*************************************************************************** This document has been posted online by the Division for the Advancement of Women, DESA. Reproduction and dissemination of the document - in electronic and/or printed format - is encouraged, provided acknowledgement is made of the role of the United Nations in making it available. *************************************************************************** EGM/WESR/1997/Report United Nations Division for the Advancement of Women Promoting women's enjoyment of their economic and social rights Expert Group Meeting Abo/Turku, Finland 1-4 December 1997 Report TABLE OF CONTENTS Paragraphs PREFACE I. ORGANIZATION OF WORK . . . . . . . . . . . . . . . . .1-12 II. SUMMARY OF THE DEBATE. . . . . . . . . . . . . . . . 13-34 III. CONCLUSIONS AND RECOMMENDATIONS. . . . . . . . . . .35-114 A. FRAMEWORK FOR WOMEN'S ENJOYMENT OF ECONOMIC AND SOCIAL RIGHTS . . . . . . . . . . . . . . . 36-48 B. RECOMMENDATIONS FOR ACTION AT THE NATIONAL LEVEL49-63 1. General recommendations. . . . . . . . . . 49-51 2. Specific recommendations . . . . . . . . . 52-63 a. Recommendations regarding constitutional guarantees and legal framework. . . . . .53 b. Recommendations regarding national action plans . . . . . . . . . . . . . . . . 54-55 c. Recommendations regarding gender-sensitive policies. . . . . . . . . . . . . . . . .56 d. Recommendations regarding national human rights institutions . . . . . . . . . 57-58 e. Recommendations regarding public awareness campaigns . . . . . . . . . . . . . . 59-60 f. Recommendations regarding transnational corporations (TNCs) . . . . . . . . . 61-62 g. Recommendations regarding the role of civil society . . . . . . . . . . . . . . . . .63 C. RECOMMENDATIONS FOR ACTION AT THE INTERNATIONAL AND REGIONAL LEVEL. . . . . . . .64-114 1. General recommendations. . . . . . . . . . 64-68 2. Recommendations addressed to United Nations human rights treaty bodies . . . . . . . . 69-70 3. Recommendations addressed to United Nations Charter-based bodies . . . . . . . . . . . . .71 4. Recommendations addressed to regional organizations. . . . . . . . . . . . . . . 72-86 a. Organization of African Unity (OAU) . 74-75 b. Organization of American States (OAS) 76-78 c. Council of Europe . . . . . . . . . . 79-82 d. European Union. . . . . . . . . . . . 83-86 5. Recommendations addressed to specialized agencies of the United Nations system . . 87-94 6. Recommendations addressed to non-governmental organizations (NGOs) . . . . . . . . . . .95-102 7. Recommendations addressed to international and regional financial and trade institutions103-114 a. World Trade Organization. . . . . . 104-105 b. International financial institutions106-111 c. Regional and sub-regional trade blocks. 112 d. Transnational corporations. . . . . 113-114 ANNEXES Pages I. List of participants . . . . . . . . . . . . . . . . 32-35 II. List of documents. . . . . . . . . . . . . . . . . . 36-37 III. Agenda and programme of work of the meeting. . . . . 38-40 PREFACE The expert group meeting on "Promoting women's enjoyment of their economic and social rights" was convened to address the parts of the Beijing Platform for Action dealing with the human rights of women. The Platform reaffirmed that "the full and equal enjoyment of all human rights and fundamental freedoms by women and girls is a priority for Governments and the United Nations and is essential for the advancement of women" (para. 213). It underlined that "Governments must not only refrain from violating the human rights of women but must work actively to promote and protect these rights" (para. 215). It emphasizes that "[E]very person should be entitled to participate in, and contribute to and enjoy, cultural, economic, political and social development. In many cases women and girls suffer discrimination in the allocation of economic and social resources. This directly violates their economic, social and cultural rights" (para. 220). As part of the preparation for the forty-second session of the Commission on the Status of Women (2-13 March 1998), the expert group meeting was organized by the United Nations Division for the Advancement of Women (DAW), jointly with the Institute for Human Rights at the ¸bo Akademi University (Finland). Focussing on economic and social rights of women not only allowed the expert group meeting to consider critical area of concern I of the Platform for Action, but also emphasized the interrelationship of this area of the Platform with other critical areas of concern. In particular, it drew attention to the connections between critical area I and critical areas A (women and poverty) and F (women and the economy). These interdependences highlight the rights-based approach that underlies the Platform and the pivotal role these rights play with regard to the overall goal of the Platform for Action: the achievement of gender equality. Attention to the enjoyment by women of their human rights and to violations of such rights, both conceptually, as well as with regard to practical actions, has increased since the convening of the 1993 World Conference on Human Rights. The Vienna Declaration and Programme of Action emphasized that the human rights of women should form an integral part of United Nations human rights activities. The Beijing Declaration and Platform for Action reaffirmed the conclusions of the Vienna Conference and took them further, calling for an active and visible policy of mainstreaming a gender perspective in all policies and programmes. It underlined the importance of gender analysis in addressing the systematic and systemic nature of discrimination against women in order to achieve the full realization of human rights for all. Both conferences and other recent United Nations conferences contributed to the understanding that women's equality and non-discrimination between women and men, as well as women's equal enjoyment of human rights and fundamental freedoms do not occur automatically as a result of the overall protection and promotion of human rights. These goals must be addressed explicitly and systematically at all stages of the implementation of human rights instruments and conference results, including in the conceptualization of the protected rights and freedoms. Human rights and fundamental freedoms are inherent in the human person and belong to women and men alike. Human rights norms are presumed to be gender-neutral or to be unaffected by gender. However, structural imbalances of power between women and men, the systemic nature of discrimination against women, and the general absence of women in law creation and implementation processes continue to reflect disproportionately the experiences of men and exclude the experiences of women. These imbalances also influence the generally accepted understanding of international human rights law whose structure and substance may present or preserve obstacles to women's equality. Many of the substantive norms of international law are defined in relation to men's experience, and stated in terms of discrete violations of rights in the public realm. In addition, inattention to rights of particular interest to women in the international human rights discourse has resulted in neglect, and pervasive denial, of the rights of women in particular in the private sphere. These factors have contributed to a lack of enjoyment of human rights by women which has at its roots gender-specific explanations. Women's equality cannot be achieved by treating women and men identically, nor through protective measures for women. Identical treatment ignores women's and men's different social realities and gendered roles. Protective measures for women do not challenge the source and nature of women's subordination and tend to perpetuate gender stereotypes. A focus on gender recognizes that women's unequal status is based on, and is perpetuated by, structures of systemic inequality and discrimination against women. In that regard, the standard of measurement in the realization of women's equality is not the current male standard of equality, which would simply be a reaffirmation of the status quo. Rather, a new standard of equality should be envisaged based on a reconsideration of current assumptions and a reconceptualization of the meaning of equality from a gender perspective. This standard would reflect the visions, interests and needs of women, as well as those of men. The meeting recognized the importance of a gender- sensitive interpretation of human rights contained in international human rights instruments relating to economic, social, civil and political rights and reflected in international policy. Focussing in particular on the implications of integrating gender factors into the interpretation of economic and social rights, the meeting developed recommendations for action at the national, regional and international level. It stressed that the primary responsibility for ensuring the enjoyment by women of human rights lay with Governments, but also targeted recommendations for action at other actors at the national and international level. I. ORGANIZATION OF WORK A. Attendance 1. The expert group meeting on "Promoting women's enjoyment of their economic and social rights" was held at the Institute for Human Rights at ¸bo Akademi University, ¸bo/Turku, Finland, from 1-4 December 1997. It was jointly organized by the United Nations Division for the Advancement of Women/Department of Economic and Social Affairs (DAW/DESA) and the Institute for Human Rights at ¸bo Akademi University. 2. The meeting was attended by nine experts from all regions, and by 25 observers: five from Governments, two from inter- governmental organizations, two from the United Nations system, and 16 from non-governmental organizations and academic institutions (see annex I for the full list of participants). B. Documentation 3. The documentation for the meeting comprised of two background papers (one prepared by DAW and one prepared by a consultant for DAW); nine experts' papers; and five observers' papers and statements. Because of their relevance for the topic under discussion, a number of United Nations documents and other reference papers were made available (see annex II). C. Adoption of the agenda and programme of work 4. At its opening session on 1 December 1997, the meeting adopted its agenda and proposed programme of work as follows (see annex III): - Opening of the meeting and opening statements - Election of officers - Adoption of programme of work - Presentation of experts and observers - Presentation of * background papers * experts' papers * observers' papers and statements - General discussion - Working group discussions on * national level action * international/regional level action - Reports from working group discussions - Drafting of recommendations and of the report - Adoption of the report of the expert group meeting - Closing of the meeting. D. Election of officers 5. At its opening session the meeting elected the following officers: Chairperson Ms. Shanti Dairiam (Malaysia) Vice-Chairperson Prof. Cees Flinterman (Netherlands) Rapporteur Ms. Sandra Liebenberg (South Africa) E. Opening statements 6. The expert group meeting was opened by Ms. Jane Connors, Chief, Women's Rights Unit, Division for the Advancement of Women. She welcomed the participants and expressed her deep appreciation to the Institute for Human Rights at ¸bo Akademi University for hosting the event, and for the support and cooperation provided by its Director and Deputy Director and the staff of the Institute during the preparations. 7. Ms. Connors placed the meeting in the framework of the Beijing Platform for Action and outlined the opportunities the meeting had to contribute to the work of the Commission on the Status of Women in the area of the human rights of women, as well as to influence the work of other bodies and organizations with regard to women's enjoyment of their economic and social rights. Noting that economic and social rights remain less well-understood than other human rights, she highlighted that gender factors pose additional conceptual and practical challenges to women's full enjoyment of these rights, both nationally and with regard to international action. The expert group meeting had been convened to deepen the understanding of the impact of gender on the conceptualization of rights, to clarify obligations of Governments and other actors in creating an enabling environment for women's full and equal enjoyment of economic and social rights, and to develop recommendations for measures to be taken by Governments and other actors in ensuring the enjoyment by women of their economic and social rights at the level of the law, policies and programmes, and with regard to resources. 8. In her opening statement, Ms. Sia Spiliopoulou ¸kermark, Acting Professor and Director of the Institute for Human Rights, welcomed the participants and thanked the Ministry for Foreign Affairs of Finland for its financial support to the Institute for the expert group meeting. She emphasized that it was appropriate that the expert group meeting was held in Finland, since economic and social rights had been included in the Finnish Constitution of 1995. Among the rights included in the revised Constitution were the right to free basic education and the right to basic subsistence. These rights were not only formally recognized but were rendered justiciable. She expressed her pleasure at hosting the meeting at the Institute for Human Rights at ¸bo Akademi University and noted the Institute's expertise in the area of economic and social rights. In so doing, she referred to several of the Institute's publications which concern gender and economic and social rights, including Social Rights as Human Rights: A European Challenge (1995) and An Introduction to the International Protection of Human Rights (1997). 