CCPR/C/116/D/2324/2013 Recognition that differential treatment of women based on gender stereotypes can give rise w to gender discrimination is also in accord with the approach of other human rights bodies. 16. The Committee’s finding of a violation of article 26 in the author’s case is consistent with these decisions and is fully justified on grounds of discrimination arising from gender stereotyping. w 24 See CESCR, General Comment No. 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights (Art. 3) (2005), para. 5 (women often experience discrimination resulting from the subordinate status ascribed to them by tradition and custom). The ESCR Committee has further explained as follows: The notion of the prohibited ground “sex” … cover[s] not only physiological characteristics but also the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfillment of … rights. Thus, the refusal to hire a woman, on the ground that she might become pregnant, or the allocation of low-level or part-time jobs to women based on the stereotypical assumption that, for example, they are unwilling to commit as much time to their work as men, constitutes discrimination. Refusal to grant paternity leave may also amount to discrimination against men. CESCR, General Comment No. 20, supra, para. 20. Cf. Artavia Murillo et al v. Costa Rica, IACHR (2012), paras. 294-301 (ban on in vitro fertilization constituted gender discrimination as a result of stereotypes regarding fertility).