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PDF File is attached for the MONTREAL PRINCIPLES ON WOMEN'S ECONOMIC, SOCIAL AND CULTURAL RIGHTS.

 

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."

 

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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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