9. Ms. Pa"ivi Pietarinen, Legislative Counsellor, made an opening statement on behalf of the Ministry for Foreign Affairs of Finland. She expressed her appreciation to the organizers for convening the meeting in Finland, and welcomed the experts and observers. Discussing her Government's human rights policy, she noted that respect for human rights was gaining importance in Finnish foreign policy. Priority areas were the rights of women, children, indigenous peoples and minorities. Economic, social and cultural rights also received special attention, and gender equality in the enjoyment of economic, social and cultural rights was an important theme. She stressed that women's rights needed to be an integral part of international human rights monitoring, and emphasized her Government's support for the elaboration of an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women. F. Working groups 10. The presentation of background, experts' and observers' papers was followed by a general discussion on the themes that emerged from these presentations. The meeting also held a discussion on the framework for a gender-sensitive interpretation of human rights, particularly economic and social rights. The components for such a gender-sensitive framework were exemplified in the right to work, and in the right to an adequate standard of living. 11. Following this discussion, two working groups were established to elaborate recommendations for action at the national level, and at the regional and international level. 12. Working group I on national level action was chaired by Prof. Akua Kuenyehia (Ghana). Ms. Susana Lastarria-Cornhiel (Peru) served as Rapporteur. Working group II was chaired by Mr. Paul Hunt (New Zealand), and Ms. Sandra Liebenberg served as Rapporteur. II. SUMMARY OF THE DEBATE 13. Since the adoption of the Universal Declaration of Human Rights, economic and social rights and the right to non- discrimination on the basis of sex have constituted an integral part of the body of international human rights law. These rights are protected in a range of international, regional and specialized conventions. Of particular relevance are the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination against Women. The former protects a range of economic and social rights at the international level, with States Parties undertaking "to ensure the equal right of men and women to the enjoyment of the rights set forth in the Covenant" 1/. The Convention guarantees non-discrimination in women's access to, and enjoyment of many economic and social rights. 14. The international community has affirmed its commitment to the interdependence and indivisibility of all human rights on many occasions. Governments have committed themselves to "treat human rights globally, in a fair and equal manner, on the same footing, and with the same emphasis" in both the Vienna Declaration and Programme of Action 2/ and the Beijing Platform for Action 3/. The Platform for Action highlights women's economic and social rights in many different contexts, and outlines actions to be taken by Governments and other actors to promote and protect women's enjoyment of these rights. 15. The meeting recognized the important work of the Committee on Economic, Social and Cultural Rights 4/ in elaborating the scope and core elements of the economic and social rights recognized in the Covenant 5/. The Committee on the Elimination of Discrimination against Women has also made significant progress in elaborating on the duty of non- discrimination against women in the enjoyment of certain economic and social rights 6/. 16. Despite these commitments and the work of human rights treaty bodies, the meeting noted that economic and social rights have not received the same level of attention from the international community as civil and political rights. As a consequence, the core elements of many economic and social rights have not been well-elaborated, and the mechanisms for their protection are generally weaker than in the case of civil and political rights. This constitutes a barrier to the enforcement and monitoring of States' obligations in relation to the rights. 17. A similar observation regarding the unequal protection of economic and social rights applies within national legal orders. The entrenchment of economic and social rights as justiciable rights in certain national Constitutions presents a valuable opportunity for the interpretation of their content and scope, and the development of effective remedies when they are violated. 18. The recognition of economic and social rights as human rights and their practical realization has a particular significance for women. Women are disproportionately affected by poverty and social marginalization. Women's enjoyment of economic and social rights can be assessed in terms of quantitative and qualitative aspects 7/. As the Beijing Platform for Action notes, women suffer from systemic and systematic discrimination 8/ which results in deep patterns of inequality and disadvantage. Many women experience multiple barriers in gaining access to economic and social 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; the widespread violence perpetrated against women. 19. As the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities has noted, these constraints are particularly acute for women who also face discrimination on one or more other grounds, including race, ethnicity, creed, disability, age, socio-economic status and marital status 9/. The Platform for Action noted that many women face additional barriers to the enjoyment of their human rights because of such factors as their race, language, ethnicity, culture, religion, disability or socio-economic class or because they are indigenous people, migrants, including women migrant workers, displaced women or refugees 10/. 20. Women are especially vulnerable to suffering deprivation and disadvantage in times of economic restructuring (e.g. structural adjustment programmes) involving the reduction of social expediture, the privatization of social services and resources, and the transition to market economies. 21. Even when women do have access to socio-economic rights, they frequently experience discrimination in the enjoyment of these rights. This discrimination is manifested, for example, in unequal pay for work of equal value, inferior benefits under social assistance programmes (as compared to the more favourable benefits under social insurance schemes) and insecure tenure to land and housing. 22. The full and equal realization of socio-economic rights is thus essential to the achievement of real and effective equality for women: substantive equality. 23. The failure to develop concrete standards and remedies for the enforcement of economic and social rights makes it difficult to hold States accountable for these violations of women's economic and social rights. The international community and non-governmental organizations have also been slow to demand accountability from States for violations of socio-economic rights generally, and women's socio-economic rights in particular. The meeting observed that although many academic institutions and non-governmental organizations are engaged in important research and mobilization on issues of economic justice and developmental needs, these issues are often not perceived and portrayed as violations of women's economic and social rights. Economic and social rights - like all other human rights - demand priority consideration from the State, and the availability of effective channels of protection and redress. 24. The meeting recognized that States have primary responsibility for guaranteeing economic and social rights. States also have an obligation to regulate the actions of non- state actors to ensure the enjoyment of these rights. There exists an urgent need to consider effective forms of holding non-state actors accountable for violations of economic and social rights, including the rights of women. At national level, many private institutions and actors such as corporations, banks, landowners, landlords and other private persons have a significant impact on women's access to socio- economic rights. It is imperative that national Governments adopt effective legislation preventing and prohibiting gender discrimination and other practices undermining women's full and equal enjoyment of economic and social rights. 25. At an international and regional level, the activities of international financial institutions such as the International Monetary Fund (IMF) and the World Bank, inter-governmental organizations such as the World Trade Organization, as well as multi-national corporations also have a significant impact on the enjoyment of economic and social rights. The Vienna Declaration and Programme of Action and the Committee on Economic, Social and Cultural Rights have called on these institutions to assess the impact of their policies and programmes on the enjoyment of human rights 11/. The Platform for Action calls on international financial institutions to review and revise policies to ensure that investments and programmes benefit women 12/. The Inspection Panel created by the World Bank could also provide a forum for the consideration of complaints concerning the impact of the World Bank's activities on the enjoyment of economic and social rights. The meeting also identified the need for urgent steps to ensure the binding effect of international obligations relating to economic and social rights on the World Bank. The responsibilities of transnational corporations in adhering in their business practices to international human rights norms and standards was also emphasized. 26. Like civil and political rights, economic and social rights are fundamental to the protection of human dignity. They demand immediate action to eliminate conditions of human degradation and deprivation. The meeting also observed the close links between the guarantee of all human rights, democracy and sustainable development. It noted that national judicial and other organs must ensure that any pronouncements/decisions they may make do not result in the official sanctioning of a violation of an international obligation relating to economic and social rights by the State concerned 13/. 27. The debate addressed the nature of the obligations imposed by economic and social rights, and the extent to which these rights necessarily require enforcement mechanisms that are different from civil and political rights. It was observed that both sets of rights impose a combination of negative and positive duties on States, and require resources for their effective realization. States often take for granted the positive obligations and resource implications of civil and political rights as they are regarded as sufficiently important to warrant priority consideration. Conversely, there is a lack of general awareness of the negative obligations imposed by economic and social rights which require States to refrain from certain conduct (for example, embarking on arbitrary forced evictions in violation of the right to adequate housing). Violations of both sets of rights can therefore occur through acts of both commission and omission, on the part of States. 28. The meeting stressed that the concept of the justiciability of rights is dynamic. In systems where there is the possibility of individual complaints for violations of human rights, supervisory bodies have the opportunity to develop the relevant standards of compliance and appropriate remedies in the context of concrete cases. The importance, in this context, of the process of developing optional protocols to the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination against Women was noted. In addition, the meeting welcomed the entrenchment of economic and social rights as justiciable rights in certain national Constitutions. 29. The obligations imposed by economic and social rights can be usefully understood in terms of three primary duties: to respect, to protect, and to promote and fulfill the rights. The duty to respect requires States to refrain from depriving people of their economic and social rights, or from undermining their enjoyment of these rights in other ways. The duty to protect requires States to act positively to ensure that powerful private actors do not undermine the human rights of others. This may be achieved in a number of ways, including through the adoption of appropriate regulatory legislation. Finally the duty to promote and fulfill the rights, requires positive action to ensure that everyone has access to economic and social rights. The obligations imposed in this regard can be of an immediate nature, requiring States to achieve a certain result, for example, free and compulsory primary education. Alternatively, they require States to adopt certain specified measures directed at the progressive realization of the rights. States are required, as expeditiously as possible, to adopt effective and well-targeted legislative and other measures to advance and improve access to socio-economic rights 14/. 