98-03445 (E)
020398
* E/CN.4/1998/1 and Add.1.
** E/CN.6/1998/1.
United Nations
E/CN.4/1998/22 E/CN.6/1998/11
Distr.: General
12 February 1998
Economic and Social Council
Original: English
Commission on Human Rights
Fifty-fourth session
Forty-second session
Geneva, 16 March-24 April 1998
2-13 March 1998
Item 5 of the provisional agenda
Item 3 (a) of the provisional agenda
*
Question of the realization in all countries of
Follow-up to the Fourth World Conference on
the economic, social and cultural rights
Women: review of mainstreaming in
contained in the Universal Declaration of
organizations of the United Nations system
Human Rights and in the International
Covenant on Economic, Social and Cultural
Rights, and study of special problems which
the developing countries face in their efforts
to achieve these human rights
Commission on the Status of Women
**
Womens real enjoyment of their human rights, in particular
those relating to the elimination of poverty, economic
development and economic resources
Report of the Secretary-General
Contents
Paragraphs
Page
I.
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
3
II.
Ensuring womens real enjoyment of their human rights . . . . . . . . . . . . . . . . . . . . . . .
623
3
A.
The context for womens enjoyment of human rights: consequences of the
denial of rights to women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1118
4
B.
Factors and obstacles affecting womens real enjoyment of their human rights
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1923
5
E/CN.4/1998/22
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2
III.
Progress achieved in ensuring womens real enjoyment of their human rights . . . . .
2459
6
A.
International human rights instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2529
6
B.
Vienna Declaration and Programme of Action . . . . . . . . . . . . . . . . . . . . . . . . . .
3031
7
C.
Beijing Declaration and Platform for Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3245
7
1.
Gender equality in the Platform for Action . . . . . . . . . . . . . . . . . . . . . . . . .
3233
7
2.
The human rights of women as a critical area of concern and as an
integral component of the Platform for Action as a whole . . . . . . . . . . . .
3439
7
3.
Actors responsible for implementing actions in the Platform for Action
concerning womens enjoyment of their economic and social rights . . .
4045
8
D.
Commission on Human Rights and related bodies . . . . . . . . . . . . . . . . . . . . . . . .
4651
9
E.
Commission on the Status of Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5254
10
F.
Economic and Social Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5556
10
G.
Recent global United Nations conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57
10
H.
Office of the United Nations High Commissioner for Human Rights . . . . . . .
58
11
I.
Division for the Advancement of Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
11
IV.
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
11
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3
I. Introduction
1.
At its substantive session of 1996, the Economic and
Social Council adopted agreed conclusions 1996/1 on poverty
eradication. In the agreed conclusions, the Council, inter1
alia, stressed the need for gender analysis and for the
mainstreaming of a gender perspective in United Nations
activities for poverty eradication (paras. 13 and 27-33). The
Council also invited the Commission on Human Rights, in the
context of its work on poverty, to focus on the relationship
between all human rights, including the right to development,
and poverty, notably extreme poverty. The Council suggested
that the Commission on Human Rights consider providing an
input to the Commission on the Status of Women on ensuring
womens equal enjoyment of their human rights, in particular
those related to economic resources (para. 45).
2.
The Commission on the Status of Women, at its forty-
first session, in 1997, followed up the Councils agreed
conclusions on poverty eradication. It noted that, in 1998, the
Commission on Human Rights could consider providing, in
accordance with paragraph 45 of the Councils agreed
conclusions 1996/1, an input to the Commission on the Status
of Women on ensuring womens real enjoyment of their
human rights, in particular those relating to the alleviation of
womens poverty, economic development and economic
resources. With a view to facilitating interaction between the
two Commissions, the Secretariat was invited to submit a
report on that subject to both the Commission on the Status
of Women and the Commission on Human Rights. The report
was to be prepared in cooperation with the Centre for Human
Rights and the Division for the Advancement of Women of
the United Nations Secretariat.2
3.
In resolution 1997/11, the Commission on Human
Rights requested the United Nations High Commissioner for
Human Rights to submit to the Commission on Human Rights
at its fifty-fourth session, in accordance with Economic and
Social Council agreed conclusions 1996/1, a report, to be
prepared by the Centre for Human Rights and the Division
for the Advancement of Women, on the obstacles encountered
and progress achieved in the field of womens rights relating
to economic resources, the elimination of poverty and
economic development, in particular for women living in
extreme poverty.3
4.
Based on the mandates provided by the Economic and
Social Council, the Commission on the Status of Women and
the Commission on Human Rights, the present report first
examines the impact of womens unequal enjoyment of rights
on their socio-economic status. To that end, it assesses how
the denial of rights, particularly those relating to economic
development and economic resources, creates obstacles to
womens equality and thus their enjoyment of human rights.
Particular attention is paid to gender factors that perpetuate
womens unequal access and treatment with regard to
economic and social rights and opportunities. The report then
assesses the progress made in intergovernmental and expert
bodies in addressing womens enjoyment of their human
rights, particularly those related to economic development,
economic resources and the elimination of poverty.
5.
As part of the preparations for the forty-second session
of the Commission on the Status of Women, the Division for
the Advancement of Women of the United Nations Secretariat
convened, jointly with the Institute for Human Rights at the
Åbo Akademi University (Finland), an expert group meeting
on promoting womens enjoyment of their economic and
social rights (1-4 December 1997). For that meeting, a4
background paper was prepared by the Division for the
Advancement of Women, which incorporated a contribution
from the Office of the United Nations High Commissioner for
Human Rights. The present report, submitted in accordance
with the mandates provided by the Commission on the Status
of Women and the Commission on Human Rights, draws on
this background paper.
