CESCR General Comment No. 16: The Equal Right of Men and Women to the Enjoyment of all Economic, Social, and Cultural Rights
This General Comment provides more guidance on the interpretation of Article 3 of the ICESCR. In particular, the General Comment:
Recognizes that non-discrimination and equality in international human rights treaties mandate both de facto and de jure equality;
Recognizes both direct and indirect discrimination;
Interprets the word “sex” to include gender;
Imposes an obligation to fulfill, which requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social, and cultural rights on a basis of equality, and;
Recommends the removal of legal restrictions on reproductive health provisions.