30. Experts referred to the minimum core obligation of States to ensure, at the very least, essential levels of each of the economic and social rights (or minimum subsistence rights). The Committee on Economic, Social and Cultural Rights has interpreted the International Covenant on Economic, Social and Cultural Rights to impose this minimum core obligation on States parties when it stated that "[I]n order for a State party to be able to attribute its failure to meet at least it minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations" 15/. 31. Both the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights list as among the violations of omission on the part of the State "the failure to implement without delay a right which it is required by the Covenant to provide immediately;" and "the failure to meet a generally accepted international minimum standard of achievement, which is within its powers to meet" 16/. 32. The need for developing gender-sensitive definitions of economic and social rights was identified as a key priority by the meeting. Gender factors should be fully integrated at all three levels of States duties in relation to socio-economic rights - the duty to respect, to protect, and to promote and fulfill. 33. The meeting extensively discussed the importance of mainstreaming a gender perspective in legislation, policies and programmes designed to realize economic and social rights. Mainstreaming requires that Governments assess the impact of the delivery of rights through mainstream institutions and processes for women and men. Note was taken of the Agreed Conclusions on gender mainstreaming adopted by the Economic and Social Council 17/. Policies and programmes should take account of gender inequalities and disparities of power at all levels, including the household, the community, and at all levels of Government. These factors were recognized as obstacles to women's full and equal access to socio-economic rights. Unless gender inequalities and power disparities are accounted for as an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes, women and men will not benefit equally from the benefits being conferred. The failure to address explicitly gender differences in mainstream programmes will undermine steps towards substantive equality or equality of outcomes. The meeting stressed the fundamental importance of Government policies and programmes that encourage the outcome of a more equal sharing of reproductive and caring responsibilities between men and women, and society as a whole. This is emphasized both in the preamble of the Convention on the Elimination of All Forms of Discrimination against Women 18/ and in the Platform for Action 19/. It was cautioned that mainstreaming of a gender perspective should not imply acceptance of the status quo or the dominant male standard applicable to mainstream institutions and processes. In many cases the full integration of a gender perspective and of gender factors will require a fundamental restructuring - a transformation - of institutions and systems such as the labour market, social security systems and the operation of property markets. 34. The meeting observed that women themselves are critical actors in claiming their rights, including socio-economic rights. However, the general lack of access to effective remedies for violations of economic and social rights was compounded by absence of legal services and legal literacy, particularly for rural women, women refugees and migrant workers and other women in disadvantaged and vulnerable circumstances. In addition, effective access to legal recourse mechanisms was obstructed by unduly formalistic court procedures and rules of standing in many jurisdictions. The meeting reiterated the Platform for Action where it identified the gap between the existence of rights and their effective enjoyment. The meeting attributed this gap to the failure of Government to promote and protect rights properly, a lack of appropriate recourse mechanisms, and the failure by Governments to inform women and men alike of their rights 20/. The commitment of Governments in the Platform for Action to the achievement of legal literacy and the building of women's capacity to claim their rights 21/ was highlighted by the meeting in this context. III. CONCLUSIONS AND RECOMMENDATIONS 35. The expert group meeting considered the framework within which women's enjoyment of their economic and social rights takes place and emphasizing the indivisibility and interdependence of all human rights, developed a context for a gendered interpretation of rights. It then elaborated specific recommendations for action to be taken at the national level, and at the regional and international level, to promote women's enjoyment of their economic and social rights. A. FRAMEWORK FOR WOMEN'S ENJOYMENT OF ECONOMIC AND SOCIAL RIGHTS 36. The indivisibility and interdependence of all human rights has been rightly affirmed time and again by the international community. It has also been emphasized that all human rights must be treated in a fair and equal manner, on the same footing, and with the same emphasis. It is unfortunate but undeniable however, that economic and social rights are still regarded and treated by States in a different way than civil and political human rights. Economic and social rights are largely marginalized. There is no justification for such differential treatment: both civil and political and economic and social rights entail positive and negative obligations, obligations of conduct and of result, and obligations to respect, to protect, and to promote and fulfill. The dignity and worth of women and men is dependent upon the full implementation of these obligations by States and other relevant actors. 37. The principles of equality and non-discrimination on such grounds as sex form the cornerstone of the normative human rights framework. They presume not only de jure equality for men and women, but also de facto equality and require the elimination of all forms of discrimination against women, including gender discrimination arising out of social, cultural and other structural disadvantages. De facto equality of women and men in the field of human rights, in particular economic and social rights, is still a distant objective. 38. The recognition of economic and social rights as human rights and their practical realization have a particular significance for women. Women are disproportionately affected by the lack of recognition of these rights. The recognition of economic and social rights as fundamental human rights alongside civil and political rights and other human rights requires that States accord priority consideration to their fulfillment 22/. Rights are not simply a matter of policy choices for Governments, but impose legally sanctioned duties to respect and ensure the rights in question. Moreover, the full recognition of rights requires the creation of effective channels of redress to hold States accountable for violations of these rights. Women's empowerment is advanced by establishing concrete standards and mechanisms of accountability for violations of economic and social rights. Thus, the rights approach is being increasingly pursued by women, women's organizations and other entities seeking to promote gender equality and women's empowerment. 39. The indivisibility of all human rights also implies that States are as responsible for violations of economic and social rights as they are for violations of civil and political rights. Violations of economic and social rights can either occur through acts of commission or through acts of omission by States. Women, and certain other groups, suffer disproportionate harm from violations of economic and social rights by States or other entities which are insufficiently regulated by States. 40. The expert group meeting acknowledged that gender equality and women's full enjoyment of economic and social rights are intimately connected. It recognized that the full realization of economic and social rights is of importance to both women and men and that violations of these rights affect both women and men. 41. The expert group meeting emphasized that women face constraints and vulnerabilities which differ from those which affect men and that these constraints and vulnerabilities are of significant relevance in the enjoyment of these rights. In addition, it noted that these variables mean that women may be affected by violations of economic and social rights in ways that are different from men. 42. The expert group meeting recognized that pro-active policies are required to ensure that women enjoy economic and social rights. It noted, however, that the explicit and implicit inequalities that affect women's enjoyment of these rights can be exacerbated by policies introduced to ensure that women fully enjoy economic and social rights in those cases where policy makers fail to take account of the reality of the lives of women, as well as men. The expert group meeting emphasized that, in most societies, women and men do not occupy the same position. For example, while it acknowledged that poverty affects both women and men, women experience poverty differently from men. Measures which are introduced to address poverty which fail to take account of the differential impact of poverty resulting from gender may serve to exacerbate and entrench this violation of economic rights where women are concerned. By failing to address gender, they may also fail to support and strengthen women's capacity to break the cycle of poverty. 43. The expert group meeting recognized that the rights of women to enjoy civil, political, economic and social rights are often subsumed in a wider societal struggle for the realization of rights. For example, women's rights to enjoy economic and social resources are frequently postponed until all members of society are able to take full advantage of these rights. The expert group meeting emphasized that, far from diluting the wider societal struggle for the realization of economic and social rights, the identification of women's independent entitlement to these rights can strengthen the general quest for realization of human rights. In addition, the expert group meeting stressed that postponing women's entitlement to full enjoyment of human rights in this way entrenches and legitimizes existing inequalities based on gender. The expert group meeting made clear that specific constraints affecting women in the enjoyment of economic and social rights should be identified in the societal struggle for rights so that inequalities within societies can be addressed at an early stage and a measure of gender equality ultimately achieved. 44. Recognizing the many ways in which the situation of women differs from that of men, the expert group meeting underlined the importance of adopting a gender-sensitive methodology in ascertaining the extent to which women enjoy economic and social rights and in determining violations of these rights. The meeting noted that it was important for those involved in the implementation of economic and social rights to seek data disaggregated by sex and gender-specific information and ensure that the different experiences of women in the enjoyment of these rights, as well as their violation, are rendered visible. In fact, violations of women's economic and social rights were seldom perceived as such. 45. The meeting also noted that it was important to interpret existing human rights norms creatively so that they could be applied to those experiences of women which are different from those of men. Noting that there are an infinite variety of ways in which women's work can be rendered invisible and their contribution to society can remain unaccounted for, the responsibility of Governments to make visible these activities was underlined. The meeting also emphasized that United Nations human rights treaty bodies and other monitoring mechanisms were provided with many opportunities for creative interpretation and needed to be perceptive and sensitive to the activities of women in different societies which meet an innovative and gender-sensitive definition of work. At the same time, the meeting recognized that the definition of some economic and social rights in existing instruments which were not based explicity on the experiences or realities of women's lives, might need to be supplemented by newly-formulated rights which took account of the life patterns of women. 46. Using the right to work 23/ and the right to an adequate standard of living 24/ defined in the International Covenant on Economic, Social and Cultural Rights as illustrative examples, the expert group meeting noted the gender-specific language of these rights and the male-based model of employment that underlay human rights guarantees relating to employment. The expert group meeting noted that the conceptual framework of the right to work failed to reflect the many forms of remunerated and unremunerated work that women perform. It stressed that a truly gender-sensitive guarantee would encompass within its scope women's patterns of paid work, within the formal and informal sectors, and the unremunerated work that women perform. 47. The expert group meeting also noted that a gender- sensitive interpretation of the right to work would incorporate reference to the need to ensure removal of obstacles to women's full enjoyment of that right. Such obstacles included, but were not limited to, sexual harassment and other forms of violence against women, and absence or lack of access to child care. Gender-discriminatory cultural norms and practices also constitute obstacles. Removal of these and other obstacles should be understood as part of the obligation to ensure just, favourable and safe conditions of work. The expert group meeting also emphasized the importance of identifying the background of inequality against which women participated as workers in various capacities. 