Heinrich Böll Foundation event on the WB gender mainstreaming seminar, 13 January 2004.

482 Ibid.

483 African Development Bank, ‘Gender Equality and Women’s Empowerment: an Updated Gender Plan of Action (UGPOA) 2009 – 2011.’

484 Asian Development Bank, ‘Policy on Gender and Development,’ June 2003.

485 Inter-American Development Bank, ‘Operational Policy on Gender Equality in Development,’ 2010. See also: Center for International Environmental Law (CIEL) and Gender Action, ‘Gender Justice: A Citizen’s Guide to Gender Accountability at International Financial Institutions,’ Heinrich Böll Foundation, 2007.

486 Ibid.

487 Ibid.

488 Gender Action, ‘Gender, IFIs & Accountability Mechanisms,’ 2010.

489 For example, on 10 December 2013 over 300 human rights organizations co-signed the ‘Human Rights for All Post-2015 Statement, available at: http://globalinitiative-escr.org/over-300-groups-call-for-human-rights-in-core-of-post-2015-development-plan/ [last accessed 18 December 2013].

490 For example, ActionAid International, ‘Righting the MDGs: Contexts and Opportunities for a Post-2015 Development Framework,’ October 2012.

491 For example, Association for Women’s Rights in Development (AWID), ‘Getting At The Roots: Reintegrating Human Rights & Gender Equality In Post-2015 Development Agenda,’ paper submitted by AWID to the UNICEF/UN Women Global Thematic Consultation on the post-2015 agenda ‘Addressing Inequalities,’ October 2012.

492 For example, WWF, ‘Post-2015 Global Goals,’ available at: http://wwf.panda.org/what_we_do/how_we_work/people_and_conservation/our_work/global_goals/index.cfm [last accessed 5 August 2013]. See also: WWF contribution to the UN online consultation on Environmental Sustainability and the post-2015 development agenda, ‘Environmental sustainability and human rights,’ publication date unspecified.

493 Emphasis added. ‘Human Rights for All Post-2015,’ available at: http://globalinitiative-escr.org/wp-content/uploads/2013/05/HRsForAllByAllStatement-v2.3.pdf [last accessed 21 August 2013].

494 Ellen Dorsey, Mayra Gómez, Bret Thiele, and Paul Nelson, ‘Falling Short of Our Goals: Transforming the Millennium Development Goals into Millennium Development Rights,’ Netherlands Quarterly of Human Rights, Vol. 28, No. 4, December 2010, pp. 516-522.

495 ‘Statement by 17 Special Procedures mandate-holders of the Human Rights Council on the Post-2015 development agenda,’ 21 May 2013.

496 Ibid.

497 Ibid.

498 Open letter by Navi Pillay, United Nations High Commissioner for Human Rights on ‘Human Rights in the Post-2015 Agenda,’ addressed to permanent representatives of UN Member States in New York and Geneva, 6 June 2013.

499 Council of the European Union General Affairs Council meeting on the Overarching Post 2015 Agenda - Council Conclusions, 25 June 2013.

500 On 25 and 26 June 2013, the Vienna+20 CSO Conference of more than 140 persons

from various Civil Society Organizations (CSOs) around the world gathered at Vienna on the occasion of the 20th anniversary of the 1993 World Conference on Human Rights and its Vienna Declaration and

Programme of Action issued on 25 June 1993. The Vienna+20 CSO Declaration, adopted in Vienna on June 26, 2013, available at: http://viennaplus20.files.wordpress.com/2013/07/vienna-20-cso-declaration-final-post2.pdf [last accessed 14 September 2013].

501 Ibid.

502 Ibid.

503 Mark Tran, ‘Human rights could be faultline in post-2015 development agenda: UK development secretary says too much emphasis on human rights in future development goals might block progress,’ The Guardian, 21 November 2012.

504 Ibid.

505 See: Center for Women's Global Leadership, ‘Feminist Reflections: UNs High Level Panel Report on Post-2015 Development Agenda,’ 2013. See also: Diane Elson and Radhika Balakrishnan, ‘The Post-2015 Development Framework and the Realization of Women’s Rights and Social Justice,’ 2012.

506 UN-Women, ‘A Transformative Stand-Alone Goal on Achieving Gender Equality, Women’s Rights and Women’s Empowerment: Imperatives and Key Components,’ paper prepared in the context of the post-2015 sustainable development framework and the sustainable development goals, June 2013.

