Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions Non-discrimination: CEDAW clearly sets out the prohibition of all forms of discrimination against women. In this context, discrimination includes any difference in treatment on the grounds of sex which: • Intentionally or unintentionally disadvantages women • Prevents society as a whole from recognizing women’s rights, in both the domestic and the public spheres • Prevents women from exercising the human rights and fundamental freedoms to which they are entitled.34 This broad definition is important for understanding the indirect nature of much discrimination. For example, a law or policy that appears to be gender neutral could have an adverse effect on women because of past discrimination or other factors. Therefore, it is the impact of such a law or policy that must be assessed in order to determine whether it or not it is discriminatory. 35 EQUALITY AND NON-DISCRIMINATION The enjoyment of human rights on the basis of equality between men and women must be understood comprehensively. Guarantees of nondiscrimination 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.35 … the overall object and purpose of the Convention [CEDAW] … is to eliminate all forms of discrimination against women with a view to achieving women’s de jure and de facto equality with men in the enjoyment of their human rights and fundamental freedoms. States parties to the Convention are under a legal obligation to respect, protect, promote and fulfil this right to non-discrimination for women and to ensure the development and advancement of women in order to improve their position to one of de jure as well as de facto equality with men. The Convention goes beyond the concept of discrimination used in many national and international legal standards and norms. While such standards and norms prohibit discrimination on the grounds of sex and protect both men and women from treatment based on arbitrary, unfair and/or unjustifiable distinctions, the Convention focuses on discrimination against women, emphasizing that women have suffered, and continue to suffer from various forms of discrimination because they are women. … three obligations are central to States parties’ efforts to eliminate discrimination against women. These obligations should be implemented in an integrated fashion and extend beyond a purely formal legal obligation of equal treatment of women with men. 12 34 Article 1 of the Convention states that “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 35 Committee on Economic, Social and Cultural Rights, General Comment No. 16 on the equal right of men and women to the enjoyment of all economic, social and cultural rights, 2005, para. 7.