UNITED NATIONS E Economic and Social Distr. Council GENERAL E/C.12/2005/4 11 August 2005 Original: ENGLISH General comment No. 16 (2005) : . 11/08/2005. E/C.12/2005/4. (General Comments) 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 rights between menand women. Thatfundamental principle, which was enshrined in the Charter of the United Nations, must be constantly emphasized, especially as there were still many prejudices preventing its full application”. Unlike article 26 of ICCPR, articles 3 Convention Abbreviation: CESCR 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 right 3 I and 2, paragraph 2, of ICESCR are not stand-alone provisions, but should be read in conjunction with each specific right guaranteed Covenant. on Economic, Social and Cultural Rights) under part Ill of the e 3. Article 2, paragraph 2, of ICESCR provides for Introduction a guarantee of non-discrimination on the basis of sex among other grounds. This provision, and the 1. guarantee of equal enjoyment of rights by men and women in article 3, are integrally related and mutually reinforcing. Moreover, the elimination of discrimination is fundamental to the enjoyment of economic, social and cultural rights on a basis of The equatrightof men and womentothe 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. equality. 4. The Committee on Economic, Social and Cultural Rights (CESCR) has taken particular note of factors negatively affecting the equal right of men and women to the enjoyment of economic, social and cultural rights in many of its general comments, including those on the right to adequate housing, the right to adequate food, the right to education, the right to the highest attainable standard of health, right to water, and the The Committee also routinely requests GENERAL COMMENTS AND STATEMENTS 43