507 Ibid.

508 They should also raise awareness about women’s economic and social rights amongst key audiences, including law and policy makers; judges, lawyers and legal advocates; law enforcement authorities and administrative personnel; gender ministries; traditional, religious and customary leaders; and those engaged in development activities.

509 Subtitled ‘Equality Means Business,’ the Principles emphasize the business case for corporate action to promote gender equality and women’s empowerment and are informed by real-life business practices and input gathered from across the globe. The Women’s Empowerment Principles seek to point the way to best practice by elaborating the gender dimension of corporate responsibility, the UN Global Compact, and business’ role in sustainable development. As well as being a useful guide for business, the Principles seek to inform other stakeholders, including governments, in their engagement with business. See: http://www.weprinciples.org

510 Please note that this is not meant to be a comprehensive listing. For more information and further detail, please consult the citations provided for each of the General Recommendations.

511 Committee on the Elimination of Discrimination against Women, General Recommendation 3, Education and public information campaigns (Sixth session, 1987), U.N. Doc. A/42/38 at 78 (1987).

512 Committee on the Elimination of Discrimination against Women, General Recommendation 5, Temporary special measures (Seventh session, 1988), U.N. Doc. A/43/38 at 109 (1988).

513 Committee on the Elimination of Discrimination against Women, General Recommendation 6, Effective national machinery and publicity (Seventh session, 1988), U.N. Doc. A/43/38 at 110 (1988).

514 Committee on the Elimination of Discrimination against Women, General Recommendation 9, Statistical data concerning the situation of women (Eighth session, 1989) , U.N. Doc. A/44/38 at 73 (1990).

515 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).

516 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).

517 Committee on the Elimination of Discrimination against Women, General Recommendation 15, Avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS), (Ninth session, 1990), U.N. Doc. A/45/38 at 81 (1990).

518 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).

519 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).

520 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).

521 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).

522 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).

523 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).

524 Committee on the Elimination of Discrimination against Women, General Recommendation 25, Temporary special measures (Thirtieth session, 2004), 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).

525 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).

526 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).

527 Committee on the Elimination of Discrimination against Women, General Recommendation 28, The Core Obligations of States Parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (Forty-seventh session, 2010), U.N. Doc. CEDAW/C/GC/28 (2010).

528 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).

529 Please note that this is not meant to be a comprehensive listing. For more information and further detail, please consult the citations provided for each of the General Comments.

530 Committee on Economic, Social and Cultural Rights, General Comment 4, The right to adequate housing (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991).

531 Committee on Economic, Social and Cultural Rights, General Comment No. 5, Persons with disabilities (Eleventh session, 1994), U.N. Doc E/1995/22 at 19 (1995).

532 Committee on Economic, Social and Cultural Rights, General comment No. 6, The economic, social and cultural rights of older persons (Thirteenth session, 1995), U.N. Doc. E/1996/22 at 20 (1996).

533 Committee on Economic, Social and Cultural Rights, General Comment 7, Forced evictions, and the right to adequate housing (Sixteenth session, 1997), U.N. Doc. E/1998/22, annex IV at 113 (1997).

534 Committee on Economic, Social and Cultural Rights, General Comment 12, Right to adequate food (Twentieth session, 1999), U.N. Doc. E/C.12/1999/5 (1999).

535 Committee on Economic, Social and Cultural Rights, General Comment 13, The right to education (Twenty-first session, 1999), U.N. Doc. E/C.12/1999/10 (1999).

536 Committee on Economic, Social and Cultural Rights, General Comment 14, The right to the highest attainable standard of health (Twenty-second session, 2000), U.N. Doc. E/C.12/2000/4 (2000).

537 Committee on Economic, Social and Cultural Rights, General Comment 15, The right to water (Twenty-ninth session, 2003), U.N. Doc. E/C.12/2002/11 (2002).

538 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).

539 Committee on Economic, Social and Cultural Rights, General Comment 18, Article 6: the equal right of men and women to the enjoyment of all economic, social and cultural rights (Thirty-fifth session, 2006), U.N. Doc. E/C.12/GC/18 (2006).

540 Committee on Economic, Social and Cultural Rights, General Comment 19, The right to social security (art. 9) (Thirty-ninth session, 2007), U.N. Doc. E/C.12/GC/19 (2008).

541 Committee on Economic, Social and Cultural Rights, General Comment No. 20, Non-Discrimination in Economic, Social and Cultural Rights (art. 2, para. 2) U.N. Doc. E/C.12/GC/20 (2009).