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Article 3: The Equal Right of Men and Women to the Enjoyment of Covenant Rights

Published online by Cambridge University Press:  11 June 2020

Paul M. Taylor
Affiliation:
University of Queensland, TC Beirne School of Law, Brisbane
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Summary

Article 3 was introduced in discussion in the previous chapter, in sections ‘The Rights to Equality and Non-discrimination’ and ‘How the Key Equality and Non-Discrimination Provisions (Articles 2(1), 3 and 26) Differ from Each Other’.

The main Covenant provisions which prohibit discrimination based on sex are Article 2(1) (requiring States to ‘respect and ensure’ Covenant rights); Article 3 (referring to the ‘equal rights of men and women’ with respect to the enjoyment of Covenant rights (duplicating in large part the gender-specific coverage of Article 2(1))); and Article 26 (guaranteeing ‘equal’ protection of the law, and thereby ‘equal and effective protection against discrimination’ on grounds of sex).

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Chapter
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A Commentary on the International Covenant on Civil and Political Rights
The UN Human Rights Committee's Monitoring of ICCPR Rights
, pp. 87 - 105
Publisher: Cambridge University Press
Print publication year: 2020

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