https://doi.org/10.37815/rte.v37n1.1221

Original articles

Gender Equality as Integral to Social Justice –
and vice versa

La igualdad de género
como elemento integral a la Justicia Social – y viceversa

Jane Aeberhard-Hodges[1] https://orcid.org/0009-0002-2980-1576

1Global Migration Policy Associates (GMPA), Geneva, Switzerland

[email-masked]

Sent:       2024/07/22

Accepted:       2025/04/24

Published:       2025/06/30

Abstract

Summary: Introduction
and Objectives, Methodology, The texts that give context to social
justice, The texts that give context to gender equality, The main (hard
law) treaties giving substance to gender equality, Applied illustrations
of implementation of the gender equality texts, Conclusion..

How to cite: Aeberhard-Hodges, J.(2025). Gender Equality as
Integral to Social Justice – and vice versa. Revista
Tecnológica - Espol, 37(1), 56-67. https://rte.espol.edu.ec/index.php/tecnologica/article/view/1221

The
pursuit of social justice fundamentally requires gender equality, just as
meaningful gender equality necessitates social justice. This means that each is
integral to achieving the other. While commonly characterised
as "two sides of the same coin," this paper aims to demonstrate they
are, in fact, the very coin itself: a unified entity forged into an
indissoluble foundation. As perceptions and definitions of social justice in
different contexts demonstrate, the term "social justice" remains
deceptively simple in everyday usage.
Similarly, the term "gender equality" has emerged to bring
together a large number of basic precepts crucial to removing sex-based
discrimination in all spheres of human endeavour.
While social justice arises from binding and non-binding instruments, and
workplace social justice stems from the 1919 ILO Constitution and international
labour standards, gender equality springs from a
plethora of international treaties negotiated by States to end discrimination
based on sex. This article examines the content and overlay of these concepts
using a comparative law methodology, citing examples where social justice and
gender equality combine. It reviews texts that give context to social justice,
texts that define gender equality, and the main hard law treaties giving
substance to gender equality, providing applied illustrations of implementation
of gender equality. The article concludes that without these principles and
rights, social justice remains illusory. If decision-makers strive to produce
the composite coin itself, the two concepts melded together as a whole will
lead to genuine improvements in the quality of all human life, as this paper
demonstrates.

Keywords: Non-discrimination,
gender equality, CEDAW, international labour
standards, fairness, pay, gender-based violence, ILO conventions and
recommendations, social justice.

Resumen

La justicia social requiere la
igualdad de género, del mismo modo que una igualdad de género no puede lograrse
sin justicia social. Aunque suelen describirse como dos caras de la misma
moneda, este artículo sostiene que, en realidad, constituyen una sola: una
entidad unificada forjada sobre una base indisoluble. Tal como lo evidencian
sus definiciones y percepciones en distintos contextos, el término ‘justicia
social’ resulta simple en el uso cotidiano. Por su parte, ‘igualdad de género’
ha emergido como un concepto que engloba principios  orientados a eliminar la discriminación por
razón de sexo en todos los ámbitos de la vida humana. Si bien la justicia
social tiene su origen tanto en instrumentos vinculantes y no vinculantes, y su
aplicación en el ámbito laboral se fundamenta en la Constitución de la OIT y
las normas internacionales del trabajo, la igualdad de género se deriva  de tratados internacionales orientados a
eliminar  la discriminación por razón de
sexo. Este artículo examina el contenido y la interrelación de estos conceptos
mediante una metodología de derecho comparado, e ilustra su análisis citando
ejemplos en los que ambos términos convergen. Se analizan textos que
contextualizan la justicia social, definen la igualdad de género y abordan su
concreción jurídica, ofreciendo ejercicios prácticos para su implementación.
Finalmente, sin estos principios y derechos, la justicia social permanece como
una aspiración ilusoria. Si se trabaja por forjar una ‘moneda compuesta’, es
decir, la fusión efectiva de estos conceptos, puede mejorar la calidad de vida
de toda la humanidad.

Palabras
clave: No discriminación, mujeres y hombres, CEDAW, normas
internacionales del trabajo, equidad, remuneración, violencia de género,
convenios y recomendaciones de la OIT, justicia social.

Introduction and Objectives

Social
justice and gender equality are fundamentally interdependent—neither can be
fully realised without the other. While activists and commentators often
describe them as two sides of the same coin, this metaphor understates their
profound interconnection. Like metals fused into a single alloy, these concepts
combine to form something stronger and more enduring than either could achieve
alone. In other words, neither can be achieved without upholding both
principles.