II. Ensuring womens real enjoyment of
their human rights
6.
Over the past several years, a consensus has emerged
that poverty, especially situations of extreme poverty, inhibit
the full and effective enjoyment of human rights.
Commitments have been made at global United Nations
conferences to put in place policies, strategies and concrete
action aimed at the eradication of poverty. The Fourth World5
Conference on Women noted that womens poverty was
directly related to the absence of economic opportunities and
autonomy, lack of access to economic resources, including
credit, land ownership and inheritance, lack of access to
education and support services and womens minimal
participation in the decision-making process. The Platform6
for Action emphasized that releasing womens productive
potential was pivotal to breaking the cycle of poverty so that
women could share fully in the benefits of development and
in the products of their own labour.7
7.
The Special Rapporteur on human rights and extreme
poverty
of
the
Subcommission
on
Prevention
of
Discrimination and Protection of Minorities, in his final
report, reiterated the Platform for Actions finding that while8
poverty affected households as a whole, because of the gender
division of labour and responsibilities, women bore a
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4
disproportionate burden and had to manage household
consumption and production under conditions of increasing
scarcity. The situation was most difficult for women in rural
areas.9
8.
The Special Rapporteur elaborated criteria for a
juridical definition of extreme poverty. He noted, inter alia,
that extreme poverty involved the denial, not of a single right
or a given category of rights, but of human rights as a whole.
According to the Special Rapporteur, the issue at stake was
not the recognition of human rights, but the real and
effective exercise of all human rights and fundamental
freedoms by the extremely poor. The indivisibility and
interdependence of human rights showed that denial or
deprivation of one right could have repercussions on the
exercise of other rights. Thus, a holistic approach to the
realization of human rights was necessary.10
9.
In the light of womens socio-economic disadvantages
reflected in many indicators (see paras. 11-18 below), the
relationship between womens unequal access to economic
resources and their persistent poverty is receiving growing
attention.
Increasingly, the advantages of a rights-based
11
approach to addressing such poverty are being explored.
First, human rights require that States accord priority
consideration to their fulfilment.
Rights are not simply a
12
matter of policy choices for Governments, but impose legal
obligations to respect and ensure the rights in question. The
Committee on Economic, Social and Cultural Rights has
noted that the raison dêtre of the Covenant is to establish
clear obligations for States parties in respect of the full
realization of the rights contained in the Covenant.13
Moreover, the full recognition of rights requires the creation
of effective channels of redress to hold the State accountable
for violations of rights.14
10.
Notwithstanding efforts at the non-discriminatory
application of human rights to all without distinction, it has
been increasingly recognized that the vision of human rights
and the mechanisms that exist to concretize this vision,
although supposedly available to women and men on an equal
basis, have profited women less than men. As a result,
significant efforts have been applied to redefine the meaning
of human rights to encompass the specific experiences of
women at all stages of their lives.
A. The context for womens enjoyment of
rights: consequences of the denial of rights
to women
11.
Access to economic resources is essential for peoples
well-being. Denial of equal rights to women in the access to
such resources is reflected in their overall unequal economic
and social situation. Ensuring womens full enjoyment of their
human rights is a crucial strategy for womens empowerment
and for overcoming the disadvantages women continue to face
in economic, political and social terms.
12.
Statistical profiles provide an entry point for
documenting differences and for identifying factors and
aspects that cause unequal outcomes for women in the
enjoyment of rights, including those relating to economic
resources. The existence of unequal outcomes suggests that15
womens as well as mens experiences require explicit
attention in terms of the protection and promotion of human
rights. While great progress has been made in recent years in
collecting data disaggregated by sex,
such data are not yet
16
consistently used as a basis for legal and policy measures in
promoting enjoyment of rights.17
13.
Countries achievements in human development that
is, whether people lead long and healthy lives, are educated
and knowledgeable and enjoy a decent standard of living
change noticeably when inequality in achievement between
women and men is taken into account.
The majority of the
18
worlds 1.3 billion people living in poverty are women, a
situation that results from a number of factors. Their unequal
situation in the formal and informal labour market, including
access to land, property, credit and other economic resources,
is one aspect. Another aspect is their treatment under social
welfare systems and their status and power in the family.
An
19
important conclusion in the Human Development Report,
1997 is that gender inequality is strongly associated with
human poverty, but it is not always associated with income
poverty.
In other words, even when a country is very poor
20
in terms of income poverty, it can still achieve a relative level
of gender equality in basic indicators for human development.
Progress in gender equality can be achieved at different
income levels and stages of development. And it can be found
across a range of cultures and political ideologies.21
14.
Access to, and control of, productive resources,
particularly land, are key to addressing womens poverty,
which in rural areas has particular consequences for women.22
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5
Although womens right to own land is often legally
countries, there were no women ministers at all at the end of
established, gender asymmetry in access to and control over
1996.
land is one of the main obstacles to the full participation of
women in rural development.
Because of continuing
23
exclusion of women from, and discrimination against women
in, acquiring land, security of tenure and inheritance rights
to land and property, women also face particular constraints
in securing and maintaining their right to housing. In fact, the
continued discrimination faced by women in all matters
relating to land and property has been called the single most
critical factor in the perpetuation of gender inequality and
poverty.24
15.
Education is also a prerequisite for effective economic
women were prevented from fully participating in
and
participation.
Education and training for women and girls
contributing to the development of society.