48. The expert group meeting also highlighted the importance of a gendered interpretation of the right to social security and social assistance. Full enjoyment of these rights by women could only be achieved if specific areas of women's interests were identified and made visible. Specific factors to be taken into account included the greater vulnerability of women to loss of employment and interrupted employment, health issues of women and of other family members, loss of family members, and particularly male family members through death, abduction or detention, insecurity of shelter, and the particular disadvantages experienced by women arising from their disproportionate share of reproductive, child-rearing and caring work. The development of innovative and creative safety nets for women living in poverty was identified as a matter deserving particular attention 25/. B. RECOMMENDATIONS FOR ACTION AT THE NATIONAL LEVEL 1. General recommendations 49. The meeting noted that the participation of women in decision-making at all levels, from the family to the international level, was essential to their enjoyment of economic and social rights. The meeting emphasized that societal as well as Governmental commitment to peace was conducive to the enjoyment of economic and social rights, and conducive to the creation of an enabling environment for the realization of these rights. It also noted that the absence of peace contributed to the violation of economic and social rights. 50. The Platform for Action assigns primary responsiblity for implementation of the Platform to Governments 26/. The meeting emphasized that, while many actors have a role at the national level in promoting women's enjoyment of their economic and social rights, primary responsibility for ensuring enjoyment of these rights rests with Governments, extending to the national, sub-national and local levels. The meeting identified a variety of actors, including the Government; employers' organizations; workers' organizations; the private sector including industry, banks and other financial institutions; civil society, including non-governmental organizations, women's organizations, universities, research institutions, political parties, and religious institutions; donor agencies and donor Governments through development cooperation; and the media. 51. The expert group meeting made the following recommendations: * The obligations and roles of various actors in respecting, protecting, and promoting and fulfilling women's economic and social rights should be clearly established. With the roles of various actors shifting, Governments should pay increased attention to the promotion and protection of economic and social rights, including through the exercise of its regulatory role. * Governments should clearly establish the responsibility of all ministries, including ministries of finance and defence, and of other governmental bodies such as planning commissions, for women's enjoyment of economic and social rights. * National machinery for the advancement of women has a crucial role as catalyst and facilitator and in monitoring results, and should be provided with adequate capacity to fulfill this role with regard to women's enjoyment of economic and social rights, including through cooperation and coordination with national human rights institutions. 2. Specific recommendations 52. The expert group recommended that Governments and other actors undertake specific steps to ensure to women the enjoyment of their economic and social rights in the following areas: constitutional guarantees and legal framework; national action plans; gender-sensitive policies; national human rights institutions; public awareness campaigns; transnational corporations; role of civil society. a. Recommendations regarding constitutional guarantees and legal framework 53. The expert group meeting made the following recommendations: * Governments should guarantee economic and social rights in national Constitutions. They should put in place the necessary legislative and regulatory framework guaranteeing a gendered interpretation of these rights. Human rights values and principles must be integrated into all legislation and policies, reflecting international human rights standards and norms. * Governments should adopt the necessary legislation to ensure to women the enjoyment of their economic and social rights, including the removal of obstacles to women's full and equal enjoyment of these rights. They should reform and repeal legislation which is inconsistent with this obligation. They should regulate the activities of individuals or groups so as to prevent them from violating women's economic and social rights, and they should enforce such regulations. Governments must create and maintain infrastructure that provides remedies for violations through acts of omission or acts of commission of economic and social rights. * Domestic enforcement mechanisms for socio-economic rights should be strengthened. The development of a coherent jurisprudence with regard to economic and social rights, based on international human rights law, needs to be encouraged and facilitated. To this end, judicial and legal education should be strengthened and particularly emphasize human rights, including the human rights of women in the economic and social fields. b. Recommendations regarding national action plans 54. The meeting noted that an essential element in promoting and protecting women's human rights is the existence of a national action plan. In that regard the meeting recalled that according to the Platform for Action, Governments "should develop implementation strategies for the Platform" 27/. Consequently, the meeting noted that Governments are responsible for designing, with the full participation of civil society, and implementing national action plans aimed at women's enjoyment of their economic and social rights, either as part of comprehensive national action plans for the implementation of the Platform as a whole, or as self-standing plans on human rights of women 28/. 55. In order to achieve progress in women's enjoyment of economic and social rights, the meeting recommended that national action plans on human rights of women address the following critical dimensions. * Implementation strategies: specific implementation strategies for international human rights commitments at the national level should be designed as part of national action plans. Such strategies should also include measures to implement human rights treaty obligations and responsibilities from other instruments containing human rights commitments into national law and policy. * Methodologies: National action plans should contain methodologies that identify different types of women's experiences and needs in the area of economic and social rights, and that capture the different ways in which women experience rights and violations thereof; * Data collection: the collection of data disaggregated by sex at national and international level must be improved in order to identify factors and aspects that cause unequal outcomes for women in the enjoyment of rights. National statistical profiles and international compilation of data such as The World's Women 29/, should be kept and regularly updated, in accordance with the Platform for Action 30/. * Development of qualitative indicators: the collection and use of quantitative data is insufficient to make explicit gender-related experiences that women face in the enjoyment of economic and social rights. Thus, new methodologies and statistical tools should be designed to capture qualitative dimensions of women's enjoyment of rights, and in order (1) to identify and make visible the full range of women's activities including their contributions in the unremunerated sector 31/; (2) to reveal the nature of gender-based violations of rights; and (3) identify appropriate forms of redress for rights violations. * Identification of outcomes: national action plans on human rights of women should establish time-bound, targeted outcomes, and include specific steps to achieve these outcomes. With regard to measuring progress, emphasis should be placed on measuring outcomes rather than inputs. Plans should also include mechanisms for monitoring implementation of economic and social rights in accordance with minimum core obligations established by United Nations human rights treaty bodies. * Resources: Governments should allocate and reallocate resources to implement national action plans. In this regard, Governments might need to reorder priorities, for example, through the reduction of military expenditures and the allocation of additional funds for social and economic development 32/. The reduction of military expenditure would facilitate the implementation of the Platform for Action as a whole 33/. Governments should prioritize their resources to ensure that everyone has access to, at the minimum, essential levels of economic and social rights 34/. * Reflection of gender policies in national budgets: Governments should reflect in national budgets key gender policy objectives and priorities established in national policies. Governments should seek international cooperation to accelerate achievement of targeted outcomes as foreseen in the Platform for Action 35/. * Institutions: Governments should create and/or maintain an institutional framework to enable women to enjoy, enforce, and protect their rights. This should include: (1) the existence of an independent and gender-sensitive judiciary. The national judiciary, in its decision-making on economic and social rights, should ensure that no decision taken in this area is incompatible with international law on economic and social rights and on gender equality; (2) the availability and accessibility of legal aid to women in the pursuit of their economic and social rights; (3) the existence of structures and mechanisms to ensure the implementation of national action plans and the monitoring of their effectiveness; and (4) the establishment of mechanisms to increase women's legal literacy, as foreseen in the Platform for Action 36/, and of women's economic literacy. All institutions should have a clear and visible commitment to international norms and standards of equality between women and men as a basis for all action 37/. * Reporting: Visible and transparent mechanisms for reporting on progress in the implementation of national action plans, in particular with regard to women's enjoyment of their economic and social rights, should be established. Such mechanisms should include regular reporting by Governments on progress in achieving the targets established in the national action plan to Parliament and other public fora, and to international bodies, in accordance with established obligations. c. Recommendations regarding gender-sensitive policies 56. The expert group meeting made the following recommendations: * The existence of gender-sensitive policies is a criticial element in promoting women's enjoyment of economic and social rights. Governments should establish national gender equality objectives, based on the appropriate constitutional mandate and the legal framework. They should review and formulate development policies in all areas (such as in the areas of agriculture, health, education, work, employment) in a way that targets explicitly the enjoyment by women of their economic and social rights. Policies should not perpetuate directly or indirectly the exclusion of women from socio-economic rights and benefits. * All governmental policies should aim at the realization of women's economic and social rights, and comply with standards set by international law, United Nations human rights treaty bodies, and domestic law. These standards should include access to the basic means of subsistence so as to ensure to everyone a standard of living consonant with human dignity 38/. Policies should aim at ensuring women's equal access to economic resources and secure land tenure as called for, inter alia, in the Agenda for Development 39/. * Monitoring systems should be established to allow Governments to monitor regularly the impact of policies with regard to particular violations that women encounter with a view to reviewing and revising these policies. * Donor Governments and development cooperation agencies should respect constitutional principles and national policies aimed at promoting and protecting women's enjoyment of socio-economic rights. * When privatizing public services, Governments should ensure access by women to effective legislative and other remedies against discriminatory and other practices by non-state actors which undermine women's equal access to, and enjoyment of economic and social rights. d. Recommendations regarding national human rights institutions 57. The expert group meeting emphasized the role of national human rights institutions, such as national human rights commissions, ombudspersons or similar independent bodies, in ensuring women's enjoyment of their human rights. 