This paper
examines, against the backdrop of social justice frameworks, how contemporary
gender equality instruments are integral to social justice, with the aim of
broadening understanding of how these two fundamental issues shape improvements
in human existence. Examples, particularly from the world of work, are used to
demonstrate the interrelatedness of the two concepts. While none of the hard
law treaties contains the words "social justice," the background to
their adoption (in-house and academic research, travaux préparatoires,
among others) clearly shows the alloy blend. Moreover, State Parties' reporting
on their implementation at a national level – the coinage, to continue the
metallurgy allegory – describes legislation and practice examples that clearly
mesh with social justice.

The world
stands at a crucial juncture for social justice, as it also faces a crossroads
for gender equality. Despite decades of recognition that sex discrimination is
both wasteful and unjust, women and men are not treated equally in political,
civil, economic, health, education, cultural, and work domains. The ILO
Director-General's 2018 report (para. 43) noted that gender equality is a means
to achieve social justice and went further, at para. 84, to
point out how catastrophic gender injustice is for social justice: "The
undeniable reality is that the disadvantages that women continue to face at
work, notwithstanding the real progress that has been recorded, including
through the ILO, constitute perhaps the most flagrant and the greatest offence
to social justice."

Six years on, that "greatest offence" lives
on. According to UN data, globally, 10.3 % of women live in extreme poverty today[2],
with women disproportionately affected compared to men. This systemic marginalisation of women exacerbates intersectional inequalities. The ILO's Committee
of Experts on the Application of Conventions and Recommendations (CEACR),
commenting on its 2023 General Survey on achieving gender equality at work,
stated:

Full equality between women
and men at work cannot be achieved in a broader context of inequality. Gender
equality is a fundamental component of decent work and social justice, anchored
in both a rights-based and an economic efficiency approach to sustainable and
inclusive development. As illustrated in the General Survey, the COVID-19
crisis exacerbated pre-existing gender inequalities and reversed previous
gains, as many girls and women were forced to leave education, training, and
the labour market in order to shoulder most of the burden of unpaid care and
domestic work. Women continue to be disproportionately represented in the
hardest-hit service sectors, including the informal paid care economy and
domestic work.[3]

The United
Nations (UN) Commission on the Status of Women (CSW), in its 2024 annual
session, acknowledged that women and girls in poverty experience multiple and
compounding deprivations that are intensified by other dimensions of
inequality, including race, ethnicity, disability, location, marital and migrant status, among others, and their experiences of
poverty are shaped by gender norms and stereotypes. CSW's Agreed Conclusions
linked our two terms just once, at the beginning of its 57-paragraph-long text
without elaborating on the link:

13. The Commission
expresses concern that eradicating poverty in all its forms and dimensions,
including extreme poverty, is the greatest global challenge and that the
feminisation of poverty persists. It notes that eradicating poverty in all its
forms and dimensions is an indispensable requirement for sustainable
development, social justice, gender equality, and the empowerment of all women
and girls and their human rights…[4]

Thus,
reinvigorating the global framework for both concepts is essential, starting
with this paper's overview of the main soft and hard law texts already existing
and rekindling interest in sharing information on measures that have proven
successful in implementing them, as exemplified by the cases of progress noted
in the ILO supervisory machinery in the last part of this paper.

Methodology

Moving
beyond the common slogan of "two sides of the same coin," this paper
employs a coin-minting analogy— the fusion of
metals into a standardised, universally valuable unit— to underscore the inseparability of gender equality and social justice.

Through
comparative legal analysis of key texts (non-binding yet persuasive soft law
instruments and binding hard law treaties), the paper examines the
interrelationship against 21st-century challenges. Standard-setting texts were
chosen for their universal applicability, enduring relevance, and role as
benchmarks for progress despite growing public narratives dismissing legal
obligations.

In the
analysis, general global texts that give context to the concepts and then delve
more deeply into the substantive content of international instruments are
examined to demonstrate the interdependence of gender equality and social
dialogue. This qualitative exploration highlights the prevalence of such
linkages, demonstrating that the 'one coin' metaphor permeates even implicit
policy thinking. Finally, the world of work examples – the cases of
satisfaction regarding improved implementation of the main ILO gender equality
treaties reported by the ILO's Committee of Experts on the Application of
Conventions and Recommendations (CEACR) – are used to validate the 'one coin'
thesis. The literature review draws on UN reports, academic publications, and
the Global Migration Policy Associates' survey of 700+ social justice texts
(featured elsewhere in this issue)..

The Texts that
Give Context to Social Justice

The ILO's constitutional mandate anchors social justice in the pursuit
of lasting peace: "Whereas universal and lasting peace can be established
if it is based upon social justice."[5] This special issue commemorates the 80th anniversary of the 1944
Declaration of Philadelphia, which advanced social justice in labour systems.

