Part I Defining the issues to be monitored CONDUCT RESULT Action reasonably calculated to realise the enjoyment of a right. Requires States to achieve specific targets to satisfy a detailed substantive standard. For example: Adopting and implementing a plan of action to reduce maternal mortality. For example: Reducing maternal mortality to agreed levels. Distinguishing between obligations of conduct and obligations of result is especially important in relation to the fulfilment of ESCR. This is because of the principle of “progressive realization”. In general, obligations of results can be achieved progressively but obligations of conduct are immediate. States must move “as expeditiously and effectively as possible” towards the realization of ESCR.5 However, some obligations of result are expected to be achieved immediately. These include the Covenant’s “minimum core obligations” and the obligation to prevent discrimination. 2.4.3. Non-discrimination Differential treatment based on a “prohibited ground” is discrimination unless the justification for it is reasonable and objective. Article 2(2) of the Covenant lists the prohibited grounds, which include race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The inclusion of “other status” means that this list is not exhaustive, recognizing that discrimination varies according to context and evolves over time. So for example, although sexual orientation, gender identity or sex characteristics are not explicitly listed, it is still prohibited to discriminate on this basis. Article 3 explicitly obliges States to ensure equality between men and women in the enjoyment of ESCR. States have an obligation to eliminate de jure discrimination (discrimination in law) by abolishing “without delay” any discriminatory laws, regulations and practices (including acts of omission, as well as acts of commission) affecting the enjoyment of ESCR. De facto discrimination (discrimination in practice), which occurs as a result of the unequal enjoyment of ESCR, should be brought to an end “as speedily as possible”.6 For example, article 7(a) of the Covenant relates to just and favourable conditions of work. Read in conjunction with article 3, the State has an obligation to identify and eliminate the underlying causes of the pay gap between men and women, including by ”promoting adequate policies for childcare and care of dependent family members” so as “to reduce the constraints faced by women in reconciling professional and family responsibilities”.7 5 Committee on Economic, Social and Cultural Rights (1990), General Comment No. 3: the nature of States parties’ obligations, U.N. Doc. E/1991/23, at para.9. 6 The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, adopted in Maastricht, 6 June 1986, U.N. Doc. E/CN.4/1987/17, at para.38. 7 Committee on Economic, Social and Cultural Rights (2005), General Comment No. 16: the equal right of men and women to the enjoyment of all economic, social and cultural rights, E/C.12/2005/3, at para.24. Chapter 2: Economic, social and cultural rights standards | 23