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REPORT OF THE UN WORKING GROUP ON DISCRIMINATION AGAINST WOMEN IN LAW & IN PRACTICE TO THE HUMAN RIGHTS COUNCIL 2014

 

Website of the Working Group: http://www.ohchr.org/EN/Issues/Women/WGWomen/Pages/WGWomenIndex.aspx

 

Direct Link to Full 23-Page Report:

http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A-HRC-26-39_en.doc

 

 

United Nations

A/HRC/26/39

General Assembly

Distr.: General

1 April 2014

 

Original: English

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Human Rights Council

Twenty-sixth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

           Report of the Working Group on the issue of discrimination against women in law and in practice

                 Thematic report

Summary

       This report addresses discrimination against women in economic and social life, with a focus on economic crisis.

       Discriminatory legislation in a number of States continues to obstruct women’s enjoyment of equal rights and access to economic opportunity and resources. The roles and responsibilities assigned to women and men on the basis of stereotypes relegate women to a subordinate status and limit their economic opportunities. A significant number of countries have adopted anti-discrimination measures, but these have not resulted in equality of opportunity in women’s economic and social lives. Women are disproportionately concentrated in informal and precarious employment; they are exposed to multiple forms of discrimination; the wage gap persists; maternity protections have not been fully and effectively implemented; and in many countries women do not have equal rights and access to resources. There has been little attention the negative impacts of the business sector on women’s enjoyment of human rights. Care functions are disproportionately allocated to women and create a major barrier to women’s full participation in economic market activity. Violence against women is another obstacle to women’s equal opportunity. Austerity measures taken by some States in response to economic crisis have had a disparate impact on women, increasing the precarity of their employment and their burden of unpaid care work. The Working Group calls for the establishment of gender-responsive and effective accountability systems at the international, regional and national levels to eliminate all forms of de facto discrimination against women.

 

THEMATIC ANALYSIS: ELIMINATING DISCRIMINATION AGAINST WOMEN IN ECONOMIC & SOCIAL LIFE WITH A FOCUS ON ECONOMIC CRISIS

 

1.      This report focuses on the gender aspects of economic and social rights.[1][1] These rights have particular significance for women, who are disproportionately affected by economic and social marginalization and poverty. Women’s right to equality in economic and social rights is substantive, immediate and enforceable. It concerns the division of existing resources, not the development of resources, and therefore the principle of progressive realization does not apply. The State has an obligation of due diligence to prevent discrimination against women in economic and social life by private persons or entities. Furthermore, temporary special measures may be required to accelerate the achievement of de facto equality. In preparing this report, the Working Group availed itself of a wealth of information gathered through a survey that elicited 70 Governments’ replies and other stakeholders’ inputs, and global and specialized background papers. All this information is available on the Working Group’s web page.[2][2] The Working Group also endeavoured to identify good practices that will inform the compendium of good practices mandated in paragraph 18 (b) of Human Rights Council resolution 15/23.





     [1][1]         This report has minimal footnotes due to word limit restrictions. A version of the report with full references and a bibliography for each section is available at www.ohchr.org/EN/Issues/Women/WGWomen/Pages/Discriminationagainstwomenineconomicandsociallifeafocusoneconomiccrisis.aspx.

[2][2]  Ibid.