Today, social justice is a cornerstone of UN
and ILO discourse on human well-being. For example, post-2019 centenary
research focused on persistent workplace inequalities. This culminated in the
June 2021 International Labour Conference (ILC) general discussion and
subsequent resolution on inequalities in the world of work. The resolution
stresses that effective action to reduce inequalities, promote inclusive
growth, and build forward better requires addressing root causes to achieve
both social justice and the Sustainable Development Goals (SDGs). It
specifically calls on the International Labour Office, among other measures, to
strengthen its social justice mandate and place a strong emphasis on gender
equality strategies grounded in international labour standards.[6] At the June 2023 ILC Session, the Director-General presented the Advancing
Social Justice report, focusing on the global need for greater social
justice and concrete pathways to achieve it. During the accompanying World of
Work Summit, he advocated for a Global Coalition for Social Justice. The ILO
Governing Body (GB) endorsed this initiative in November 2023 as a
multi-stakeholder platform to encourage cooperation and prioritise social
justice on multilateral agendas ahead of key UN events - the 2024 Summit of the
Future and the November 2025 World Social Summit.[7] The Coalition includes Global Migration Policy Associates (GMPA), an
ECOSOC-accredited NGO advocating for migrant rights. GMPA participated in the
Coalition's Geneva launch on 13 June 2024, where it highlighted specific social
justice measures.

The UN incorporates economic equity into its
conceptualisation of social justice. Its 2006 definition emphasises "the
fair and compassionate distribution of the fruits of economic growth..."
and this process must ensure that "growth is sustainable, that the
integrity of the natural environment is respected, that the use of
non-renewable resources is rationalised, and that future generations are able
to enjoy a beautiful and hospitable earth."[8] While the 2030 Agenda for Sustainable Development does not
explicitly use the term "social justice," its foundational principles
(including human dignity, equality, justice, non-discrimination and leaving no
one behind), embody this concept. Moreover, the SDGs explicitly address key
dimensions of social justice through commitments to eradicate poverty, end
hunger, ensure health and well-being, provide quality education, achieve gender
equality, reduce inequalities, promote decent work, and combat climate change. This
institutional commitment was further solidified when the UN General Assembly
declared 20 February as World Day of
Social Justice in 2007 (Resolution A/RES/62/10), explicitly linking social
justice to gender equality, among other priorities.[9] The 2009 observance message defined social justice as encompassing
fairness, equality, respect for diversity, access to social protection, and the
application of human rights across all societal domains, including workplaces.

Academic writers and researchers describe
social justice as encompassing both economic and human rights dimensions. Measurement
frameworks typically employ multidimensional indicators across life
domains—including health, education, employment, income security, and criminal
justice—with gender equality consistently recognised as a core component. The European
Union Social Justice Index exemplifies this approach through its six
measurement dimensions: poverty prevention, access to equitable education,
labour market inclusion, social inclusion and non-discrimination/gender
equality, intergenerational justice, and healthcare provision. The 2019 Bertelsmann Stiftung Social Justice Index expanded
its coverage to include Member States of the Organisation for Economic
Cooperation and Development (OECD). It recognises (page 129) that

defining what social justice means and how best to
achieve it is often subject to considerable controversy. The conceptual
boundaries of social justice are continually in flux because the idea is a
result of culturally and historically dependent value systems. Nevertheless, a
modern concept of social justice that refers to the aim of realising equal
opportunities and life chances provides us with a conceptual ideal able to
garner the consensus needed for a sustainable social market economy.

Berik et al. analyse
social justice through an economic fairness approach, arguing that neoliberal
policy reforms produce gendered disparities in well-being, with macroeconomic
measures systematically disadvantaging women. They adopt a feminist economic
approach that evaluates policies based on their capacity to enhance social
justice and improve living conditions for both women and men. Their conception
of social justice integrates multiple dimensions: distributive fairness, equity
in provision, universal access to basic needs, the elimination of poverty and
discrimination, social cohesion, and capability strengthening. However, their
case-study research demonstrates that fiscal austerity measures directly
undermine these objectives by weakening labour market protections and eroding
previous gains in gender equality. Ultimately, their findings establish
gender-equitable well-being as an essential component of substantive social
justice (Berik et al., 2008, p. 5).

