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Date:    Wed, 18 Nov 1998 13:04:21 -0400
From:    PAR-L Moderators <[EMAIL PROTECTED]>
Subject: Women's economic, social,and cultural rights

From: S Day <[EMAIL PROTECTED]>

Dear Parleuses,

I am sending this message from a grand high-ceilinged, marble-floored
room in the library at the Palais des Nations in Geneva. There are
computers here for students and others to use, and so I am surrounded
by intent young women and men searching for information, perhaps about
human rights violations.

Yesterday 8 Canadian NGOs made presentations to the Committee on
Economic, Social and Cultural Rights. The Committee is reviewing
Canada's third periodic report, and the NGOs concentrated on the
impact of the cuts and social program restructuring of the last five
years.

The NGOs presenting were: the National Anti-Poverty Organization,
Low-Income Families Together, the Grand Council of the Cree, the
Canadian Council on Refugees, the Ad Hoc NGO Committee on
International Trade and Investment Agreements, the Charter Committee
on Poverty Issues, Parkdale Community Legal Clinic, and the National
Association of Women and the Law, whom I am here to represent.

NAWL rushed to put together a brief in about 9 days. In that short
time, we got help and advice from NWAC, NAC, DAWN Canada, the Ontario
Association of Interval and Transition Houses, CASAC, Sharon McIvor,
Marilyn Buffalo, barbara findlay, Martha Jackman, Gwen Brodsky, and
others. Thanks to them for the help.

NAWL has asked the Committee to look specifically at the conditions of
women when making its assessment of Canada's compliance with its
Covenant obligations. By signing the Covenant, Canada agreed to
progressively realize the rights to an adequate standard of living, to
the continuous improvement of living conditions, to food and housing,
to health, to education and to just and favourable conditions of work.

We have argued that they must look specifically at Article 3 of the
Covenant which guarantees women the equal enjoyment of these rights,
and at Article 2(2 which guarantees no discrimination based on
race,age,etc. in enjoyment of the rights, and assess compliance with
each right through this women's equality lens.

This is necessary and practical, because poverty has a gendered
character; women are not poor for the same reasons that men are poor.
Women are poor because they bear and raise children and have been
assigned the role of unpaid caregiver. Secondary status and income go
with these roles, and women's poverty cannot be addressed effectively
unless this is acknowledged.

We have also argued that signatory countries to the Covenant cannot
satisfy Article 3's guarantee to women of the equal enjoyment of
economic, social and cultural rights 1) if they take "retrogressive
measures" that have a disproportionately negative impact on women;
2)if, when women and men are compared as groups in relation to a
particular right, women are more disadvantaged. The undertaking to
progressively realize the rights in the Covenant cannot be interpreted
to mean that men will realize these rights sooner or more fully than
women. The progressive realization of rights requires an egalitarian
distribution of social and economic benefits at any point in time; and
3)if they do not specifically identify the inequalities in women's
economic and social conditions and take steps to address those
inequalities.

We have asked the Committee to find that Canada is in violation of its
Covenant obligations to Canadian women because of the retrogressive
measures Canada has taken recently.

The Committee process is not easy. The Committee members sit around a
square table in a high-ceilinged Committee room. We petitioners sit at
a table in the middle of the square, facing each other, not them. At
first it was not clear that we had their attention. One Committee
member read his newspaper. However, by the end of our presentations,
they were alert. The Canadian NGOs were all very good, very
well-prepared, and there is remarkable consistency in the basic
message, though each presentation offered a different perspective -
women, Aboriginal people, homeless people, the impact of trade
agreements, etc. However,I understand that we have already been
criticized just for being here in a National Post editorial.

I am hoping for a separate section in the Committee's concluding
observations on women. There is a lot of work still to be done here. I
will be away for a few days then back to hear Canada make its report
on the 26th.

NAWL's brief has been posted on the POVNET website.

http://www.web.net/povnet

The email address for POVNET is [EMAIL PROTECTED]

I can be reached until November 30 at [EMAIL PROTECTED]

Best to all.

Shelagh Day

------------------------------

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