In addition to articles 2 (1) and 3 on non-discrimination (which are mirrored
in arts. 2 (2) and 3 of the International Covenant on Economic, Social and
Cultural Rights), article 26 ensures equality before the law and non-discriminatory protection of the law generally in force in a State. In addition, like the
International Convention on the Elimination of All Forms of Racial Discrimination, article 2 provides for the right to an effective remedy for violations of
Covenant rights, including an independent and impartial forum before which
allegations of such violations can be brought. The Covenant then covers the
key civil and political rights and freedoms. Its article 25 guarantees the right
freely to take part in public affairs, particularly through fair and periodic
elections.
The Covenant, in part IV, requires all State parties to report periodically to
the Human Rights Committee.
Two Optional Protocols supplement the Covenant and allow State parties to
accept additional obligations. The first Optional Protocol, of 1966, provides
for a right to individual petition; the second, of 1989, promotes the abolition
of the death penalty.
D. Convention on the Elimination of All Forms
of Discrimination against Women (1979)
In 1979, the international community adopted a new treaty to address discrimination against women on the basis of sex. Sex discrimination, like racial discrimination, is proscribed under the two Covenants in general terms.
However, the Convention on the Elimination of All Forms of Discrimination
against Women sets out in more detail what is meant by sex discrimination
from the perspective of equality between women and men. It addresses a
range of programmatic and policy aspects.
The Convention’s format was modelled on that of the International
Convention on the Elimination of
All Forms of Racial Discrimination,
but contained a number of innovations, reflecting developments in the
15 years since the latter had been
adopted. The Convention on the
Elimination of All Forms of Discrimination against Women, too, begins
by defining discrimination on the basis of sex. The initial articles oblige
State parties both to refrain from
What is discrimination against
women?
“Any distinction, exclusion or restriction
made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of
men and women, of human rights and
fundamental freedoms in the political,
economic, social, cultural, civil or any
other field” (art. 1).
9
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