The COVID-19 pandemic disproportionally
impacted women, who comprise the majority of caregivers both in formal and
informal economies, while simultaneously facing risks of gender-based violence during
lockdowns. Turquet (2021) emphasises that during the COVID-19 pandemic, gender-responsive
approaches were essential for both crisis response and recovery efforts to
achieve meaningful social justice. In the same vein, the UN Women's Feminist
Plan for Sustainability and Social Justice (Turquet,
2021, p. 8) states: "But going back [to before COVID] is not the answer.
Instead, a visionary agenda that places sustainability, social justice, and
gender equality at the centre of economic recovery and transformation is
urgently needed to pave the way towards a new social contract." This
framework clearly establishes the connection between post-crisis social justice
and gender equality through economic transformation, structural rethinking, and
reinforced democratic processes that guarantee women's active participation.

Other authors link social justice and gender
equality to specific themes such as migration (Truong,
2014), health (Hawkes et al., 2022), and political emancipation (Donert, 2024). According to Truong's research, migrant
workers (both women and men) face significant challenges in claiming social
justice protections despite being entitled to a range of national, regional,
and international norms. As Truong states
(p.21): "Realising social justice and migrant rights claims requires much
more than a purely legalistic approach and must be intertwined with other, more
grounded and migrant-centred strategies." Hawkes et al. (p.1) note that
calls for social justice and the right to health are often met with resistance.
They argue that "Taking a social justice approach encourages us to think
beyond the gendered inequalities apparent among people who use health services
and act on the unequal and gendered distribution of power and privilege that
drives health inequities more broadly." They identify the solution in social
justice's participation and engagement approach, combined with properly funded,
fully functioning, and accountable public healthcare institutions. Donert (2024) employs Central European case studies to
examine the challenges of achieving gender equality amid 20th-century conflicts
between fascist, state-socialist, and liberal-democratic conceptions of social
justice. She argues that dismantling embedded gender inequalities, which have
remained a defining element of Europe's modern history, is needed to fully
incorporate women into narratives of social justice.

The same recommendations (to name but a few
raised by the above authors: more grounded strategies, the collective power of
citizens, strong state institutions, actively removing gendered power
structures) apply to claims for gender equality, thus demonstrating again how
intertwined these notions remain in today's world.

The
Texts that Give Context to Gender Equality

For gender
equality, the Beijing Declaration and Platform for Action (BPfA, 1995)
stands as the key soft law instrument specifically advocating equality between
women and men. It pioneered the mainstreaming of a gender perspective across
all policies and programmes.[10]
The Declaration was a precursor to blending social justice with gender
equality, referencing social justice in multiple provisions, beginning in
paragraph 16:

Eradication of poverty based
on sustained economic growth, social development, environmental protection, and
social justice requires the involvement of women in economic and social
development, equal opportunities, and the full and equal participation of women
and men as agents and beneficiaries of people-centred sustainable development
(emphasis added).

The
accompanying Beijing Platform for Action, Chapter 1, paragraph. 41 also
supports this paper's one-coin approach, stating, "Equality between women and
men is a matter of human rights and a condition for social justice and is also
a necessary and fundamental prerequisite for equality, development, and
peace." Emphasising the social dimension of development, the Platform
states (paragraph. 14) that "…all members of society (must) benefit from
economic growth based on a holistic approach to all aspects of development:
growth, equality between women and men, social justice, conservation and
protection of the environment, sustainability, solidarity, participation, peace
and respect for human rights."

Researchers
also support the integrality of the two concepts. Miller argues that social
justice includes not only distributive justice (concerned with fair resource
allocation) but also relational justice (focusing on the quality of societal
relationships). In exploring social justice, gender equality, and health
outcomes, Miller discusses how inequities in access to resources, power
dynamics, and gender discrimination contribute to health disparities.
Overcoming these inequalities requires understanding social justice principles:
recognition, distribution, and participation. Miller concludes that promoting
gender equality and addressing social injustices can significantly improve
health outcomes, particularly for marginalised groups (2001, pp 19-20).

The Main (Hard
Law) Treaties Giving Substance to Gender Equality

The UN
Convention on the Elimination of All Forms of Discrimination Against Women,
1979 (CEDAW)[11]
advocates substantive equality both in law and in practice. First, it requires
States Parties to incorporate the principle of equality between women and men
in their legal and judicial systems and to abolish all discriminatory laws.
Furthermore, it obligates States to take all necessary measures to ensure that
women actually experience equality in their lives. CEDAW defines discrimination
against women and establishes, through its 16 substantive Articles, protections
for women's full enjoyment of rights across social, cultural, economic, civil,
and political spheres. While the treaty does not explicitly use the terms
"gender equality" or "social justice," it extensively
addresses the social dimension of women's lives, recognising that societal
expectations about gender roles constitute a fundamental element of sex
discrimination. Article 1 defines "discrimination against women" as

any distinction, exclusion, or restriction
made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women, irrespective of
their marital status, on the basis of equality of men and women, of human
rights and fundamental freedoms in, among other domains, the social field.

