
Contents
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A. Introduction A. Introduction
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B. Travaux Préparatoires B. Travaux Préparatoires
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C. Issues of Interpretation C. Issues of Interpretation
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I. Chapeau I. Chapeau
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1. ‘To Eliminate Discrimination’ … in Order to Ensure … the Same Rights’ 1. ‘To Eliminate Discrimination’ … in Order to Ensure … the Same Rights’
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2. ‘In Other Areas of Economic and Social Life’ 2. ‘In Other Areas of Economic and Social Life’
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a) Economic and Social Rights not Protected by other CEDAW Provisions a) Economic and Social Rights not Protected by other CEDAW Provisions
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b) Civil and Political Rights Necessary for Participating in Economic and Social Life b) Civil and Political Rights Necessary for Participating in Economic and Social Life
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c) Access to Resources and Opportunities in Social and Economic Life c) Access to Resources and Opportunities in Social and Economic Life
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d) Conclusion: Scope of Application of the Chapeau d) Conclusion: Scope of Application of the Chapeau
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II. Article 13(a): The Equal Right to Family Benefits II. Article 13(a): The Equal Right to Family Benefits
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1. Concepts 1. Concepts
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2. Equality in Context 2. Equality in Context
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III. Article 13(b): The Equal Right to Bank Loans, Mortgages, and Other Forms of Financial Credit III. Article 13(b): The Equal Right to Bank Loans, Mortgages, and Other Forms of Financial Credit
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1. Concepts 1. Concepts
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2. Equality in Context 2. Equality in Context
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IV. Article 13(c): The Equal Right to Participate in Recreational Activities, Sports, and all Aspects of Cultural Life IV. Article 13(c): The Equal Right to Participate in Recreational Activities, Sports, and all Aspects of Cultural Life
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1. Concepts 1. Concepts
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2. Equality in Context 2. Equality in Context
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D. States Parties’ Obligations D. States Parties’ Obligations
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I. Nature of the Obligation I. Nature of the Obligation
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II. Implementation—Respect, Protect, and Fulfil II. Implementation—Respect, Protect, and Fulfil
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III. Reservations III. Reservations
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Cite
Extract
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
...
* I would like to thank Anna Maria Paulus for superb research assistance.
Introduction
Article 13 obliges States parties to ensure women’s equality in all areas of economic and social life, including cultural life. It complements both the Convention provisions covering political life and those pertaining to the private sphere. Article 13 thus reaffirms the indivisibility of all human rights and the central Convention premise that women are entitled to participate in all areas of life on a basis of equality.1 According to UDHR Article 22, economic, social, and cultural rights are indispensable to leading a life of dignity and freedom to develop one’s personality. The CEDAW Committee underscores this premise in General Recommendation 28, noting that the principle of equality ‘entails the concept that all human beings … are free to develop their personal abilities, pursue their professional careers and make choices without the limitations set by stereotypes, rigid gender roles, and prejudices’.2 Recognizing that women, like men, are entitled freely to choose economic activity according to their own aspirations, Article 13 guarantees women’s right to earn their livelihood and to autonomy in the economic sphere.3 This independence is essential to realizing other Convention rights: economic independence empowers women to make decisions in their personal lives, in particular, to choose whether and with whom to enter into marriage. Economic independence is also a gateway to women’s participation in public life.4
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