25
yields high social and economic returns, and is a precondition
for the empowerment of women. While the enrolment ratios26
for boys and girls at the primary level is approaching equality
everywhere, differences persist at the regional level and for
different age groups and levels of schooling, especially at
higher levels. Two thirds of the worlds illiterate adults are
women, with illiteracy highest among older women who never
had the opportunity to go to school.
16.
Womens participation in various aspects of economic
and community life has increased, but remains lower than that
of men. The female economic activity rate is now nearly 70
per cent of the male rate in developing countries, ranging
from 86 per cent in East Asia to 50 per cent in Latin America
and the Caribbean. A large part of womens work is in low-27
paid or unpaid occupations. In agriculture, family enterprises
and the informal sector, women have little possibility for
savings, credit or investment, and limited security. While of
tremendous importance for the well-being of families,
communities and countries, womens work is poorly
measured in official statistics. Women work in different jobs
and occupations than men, almost always with lower status
and pay.
In industrial countries unemployment is higher
28
among women than men, and women constitute three fourths
of the unpaid family workers.
Poor women in many parts of
29
the world remain unable to exercise their right to loans and
credit, although this right is established under the Convention
on the Elimination of All Forms of Discrimination against
Women
and is considered to be a powerful tool in
30
overcoming poverty and economic dependence.31
17.
Womens participation in decision-making at all levels
and in all areas in the political, economic and social realms
is a prerequisite for justifying claims of the legitimacy of
governance. It is also a strategic need in achieving womens
equality and empowerment. Yet the level of womens
participation in decision-making remains well below a critical
mass in many legislative and executive bodies. In fact, in 48
32
18.
The Special Rapporteur on violence against women has
examined the link between denial of womens rights in the
economic realm and violence against women. She noted that
denying women economic power and economic independence
was a major cause of violence against women because it
prolonged their vulnerability and dependence. She also noted
that unless economic relations in a society were more
equitable towards women, the problem of violence against
women would continue.
The consequences of such denial
33
of womens rights in the economic realm included the fact that
34
B. Factors and obstacles affecting womens
real enjoyment of their human rights
19.
Gender-based considerations need to inform the
analysis of the content and nature of human rights, as well as
of measures to ensure their enjoyment. There are many
processes at the domestic and international levels through
which the content of human rights is clarified and their
implementation occurs. The systematic integration of gender
factors into these processes, into measures for implementation
and into domestic and international monitoring remains to be
achieved.
20.
Women are entitled to the enjoyment of all human
rights, including those relating to economic development and
resources, as part of their equal entitlement to all human
rights. At the same time, womens gender roles have an
impact on their ability to access rights, resources and
opportunities, and treatment on an equal basis. Not only is
equal access to these rights an end in itself, these rights are
essential components of womens empowerment, of social
justice and overall social and economic development.
Womens equal access to resources and opportunities and
equal treatment in economic and social life are cornerstones
for the full realization of these rights. Lack of equal access
represents a denial of rights, which results in the perpetuation
of womens poverty.
21.
In the enjoyment of rights, women face constraints and
vulnerabilities which differ from those that affect men and
which are of significant relevance in the enjoyment of these
rights. At the same time, these variables mean that women
may be affected by violations of rights in ways that are
different from men. Women are disproportionately affected
by poverty and social marginalization. Women suffer systemic
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6
and systematic discrimination, which results in deep patterns35
of inequality and disadvantage. The overall level of
development and of resources available to countries, womens
literacy levels and womens access to information and to legal
remedies also have an impact on womens enjoyment of their
rights. The gender-based division of labour, with women
being primarily responsible for reproductive work and work
related to the family, and men for productive work, also
contributes to the perpetuation of gender-based inequalities.
22.
Many women experience multiple barriers in gaining
access to rights such as employment, housing, land, food and
social security. These barriers include the disproportionate
burden of reproductive and care-giving work performed by
women; the sexual division of labour and segregated
employment practices; discriminatory traditional and cultural
laws and practices; unequal representation by women in
political and other decision-making structures at all levels;
and the widespread violence perpetrated against women.
Womens social position, marital status, class, or membership
in particularly vulnerable groups, such as refugee or migrant
women, rural or urban poor women, are often linked to de
facto, and sometimes also to de jure, discrimination.
23.
When laws, customs, traditional roles, family
responsibilities or attitudes and stereotypes provide people
women with fewer opportunities or place them at a
disadvantage as they seek to access opportunities, remedial
measures are needed to eliminate such disadvantages, and to
prevent them from recurring. When policies are designed in
the context of respect for, and promotion and protection of,
human rights, then unequal outcomes for women in the
economic and social spheres oblige Governments to design
policies and other measures in a way that reduces inequalities.
III. Progress achieved in ensuring
womens real enjoyment of their
human rights
24.
Governments have expressed and reiterated their firm
commitment to the indivisibility and interrelatedness of all
human rights, including in the Vienna Declaration and
Programme of Action, and the Beijing Declaration and
Platform for Action. The following section focuses on
womens enjoyment of economic and social rights as a
strategy to ensure that women do not experience poverty
disproportionately. Denial of these rights not only perpetuates
womens poverty, but also constitutes a major obstacle to
womens empowerment and advancement in general.
A. International human rights instruments
25.
Economic and social rights are contained in the
Universal Declaration of Human Rights and have been further
elaborated in the International Covenant on Economic, Social
and Cultural Rights,
with States parties to the Covenant
36
undertaking to ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights.37
26.
Standards of the International Labour Organization
(ILO) define rights and obligations to improve conditions of
life and work worldwide. Although most of these standards
apply equally to women and men workers, specific standards
for women workers have also been adopted.38
27.