Other UN
human rights treaties,[12]
for example, on eliminating race discrimination, ending disability
discrimination, abolishing torture, protecting children's rights, and promoting
the rights of migrant workers, frequently use the term "social"
without including "social justice" but contain provisions that
directly or indirectly support gender equality. For instance, the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families[13]
provides the global legal framework and comprehensive measures for migration
rights based on gender equality and women's empowerment. Article 1 states,
"1. The present Convention is applicable, except as otherwise provided
hereafter, to all migrant workers and members of their families without
distinction of any kind such as sex …" while Article 7 requires that

States Parties undertake, in
accordance with the international instruments concerning human rights, to
respect and to ensure to all migrant workers and members of their families
within their territory or subject to their jurisdiction the rights provided for
in the present Convention without distinction of any kind, such as to sex, …

Beyond the
UN framework, there are specific ILO Conventions (binding upon State
ratification) and Recommendations (soft law, not open to ratification, often
accompanying the same-subject Convention) on gender equality in the world of
work. Moreover, most international labour standards – even on very technical
subjects– can be read as indirectly supporting gender equality since they apply
to all workers without sex-based distinction or unfair differential treatment.
The two main instruments, both highly ratified by the ILO Member States,[14]
are the Discrimination (Employment and Occupation) Convention, 1958 (No. 111,
Convention 111 here) and the Equal
Remuneration Convention, 1951 (No. 100, Convention 100 here). These fundamental ILO treaties are
accompanied by non-binding recommendations. The following treaty descriptions
draw from this author's work for the ASEAN Guideline
on Gender Mainstreaming into Labour and Employment Policies (2021), where
this author served as Regional Consultant (p. xiv).

Convention 111 prohibits
discrimination in employment and occupation on seven grounds, one of which is
"sex." It permits ratifying States to add other grounds (like family
responsibilities or social benefit recipient status) that often affect workers
differently based on sex. The convention defines "discrimination" as
any distinction, exclusion, or preference that has the effect of nullifying or
impairing equality of opportunity or treatment in employment or occupation
(covering both direct and indirect discrimination). The terms "employment and occupation" include access to vocational
training, access to jobs and specific occupations, and terms and conditions of
employment. Recommendation 111 specifies that these cover vocational guidance
and placement services, training, career advancement, job security, wages,
working hours and rest periods, occupational health and safety, and social
security.  Neither inherent job
requirements nor temporary special measures to remedy past discrimination
violate the Convention.

Convention
100 requires ratifying States to apply
the equal remuneration principle for work of equal value between women and men.
It broadly defines "remuneration" to include basic or minimum wages/
salaries, all additional payments (direct/indirect, cash/kind), and any employment-related
benefits from employers. States may implement this through national laws or
regulations, wage-setting mechanisms, or collective agreements. The Convention
also advises objective job evaluation methods to determine work value
comparability.

In addition to these two fundamental treaties, there are four
topic-specific standards encouraging women's and men's equality at work:

1) Workers with Family Responsibilities
Convention, 1981 (No. 156) and its accompanying Recommendation 165 establish
the principle of equal opportunity and treatment between men and women workers
with family responsibilities and between such workers and other workers. The
Convention defines "workers with family responsibilities" as men and
women workers with care obligations for dependent children or other immediate
family members requiring support, where these responsibilities limit their ability
to participate or advance in economic activity. Ratifying States are required
to implement community planning measures and services, including childcare and
family support services. The Convention expressly prohibits termination of
employment on the grounds of family responsibilities. These instruments contain
a clear gender dimension, acknowledging women's unpaid care work and the need
to reduce, redistribute, and remunerate such work.

2) Maternity Protection Convention, 2000 (No.
183) and Recommendation 191 stipulate
that all employed women, including those in atypical forms of dependent work,
are entitled to a minimum of 14 weeks paid maternity leave (with six weeks
compulsory postnatal leave), medical benefits covering: prenatal, childbirth
and postnatal care, as well as hospitalisation when necessary, cash benefits to
ensure proper living conditions for mother and child, calculated at two-thirds
of previous earnings or equivalent, funded through social insurance or public
funds. Convention 183 specifically prohibits dismissal during pregnancy,
maternity leave, or breastfeeding periods unless for reasons unrelated to
pregnancy or nursing (with the burden of proof on the employer, and pregnancy
testing during recruitment. It guarantees the right to return to the same or an
equivalent position at equal pay and paid daily breaks or reduced working hours
for breastfeeding.

