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. 52

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