58. The expert group meeting made the following recommendations: * National human rights institutions should be mandated to monitor explicitly the situation with regard to socio-economic rights and with regard to women's enjoyment of these rights. They should have the power to request relevant information from State organs on measures taken toward the full realization of economic and social rights of women and should have the power to recommend legislative and policy changes. They should also have the mandate to conduct public inquiries to investigate human rights issues, identify structural problems, recommend solutions, and educate the general public on human rights matters, particularly women's human rights issues. * National human rights institutions should collaborate closely with national machinery for the advancement of women. e. Recommendations regarding public awareness campaigns 59. The media has a critical role to play in publicizing women's human rights issues, and in raising awareness of the links between the enjoyment of all human rights, democracy and sustainable development 40/. 60. The Government also has a role in promoting widespread awareness with regard to women's human rights issues. The expert group meeting recommended that Governments, with the participation of civil society, conduct a comprehensive campaign to raise awareness of economic and social rights of women and violations of these rights 41/. This campaign should be targeted at both women and men. Public awareness raising should also target public officials, including the judiciary and law enforcement agencies, to sensitize them to women's economic and social rights, and the different forms in which such rights may be violated. f. Recommendations regarding transnational corporations (TNCs) 61. Activities of TNCs have an impact on the enjoyment by women of their human rights at the national level. Therefore, Governments have an obligation to regulate their activities and to ensure full compliance with human rights obligations as well as all national laws 42/. 62. The expert group meeting made the following recommendations: * Governments should enact and enforce laws to prevent and prohibit violations of economic and social rights by TNCs, including discrimination against women in this sphere. * Governments should create incentives to encourage TNCs to actively promote women's enjoyment of economic and social rights. * Civil society organizations should publicize particular violations of economic and social rights resulting from activities of TNCs, in particular in developing countries. Civil society organizations should also make public practices by TNCs that are conducive to the enjoyment of economic and social rights by women. Civil society organizations should lobby and advocate their Governments to monitor violations of economic and social rights by TNCs. g. Recommendations regarding the role of civil society 63. The expert group meeting made the following recommendations: * Civil society should be involved through participatory processes in the development of plans to promote and protect women's enjoyment of socio-economic rights. They should also be involved in setting realistic targets, monitor progress and contribute to the implementation of such plans. * Civil society should be empowered to demand accountability from Governments on progress in the area of women's enjoyment of their socio-economic rights even where Governments have not ratified international human rights treaties. * Non-governmental organizations and other organizations and actors of civil society should base their activities on human rights principles. Standards of international human rights instruments should be used by such organizations as a yardstick in all their work. C. RECOMMENDATIONS FOR ACTION AT THE INTERNATIONAL AND REGIONAL LEVEL 1. General recommendations 64. The expert group meeting emphasized the importance of the full integration of gender factors in all policies and programmes of all the international organizations referred to in these recommendations. Relevant resolutions on gender mainstreaming should be implemented and effectively integrated in all activities of these bodies3 43/. 65. The meeting recommended greater collaboration between international and regional bodies with a view to strengthening the protection of women's full and equal enjoyment of economic and social rights, through, for example, meetings between the Committee on the Elimination of Discrimination against Women and regional human rights supervisory bodies dealing with gender equality and socio-economic rights. 66. Human rights bodies within the United Nations system should encourage and facilitate greater involvement by non- governmental organizations in their work, including the adoption of innovative procedures to enhance NGO participation. 67. Member States of the United Nations as well as United Nations structures within the field of monitoring the enjoyment of women's economic and social rights should recognize the overall importance of accessibility in the process of equalization of opportunities for women and girls with disabilities. Accessibility in this context includes both access to the physical environment and access to information and communication. Principles such as the Standard Rules on the Equalization of Opportunities for Persons with Disabilities should be used effectively to advance the equal access by women and girls to the societal institutions and to promote enjoyment of economic and social rights. 68. The meeting recommended that in the drafting of new human rights instruments, language should be gender sensitive. In this regard, it commended the approach exemplified by the language of the Convention on the Rights of the Child. 2. Recommendations addressed to United Nations human rights treaty bodies 69. The meeting noted that there had been significant progress in recent years in recognizing that an understanding of the gender dimensions of the enjoyment of human rights was important in ensuring the full enjoyment of those rights by women and men. The adoption of the Platform for Action and of subsequent intergovernmental legislation had greatly contributed to this recognition. However, the meeting noted that there was still much to be done to move beyond recognition to gender-sensitive interpretations of economic and social rights and the development of strategies for ensuring their implementation. 70. The expert group meeting made the following recommendations: * States parties to international human rights instruments should renew their efforts to achieve a more appropriate gender balance in the membership of male- dominated human rights treaty bodies. In selecting candidates, States should recognize that an awareness of, and sensitivity to, gender issues in the field of human rights was an essential aspect of the expertise expected of an independent expert who is to serve as a member of a human rights treaty body. * The work on the drafting and adoption of optional protocols establishing communications procedures under the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights should be completed as soon as possible, especially since it is in the framework of such individual communications procedures that the gendered content and meaning of such rights can be clarified and given form and substance. * The principles of interpretation of women's enjoyment of economic and social rights developed by the Committee on the Elimination of Discrimination against Women should be fully integrated by other human rights treaty bodies in their work. * The meeting noted the important contribution that the Committee on Economic, Social and Cultural Rights has made to the elaboration of the nature, scope and content of economic and social rights, especially in its general comments and review of States parties' reports. The meeting encouraged the Committee on Economic, Social and Cultural and Rights to continue and, so far as possible, accelerate its normative elaboration of economic and social rights. In so doing, it is recommended that the Committee continue and expand its efforts to integrate fully gender factors in the conceptualization, interpretation and strategies for the implementation of these rights. The Committee should give further consideration to defining a gender-sensitive `minimum core content' in relation to each right protected by the Covenant. In this regard, the Committee should draw on the Convention on the Elimination of All Forms of Discrimination against Women and the work of the Committee on the Elimination of Discrimination against Women in its formulation of these standards. * All human rights treaty bodies are encouraged to keep under review their reporting guidelines to ensure that gender issues are fully considered in their work. * Human rights treaty bodies should review the guidelines for the integration of a gender perspective into human rights activities and programmes 44/ as they pertain to their work with a view to assessing their usefulness and of improving them through the development of practical strategies for their implementation. * Future editions of the United Nations Manual on Human Rights Reporting under Major International Human Rights Instruments 45/ must ensure that gender issues are fully reflected in the discussions relating to all human rights treaties covered by the Manual. * Human rights treaty bodies, in their elaboration of general comments and recommendations, are urged to interpret guarantees of economic and social rights in a way that will enhance women's enjoyment of these rights. The preparation of general comments on article 3 of the International Covenant on Economic, Social and Cultural Rights and of the International Covenant on Civil and Political Rights should be fully utilized to elaborate a gendered interpretation of the rights protected by the respective Covenants. * The Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women should consider issuing a joint general comment on the indivisibility of civil and political rights and economic, social and cultural rights and the centrality of gender awareness to the enjoyment of those rights as part of their celebration of the 50th Anniversary of the Universal Declaration of Human Rights. * Recognizing the effective contribution of the meeting of representatives of all the treaty bodies at Glen Cove in 1996 to discuss reproductive rights 46/, the meeting encouraged the treaty bodies or individual members of treaty bodies to meet with each other to explore thematic issues relating to women's enjoyment of economic and social rights. * Recognizing that the interpretation and normative elaboration of economic and social rights can benefit greatly from the experience and expertise of many specialized agencies, human rights treaty bodies should consider the practice of appointing individual members to liaise with specialized agencies or other intergovernmental bodies of most relevance to their respective mandate 47/. * In the provision of expert assistance to the Committee on Economic, Social and Cultural Rights pursuant to the Plan of Action to Strengthen the Implementation of the International Covenant on Economic, Social and Cultural Rights 48/, the High Commissioner for Human Rights should ensure that this expert assistance includes expertise in gender issues. * Human rights treaty bodies should invite representatives of international financial institutions and other international and multilateral development institutions to present to the Committees an analysis of the impact of their activities on women's enjoyment of economic and social rights in the light of international standards in general, and in relation to particular States. 3. Recommendations addressed to United Nations Charter- based bodies 71. The expert group meeting made the following recommendations: * All Charter-based bodies should pay greater attention and devote more time to economic and social rights, and the gender dimensions of these rights. * The Commission on the Status of Women should give further consideration to enhancing the communications procedure of the Commission to make it an effective instrument for remedying violations of women's human rights, including women's economic and social rights, in particular by increasing the transparency of the procedure and ensuring the independence of the body reviewing communications. * Following consideration by the Commission on the Status of Women and the Commission on Human Rights of the joint report to be prepared by the Division for the Advancement of Women and the Office of the High Commissioner for Human Rights on obstacles and progress in the field of women's rights relating to economic resources 49/, this matter should be kept under review in order to ensure progress in realizing women's economic and social rights. To that end, the Commission on the Status of Women should consider the appointment of a thematic Special Rapporteur in the field of women's economic and social rights whose mandate could be general or focussed on specific aspects of economic and social rights, such as extreme poverty. The Commission on Human Rights is also encouraged to appoint a similar Special Rapporteur 50/. * The Commission on Human Rights should continue to review the attention which Special Rapporteurs and other non-conventional mechanisms pay to gender issues. The Office of the High Commissioner for Human Rights, in cooperation with the Division for the Advancement of Women, should provide training and briefings to the Special Rapporteurs and other non-conventional mechanisms on the gender dimensions of their mandates, and the potential impact of their work on women's enjoyment of their economic and social rights. 