3) The Domestic Workers Convention, 2011
(No. 189) and Recommendation 201
provide that women and men domestic workers globally who care for families and
households must have the same basic labour rights as other workers, including
specifically reasonable hours, weekly rest of at least 24 consecutive hours,
limits on in-kind payments, clear written terms and conditions of employment,
and protection of fundamental work principles (those referenced earlier). While
data on domestic workers is difficult to obtain, ILO estimates that women
represent the majority of such workers.

4) The Violence and Harassment Convention,
2019 (No. 190) and Recommendation 206
define "violence and harassment" as encompassing unacceptable
behaviours or threats -  whether single
or repeated incidents - that cause or may cause physical, psychological, sexual
or economic harm. They specifically define "gender-based violence and
harassment" as such conduct targeting individuals because of their sex or
gender or disproportionately affecting a particular sex or gender, including
sexual harassment. The Convention establishes that workplace violence and
harassment can constitute a human rights violation and contradict decent work
principles. Its broad scope covers conduct occurring during work, in
work-related contexts (sanitary facilities, work trips, training, or social
activities), through work communications (including ICT), and during commutes.
The protections apply to all workers regardless of contractual status. Both
instruments recognise the effects of domestic violence and require measures to
mitigate its impact. Ratifying States must implement inclusive, integrated, and
gender-responsive prevention strategies, including against third-party
perpetrators. Recommendation 206 lists high-risk sectors (isolated work,
healthcare, hospitality, domestic work, transport, and education) where women
workers predominate. The Convention requires enforcement mechanisms, effective
remedies, training, and awareness campaigns. Recommendation 206 further advises
educational initiatives to address root causes, including power imbalances and
gender, cultural, and social norms that enable violence and harassment.

Beyond explicit
gender equality instruments, numerous technical labour standards on employment
promotion, working conditions, social protection, and international labour
migration indirectly advance gender equality. While some older texts may use
masculine pronouns (e.g., "…the worker, he shall have the following
rights…), the International Labour Conference has ensured that all ILO
instruments must be interpreted as inclusive of both women and men.[15] Examples of the technical
standards that are gender mainstreamed include: Employment Policy Convention, 1964 (No. 122), Human Resources Development Convention, 1975 (No. 142), Social Security (Minimum
Standards) Convention, 1952 (No. 102), and Termination of Employment Convention, 1982 (No. 158). Notably,
Convention No. 158 explicitly prohibits termination based on sex, marital
status, family responsibilities, pregnancy, or maternity leave absence.

Together, these
texts show how dignity and fairness shape global understandings of equality
between women and men. They draw States towards making social justice a reality
in practice.

Applied
Illustrations of Implementation of the Gender Equality Texts

The above
overview of UN and ILO standards demonstrates how gender equality and social
justice can blend both explicitly and implicitly. But can States Parties accept
and apply this "minted coin" concept in law and practice? And how is
this being done?

A positive
answer emerges when examining real-world applications in the labour sector.   Since
1964, the ILO's CEACR has recorded progress in applying ratified gender
equality standards..[16] Its 2024 report notes
"satisfaction" (the CEACR term for States demonstrating measurable
improvements in gender equality implementation) regarding Convention 111 in El
Salvador (where Labour Law now guarantees immediate reinstatement for women
dismissed during pregnancy or postpartum), and Lesotho (where the 2022  Harmonisation of the Rights of Customary
Widows with the Legal Capacity of Married Persons Act grants customary widows
property rights over marital estates).

The 2024 cases
demonstrating the satisfactory application of Convention 100 include three
significant implementations. In Bolivia, Supreme Decree No. 4401 (2020)
mandates that "the State shall promote the entry of women into employment
and also the same remuneration for women and men for work of equal value"
and "it shall be prohibited to consider differences or justify the
existence of a wage gap through aspects directly or indirectly linked to the
fact of being a woman, on the grounds of pregnancy, maternity, paternity,
breastfeeding or family responsibilities." Canada's Federal Pay Equity Act
(effective 31 August 2021) requires federally regulated private and public
sector employers with at least 10 employees to develop and maintain pay equity
plans, with additional provisions for unionised workplaces and companies with
100 or more employees to establish joint pay equity committees. The Act also
created a Pay Equity Commissioner empowered to order compliance audits, impose
monetary penalties, and investigate complaints. Japan amended the Women's
Advancement Promotion Act (July 2022, MHLW Ordinance No. 104) to require
private employers with over 300 regular employees to disclose "differences
in wages between men and women."[17]

The above
examples of gender equality progress equally demonstrate social justice
advancement. Implementing practical measures to uncover pay disparities based
on sex or guaranteeing women's equal inheritance rights alongside men's lies at
the core of fairness and human dignity.

