Formal and substantive equality Article 3 of the ICESCR mandates both formal and substantive equality between men and women.285 In order to ensure formal equality, constitutional provisions, legislation and governmental policies must treat men and women in a neutral manner. Substantive equality requires the equal enjoyment of the right to education for men and women in practice and is concerned with ensuring that laws, policies and practices alleviate the inherent disadvantage that women experiencing in education.286 Thus, the application of the principle of equality will sometimes require State parties to take special measures in favour of women in education in order to attenuate or suppress conditions that perpetuate discrimination.287 Obligations imposed on States Tripartite framework of State obligation288 The equal right of men and women to the enjoyment of the right to education, like all human rights, imposes three levels of obligations on State: the obligations to respect, to protect and to fulfil.289 The obligation to respect requires States parties to refrain from discriminatory actions that directly or indirectly result in the denial of the equal right of men and women to their enjoyment of the right to education. The obligation to protect requires States to take steps to eliminate prejudices, customs and all other practices that perpetuate the inferiority or superiority of either of the sexes and stereotyped roles for men and women. The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Access and admission criteria Implementing article 3 in relation to the right to education requires States to take various steps to ensure gender parity and equality in education. First, States must ensure, over all levels of education, the same conditions for career and vocational guidance, for access to studies and 285 See term of reference (vi) for a discussion on these terms. CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights E/C.12/2005/4 11 August 2005 at paras 7 – 9. 287 General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 15 and CEDAW Committee General Recommendation No. 5: Temporary Special Measures (seventh session, 1998). See also term of reference (vi) for a discussion of affirmative action. 288 This section is based on CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights E/C.12/2005/4 11 August 2005 at paras 16 - 21. 286 107