CEDAW/C/GC/28
provisions, the Convention anticipates the emergence of new forms of discrimination that
had not been identified at the time of its drafting.
9.
Under article 2, States parties must address all aspects of their legal obligations
under the Convention to respect, protect and fulfil women’s right to non-discrimination and
to the enjoyment of equality. The obligation to respect requires that States parties refrain
from making laws, policies, regulations, programmes, administrative procedures and
institutional structures that directly or indirectly result in the denial of the equal enjoyment
by women of their civil, political, economic, social and cultural rights. The obligation to
protect requires that States parties protect women from discrimination by private actors and
take steps directly aimed at eliminating customary and all other practices that prejudice and
perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped
roles for men and women. The obligation to fulfil requires that States parties take a wide
variety of steps to ensure that women and men enjoy equal rights de jure and de facto,
including, where appropriate, the adoption of temporary special measures in line with
article 4, paragraph 1, of the Convention and general recommendation No. 25 on article 4,
paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against
Women, on temporary special measures. This entails obligations of means or conduct and
obligations of results. States parties should consider that they have to fulfil their legal
obligations to all women through designing public policies, programmes and institutional
frameworks that are aimed at fulfilling the specific needs of women leading to the full
development of their potential on an equal basis with men.
10.
States parties have an obligation not to cause discrimination against women through
acts or omissions; they are further obliged to react actively against discrimination against
women, regardless of whether such acts or omissions are perpetrated by the State or by
private actors. Discrimination can occur through the failure of States to take necessary
legislative measures to ensure the full realization of women’s rights, the failure to adopt
national policies aimed at achieving equality between women and men and the failure to
enforce relevant laws. Likewise, States parties have an international responsibility to create
and continuously improve statistical databases and the analysis of all forms of
discrimination against women in general and against women belonging to specific
vulnerable groups in particular.
11.
The obligations of States parties do not cease in periods of armed conflict or in states
of emergency resulting from political events or natural disasters. Such situations have a
deep impact on and broad consequences for the equal enjoyment and exercise by women of
their fundamental rights. States parties should adopt strategies and take measures addressed
to the particular needs of women in times of armed conflict and states of emergency.
12.
Although subject to international law, States primarily exercise territorial
jurisdiction. The obligations of States parties apply, however, without discrimination both
to citizens and non-citizens, including refugees, asylum-seekers, migrant workers and
stateless persons, within their territory or effective control, even if not situated within the
territory. States parties are responsible for all their actions affecting human rights,
regardless of whether the affected persons are in their territory.
13.
Article 2 is not limited to the prohibition of discrimination against women caused
directly or indirectly by States parties. Article 2 also imposes a due diligence obligation on
States parties to prevent discrimination by private actors. In some cases, a private actor’s
acts or omission of acts may be attributed to the State under international law. States parties
are thus obliged to ensure that private actors do not engage in discrimination against
women as defined in the Convention. The appropriate measures that States parties are
obliged to take include the regulation of the activities of private actors with regard to
education, employment and health policies and practices, working conditions and work
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