Part I The human rights of women and girls Chapter 2: The international legal framework around women’s and girls’ human rights KEY QUESTIONS • What do the concepts of “equality” and “discrimination” mean in relation to women and their rights? • What are the main sources of obligation with regard to women’s and girls’ human rights? • Can States be held responsible for the actions of private individuals and entities that harm women and girls and violate their rights? 2.1. INTRODUCTION: NON-DISCRIMINATION AND EQUALITY Since the establishment of the United Nations, a body of international law has evolved that sets out the human rights that belong to all people: men, women and children. As noted by the Committee on the Elimination of Discrimination against Women (CEDAW Committee): The Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities contain explicit provisions guaranteeing women equality with men in the enjoyment of the rights they enshrine, while other international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are implicitly grounded in the concept of non-discrimination on the basis of sex and gender.33 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is the central and most important specialized instrument on the rights of women. It is sometimes described as an international bill of rights for women. It is supplemented by a number of other specialized instruments, such as International Labour Organization (ILO) conventions on discrimination in employment, equal remuneration and equal opportunities; by non-treaty standards of varying legal strength, such as the outcome documents of major world conferences; and by several regional treaties that seek to promote and protect the rights of women. Two basic concepts underlie the legal framework around women’s human rights: Equality: The concept of equality means much more than treating all persons in the same way. For example, providing women with equal opportunities could lead to an equal outcome in some situations but it may also not have that result. This is because the equal treatment of persons in unequal situations will generally operate to perpetuate, rather than eradicate, injustice. Genuine (or “substantive”) equality usually only results from efforts that seek to address these situational disadvantages. It is this broader view of equality which has become the underlying principle and the ultimate goal in the struggle for the recognition and acceptance of the human rights of women and girls. 33 General Recommendation No. 28 on the core obligations of States parties under article 2 of the Convention, 2010, para. 3. Chapter 2: The international legal framework around women’s and girls’ human rights | 11