elimination of discrimination is fundamental to the enjoyment of the right to education on a
basis of equality.281
The travaux préparatoires state that article 3 was included in the
Covenant to indicate that, beyond a prohibition of discrimination, the same rights should be
expressly recognised for men and women on equal footing and suitable measures should be
taken to ensure that women have the opportunity to exercise their rights.282
Disadvantages experienced by women
Women and girls are often denied equal enjoyment of their human rights, in particular by
virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or
covert discrimination. Many women experience distinct forms of discrimination due to the
intersection of sex with such factors as race, colour, language, religion, political and other
opinion, national or social origin, property, birth, or other status, such as age, ethnicity,
disability, marital, refugee or migrant status, resulting in compounded disadvantage.283
The Special Rapporteur has pointed out the following problems and stereotypes that keep
girls in a position of subordination in education:284
•
Teachers have low expectations of girls’ intellectual skills;
•
Teachers give girls less feedback;
•
Teachers frequently report that they enjoy teaching boys more than girls;
•
Girls have fewer expectations of themselves in and out of school, as they think
that their future consists primarily of being wives and mothers;
•
These low expectations are reinforced by textbooks, curricula and assessment
material in which no female figures appear;
•
Prizes won by girls and girls’ achievements are not as widely reported or
publicised as boys’; and
•
There is a clear tendency to use sexist language.
280
Maastricht Guidelines at para 12 and Limburg Principles at para 45. The CEDAW understanding of
gender equality has also been applied in the practice of other treaty bodies such as the CRC, the Human
Rights Committee and CERD.
281
CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all
economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 3.
282
See CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all
economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 2.
283
CESCR General Comment No. 16: The equal right of men and women to the enjoyment of all
economic, social and cultural rights E/C.12/2005/4 11 August 2005 at para 5.
284
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at paras 103 – 104.
106