The aim of the project was to examine the advisability of creating a new mechanism to address laws that discriminate against women. The first key objective was to overview existing UN mechanisms to ascertain the extent to which they addressed the issue of discriminatory laws. This involved interviewing UN human rights and agency officials working in both Geneva and New York and also reviewing the reports and jurisprudence of human rights committees and special procedure mechanisms. The second was to try to get national data on laws that discriminate against women. This was done using a questionnaire.
The report assesses how reservations entered by States parties when ratifying human rights treaties have impacted upon the attainment of equality and specifically women’s ability to enjoy their rights. The fact that some reservations entrench legal discrimination against women calls into question the commitment of States parties to the principle of non-discrimination.
Key Findings:
- Analyses of the work done by special procedure mandate holders shows that there has, over the years, been greater attention paid to issues affecting the enjoyment by women of their rights. This may reflect the fact that some mandates now specify that mandate holders look at issues pertaining to women/gender in their work. While some have identified (discriminatory) laws affecting women’s ability to enjoy their rights, many more have focused on the de facto situation of women painting a picture of exclusion. Nevertheless, it remains true to say that with some notable exceptions, a consistent focus on the rights of women has, at times been missing.
- While the work undertaken by the Special Rapporteur on violence against women is crucial, not all violations occurring to women were violence related. Some respondents also noted that although a focus on de jure laws would not solve all the problems facing women, it would be an important step in the right direction. At the very least laws that apply to everybody should not be discriminatory. Discrimination cannot be stopped overnight. Laws reflect the government position on women’s rights. States should therefore repeal or amend laws that discriminate against women.
- There is clear evidence that even those States whose constitutions guarantee equality before the law (the majority) have laws that discriminate against women. Personal status laws were identified as the most problematic. Discriminatory provisions were found in laws enshrining a lower age of marriage for girls than boys and, in some cases, sanctioning child marriage, paternal power vis-à-vis decisions concerning the child which was often linked to marital power over the wife, discrimination in nationality and citizenship laws, different grounds for divorce and discriminatory property division on death and divorce. Even procedural laws were sometimes found to be discriminatory privileging male witnesses over female ones. Discriminatory practices and provisions were also identified in employment law and criminal law.
Recommendations:
- Consideration should be given to the appointment of a Special Rapporteur on laws that discriminate against women whose mandate should mirror those of existing special procedure mechanisms. If the UN is to maintain its credibility then it will have to ensure that the failure to meet the removal of laws that discriminate against women is dealt with as a matter of urgency.
