CEDAW/C/GC/36
12.
Non-binding political commitments and global strategies reiterate governments’
responsibilities in recognizing education as a catalyst for accelerating national development
and social transformation. They call on states to take strategic action in confronting
inequalities and inadequacies in the access of girls and women to education and training.
They include: the 1994 Cairo International Conference on Population and Development
(ICPD); the 1995 Beijing Platform for Action; the Education for All goals, established at
Jomtien (Thailand) in 1990 and reaffirmed in 2000 in Dakar (Senegal); the Millennium
Development Goals (MDGs) established in 2000; and, more recently, the 2030 Agenda for
Sustainable Development Goals (SDGs), adopted in 2015, which includes goals and targets
aimed at the elimination of all forms of discrimination against all women and girls.
D.
Scope of the General Recommendation: the tripartite human rights
framework
13.
Education that empowers girls and women equips them with capacities to claim and
exercise broader socio-economic, cultural and political rights, on an equal basis with boys
and men in their societies. To achieve gender equality all aspects of the education system –
laws and policies, educational content, pedagogies and learning environments - should be
gender sensitive, responsive to the needs of girls and women and transformative for both
females and males.
14.
This GR is grounded in a human rights framework for education which focuses on
three dimensions: The first is the right of access to education. The second, rights within
education and, the third, rights through education. This tripartite framework largely
reflects the rights elaborated in the 4As framework of accessibility, availability, affordability
and adaptability10referred to in subsequent paragraphs.
15.
The right of access to education involves participation and is reflected in the extent
to which girls/boys, women/men are equally represented; and the extent to which there is
adequate infrastructure at the various levels to accommodate the respective age cohorts.
Indicators of attendance, retention and transition from one level to another are concerns
related to the right of access to education.
16.
Rights within education go beyond numerical equality and aims at promoting
substantive gender equality in education. It therefore concerns equality of treatment and
opportunity as well as the nature of gender relations between female and male students and
teachers in educational settings. This dimension of equality is particularly important given
that it is society that shapes and reproduces gender-based inequalities through social
institutions, and educational institutions are critical players in this regard. Instead of
challenging entrenched discriminatory gender norms and practices, schooling, in many
societies, reinforces gender stereotypes and maintains the gender order of society expressed
through the reproduction of the female/male, subordination/domination hierarchies and the
reproductive/productive, private/public dichotomies.
17.
Rights through education define ways in which schooling shapes rights and gender
equality in aspects of life outside the sphere of education. The absence of this right is
particularly evident when education, which should be transformational, fails to significantly
advance the position of women in the social, cultural, political and economic fields thereby
denying their full enjoyment of rights in these arenas. A central concern is whether
certification carries the same value and social currency for women as for men. Global trends
disclose that, in many instances, even where the educational attainment of males is lower
than that of females, males occupy better positions in these arenas.
18.
This GR aims at ensuring that regional disparities, and within-country inequalities,
based on multiple and intersecting forms of discrimination that prevent girls and women from
enjoying rights to, within and through education are addressed and ultimately eliminated.
Hence, the GR expands article 10 of the CEDAW Convention and links it with all other
10
4
See E/CN.4/1999/49.