The Convention on the Elimination of All Forms of
Discrimination against Women elaborates the meaning of
discrimination on the basis of sex and addresses womens
equal rights with men in the political, economic and private
spheres.
The Convention encompasses rights in the fields
39
of education (art. 10) and employment, including social
security (art. 11), and in other areas of economic and social
life. It establishes womens right to equality with men before
the law and provides for equal legal capacity in civil matters,
including contracts and property administration (art. 15). It
also establishes the same rights for spouses in respect of
ownership,
acquisition,
management,
administration,
enjoyment and disposition of property (art. 16).
28.
The Committee on Economic, Social and Cultural
Rights has, through its monitoring of the implementation of
the International Covenant on Economic, Social and Cultural
Rights, contributed to the better understanding of these rights
and the obligations resulting therefrom for States parties to
ensure realization of rights. The Committee increasingly
highlights gender issues in its general comments on specific
articles of the Covenant
in an effort to encourage States
40
parties to take active steps to overcome womens inequality
and disadvantage in the enjoyment of rights. It also requests
information about the situation of women in the consideration
of States parties reports, in such areas as remuneration,
womens position in the labour market, the situation of
women migrant workers and womens inheritance rights so
as to highlight situations of continuous unequal enjoyment of
rights by women.
29.
While the Covenant represents the most comprehensive
single global legal instrument on economic, social and
cultural rights, such rights are contained in many other
international, regional or national instruments. They can also
be found in other types of instruments of a global or regional
character and are reflected in consensus policy documents,
in addition to legal instruments stricto sensu.
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7
B. Vienna Declaration and Programme of
Action
30.
The World Conference on Human Rights clearly
acknowledged that womens rights are human rights. The
Conference emphasized the need for Governments and the
United Nations to make the full and equal participation of
women in political, civil, economic, social and cultural life,
at the national, regional and international levels, and the
eradication of all forms of discrimination on grounds of sex
a priority of their policies. It also underlined the importance
of the integration and full participation of women as both
agents and beneficiaries in the development process, and
reiterated the objectives established on global action for
women towards sustainable and equitable development set
forth in the Rio Declaration on Environment and
Development and chapter 24 of Agenda 21, adopted by the
United
Nations
Conference
on
Environment
and
Development.41
31.
The World Conference on Human Rights reaffirmed the
right to development, as established in the Declaration on the
Right to Development, as a universal and inalienable right
and integral part of fundamental human rights.
C. Beijing Declaration and Platform for
Action
1. Gender equality in the Platform for Action
32.
The Beijing Declaration and Platform for Action
provide a framework for translating the provisions and
positive forces of human rights law into concrete actions for
achieving gender equality through the real and effective
exercise by women, including women living in poverty, of
their human rights. In this endeavour, the significance of the
general prohibition of discrimination is paramount. It has two
aspects, both of which are reflected in the broad objectives
of the Platform for Action and the Convention on the
Elimination of All Forms of Discrimination against Women:
one, to ensure that gender does not impair womens ability
to exercise their human rights; and two, to undertake specific
efforts to change and transform structures and processes
that perpetuate womens inequality in all spheres of life.
33.
In its diagnosis of the situation with regard to the human
rights of women, the Platform for Action takes a
comprehensive view of these rights, in accordance with the
Vienna Declaration and Programme of Action. Discrimination
against women and girls in the allocation of economic and
social resources is identified as a direct violation of womens
and girls economic, social and cultural rights. The Platform42
for Action recognizes that gender directly creates a
disadvantage for women and girls in the enjoyment of their
human rights when it states: If the goal of the full realization
of human rights for all is to be achieved, international human
rights instruments must be applied in such a way as to take
more clearly into consideration the systematic and systemic
nature of discrimination against women that gender analysis
has clearly indicated.43
2. The human rights of women as a critical area of
concern and as an integral component of the
Platform for Action as a whole
34.
The human rights of women and women and poverty are
identified as critical areas of concern in the Platform for
Action. In these, as well as in other critical areas of concern,44
the Platform highlights measures to promote womens
enjoyment of their economic and social rights as a means of
overcoming poverty and disadvantage. The human rights of
women are also addressed, directly or indirectly, in several
other critical areas of concern, with womens enjoyment of
their economic and social rights being identified as
instrumental for the achievement of the goal of gender
equality in those areas. This is clearly established in such
strategic objectives as Revise laws and administrative
practices to ensure womens equal rights and access to
economic resources (strategic objective A.2); Ensure equal
access to education (strategic objective B.1); Promote
womens economic rights and independence, including access
to employment, appropriate working conditions and control
over economic resources (strategic objective F.1);
Facilitate womens equal access to resources, employment,
markets and trade (strategic objective F.2); and Eliminate
occupational segregation and all forms of employment
discrimination (strategic objective F.5).44
35.
Many of the actions recommended under these strategic
objectives illustrate the nature and scope of economic and
social rights contained in international legal instruments.
Through the recommended actions, the Platform aims at the
elimination of discrimination on the one hand and at ensuring
the achievement of equality for women on the other. Womens
full and equal enjoyment of economic and social rights as a
means for reducing and eliminating poverty and for realizing
sustainable development is addressed in several areas of the
Platform for Action, including poverty, the economy, the
environment and violence against women. The actions
indicate the continuing existence of obstacles to womens de
facto enjoyment of human rights in the economic and social
realms. They are also indicative of the multifaceted actions
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8
necessary to eliminate discrimination in the enjoyment by
the responsibilities and obligations of Governments to
women of their economic and social rights.
respect, protect and fulfil the human rights of women can be
36.
