A/67/287 “transformative equality”, that is, overcoming “prevailing gender relations and the persistence of gender-based stereotypes that affect women not only through individual acts by individuals but also in law, and legal and societal structures and institutions”. 35 III. Gender stereotypes and the obligation of States to eliminate discrimination A. Direct, indirect and structural discrimination 40. International law has moved away from a narrow interpretation of the concept of discrimination on the ground of sex. In addition to direct and indirect discrimination between men and women, as noted in the thematic study by the Office of the High Commissioner for Human Rights on discrimination against women, in law and practice, the concept now encompasses “discrimination on the basis of gender stereotypes” as well as “multiple discrimination that specific groups of women face because of their sex or other characteristics” (A/HRC/15/40, paras. 9-11). Furthermore, “the importance of systemic and structural transformation of institutions and attitudes that reflect and entrench discrimination against women” has been stressed (ibid., para. 10) and the concept further developed, notably by the Committee on the Elimination of Discrimination against Women. 36 41. Direct sex discrimination occurs when an explicit distinction is made between the rights and obligations of men and women, including in legal texts and norms, regulations and institutional practices. 42. Indirect sex discrimination occurs “when a law, policy, programme or practice appears to be neutral but has a discriminatory effect in practice on women, because pre-existing inequalities are not addressed by the apparently neutral measure”. 37 43. Systemic and structural discrimination refers to the ways in which laws and regulations, as well as cultural or religious traditions have constructed and maintained women’s disadvantage based on socially and legally entrenched gender stereotypes; it thus overlaps direct and indirect discrimination. With respect to cultural rights, concepts that view males to be the head of household and the authoritative voice on matters relating to culture are especially problematic. 38 Neither direct nor indirect sex discrimination can be overcome without combating systemic and structural discrimination. 44. Structural or systemic discrimination is the most difficult to bring to the surface and to combat, especially in legal procedures. Eliminating this form of discrimination cannot be left to individuals contesting such discrimination in court cases against State or private institutions, including in the area of cultural life. States are under a positive obligation to eradicate all forms of structural and systemic __________________ 35 36 37 38 12-45930 Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004) on temporary special measures, para. 7. General recommendation No. 25 (2004) and general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention. General recommendation No. 28 (2010), para. 16. See Rikki Holtmaat and Jonneke Naber, Women’s Human Rights and Culture: From Deadlock to Dialogue (Intersentia, 2011). 13