4. Recommendations addressed to regional organizations 72. The meeting noted the important role played by regional human rights treaties and organizations in the promotion and protection of human rights at the regional level. It noted with regret the absence of a regional human rights treaty and organization in the Asia-Pacific Region, and expressed its support for initiatives aimed at the establishment of a treaty and an organization aimed at the protection of all human rights, including gender equality and economic and social rights. 73. The following recommendations are directed at the various regional bodies so as to reinforce the integration of women's full and equal enjoyment of their economic and social rights within the respective mandates of these bodies. a. Organization of African Unity (OAU) 74. The expert group meeting commended the OAU on the holistic approach adopted in the African Charter on Human and Peoples' Rights (1981) through the incorporation of civil, political, economic, social and cultural rights as well as developmental and environmental rights. It also noted with approval that all the rights are subject to the same communications procedure through the African Commission on Human and Peoples' Rights and are thus treated on an equal footing and as indivisible and interdependent. 75. The meeting expressed its support and encouragement for the establishment of an African Court on Human Rights as well as the adoption of an additional protocol to the African Charter on Human and Peoples' Rights concerning women's rights. Such a protocol has the potential to promote the full integration of gender factors both in the interpretation and supervision of the rights protected by the Charter. b. Organization of American States (OAS) 76. The meeting encouraged the speedy ratification and entry into force of the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights - Protocol of San Salvador (1988). It noted that only two of the rights in the Protocol concerning trade union rights (article 8) and the right to education (article 13) are subject to the individual petition procedures in the American Convention on Human Rights. While the extension of the application of petition procedures to economic and social rights is to be welcomed, it is recommended that the OAS explore extending these procedures to the other economic and social rights recognized in the Protocol of San Salvador. 77. As a Charter-based body, the Inter-American Commission on Human Rights has jurisdiction in respect of the economic and social rights recognized in the American Declaration on the Rights and Duties of Man (1948). It is recommended that the Commission make full use of its Charter-based functions in relation to these economic and social rights. 78. The meeting recommended strengthened collaboration between the Inter-American Commission on Women and the Inter-American Commission on Human Rights. c. Council of Europe 79. The expert group meeting recommended that the Council of Europe encourage Member States to ratify the revised European Social Charter (1996) as well as its Additional Protocol providing for a system of collective complaints (1995). In addition, it should treat the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter on an equal basis by requiring ratification of both conventions as a condition for membership in the Council of Europe. 80. The meeting noted with regret the absence of a procedure for the submission of individual complaints under the European Social Charter, and expressed the hope that the Additional Protocol to the European Social Charter providing for a system of collective complaints, expected to enter into force in 1998, would evolve towards a de facto procedure for dealing with individual complaints. 81. The meeting encouraged the Council of Europe to restart its negotiations relating to the elaboration and adoption of an additional protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms recognizing a fundamental right to equality between women and men as an independent, substantive right. 82. In view of the equal status and justiciability of all human rights, the meeting recommended that the Council of Europe aim to ensure that individual and collective complaints concerning violations of the economic and social rights in the European Social Charter are ultimately subject to adjudication by the European Court of Human Rights. d. European Union 83. The meeting urged the European Union to raise and consider the protection of economic and social rights, including gender equality in the enjoyment of these rights, within the normative framework of Community Law and in negotiations with States seeking membership in the Union. In so doing, the meeting noted that article 119 of the Treaty of Rome, guaranteeing equal remuneration for men and women, has served as an important example of a provision on gender equality having direct effect, also in relation to private employers. 84. The European Union should initiate a practice of preparing a report on the protection of economic and social rights in countries that are States parties to relevant international human rights treaties and as regards the legal framework of European Union law, based on the provisions of the European Social Charter, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination against Women. This report should be submitted to the relevant human rights treaty bodies, either by the European Union itself or annexed to reports by States parties to the treaties in question. 85. It is recommended that Council Resolution 12847/95 (Presse 374) on `Integrating Gender Issues in Development Cooperation' also be made applicable to all institutions of the European Union. 86. In the longer term, it is recommended that the European Union give serious consideration to either adopting its own Bill of Rights incorporating all human rights including economic and social rights and the right to equality between women and men, or securing the applicability of international human rights treaties as part of Community Law. In either case these human rights provisions should be subject to judicial control. 5. Recommendations addressed to specialized agencies of the United Nations system 87. An examination of the provisions of the International Covenant on Economic, Social and Cultural Rights reveals that the specialized agencies of the United Nations system are assigned a major role in the Covenant's implementation procedures. The large reserves of information, experience and expertise available in specialized agencies, including with regard to women's economic and social realities, could greatly assist the Committee in the fulfilment of its mandate. However, the expert group meeting noted that, with some notable exceptions, the specialized agencies have been slow to engage with the Committee on Economic, Social and Cultural Rights in a manner consistent with the Covenant's articles. In these circumstances, specialized agencies are urged to take active measures to enhance their engagement with the Committee in order to strengthen the Committee's attention to women's enjoyment of their economic and social rights. 88. To facilitate greater participation by specialized agencies, the Committee on Economic, Social and Cultural Rights should be encouraged to liaise closely with the agencies and identify specifically how the agencies can most usefully contribute to the Committee's work. In their turn, the specialized agencies should understand that their engagement with the Committee should be sustained and systematic, and not occasional and intermittent. For example, agencies might regularly provide detailed information about specific issues raised in periodic reports of States parties. 89. Specialized agencies, in particular the ILO, should conduct research to identify areas of women's work that are insufficiently covered by international norms and standards, and to contribute to the gender-sensitive interpretation of existing standards and norms. Particular attention should be paid to provide adequate standards of protection and promotion of women workers' rights in the informal sector. ILO constituents should devote increased attention to sexual harassment in the workplace as a violation of women's human rights, and as an obstacle to women's active participation in the world of work. ILO and other specialized agencies should further disseminate international standards and norms relating to women's economic and social rights, and encourage States to ratify or acceed to such instruments. 90. The expert group meeting noted with approval recent indications that specialized agencies are becoming more aware of, and committed to, the rights dimension of their mandates. In particular, the meeting welcomed the Rome Declaration on World Food Security and Plan of Action, agreed at the World Food Summit organized by FAO in 1996, which includes significant provisions on the right to food. All actors in the human rights community should seek to consolidate, utilize and develop further these encouraging initiatives. 91. Steps should be taken to integrate, where appropriate, a rights approach to the policies and programmes of specialized agencies. As in the case of UNICEF and the Convention on the Rights of the Child, this may include the elaboration of standards, whether by way of treaty or declaration, statements of principles, recommendations or other normative measures. 92. Despite the relevance of international human rights law to their work, many of the staff in specialized agencies have had limited exposure to international human rights norms, procedures and institutions, including standards and norms relating to gender equality. Thus, specialized agencies should be encouraged to sensitize staff to the human rights dimension of their work. 93. Specialized agencies, making full use of the expertise and support of gender units or focal points - such as the United Nations Division of the Advancement of Women - should institutionalize the mainstreaming of a gender perspective at all levels and in all areas. In the furtherance of this goal, specialized agencies should take steps such as the formulation of specific mainstreaming strategies for sectoral areas, the use of institutional directives rather than discretionary guidelines for gender mainstreaming, the use of gender analysis in all policy research and operational activities, and the establishment of instruments and mechanisms for monitoring and evaluation, such as gender-impact analysis methodologies. 94. Wherever possible, strategies to mainstream a gender perspective in specialized agencies should be closely linked to those measures which are designed to integrate a human rights dimension into the work of the agencies. 6. Recommendations addressed to non-governmental organizations (NGOs) 95. International NGOs have had a decisive impact on the evolution of human rights law. They play a crucial role in monitoring the implementation of these international norms. Historically, however, the international NGO community has neglected both economic and social rights, and gender issues. It is of the first importance that international NGOs both reflect gender equality objectives in their policies and programmes, and fully integrate economic and social rights into their activities. 96. Noting that one of the roles of international NGOs is to channel information from national NGOs to international human rights bodies, and that another is to pass information from the international level to national NGOs, the meeting recommended that whenever possible, international NGOs should facilitate the attendance of national NGOs at meetings of international human rights bodies. 97. The expert group meeting encouraged NGOs to submit to human rights treaty bodies `shadow' reports on economic and social rights. Such `shadow' reports should include a gender analysis. Further, when submitting information to United Nations special procedures and mechanisms on human rights, gender-specific information should be included. 98. National NGOs, especially NGOs not in consultative status with the Economic and Social Council, should be encouraged to contribute in innovative ways to the work of United Nations human rights treaty bodies, and particularly to their consideration of States parties reports. 99. Neither international NGOs nor their national partners should confine their activities to the traditional international human rights institutions, such as UN treaty- based and Charter-based bodies. They should also target other international bodies and processes with a significant economic and social rights and gender dimension, such as the ILO, WHO, FAO, UNESCO, World Bank (including its Inspection Panel), and the World Trade Organisation. 100. The expert group meeting, noting that women's groups have raised the profile of women's rights in the United Nations, recommended that economic and social rights occupy an integral and prominent place in their activities. 101. International and national NGOs should use the standards set in international human rights instruments in the measurement of Government performance even where Governments have not subscribed to these standards. 102. Development agencies and other funding bodies should consider providing resources to strengthen NGO work in the realm of gender and economic and social rights issues. 