information on the equal enjoyment by men and women of the rights guaranteed under the Covenant in its list of issues in relation to States parties’ reports and during its dialogue with States parties. 5. Women 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 9. According to article 3, States parties must respect the principle of equality in and before the law. The principle of equality in the law must be respected by the legislature when adopting laws, by ensuring that those laws further equal enjoyment of economic, social and cultural rights by men and women. The principle of equality before the law must be respected by administrative agencies, and courts and tribunals, and implies that those authorities must apply the law women experience distinct forms of discrimination due to the intersection of sex with such factors as equally to men and women. race, B. colour, language, religion, opinion, national or social political and origin, property, other other status, such as age, ethnicity, disability, marital, refugee or migrant status, disadvantage. 1, CONCEPTUAL A. resulting Non-discrimination birth, or in compounded 10. The principle of non-discrimination is the corollary of the principle of equality. Subject to what is stated in paragraph 15 below on temporary special measures, it prohibits differential treatment of a person or group of persons based on his/her or their particular status or situation, such as race, colour, sex, language, religion, political and other opinion, national or social origin, FRAMEWORK property, birth, or other status, such as age, ethnicity, Equality disability, marital, refugee or migrant status. 6. The essence of article 3 of ICESCR is that the rights set forth in the Covenant are to be enjoyed by men and women on a basis of equality, a concept that carries substantive meaning. While expressions of formal equality may be found in constitutional provisions, legislation and policies of Governments, article 3 also mandates the equal enjoyment of the rights in the Covenant for men and women in practice. 7. of The enjoyment of human rights on equality between men and women the basis must be understood comprehensively. Guarantees of nondiscrimination and equality in international human rights treaties mandate both de facto and de jure equality, De jure (or formal) equality and de facto (or substantive) equality are different but interconnected concepts. Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner. Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantage that 11. Discrimination against women is “any distinction, exclusion or restriction Substantive equality for men and women will not be achieved simply through the enactment of laws or the adoption of policies that are, prima facie, gender- In implementing the basis of sex women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil orany other field". Discrimination on the basis of sex may be based on the differential treatment of women because of their biology, such as refusal to hire women because they could become pregnant; or stereotypical assumptions, such as tracking women into low-level jobs on the assumption that they are unwilling to commit as much time to their work as men. 12. Direct discrimination occurs when a difference in treatment relies directly and explicitly on distinctions based exclusively on sex and characteristics of men or of women, which cannot be justified objectively. or programme neutral. on 13. Indirect discrimination occurs when a law, policy particular groups experience. 8. made which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by article 3, States parties Should take into account that such laws, policies and practice can fail to address or even perpetuate inequality between men and women because they does not appear to be discriminatory, but has a discriminatory effect when implemented. This can occur, for example, when women are disadvantaged compared to men with respect to the enjoyment of a particular opportunity or benefit due to pre-existing inequalities. Applying a genderneutral law may leave the existing inequality in place, or exacerbate it. do not take account of existing economic, social and cultural inequalities, particularly those experienced 14. Gender affects the equal right of men and women by women. to the enjoyment of their rights. 44 cure ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK Gender refers to