Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
The States parties “agree to pursue by all appropriate means and without delay
a policy of eliminating discrimination against women and, to this end, undertake”, in
particular (art. 2):
v to embody the principle of equality of men and women in their national laws and to
ensure the practical realization of this principle;
v “to adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women”;
v to establish effective legal protection of the equal rights of women through national
tribunals or other public institutions;
v “to refrain from engaging in any act or practice of discrimination against women”;
v “to take all appropriate measures to eliminate discrimination against women by any
person, organization or enterprise”; and
v “to repeal all national penal provisions which constitute discrimination against
women ”.
The subsequent articles provide further details as to the undertakings of the
States parties to eliminate discrimination against women, which, inter alia, comprise the
following obligations:
v “to modify the social and cultural patterns of conduct of men and women ... which
are based on the idea of the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women” (art. 5(a));
v “to ensure that family education includes a proper understanding of maternity as a
social function and the recognition of the common responsibility of men and
women in the upbringing and development of their children, it being understood
that the interest of the children is the primordial consideration in all cases”
(art. 5(b));
v to take all appropriate measures to suppress all forms of traffic in women and
exploitation of prostitution of women (art. 6), eliminate discrimination against
women in political and public life (arts. 7 and 866), in the fields of education (art. 10),
employment (art. 11) and health care (art. 12); in the areas of economic and social
life (art. 13); as well as against women in rural areas (art. 14(2)).
2.7.2 The specific legal scope of the Convention
Whilst many articles in the Convention are framed as general legal obligations
on the States parties to “take appropriate measures” to eliminate discrimination against
women, some at the same time specify the particular rights which must be ensured on a
basis of equality of men and women. Thus, for instance:
v with regard to education, women have the right, inter alia, to the same conditions
for career and vocational training and the same opportunities for scholarships and
other grants – art. 10;
66 General Recommendation No. 8 (Implementation of article 8), in United Nations Compilation of General Comments, p. 206.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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