7. Recommendations addressed to international and regional financial and trade institutions 103. The meeting urged international and regional trade and financial institutions to ensure that their policies, directives and other outputs enhance women's enjoyment of economic and social rights. This would require as a first step the identification of key gender equality objectives as integral part of the overall policy goals of these institutions. a. World Trade Organization 104. The expert group meeting recognized that trade and development policies have a significant impact on women's enjoyment of economic and social rights. The meeting was also conscious that the World Trade Organization (WTO) collaborates with other bodies, such as UNDP, UNCTAD, the World Bank and IMF, in the provision of technical assistance to less developed countries. The meeting recognized the impact of such initiatives on women's access to credit and other resources. Moreover, the WTO has the primary role of monitoring implementation of the Uruguay Round. 105. The expert group meeting urged the WTO to take measures to promote women's enjoyment of their economic and social rights and to facilitate the successful implementation of the Beijing Platform of Action, with particular reference to paras. 165(p), 258(a) and b(iii) and (iv), 288, 306 and 343. These measures should include: (1) incorporating gender awareness in technical assistance programmes; (2) undertaking gender impact analysis to determine the differential impact of trade liberalization on the enjoyment of economic and social rights by men and women; (3) integrating gender analysis (including data disaggregated by sex) in WTO's review and assessment of national trade policies; (4) ensuring that trade policies promote equal pay for equal work and work of equal value and non-discrimination for women workers; (5) facilitating NGO involvement in the work of the WTO, for example by enhancing transparency within the Organization; (6) in relation to Missions' trade policy reviews, encouraging more consultation with civil society, especially women's NGOs. b. International financial institutions 106. The expert group meeting noted the negative effect of certain policies of international financial institutions on women's enjoyment of economic and social rights and considered how international human rights law impinges upon the policies and programmes of these institutions, making recommendations in that regard. 107. The meeting was of the view that the human rights obligations of States may extend to their collective participation in international organizations. Thus, States parties to the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights are obliged to ensure that the policies and programmes of financial institutions to which they belong do not violate the rights they have bound themselves to respect as States parties to those treaties. In addition, they should encourage the financial institutions to adopt policies which enhance and improve women's full and equal access to economic and social rights. Human rights treaty bodies, in the course of the periodic reporting procedure, should be encouraged to monitor the adequacy of the steps taken by Member States of international financial institutions to ensure that their policies and programmes are consistent with the rights in question where those Member States are States parties to human rights treaties. 108. The meeting noted the importance of further research in this context, and in particular regarding the degree to which international human rights obligations are binding directly, and not only derivatively through States, upon international financial institutions. It recommended that the United Nations human rights system prepare an authoritative study on the relationship between global financial institutions and international human rights norms. It suggested that the Commission on the Status of Women or the Commission on Human Rights could request that such a study be prepared by the Division for the Advancement of Women, in conjunction with the Office of the United Nations High Commissioner for Human Rights. 109. The meeting recommended that human rights treaty bodies, particularly the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights, consider inviting the World Bank to submit a report to them which would examine the impact of World Bank policies and programmes on women's enjoyment of economic and social rights. 110. The meeting urged all interested parties to utilize the opportunities provided by the establishment of the World Bank Inspection Panel to promote and protect women's enjoyment of economic and social rights. 111. The meeting recommended that the World Bank and other international financial institutions integrate human rights impact assessments and gender impact analysis into the programme formulation procedures of the Organization. c. Regional and sub-regional trade blocks 112. The meeting recognized the influence of regional and sub- regional trade blocks in all parts of the world on the formulation of economic and trade policies that have a direct as well as indirect impact on women's enjoyment of economic and social rights. The meeting recommended that particular attention should be be paid to these rights by such trade blocks with regard to the respect for, protection, promotion and fulfillment of women's economic and social rights reflected in international and regional human rights instruments and in global and regional policy instruments 51/. d. Transnational corporations (TNCs) 113. The meeting underlined that the activities of transnational corporations are such that they require action at the national and international level to encourage and enforce conduct conducive to women's enjoyment of economic and social rights 52/. 114. The expert group meeting recommended that the United Nations human rights system prepare an authoritative study on the relationship between transnational corporations and international human rights norms, including the utility of codes of conduct promulgated by transnational corporations and other bodies. The Commission on the Status of Women or the Commission on Human Rights could request that such a study be prepared by the Division for the Advancement of Women in conjunction with the Office of the United Nations High Commissioner for Human Rights. ANNEX I List of participants EXPERTS Ms. Feride ACAR Professor Department of Political Science and Public Administration Middle East Technical University Ankara, 06531, Turkey Fax: (90-312) 210-1107 email: acar@rorqual.cc.metu.edu.tr Member, Committee on the Elimination of Discrimination against Women Ms. Shanti DAIRIAM Director IWRAW - Asia Pacific 2nd Floor, Block F, Anjung FELDA Jalan Maktab 54000 Kuala Lumpur, Malaysia Fax: (603) 292 9958 email: iwraw@po.jaring.my Mr. Cees FLINTERMAN Professor of International Law Maastricht University International and European Law Department 6200 MD Maastricht The Netherlands Fax: (31-43) 325 7818 email: c.flinterman@ir.unimaas.nl Mr. Paul HUNT Senior Lecturer in Law School of Law University of Waikato PB 3105 Hamilton, New Zealand Fax: (64-7) 838-4417 email: paulhunt@waikato.ac.nz Ms. Erzsebet KARDOS-KAPONYI Professor of Law Budapest University of Economic Sciences Department for International Relations H-1092 Budapest, Kinizsi u. 1-7, Hungary Fax: (36-1) 217-96-88 email: eu_tempus@pegasus.bke.hu Ms. Akua KUENYEHIA Associate Professor and Dean Faculty of Law University of Ghana Legon, Ghana Fax: (233) 21 223-024 email: akua-k@ug.gn.apc.org Ms. Susana LASTARRIA-CORNHIEL Programme Coordinator Land Tenure Centre University of Wisconsin 1357 University Avenue Madison, WI 53715, USA Fax: (608) 262-2141 email: susana@macc.wisc.edu slastarr@facstaff.wisc.edu Ms. Sandra LIEBENBERG Senior Researcher University of Western Cape Community Law Centre Belville, Cape Town 7535, South Africa Fax: (21) 959 2411 email: slieb@iafrica.com (home) slieben@law1.uwc.ac.za (office) Ms. WU Ganmei Secretary General China Women's Association for Science and Technology 44 Kexueyuan Nanlu, Haidian Beijing 100086 People's Republic of China Fax: (86-10) 6257 5690, 6257 5691 email: ciefs@public3.bta.net.cn, or: hejian1@public.bta.net.cn MEETING ORGANIZERS United Nations Division for the Advancement of Women Ms. Jane CONNORS Chief, Women's Rights Unit United Nations Division for the Advancement of Women DC 2 - 1226 New York, NY 10017, USA Fax: (212) 963-3463 Ms. Christine A. BRAUTIGAM Social Affairs Officer UN Division for the Advancement of Women DC 2 - 1206 New York, NY 10017, USA Fax: (212) 963-3463 CONSULTANT Mr. Martin SCHEININ Professor of Law University of Helsinki Visiting Professor at University of Toronto Law Faculty PO Box 4 FIN-00014 Finland Fax: (358-9) 191 23076 email: martin.scheinin@helsinki.fi Institute for Human Rights ¸bo Akademi University Ms. Sia Spiliopoulou ¸KERMARK Director Institute for Human Rights ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo, Finland Fax: (358 2) 265-4699 Ms. Catarina KRAUSE Deputy Director Institute for Human Rights ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo, Finland Fax: (358 2) 265-4699 Staff of the Institute for Human Rights ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo Fax: (358 2) 265-4699 Ms. Lisa GRANS Departmental Secretary Ms. Kristiina VAINIO Meeting Assistant Ms. Annika LINDROOS Meeting Assistant Ms. Heli NIEMI Meeting Assistant Mr. Mikael PAANANEN Conscientious Objector OBSERVERS FROM THE UNITED NATIONS SYSTEM Ms. Simonetta CAVAZZA Women in Development Programme International Training Centre of the ILO Corso Unit… d'Italia 125 10127 Turin, Italy Fax: (39 11) 6936 350 email: WID@itcilo.it Ms. Myriam TEBOURBI Office of the United Nations High Commissioner for Human Rights CH-1211 Geneva, Switzerland Fax: (41 22) 917 02 12 email: mtebourbi.hchr@unog.ch OBSERVERS FROM GOVERNMENTS Ms. P„ivi PIETARINEN Legislative Counsellor Ministry for Foreign Affairs Legal Department/Human Rights Unit PO Box 176 00161 Helsinki, Finland Fax: (358-9) 1341 5707 Ms. Pirjo SUOMELA-CHOWDHURY Attach‚ Ministry for Foreign Affairs Political Department/POL-41 PO Box 176 00161 Helsinki, Finland Fax: (358-9) 1341 6055 Ms. Kirsten MLACAK Coordinator, International Women's Equality Human Rights Division Department of Foreign Affairs and International Trade Ottawa, Ontario, Canada KIA OG2 Fax: (613) 943-0606 email: kirsten.mlacak@extott23.x400.gc.ca Ms. Auli NUKARINEN Representative of the Holy See Finnish Catholic Church Rehnbinderintie 21 FIN-00150 Helsinki, Finland Ms. Anne Mette Maria LEBECH Representative of the Holy See c/o Permanent Observer Mission of the Holy See to the United Nations 25 East 39th Street New York, NY 10016-0903 OBSERVERS FROM OTHER ORGANIZATIONS, NGOs AND CIVIL SOCIETY Ms. Susanne BILLUM Ms. St‚phanie MARSAL Council of Europe Directorate of Human Rights Strasbourg, France Fax: (33-388) 41 37 00 Mr. Andrew BYRNES Director, Centre for Comparative and Public Law University of Hong Kong Department of Law Hong Kong Fax: (852) 2559 3543 email: abyrnes@hkusua.hku.hk Mr. Richard STRICKLAND PROWID Project Director International Center for Research on Women 1717 Massachussetts Avenue, NW, Suite 302 Washington, DC 20036, USA Fax: (202) 797-0020 Richard@icrw.org Ms. Anneli JONEKEN Disabled Peoples' International Kistav„gen 7 S-192 67 Sollentuna, Sweden Fax: (46 8) 626 8567 email: anneli@joneken.se Ms. Leena KANKAINEN Zonta International Haukkamaenkatu 4A6 FIN-33560 Tampere, Finland Fax: (358-3) 212-2189 Ms. Leena KIRJAVAINEN WIDAGRI Consultants Ltd. Runeberginkatu 19 B 22 FIN-00100 Helsinki, Finland Fax: (358 9) 121 394 Ms. Sonja W™LTE Women's International League for Peace and Freedom International Secretariat 1, rue de Varemb‚, CP 28 1211 Geneva 20, Switzerland Fax: (41 22) 740 10 63 email: womensleague@gn.apc.org Ms. Hilkka PIETILˇ Women in Development Europe (WIDE) Finnish Women in Development (FINWID) Jussaaren Kuja, 5N 134 00840 Helsinki, Finland Fax: (358 9) 698-1288 Dr. Mariama WILLIAMS Programme Officer, Economics and Trade Women in Development Europe (WIDE) Rue du Commerce 70 B-1040 Brussels, Belgium Fax: (32 2) 512 73 42 Ms. Kirsi PIMIˇ International Council of Women Association of Women Lawyers FIN-00102 Eduskunta, Finland Fax: (358 9) 432 2722 Ms. Maija SAKSLIN KATTI PO Box 4 00014 University of Helsinki, Finland Fax: (358-9) 191 233 90 Ms. Eeva YRJˇNˇINEN Soroptimist International Rykmentintie 43 as 26 FIN-20880 Turku, Finland Ms. Tuula TERVASHONKA Amanuensis, Research Assistant Nordic Institute for Environmental and Minority Law PO Box 122 96101 Rovaniemi, Finland Fax: (358 16) 324 590 Ms. Hanna VUOKKO Assistant Professor Department of Law ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo, Finland Ms. Kati FROSTELL Senior Researcher Institute for Human Rights ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo, Finland Mrs. Harriet NYBACK-ALANEN Information Specialist Institute for Human Rights ¸bo Akademi University Gezeliusgatan 2 FIN-20500 Turku/¸bo, Finland Ms. Sanna HYTTINEN Law Student Kupittaankatu 29 A 10 FIN-20700 Turku/¸bo, Finland ANNEX II List of documents Information papers EGM/WESR/1997/INF.1 Information note for experts/observers EGM/WESR/1997/INF.2 /Rev.2 Programme of work EGM/WESR/1997/INF.3 List of participants EGM/WESR/1997/INF.4 List of documents Background papers EGM/WESR/1997/BP.1 Women's enjoyment of their economic and social rights: conceptual framework for the discussion Prepared by Prof. Martin Scheinin, University of Helsinki/¸bo/Toronto, Consultant to the Division for the Advancement of Women EGM/WESR/1997/BP.2 Promoting women's enjoyment of their economic and social rights in the framework of the Platform for Action Prepared by the United Nations Division for the Advancement of Women Experts' papers EGM/WESR/1997/EP.1 Gender equality in the enjoyment of socio- economic rights: a case study of the South African Constitution Prepared by Sandra Liebenberg, Community Law Centre, University of the Western Cape EGM/WESR/1997/EP.2 Gender, land rights and privatization: experiences