E
UNITED
NATIONS
Economic and Social
Council
Distr.
GENERAL
E/C.12/2005/4
11 August 2005
Original: ENGLISH
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Thirty-fourth session
Geneva, 25 April-13 May 2005
Agenda item 5
SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
General comment No. 16 (2005)
The equal right of men and women to the enjoyment of all economic, social
and cultural rights (art. 3 of the International Covenant on Economic,
Social and Cultural Rights)
Introduction
1.
The equal right of men and women to the enjoyment of all human rights is one of the
fundamental principles recognized under international law and enshrined in the main
international human rights instruments. The International Covenant on Economic, Social and
Cultural Rights (ICESCR) protects human rights that are fundamental to the dignity of every
person. In particular, article 3 of this Covenant provides for the equal right of men and women
to the enjoyment of the rights it articulates. This provision is founded on Article 1, paragraph 3,
of the United Nations Charter and article 2 of the Universal Declaration of Human Rights.
Except for the reference to ICESCR, it is identical to article 3 of the International Covenant on
Civil and Political Rights (ICCPR), which was drafted at the same time.
2.
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
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