WUNRN
From
the Introduction of the Montreal Principles:
"Sex
or gender inequality is a problem experienced primarily by women. The systems
and assumptions which cause women's inequality in the enjoyment of economic,
social and cultural rights are often invisible because they are deeply embedded
in social relations, both public and private, within all States. Acknowledging
this systemic and entrenched discrimination is an essential step in
implementing guarantees of non-discrimination and equality."
............................................................................................................................................................................................
The Working Group on Women's ESCR
was created at the beginning of ESCR-Net, together with the online discussion
group, to provide a forum for women's economic, social and cultural rights
activists and advocates to share strategies and develop a common agenda for
women's economic and social equality.
The Working Group on Women's ESCR drafted The Montreal Principles on Women's Economic, Social and Cultural Rights to guide interpretation and implementation of the rights found in the International Covenant on Economic, Social and Cultural Rights (ICESCR) so that women can enjoy them fully and equally. The Principles are particularly helpful in providing clear guidance to States eager to understand and achieve substantive equality for women, including via temporary special measures. These Principles are now being utilized by a number of groups in their ongoing advocacy and analysis.
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From AWID - http://www.awid.org
http://www.awid.org/go.php?stid=841
What are the ‘Montréal Principles’ and How Can We Use Them to Promote Women’s Rights and Gender
Equality?
A discussion of the ‘Montréal Principles on Women’s Economic Social and Cultural Rights’ and different ways that the principles can be used to promote women’s rights and gender equality.
By Alison Symington
What are the ‘Montréal Principles’?
The Montréal Principles on Women’s Economic, Social and Cultural Rights were
adopted at a meeting of international law experts which was held in Montréal,
Canada, December 7-10, 2002. The set of principles are offered as a guide to
the interpretation and implementation of guarantees of equality and
non-discrimination in economic, social and cultural rights so that women can
fully enjoy their human rights. The principles can serve as an interpretative
guide to governments and courts, an advocacy tool for activists at all levels,
a training tool for gender equality advocates, and a useful reference for
women’s human rights advocates, policy-makers and researchers.
What are Women’s Economic, Social and Cultural Rights?
Women’s economic, social and cultural rights are a group of rights which are
recognized in both international law and in the domestic laws of many
countries. They include such things as the right to: an adequate standard of
living; the highest attainable standard of mental and physical health,
including reproductive and sexual health and freedom; equal inheritance and
ownership of land and property; freely chosen work as well as just and
favourable work conditions; a clean and healthy environment; and nationality,
among other things. This category of rights is particularly important to
women’s equality and empowerment because women have different needs and
experiences than men in social, economic and cultural spheres, they suffer
extensive discrimination in these spheres, and they often have the most at
stake when these rights are not protected.
The primary international treaty which enumerates economic, social and cultural
rights is the International Covenant on Economic, Social and Cultural Rights
(ICESCR), which has been signed by over 150 countries. The ICESCR guarantees
gender equality, stating that the rights in the covenant will be exercised
without discrimination of any kind [Article 2(2)] and also that the governments
who have signed the covenant undertake to ensure that women and men have equal
rights to enjoy these rights [Article 3].
The ICESCR is not, however, the only document which includes economic, social
and cultural rights; they are found in domestic legislation, national
constitutions, regional agreements such as the American Convention on Human
Rights, and other international human rights treaties and declaration such as
the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and the Beijing Declaration and Program of Action.
Why are the ‘Montréal Principles’ an innovative tool?
The human rights guarantees included in the above mentioned treaties are only
words on paper unless they are interpreted in a meaningful way and used by
people to improve their lives. The ‘Montréal Principles’ are helpful to gender
equality advocates in that they provide guidance as to what the rights can
really mean in the context of women’s real lives today and they consolidate
legal doctrines and authoritative interpretations, which advocates can draw on
in their advocacy, into one accessible tool.
The ‘Montréal Principles’ include: - a discussion of the current climate of
neoliberalism and economic globalization, including state obligations with
respect to trade agreements, international financial institutions, development
projects, privatization, and transnational corporations; - definitions and
citations of women’s various economic, social and cultural rights; - an
explanation of non-discrimination, substantive equality and intersectionality;
- a catalogue of government’s responsibilities to respect, protect, fulfill and
promote women’s exercise and enjoyment of their rights; - a list of different
types of actions that constitute violations of women’s equal enjoyment of their
economic, social and cultural rights and various mechanisms and remedies for
such violations; and - a discussion of the sex and gender inequality
experienced by women in the world today.
The ‘Montréal Principles’ contribute to the on-going development of the
understanding and implementation of economic, social and cultural rights in a
gender conscious way and translate the needs and aspirations of women “on the
ground” into the format and language which is used in courts and the UN human
rights committees. For all of these reasons, the ‘Montréal Principles’ will be
an important tool in the catalogue of tools gender advocates have available to
bring about meaningful change.
How can Gender Equality Advocates Use the ‘Montréal Principles’?
The many possible uses of the ‘Montréal Principles’ are really only limited by
the imagination of those of us who choose to use them. It is through extensive
use and reference to them by decision-makers that they will gain their authoritative
status, and through creative use and translation into styles that are
accessible and adaptable to local needs that they will gain their life.
Here are just a few ideas: - human rights educators could use the ‘Montréal
Principles’ as the basis for a training module on women’s economic, social and
cultural rights; - legal advocates could refer to the ‘Montréal Principles’ in
domestic constitutional litigation in countries that look to international law
for interpretive guidance; - the ‘Montréal Principles’ could be used to inform
the targets and indicators set in rights-based development projects; - they
could be used to establish standards and demonstrate short-comings in shadow
reports to UN Human Rights committees and in policy recommendations to governments;
- the ‘Montréal Principles’ could be translated into accessible language and
used in local advocacy activities, campaign development, research projects,
policy analysis, etc.; and - they could be used in strategic dialogue sessions
between different sectors of civil society to highlight the intersections
between issues and to help identify strategic openings for co-ordinated
actions.
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