Examples of actions include the ratification of
international human rights instruments such as the
Convention on the Elimination of All Forms of Discrimination
against Women, the International Covenant on Economic,
Social and Cultural Rights and conventions of the
International Labour Organization (Platform for Action,
paras. 80 (j), 124 (e) and 230 (a) and (b)); the withdrawal of
reservations thereto (ibid., para. 230 (c));and
the
revision/elimination of discriminatory laws and regulations
to establish equality under the law (ibid., para. 165 (b)) or
the enactment of specific legislation (paras. 165 (a), 232 (b)).
37.
Other actions aim at achieving womens equal access
to education and training, health, and participation in
decision-making, which are tools for enabling women to take
advantage of economic opportunities and resources. Their aim
is to provide a basis for womens enjoyment of economic and
social rights through access to education and training or
protection from violence. Specific economic and social rights
are targeted through calls for the non-discriminatory
availability of social security systems to women (Platform for
Action, paras. 58 (o), 165 (f) and 175 (g)). Other actions deal
with womens equal access to economic resources, including
the right to inheritance and to ownership of land and other
property,
credit,
natural
resources
and
appropriate
technologies (ibid., paras. 61 (b) and 165 (e)); access to
employment, appropriate working conditions and control over
economic resources; and equal pay for equal work or work
of equal value (ibid., para. 165 (a)).
38.
The
Platform
for
Action
establishes
gender
mainstreaming as a major strategy in the pursuit of gender
equality, including in the area of human rights. While
progress is being made in this regard, there remains much
scope for developing practical actions to ensure that a gender
perspective is applied systematically in all human rights
activities.
39.
The mainstreaming directive is critical to womens
enjoyment of their human rights as it allows for an analysis
of the gender factors that create obstacles to womens
enjoyment of these rights and that need to be addressed and
remedied
within
larger
policy
frameworks.
Gender
mainstreaming also allows for the identification of aspects of
particular concern to women which are linked to these rights,
and which might not have been considered part of their
promotion and protection in the past. Through gender analysis
and similar tools, systemic and structural obstacles which
limit womens enjoyment of their human rights can be
identified. Once gender-based constraints are made explicit,
identified and required actions implemented.
3. Actors responsible for implementing actions in
the Platform for Action concerning womens
enjoyment of their economic and social rights
40.
The enjoyment of human rights by women, in particular
those relating to economic development and resources, is
hampered by existing unequal access to resources, technology
and information. Womens lack of access or reduced access
must therefore be a particular concern to Governments.
Safeguards in policies and programmes might be necessary
to ensure to women the enjoyment of all human rights,
including those in the economic realm.
41.
The Platform for Action establishes that Governments
have the primary responsibility for implementing the
Platform,
but
it
also
allocates
responsibility
for
45
implementation to other actors at the national and
international levels. In addition to Governments, the Platform
for Action identifies non-governmental organizations,
including womens groups and organizations of civil society,
the United Nations, including specific bodies and entities of
the United Nations system, as actors responsible for
implementation.
42.
In accordance with international human rights law, the
State is identified as having primary responsibility for the
realization of human rights. This is reflected in the Platform
for Actions critical area of concern, human rights of
women, where Governments are called upon to translate into
domestic law and practice the international legal framework
for the protection of the human rights of women, including
through implementation of the Convention on the Elimination
of All Forms of Discrimination against Women (paras. 230
and 232). It is also reflected in the areas of poverty and the
economy which establish governmental responsibility for
actions on economic and social rights of women (paras. 61,
165 and 166).
43.
The obligations of Governments in the protection and
promotion
of
human
rights
is
supplemented
by
responsibilities of other actors. Given the concern about the
long-standing neglect of womens human rights in mainstream
human rights activities, the Platform for Action emphasizes
actions aimed at better coordination and cooperation, and the
incorporation of a gender perspective in all human rights
activities of mainstream entities and organs of the United
Nations system (para. 231).
44.
With the roles of various players shifting and new
players entering the stage, the promotion and protection of
E/CN.4/1998/22
E/CN.6/1998/11
9
economic and social rights is becoming increasingly urgent.
48.
Even though the primary purpose of the special
The Platform for Action identifies responsibilities of and
rapporteurs has not been to consider womens enjoyment of
opportunities for actors other than the Government to promote
their human rights, information submitted by non-
womens enjoyment of their economic and social rights.
governmental organizations and United Nations bodies has
45.
Current trends of globalization and market liberalization
are changing the role of the State and increasing the role of
other actors in the international and national context. This can
be seen in the increased visibility of international trade,
49.
The Subcommission on Prevention of Discrimination
financial and development institutions, the private sector and
and Protection of Minorities has appointed, among its various
governmental authorities at the subnational level (local
special rapporteurs, Special Rapporteurs on human rights and
authorities). This is acknowledged in the Platform for Action,
extreme poverty,
and on the relationship between the
which calls on the private sector, multilateral financial
enjoyment of human rights, in particular economic, social and
institutions, bilateral donors and other actors to facilitate and
cultural rights, at both the national and international levels,
support womens access to resources, to adhere to all
and income distribution. Although they have not addressed
legislation aimed at the elimination of discrimination with
the issue of women per se, they have reflected information
regard to work, social well-being and to integrate a gender
pertaining to women in their consideration of issues affecting
perspective into all policies and programmes, including
women.
macroeconomic
policies
and
structural
adjustment
programmes, from the design to the implementation and
monitoring stages. The Platform for Action recognizes the
work of non-governmental organizations, as advocates for the
human rights of women, in the dissemination of information
and in providing access to mechanisms of redress.