Conclusions

As
previously noted, a large number of soft law instruments highlight social
justice as essential for addressing contemporary challenges, reflecting a
21st-century need to pursue deeper fundamental justice, as the post-Second
World War instruments like the ILO Philadelphia Declaration sought more than
peace. An equally significant number of legally binding instruments (and soft
law, non-binding texts as well) establish sex-based non-discrimination, more
broadly framed as gender equality, as foundational for human well-being. This
legal evolution spans from ILO Convention 111 and UN CEDAW to the most recent
ILO Convention 190, which specifically targets violence and harassment,
particularly gender-based violence, in the world of work. The social justice
instruments consistently refer to equality and, more recently, gender equality,
both as a core component of the concept and as a key metric for assessing the
success of social justice measures. While gender equality texts may not
explicitly reference social justice, their practical implementation by state parties
frequently advances social justice objectives. For instance, legislative
reforms guaranteeing widows equal property rights with men demonstrate this
dual gender equality/social justice approach in action. Likewise, making equal
pay a reality through publishing wage differences, requiring pay audits, and
enforcing penalties for violations demonstrates how gender equality and social
justice work together.

The two concepts are more than two
sides of the same coin. They are fundamentally fused, comprising the very
substance of the coin itself. This integrated approach carries substantial
weight in policymaking circles. In good and bad times (such as the COVID-19
pandemic), social justice remains unattainable while gender inequalities endure,
just as gender equality cannot be achieved without social justice. Together,
they form a powerful foundation for human well-being, sustainable development,
and peace. For policymakers and international actors, this means any
single-concept approach, whether ideologically or pragmatically motivated, will
not work, producing inadequate outcomes for all genders.

A deeper
understanding of this fundamental interdependence remains crucial in our
contemporary world. Initiatives like the Global Coalition for Social Justice
may foster awareness by reinvigorating multilateral efforts to advance both
social justice and gender equality. Readers will be well-advised to follow the
Coalition's developments, helping ensure "the one coin" enters
regular use rather than becoming just a commemorative collector's item.

References

ASEAN (2021). ASEAN Guideline on
Gender Mainstreaming into Labour and Employment
Policies Towards Decent Work for All.
ASEAN Secretariat Jakarta. https://asean.org/wp-content/uploads/2022/04/GM_Publication_Final_15-12_2_2021_OK-min.pdf

Berik, G., Rodgers, Y., & Zammit, A. (2008). Social Justice and Gender
Equality: Rethinking Development Strategies and Macroeconomic Policies (1st ed.). Routledge.

Hellmann, T., Schmidt P., & Heller S. M. (2019). Social Justice in
the EU and OECD - Index Report 2019. Bertelsmann Stiftung Germany.

Donert, C. (2024). Social
Justice or Sexual Justice?: Social Justice and the Problem of Women in
Twentieth-Century Europe. In M. Conway & C. Erlichman (eds.), Social Justice in Twentieth-Century Europe
(pp. 205–223). chapter, Cambridge: Cambridge University Press.

Hawkes, S., Gamlin,
J., & Buse, K. (2022) Social justice: what's in it for gender equality and
health? BMJ 2022; 376:o431. https://doi.org/10.1136/bmj.o43

ILC 107th
Session. (2018). Report of the Director-General The Women at Work Initiative: The push for equality. Report 1(B). ILO, Geneva.

Miller, D. (2001).
The Scope of Social Justice. In Principles
of Social Justice (pp. 1-20). Cambridge, MA and London, England: Harvard
University Press. https://doi.org/10.4159/9780674266117-002

Truong, T.D. et al.
(eds.)
(2014). Migration, Gender and Social Justice: Perspectives on Human
Insecurity and Environmental Security and Peace vol. 9, DOI 10.1007/978-3-642-28012-2_1. Springer, Berlin, Heidelberg.

Turquet, L. (31 May 2021).
Gender equality, sustainability and social justice: A roadmap for recovery. Davos agenda, World Economic Forum. https://www.weforum.org/agenda/2021/05/sustainability-social-justice-women-recovery/

UN Women. (2021). Beyond
Covid-19: A Feminist Plan for Sustainability and Social Justice. UN Women
NY.

[1] Global
Human Rights & Gender Equality Consultant, former Director of ILO’s Gender
Equality Bureau; editor of the International Labour
Law Reports.

