of men and women to the enjoyment of all their Among other economic, social and cultural rights. things, States parties must, integrate into national plans of action for human rights appropriate strategies to ensure the equal right of men and women to the B. Remedies and accountability enjoyment of economic, social and cultural rights. administrative 38. National policies and establishment strategies and institutions where they do not exist, including authorities, human tribunals. effective provide the national of should for rights mechanisms ombudsmen and institutions, These institutions should other courts and investigate and 33. These strategies should be based on the systematic identification of policies, programmes and activities relevant to the situation and context within the State, as derived from the normative address alleged violations relating to article 3 and provide remedies for such violations, States parties, content of article 3 of the Covenant and spelled out effectively implemented. in relation to the levels and nature of States parties’ obligations referred to in paragraphs 16 to 21 above. The strategies should give particular attention to the elimination of discrimination in the enjoyment of economic, social and cultural rights. for their part, should ensure that such Cc. remedies are Indicators and benchmarks 39. National policies and strategies should appropriate indicators and benchmarks on the right to equal enjoyment by men and women 34. States parties should periodically review existing legislation, policies, strategies and programmes in relation to economic, social and cultural rights, and adopt any necessary changes to ensure that they are consonant with their obligations under article 3 of the Covenant. 35. The adoption of temporary special measures may be necessary to accelerate the equal enjoyment by women of all economic, social and cultural rights and to improve the de facto position of women, Temporary special measures should be distinguished from permanent policies and strategies undertaken to achieve equality of men and women. social and cultural rights in order 40.States parties must fulfil their immediate and primary obligation to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights. equality between men and women in the enjoyment of the specific rights enumerated of the rights under the Covenant. Such measures are not to be considered discriminatory in themselves Failure to ensure formal and in the State’s obligation to monitored with a view to being discontinued when the objectives for which been achieved. they are undertaken principle of equality between men and is fundamental to the enjoyment of each in the Covenant. substantive equality in the enjoyment of any of these rights constitutes a violation of that right. Elimination of de jure as well as de facto discrimination is required for the equal enjoyment of economic, social and cultural rights. Failure to adopt, implement and monitor effects of laws, policies and programmes to eliminate de jure and de facto discrimination with respect to each of the rights enumerated in articles 6 to 15 of the Covenant constitutes a violation of those rights. have 42. Violations of the rights contained in the Covenant can 37. The right of individuals and groups of individuals to participate in decision-making processes that may affect their development must be an integral component of any policy, programme or activity developed to discharge governmental obligations under article 3 of the Covenant. 48 — cuRP ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK effectively IV. VIOLATIONS 41.The women eliminate disadvantage caused by past and current discriminatory laws, traditions and practices. The nature, duration and application of such measures should be designed with reference to the specific issue and context, and should be adjusted as circumstances require. The results of such measures should be of economic, to monitor the implementation by the State party of its obligations under the Covenant in this regard. Disaggregated statistics, provided within specific time frames, are necessary to measure the progressive realization of economic, social and cultural rights by men and women, where appropriate. 36, States parties are encouraged to adopt temporary special measures to accelerate the achievement of as they are grounded identify occur through the direct action of, failure to act or omission by States parties, or through their institutions or agencies at the national and local levels. The adoption and undertaking of any retrogressive measures that affect the equal right of men and women to the enjoyment of the all the rights set forth in the Covenant constitutes a violation of article 3.