D. Commission on Human Rights and related
bodies
46.
The integration of the human rights of women
throughout the United Nations system has been a focus of the
attention of the Commission on Human Rights for a number
of years. Recent resolutions of the Commission increasingly46
call for the need to apply a gender perspective in the
realization of specific human rights, including in the
implementation of the right to development.
Several
47
thematic special rapporteurs and rapporteurs on country
situations have devoted particular attention to the equal status
and human rights of women in their reports. In general, they
have stressed the discrimination women still face. Some of
them have devoted separate sections of their reports to the
situation of women.
47.
In their recommendations, special rapporteurs have
called for the respect of the non-discrimination principle; for
national legislation to conform with the Convention on the
Elimination of All Forms of Discrimination against Women;
for the abrogation of laws that discriminate against women
and the elimination of discriminatory practices; and for the
adoption of positive measures to improve womens effective
participation in the educational, societal, economic and
political fields.
revealed that explicit attention to these rights is needed. From
a human rights perspective, non-discrimination remains at the
core of full and effective enjoyment of rights.
48
50.
The seminar on extreme poverty and the denial of
human rights, organized by the Special Rapporteur (Geneva,
12-14 October 1994), noted that extreme poverty was often
the result of discrimination. As the principle of non-
discrimination was at the core of human rights protection,
States parties were under an obligation to take positive,
specific action to eliminate discrimination and to ensure that
the human rights of all persons without distinction were
respected.
It was further stated that international human
49
rights law required States to engage in affirmative action and
that this legal obligation could well be used in the struggle
against extreme poverty, affecting women in particular.
One
50
of the recommendations of the seminar was that, given that
women are disproportionately represented among those living
in extreme poverty, all possible steps should be taken to
promote and protect the human rights of women, including
through the introduction of a complaints procedure to the
Convention on the Elimination of All Forms of Discrimination
against Women.
51.
In his final report, the Special Rapporteur on income
distribution reviewed the question of income distribution and
gender discrimination.
He noted that income distribution
51
was commonly measured by household and thus concealed
the situation of discrimination generally encountered by
women. He referred to women heads of households as being
among those in situations of greatest disadvantage and
poverty, and discussed the feminization of poverty. Flexible
or deregulated labour markets gave rise to situations of open
violation of the rights of women, the rights of workers,
economic, social and cultural rights, and thus human rights.
E. Commission on the Status of Women
E/CN.4/1998/22
E/CN.6/1998/11
10
52.
In 1996, the Commission took action to further
implement the strategic objectives and action in the critical
56.
The Councils agreed conclusions 1997/2 on gender
area of concern women and poverty.
The Commission
mainstreaming provide a definition, principles and a set of
52
emphasized both the need for mainstreaming a gender
recommendations for action at the intergovernmental and the
perspective and the need for mainstreaming the promotion
institutional levels to translate the mainstreaming directive
and protection of and respect for the human rights and
into practice.
fundamental freedoms of women, including the right to
development, into all policies and programmes aimed at the
eradication of poverty. It reaffirmed the need to take measures
to ensure that every person was entitled to participate in,
contribute to and enjoy economic, social, cultural and political
development. The Commission recommended such measures
as legislative and administrative reforms to give women full
and equal access to economic resources, including the right
to inheritance and to ownership of land and other property,
credit, natural resources and appropriate technologies. It also
recommended national strategies for promoting employment
and self-employment for income generation, and economic
and social protection during unemployment and other
situations requiring social protection.
53.
At its forty-first session, in 1997, the Commission
considered the critical areas of concern women and the
environment, women and the economy and education and
training of women.
Womens equal access to and control
53
over land were again seen as an important component of
womens role in environmental questions, including land
reform programmes.
54.
In its agreed conclusions on women and the economy,
the Commission emphasized the role of gender analysis and
the prevention of discrimination in economic policies,
structural adjustment programmes, privatization, financial
and trade policies, financial and public sector reforms,
employment generation, structural change and economic
recession. The Commission recommended the promotion of
womens rights through their equal access to economic
resources,
through
the
elimination
of
employment
discrimination and through effective legislation in enforcing
the principle of equal pay for work of equal value. The
protection of the rights of migrant women workers was noted
as an area requiring particular attention.
F. Economic and Social Council
55.
In following up the World Summit for Social
Development, the Economic and Social Council devoted its
1996 coordination segment to the question of poverty
eradication,
emphasizing the need for gender analysis and
54
for mainstreaming a gender perspective in United Nations
activities for poverty eradication.
55
G. Recent global United Nations conferences
57.
Attention to gender equality and the human rights of
women is contained in the results of all recent United Nations
conferences and summits.
They consider womens equality
56
and empowerment as an essential means of achieving stated
goals and objectives, but also include it as a specific objective
in itself. Through these clearly established linkages,
Governments have committed themselves to making gender
equality an integral part of all policy-making. Furthermore,
global policy instruments are couched in terms of the
Universal
Declaration
of
Human
Rights
and
other
international human rights instruments, and are directed
towards the realization of human rights and fundamental
freedoms, including civil, cultural, economic, political and
social rights and the right to development, for all. These
global policy instruments are therefore a further illustration
of the rights contained in international human rights
instruments. Womens enjoyment of their economic and social
rights is thus a firm basis from which to pursue such policy
goals.
H. Office of the United Nations High
Commissioner for Human Rights
58.