[2]
UN Commission on the Status of Women, Accelerating the achievement of gender
equality and the empowerment of all women and girls by addressing poverty and
strengthening institutions and financing with a gender perspective: Report of
the Secretary-General, E/CN.6/2024/3, 12 January 2024.

[3]
ILC, 111th Session, Report of the Committee of Experts on the
Application of Conventions and Recommendations, Report III (PartA), para.51 (ILO, Geneva, 2023).

[4]
UN Commission on the Status of Women, 68th Session, Agreed
Conclusions, E/CN.6/2024/L.3, 25 March 2024 at https://docs.un.org/en/E/CN.6/2024/L.3.

[5]
ILO, Constitution, First Preambular Preamble, 1919, followed by the
reference in Part II of ILO’s Declaration of Philadelphia of 1944,
subsequently annexed to the original Constitution, repeating “the
(demonstrated) truth … that “lasting peace can be established only if it is
based on social justice”.” ILO has made the attainment of social justice the
central aim of all national and international policies, as witnessed by the
reference to “the universal aspiration for social justice” in the Preable to the Declaration on Social Justice for a Fair
Globalization, 2008, as well as the characterisation
of social justice as a “fundamental value” along with freedom, human dignity,
security and non-discrimination. See

https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000%3A62%3A0%3A%3ANO%3A62%3AP62_LIST_ENTRIE_ID%3A2453907%3ANO.

[6]
ILC, 109th Session, Resolution concerning inequalities and the
world of work, ILC.109/Resolution XVI. (International Labour
Office, Geneva, 2021) at paras 12 and 24(a) at

https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40ed_norm/%40relconf/documents/meetingdocument/wcms_832096.pdf

[7]
ILC, 111th Session, Advancing social justice, ILC.111/Report
1A. (International Labour Office, Geneva, 2023).
Para.5 states “Social justice is reflected in the aspiration that “all human
beings, irrespective of race, creed or sex, have the right to pursue both their
material well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportunity”. See also the
Governing Body’s Oct.-Nov.2023 decision welcoming the Global Coalition for
Social Justice in GB.349/INS/4,
para. 52.

[8]
UN, Department of Economic and Social Affairs (DESA), Social Justice in an
Open World: the Role of the United Nations, 2006, ST/ESA/305, p. 7. DESA’s
report, at pp. 17-19, identified six inequalities that can severely impair the
pursuit of social justice being inequalities in: the distribution of income;
access to assets; access to work and remunerated employment; gaining knowledge;
health services, social security provision and safe environents;
and opportunities for civic and political engagement and participation. With
time, other UN entities have been more precise in linking gender equality and
social justice, e.g. in 2014, Member States of the Economic and Social
Commission for Western Asia (ESCWA) reached regional consensus on a definition of social justice, which includes equal rights
and access to resources and opportunities to all men and women with
social justice centred on the principles of equality,
equity, rights and participation. E/ESCWA/28/8, 5 May 2014 at
https://documents.un.org/doc/undoc/ltd/i14/001/29/img/i1400129.pdf?token=iZsAEHCggiLC2jIiw6&fe=true.

[9]
UN General Assembly, 62nd Session, Resolution 62/10 World Day of Social
Justice, A/RES/62/10 of 18 December 2007, para.4.

[10] UN, Beijing
Platform for Action (UN, NY,1995) paras 164,187 and 189 at https://www.unwomen.org/en/digital-library/publications/2015/01/beijing-declaration

[11]
https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/cedaw.pdf. As at April 2025 CEDAW has been ratified by 189
of the193 UN Member States.

[12] Texts
available at

https://www.ohchr.org/en/core-international-human-rights-instruments-and-their-monitoring-bodies.

[13]
As at April 2025, this Convention has been ratified or acceded to by 60 States.

[14]
As at April 2025, ratifications of Convention 111 totalled
175 of ILO’s 187 Member States; for Convention 100, ratifications totalled 174.

[15]
ILC resolution
concerning gender equality and the use of language in legal texts of the ILO (which is accompanied by an
Editor’s Note to be attached to the Organization’s 1919 Constitution in order
to avoid sexist language), 100th Session, ILO, Geneva, 2011.

[16]
In some States ratified international instruments enter directly into the
panoply of national legal texts and can be relied on by courts; in others,
government must take the additional step of domesticating the ILS principles
into the national legal framework. For more detail on the ILO’s supervisory
system, see Rules of the Game,
Centenary Edition, ILO, Geneva, 2019 available at www.ilo.org/normes.

[17]
ILC, 112th Session, Report of the Committee of Experts on the
Application of Conventions and Recommendations, Report III (Part A), para.
117 (ILO, Geneva, 2024).