in Africa and Eastern Europe Prepared by Susana Lastarria-Cornhiel, Land Tenure Centre, University of Wisconsin EGM/WESR/1997/EP.3 Social rights are women's rights Prepared by Paul Hunt, University of Waikato EGM/WESR/1997/EP.4 Measuring the enjoyment of economic and social rights by women and the question of justiciability Prepared by Cees Flinterman, University of Maastricht EGM/WESR/1997/EP.5 Possibilities offered by the Convention on the Elimination of All Forms of Discrimination against Women for the promotion and protection of women's economic and social rights Prepared by Feride Acar, Middle East Technical University, Ankara, CEDAW expert EGM/WESR/1997/EP.6 Realizing women's enjoyment of their economic and social rights: experiences from working with grassroots organizations Prepared by Shanti Dairiam, IWRAW Asia Pacific EGM/WESR/1997/EP.7 The enjoyment by women in Africa of economic and social rights, and interlinkages with development: a regional case study Prepared by Akua Kuenyehia, University of Ghana EGM/WESR/1997/EP.8/ Rev.1 The enjoyment of economic and social rights by women of Eastern and Central Europe: a regional case study Prepared by Erzsebet Kardos-Kaponyi, Budapest University of Economic Sciences EGM/WESR/1997/EP.9 Women's enjoyment of economic and social rights in China: a case study Prepared by Wu Ganmei, China Women's Association for Science and Technology Observers' papers EGM/WESR/1997/OP.1 Promoting enjoyment by women with disabilities of their economic, social and cultural rights. Paper presented by Disabled Peoples' International EGM/WESR/1997/OP.1 Add.1 Women with disabilities and the United Nations conventions. Paper presented by Anneli Joneken, Disabled Peoples International EGM/WESR/1997/OP.2 Promoting women workers' rights: actions and experiences of the ILO and its International Training Centre. Paper prepared by Simonetta Cavazza, Women in Development Programme International Training Centre of the ILO, Turin EGM/WESR/1997/OP.3 Legal guarantees for the enforcement of women's economic and social rights offered by the European Social Charter. Statement by Ms. Susanne Billum, Chief Legal Officer, Ministry of Social Affairs, Sweden, Former Vice-President of the Committee of Independent Experts of the European Social Charter EGM/WESR/1997/OP.4 Promoting women's enjoyment of their social and economic rights. Intervention by Anne Mette Naria Lebech, representative of the Holy See EGM/WESR/1997/OP.5 Statement by Women's International League for Peace and Freedom ANNEX III Agenda and programme of work Expert Group Meeting on Promoting Women's Enjoyment of their Economic and Social Rights Institute for Human Rights ¸bo Akademi University ¸bo/Turku, Finland 1-4 December 1997 Monday, 1 December 1997 Plenary session 9:00 - 10:00 Registration 10:00 - 11:00 Opening of the meeting and opening statements Presentation of experts Election of officers Adoption of programme of work 11:30 - 12:00 Coffee break 12:00 - 1:00 Presentation of background papers 1. Consultant's paper 2. UN Secretariat paper 1:00 - 2:30 LUNCH BREAK 2:30 - 4:00 Presentation of experts' papers, followed by a general discussion 1. Social rights and gender factors that impact on women's full enjoyment of such rights: Mr. Paul Hunt, University of Waikato, New Zealand 2. Measuring the enjoyment of economic and social rights by women, and the question of justiciability: Mr. Cees Flinterman, University of Maastricht, Netherlands 3. Gender equality and socio-economic rights, including the constitutional protection of such rights: Ms. Sandra Liebenberg, University of Western Cape, South Africa 4:00 - 4:30 Coffee break 4:30 - 6:30 Presentation of experts' papers, followed by (4:30-5:30) general discussion (continued) 4. Women's enjoyment of property/ownership rights, with particular emphasis on land rights and the implications of gender discrimination: Ms. Susana Lastarria-Cornhiel, University of Wisconsin, USA (Peru) 5. Possibilities offered by the CEDAW Convention for the promotion and protection of women's economic and social rights: Prof. Dr. Feride Acar, CEDAW expert, Turkey (5:30-6:30) 6. The role of economic and social rights in the achievement of gender equality for women in Africa, and interlinkages of such rights with development - a regional case study: Prof. Akua Kuenyehia, University of Ghana at Legon 7. The enjoyment of economic and social rights by women of Eastern and Central Europe - a regional case study: Prof. Erzsebet Kardos- Kaponyi, Budapest University of Economic Sciences, Hungary Tuesday, 2 December 1997 Plenary session 9:00 - 10:30 Presentation of experts' papers, followed by (9:00-10:00) general discussion (continued) 8. Women's enjoyment of economic and social rights in China - a case study: Ms. Wu Ganmei, China Women's Association for Science and Technology, China 9. A practical approach to realizing women's enjoyment of economic and social rights: experiences from working with grass roots organizations: Ms. Shanti Dairiam, Director, IWRAW Asia Pacific, Malaysia Followed by: Presentation of observers' papers 10:30 - 11:00 Coffee break 11:00 - 12:30 Presentation of observers' papers (continued) General discussion 12:30 - 2:30 LUNCH BREAK 2:30 - 6:00 General discussion (continued) Wednesday, 3 December 1997 9:00 - 10:30 General discussion (continued) 10:30 - 11:00 Coffee break 11:00 - 12:30 Working groups 12:30 - 2:30 LUNCH BREAK 2:30 - 4:00 Working groups 4:00 - 4:30 Coffee break 4:30 - 6:00 Reports of working groups (plenary) Thursday, 4 December 1997 9:00 - 10:30 Drafting of recommendations and of the Report 10:30 - 11:00 Coffee break Plenary session 11:00 - 12:30 Finalization of the Report 12:30 - 2:30 LUNCH BREAK 2:30 - 4:00 Finalization of the Report 4:30 - 5:00 Adoption of the Report Closing Ceremony and Reception Notes 1/ Article 3 of the Covenant reads: "The States parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant". 2/ 10 VDPA Part I, para. 5. 3/ PfA, paras. 212 and 213. 4/ The Committee was established in accordance with Economic and Social Council resolution 1985/17 of 28 May 1985. 5/ For example, General Comment No. 4 (sixth session, 1991) on the right to adequate housing. 6/ For example General Recommendation No. 21 on equality in marriage and family relations, para. 30 on marital property. 7/ In its description of quantitative aspects, a background paper on "Promoting women's enjoyment of economic and social rights in the framework of the Platform for Action", prepared for the meeting by the Division for the Advancement of Women, EGM/WESR/1997/BP.2, draws primarily on the 1997 Human Development Report of UNDP and its gender empowerment measure and gender development indices, the 1994 World Survey on the Role of Women in Development, and The World's Women 1995. With regard to qualitative aspects, the background paper draws on aspects developed in academic literature to identify structural and contextual aspects that impact on women's enjoyment of socio-economic rights. 8/ PfA, para. 222. 9/ Res 19/1997 on 'Women and the right to adequate housing and to land and property'. 10/ PfA, para. 225. 11/ VDPA Part II, para. 2; General Comment No. 2 (fourth session, 1990), para. 8(d) of the Committee on Economic, Social and Cultural Rights. 12/ PfA, paras. 342 and 343. 13/ This point is also emphasized in the Maastricht Guidelines, point 24, see infra para. 31. 14/ The requirement of taking specific measures to achieve results are spelled out in General Comment No. 3 (fifth session, 1990), paras. 2 and 9, of the Committee on Economic, Social and Cultural Rights. 15/ General Comment No. 3 (fifth session, 1990), para. 10. 16/ Para. 72 (c) and (d) of the Limburg Principles, and para. 15(h) and (i) of the Maastricht Guidelines. The Limburg Principles are contained in UN Doc. E/CN.4/1987/17, Annex. The purpose of the Limburg Principles is to strengthen realization of economic, social and cultural rights. They were adopted by a meeting of experts in international law, gathered to consider the nature and scope of obligations of States parties to the International Covenant on Economic, Social and Cultural Rights. It was convened in 1986 by the International Commission of Jurists, the Maastricht Centre for Human Rights of the University of Limburg (the Netherlands), and the Urban Morgan Institute for Human Rights, College of Law, University of Cincinnati (Ohio, USA). Ten years after the adoption of the Limburg Principles, the same organizers convened a workshop to focus specifically on the relevance of a `violations approach' in order to strengthen monitoring of the Covenant on Economic, Social and Cultural Rights. The Maastricht Guidelines were adopted by that meeting. A publication on the Maastricht Guidelines is forthcoming. 17/ Agreed Conclusions 1997/1 of 18 July 1997. 18/ The preamble notes that "the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole." 19/ See, inter alia, paras. 156 and 158, and strategic objective F.3 ("Promote harmonization of work and family responsibilities for women and men"). 20/ PfA, para. 217. 21/ Strategic objective I.3 of the Platform for Action. 22/ See, inter alia, VDPA paras. 1 and 4, and PfA, para. 213. 23/ Articles 6 and 7. 24/ Article 11. 25/ See also PfA, para. 58 (g), and paras. 38 (c) and (j) of the Programme of Action of the World Summit for Social Development. 26/ PfA, para. 293, states that "Governments have the primary responsibility for implementing the Platform for Action". 27/ PfA, para. 297. 28/ According to para. 230 (d) of the PfA, Governments should "[C]onsider drawing up national action plans identifying steps to improve the promotion and protection of human rights, including the human rights of women, as recommended by the World Conference on Human Rights". 29/ The World's Women 1995, Trends and Statistics. United Nations Publication 1995, ST/ESA/STAT/SER.K/12, Sales No. E.95.XVII.2. 30/ PfA, Strategic objective H.3 ("Generate and disseminate gender-disaggrgated data and information for planning and evaluation"). 31/ As called for in PfA, para 68, (b). 32/ PfA, para. 143(b) envisages, inter alia, the reduction of excessive military expenditures so as to permit the possible allocation of additional funds for social and economic development, in particular for the advancement of women. 33/ PfA, para. 349. 34/ See General Comment No. 3, para. 10 (fifth session, 1990) of the Committee on Economic, Social and Cultural Rights. 35/ PfA, para. 297. 36/ PfA, Strategic objective I.3 ("Achieve legal literacy"). 37/ PfA, para. 291. 38/ See General Comment No. 3 (fifth session, 1990), para. 10, of the Committee on Economic, Social and Cultural Rights. 39/ Agenda for Development, paras. 101 and 126. 40/ See also PfA, paras. 245 (a) and (c). 41/ The Platform for Action calls for the development of human rights education programmes in para. 230 (f), and for the achievement of legal literacy in strategic objective I.3. 42/ PfA, para. 165 (l). 43/ See, inter alia, Agreed Conclusions 1997/1 on mainstreaming a gender perspective into all policies and programmes in the United Nations system, adopted by the Economic and Social Council on 18 July 1997; resolution 41/6 on mainstreaming a gender perspective into all policies and porgrammes in the United Nations system, adopted by the Commission on the Status of Women on 21 March 1997; resolution 1997/43 on integrating the human rights of women throughout the United Nations system, adopted by the Commission on Human Rights on 11 April 1997. 44/ Report of the expert group meeting on the development of guidelines for the integration of a gender perspective into human rights activities and programmes, UN doc. E/CN.4/1996/105, annex. 45/ HR/PUB/91/1/Rev.1. 46/ Meeting organized jointly by the United Nations Division for the Advancement of Women, the United Nations Population Fund (UNFPA), and the High Commissioner/Centre for Human Rights, 9-11 December 1996, Glen Cove, New York. 47/ See also para. 88 below. 48/ Contained in UN doc. E/1997/L.62, Chapter III. 49/ Resolution 1997/11 of 3 April 1997, adopted by the Commission on Human Rights. The resolution requests that a report "on the obstacles encountered and progress achieved in the field of women's rights relating to economic resources, the elimination of poverty and economic development, in particular for women living in extreme poverty" be submitted to the Commission on Human Rights at its fifty-fourth session (1997). The report is also to be submitted to the Commission on the Status of Women at its forty-second session (1997). 50/ See also CHR res. 1997/17 where the Commission noted the proposal of the Committee on Economic, Social and Cultural Rights on such rapporteur, and requested the Secretary-General to report on this matter to the Commission at its fifty-fourth session. 51/ In addition to international norms and standards and global policy instruments such as the Platform for Action, reference was made in particular to the five regional plans and platforms of action adopted in preparation for the Beijing Conference and which all include women's economic and social rights as a source for guiding the policies of such trading blocks. These are: Jakarta Declaration and Plan of Action for the Advancement of Women in Asia and the Pacific; African Platform for Action; Regional Programme of Action for the Women of Latin America and the Caribbean; Arab Plan of Action for the Advancement of Women to the Year 2000; and Regional Platform for Action - Women in a Changing World - Call for Action from an ECE perspective. UN docs E/CN.6/1995/5, and Add.1 -5. 52/ See paras. 61 and 62 above.