The Office of the United Nations High Commissioner
for Human Rights coordinates the United Nations programme
of advisory services and technical cooperation in the field of
human rights. In accordance with the Vienna Declaration and
Programme of Action and the Beijing Declaration and
Platform for Action, the Office of the High Commissioner has
instructed those conducting assessment missions for technical
assistance to take particular account of the status of women
in the country concerned and to aim to improve the situation
of
womens
rights
in
their
recommendations.
The
incorporation of gender into the programme of technical
assistance takes the form of advisory services of experts,
human rights seminars, training courses and workshops, and
fellowships and scholarships. A project on the integration of
a gender perspective into technical cooperation practices and
E/CN.4/1998/22
E/CN.6/1998/11
11
procedures, to which the Division for the Advancement of
Women has contributed at its various phases, is now in the
implementation phase. It is anticipated that a new project
intended to incorporate economic, social and cultural rights
into the various aspects of technical cooperation will also take
into account womens enjoyment of these rights.57
I. Division for the Advancement of Women
59.
The
Special
Adviser
on
Gender
Issues
and
Advancement of Women and the Division for the
Advancement of Women monitor and support progress in
Development (Copenhagen, 1995) and the Fourth World
womens full enjoyment of their human rights, including those
relating to economic development and resources, in the
framework of the follow-up to the Beijing Declaration and
Platform for Action and the implementation of the Convention
on the Elimination of All Forms of Discrimination against
Women. Activities such as the expert group meeting on
promoting womens enjoyment of their economic and social
rights are intended to strengthen practical action at the
national and international levels for womens full enjoyment
of their human rights.57
IV. Conclusion
60.
Womens full enjoyment of their human rights,
including those relating to economic development and
resources, is essential to any strategy aimed at poverty
eradication and sustainable development. International human
rights instruments, the Platform for Action and the Vienna
Declaration and Programme of Action provide a solid basis
for promoting womens enjoyment of their human rights,
including those related to economic development and
resources, and the alleviation of womens poverty. The
Platform for Action addresses the human rights of women and
women and poverty in specific critical areas of concern.
Attention to both issues can be found in a number of other
areas. The Platform for Action recognizes the impact of
gender on the enjoyment of human rights, including access
to rights, opportunities and resources, and with regard to
treatment in many areas. Together with international human
rights instruments, the Platform for Action emphasizes that
such gender-based inequalities and disadvantage need to be
addressed explicitly in all actions of Governments and of
other actors entrusted with their implementation.
Notes
A/51/3 (Part I), chap. III, para. 2; to be issued in Official
1
Records of the General Assembly, Fifty-first Session,
Supplement No. 3 (A/51/3/Rev.1).
Official Records of the Economic and Social Council,
2
1997, Supplement No. 7 (E/1997/27), chap. II, para. 178.
Ibid., 1997, Supplement No. 3 (E/1997/23), chap. II, sect.
3
A.
The report of the meeting (EGM/WESR/1997/Report) is
4
available from the Division for the Advancement of Women.
It is also posted on the Divisions Web site at
http://www.un.org/womenwatch/daw.
Such commitments were made at the World Conference on
5
Human Rights (Vienna, 1993), the World Summit for Social
Conference on Women (Beijing, 1995), for example.
Report of the Fourth World Conference on Women, Beijing,
6
4-15 September 1995 (United Nations publication, Sales
No. E.96.IV.13), chap. I, resolution 1, annex II, para. 51.
Ibid., para. 55.
7
E/CN.4/Sub.2/1996/13.
8
Ibid., para. 36.
9
Ibid., paras. 176 and 178.
10
The 1994 World Survey on the Role of Women in
11
Development (United Nations publication, Sales No.
E.95.IV.1) provides a detailed analysis of the causes and
consequences of womens poverty and, in particular, of the
gender dimensions of poverty. It also provides policy
recommendations for increasing womens effective
participation in development, including through addressing
the gender dimensions of poverty.
This was stressed in the first preambular paragraph and
12
paragraph 4 of the Vienna Declaration and Programme of
Action (Report of the World Conference on Human Rights,
Vienna, 14-25 June 1993 (A/CONF.157/24 (Part I), chap.
III) and reiterated in paragraph 213 of the Platform for
Action (Report of the Fourth World Conference on Women
... chap. I, resolution 1, annex II).
Official Records of the Economic and Social Council,
13
1991, Supplement No. 3 (E/1991/23), annex III, general
comment No. 3, para. 9.
Ibid., para. 5. See also the report of the expert group
14
meeting on promoting womens enjoyment of their economic
and social rights (EGM/WESR/1997/Report), para. 38.
The Special Rapporteur on extreme poverty, in his overview
15
of the spread and scale of extreme poverty, noted a lack and
inadequacy of data on poverty and extreme poverty.
Echoing the World Summit for Social Development, he
stressed the need for better quantitative and qualitative
information (E/CN.4/Sub.2/1996/13, paras. 32-74, in
particular paras. 71-74). He referred to the fact that the
majority of the worlds poor were women (paras. 35 and
36). The overview of the impact of extreme poverty on
several fundamental human rights presented by the Special
Rapporteur does not consistently disaggregate such impact
by sex (paras. 122-174).
E/CN.4/1998/22
E/CN.6/1998/11
12
Publications such as The Worlds Women: Trends and
See Declaration and Plan of Action of the Microcredit
16
Statistics, 1970-1990 and The Worlds Women 1995:
Trends and Statistics (United Nations publications, Sales
Nos. E.90.XVII.3 and E.95.XVII.2, respectively) have
greatly increased the availability, and the collection, of data
and statistics on women and men.
