The International Covenant on Economic, Social and Cultural Rights as a tool for combating discrimination against women: general observations and a case study on Algeria

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is vital to protecting the human rights of women. This is reflected in the substantive rights which the treaty guarantees and its procedural emphasis on non‐discrimination. The ICESCR now has 151 State Parties, as compared with 180 states that have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). While the latter is a lightning rod for opposition to the advancement of women's rights, the former is not. It may, therefore, be a particularly useful tool for combating discrimination against women, especially in the Muslim world where resistance to CEDAW in conservative quarters is strong. Still, some argue that the Committee on Economic, Social and Cultural Rights, which monitors implementation of the ICESCR, needs to further elaborate its jurisprudence on women's issues. Against such a complex backdrop, this study will explore the utility of the ICESCR in combating discrimination against women, looking in particular at the example of Algeria, which became a State Party in 1989.