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20. Human rights standards are concerned with the pursuit of substantive equality,
rather than just formal equality. This is explicit in the approach of the Convention on
the Elimination of All Forms of Discrimination against Women, which recognizes
that achieving equality requires transforming unequal power relations between
women and men and ensuring that all human beings can develop and make choices
without the limitations set by stereotypes, rigid gender roles and prejudices. 15 The
Convention emphasizes that a gender-neutral policy may result in de facto
discrimination against women, and that, to ensure that women enjoy the same rights
as men and reach substantive equality, they may need to be treated differently.
21. The Convention obliges States parties to take all appropriate measures to
modify or abolish laws, regulations, customs and practices that discriminate against
women (article 2 (f)). This includes the obligation to modify “the social and cultural
patterns of conduct of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices 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” (article 5). The gendered division of unpaid care work, fostered by
stereotypes which delineate men as breadwinners and women as carers/nurturers, is
clearly one such practice.
22. In order to ensure that women enjoy all their rights on equal terms with men,
States must take all appropriate measures to ensure that care responsibilities are
equally shared by men and women. The Convention expressly refers to the sharing
of responsibility among men and women and wider society in regard to the
upbringing of children (preamble). It notes that States parties must ensure “the
recognition of the common responsibility of men and women in the upbringing
and development of their children” (article 5). This provision requires States to
combat patriarchal attitudes and stereotypes regarding the roles and responsibilities
of women and men within the family and society at large, 16 and to address
discrimination in education and employment and the compatibility of work
requirements and family needs. 17 States must, inter alia, prohibit discrimination or
dismissal on the grounds of pregnancy or maternity and ensure that men and women
have equal opportunities to choose their profession or occupation (see for example
articles 11.2 and 16).
23. While fostering sociocultural change is a medium- to long-term objective,
ensuring the equal enjoyment of rights of men and women is an immediate
obligation for States. Therefore they must take immediate actions to alleviate the
intensity of women’s unpaid care work and redistribute their disproportionate share,
including through the “provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities and
participation in public life” (article 11 (2) (c)).
24. States must not dismiss the distribution of unpaid care work between women
and men as a matter for the private sphere. As stipulated in article 2 (e) of the
Convention, the obligations of States include their duty to act with due diligence to
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16
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Committee on the Elimination of Discrimination against Women, general recommendation
No. 28, para. 22.
See for example, CEDAW/C/SGP/CO/4, paras. 21-22; CEDAW/C/USR/CO/7, paras. 20-21; and
CEDAW/C/MUS/CO/6-7, para. 18.
Committee on the Elimination of Discrimination against Women, general recommendation
No. 29, para. 8.
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