In its agreed conclusions 1996/1 on poverty eradication, the
17
Economic and Social Council noted that failure to integrate
a gender perspective in the design and implementation of
poverty eradication programmes will prevent those
programmes from achieving their goals (A/51/3 (Part I),
chap. III, para. 27).
This has been shown in the gender-related development
18
index (GDI) and in the gender empowerment measure
(GEM) of the Human Development Report of the United
Nations Development Programme (UNDP). See Human
Development Report, 1997 (published for UNDP by Oxford
University Press, New York and Oxford, 1997), p. 39; and
table 2.8 (Gender disparity GDI and HDI ranks), p. 40;
table 2.9 (Gender disparity GEM, GDI and HDI ranks), p.
41; table 2 (Gender-related development index all
countries), pp. 149-151; and table 3 (Gender empowerment
measure all countries), pp. 152-154.
See Human Development Report, 1997, ... .
19
Ibid., p. 39.
20
Ibid., chap. 2, annex table A2.2 (Human poverty of women
21
and children).
1994 World Survey on the Role of Women in Development
22
..., p. xiii.
On rural womens access to productive resources, see the
23
report of the Secretary-General on improvement of the
situation of women in rural areas (A/52/326).
See Subcommission on Prevention of Discrimination and
24
Protection of Minorities resolution 1997/19 on women and
the right to adequate housing and to land and property. In
paragraph 10 of the resolution, the Subcommission invited
the Commission on the Status of Women to consider the
right to adequate housing and to land and property in its
continued research on the impact of violations of economic,
social and cultural rights of women.
The Special Rapporteur noted that education was
25
undeniably one of the most effective ways of breaking the
vicious circle of poverty (E/CN.4/Sub.2/1996/13, para.
134).
See agreed conclusions 1997/4 adopted by the Commission
26
on the Status of Women following consideration of the
critical area of concern education and training of women
(Official Records of the Economic and Social Council,
1997, Supplement No. 7 (E/1997/27), chap. I, sect. C).
See Human Development Report, 1997 ... .
27
See The Worlds Women 1995 ..., chap. 5.
28
Human Development Report, 1997 ..., p. 39.
29
General Assembly resolution 34/180, annex, articles 13 (b)
30
and 14.2 (g).
31
Summit, held in Washington, D.C., from 2 to 4 February
1997 (A/52/113), annex I.
Fact Sheet on Women in Government, Division for the
32
Advancement of Women/Department of Economic and
Social Affairs.
E/CN.4/1995/42, para. 53.
33
E/CN.4/1995/42, para. 77.
34
Report of the Fourth World Conference on Women ..., chap.
35
I, resolution 1, annex II, para. 222.
As of 1 September 1997, there were 136 States parties to the
36
Covenant.
General Assembly resolution 2200 A (XXI), annex, art. 3.
37
For an overview of ILO standards with regard to women
38
workers, see Women and Work: Selected ILO Policy
Documents (Geneva, ILO 1994).
As of 1 October 1997, there were 161 States parties to the
39
Convention.
In its general comment No. 4 on the right to adequate
40
housing (art. 11 (1) of the Covenant), the Committee
specifically pointed out that the reference in the article to
himself and his family reflected the assumptions as to
gender roles and economic activity patterns commonly
accepted at the time when the Covenant was adopted.
Consequently, the Committee noted that enjoyment of this
right must not be subject to any form of discrimination
(Official Records of the Economic and Social Council,
1992, Supplement No. 3 (E/1992/23), annex III, para. 6).
Report of the United Nations Conference on Environment
41
and Development, Rio de Janeiro, 3-14 June 1992 , vol. I,
Resolutions Adopted by the Conference (United Nations
publication, Sales No. E.93.I.83 and corrigendum),
resolution 1, annexes I and II.
Report of the Fourth World Conference on Women ..., chap.
42
I, resolution 1, annex II, para. 220.
Report of the Fourth World Conference on Women ..., chap.
43
I, resolution 1, annex II, para. 222.
Report of the Fourth World Conference on Women ..., chap.
44
I, resolution 1, annex II, chap. IV.
Report of the Fourth World Conference on Women ..., chap.
45
I, resolution 1, annex II, para. 293.
The most recent overview of such activities is contained in
46
document E/CN.4/1997/40.
See Official Records of the Economic and Social Council,
47
1997, Supplement No. 3 (E/1997/23), chap. II, sect. A,
resolution 1997/72.
See paras. 7 and 8 above.
48
Report of the seminar on extreme poverty and the denial of
49
human rights (E/CN.4/1995/101), para. 47.
Ibid., para. 49.
50
E/CN.4/Sub.2/1997/9, paras. 74 and 75.
51
E/CN.4/1998/22
E/CN.6/1998/11
13
Official Records of the Economic and Social Council,
52
1996, Supplement No. 6 (E/1996/26), chap. I, sect. C.2,
resolution 40/9.
Ibid., 1997, Supplement No. 7 (E/1997/27), chap. I, sect.
53
C.1, agreed conclusions 1997/1, 1997/3 and 1997/4,
respectively.
A/51/3 (Part I), chap. III, para. 2, agreed conclusions
54
1996/1.
A/52/3, chap. IV, sect. A.
55
In addition to the World Conference on Human Rights
56
(Vienna, 1993), the International Conference on Population
and Development (Cairo, 1994), the World Summit for
Social Development (Copenhagen, 1995) and the United
Nations Conference on Human Settlements (Habitat II)
(Istanbul, 1996) addressed women and gender concerns.
See the joint work plan of the Division for the Advancement
57
of Women and the Office of the United Nations High
Commissioner for Human Rights (E/CN.6/1998/2/Add.1).