employees of any specific gender, it constitutes indirect adverse
treatment (or “indirect discrimination”) and should be recognized
as gender-based adverse treatment.
Adverse differential treatment is thus not limited to outright
adverse situations such as a gender-based refusal to hire,
dismissals, demotions, pay reductions, job transfers, low
performance evaluation scores, and lack of promotion; it includes
consequences stemming from reinforced gender stereotypes as
well as relatively adverse situations. Conversely, if the differential
treatment is aimed at promoting equality or protecting maternity,
it is not considered discriminatory.
Paragraph 20 of General Comment No. 20 of the GCESCR
states the following: “The Covenant guarantees the equal right of
men and women to the enjoyment of economic, social and cultural
rights. Since the adoption of the Covenant, the notion of the
prohibited ground 'sex' has evolved considerably to cover not only
physiological characteristics but also the social construction of
gender stereotypes, prejudices and expected roles, which have
created obstacles to the equal fulfilment of economic, social and
cultural rights.”
Gender stereotypes are generalized views or preconceptions
about the characteristics or roles that women or men should
possess or play. When gender stereotypes restrict women and men
from developing their individual abilities, pursuing their careers,
or making their own life choices, they become harmful and
discriminatory.
In 2022, the CEDAW Committee decided to draft General
Recommendation No. 41, which discusses the effects of gender
stereotypes on women. In 2024, the committee released a concept
note that explained the issues addressed during the drafting
process.
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