A/HRC/15/40
with regard to inheritance, land, property and credit, hinder women’s economic
empowerment and their ability to move out of poverty”.16 In relation to violence against
women, the review noted that discriminatory provisions continue to exist, such as
reductions in sentences for perpetrators who marry victims, mitigation for sentences in the
case of so-called “honour” crimes, excessively narrow definitions of rape, ineffective
enforcement of new laws, and resolution of cases of violence against women outside formal
justice systems.17
20.
While there has been progress towards achieving the Millennium Development
Goals, overall the review notes that “Progress for women and girls in many areas covered
by the Millennium Development Goals lags behind overall gains. This outcome is
indicative of the insufficient attention given to the gender equality dimensions in national
development policies and strategies related to the achievement of the Millennium
Development Goals.”18
21.
The reports of the Working Group on Communications of the Commission on the
Status of Women also confirm that there is a continuing problem with laws and practices
that discriminate against women. Under the Commission communications procedure, this
Working Group annually reviews communications submitted to the United Nations and
brings to the attention of the Commission those which appear to reveal a consistent pattern
of reliably attested injustice and discriminatory practices against women. In 2005 the
Working Group expressed concern that a pattern was to be seen in “the continued existence
of legislation or practices in many areas either intended to or with the effect of
discriminating against women, despite the international obligations and commitments of
States and their constitutional provisions to outlaw such discrimination.”19
22.
This language has been reiterated in subsequent years, reflecting a consistent
pattern.20 The report of the Working Group to the fifty-fourth session of the Commission,
identified among the categories of cases most frequently submitted to the Commission
communications involving legislation and practices that discriminate against women in
civil and political rights; personal status, including marriage and divorce; the right to own
and inherit property; and employment, including equal pay and other forms of
discrimination in the workplace.21
23.
Thus it is clear that, notwithstanding the significant progress that has been made in
the removal of laws and practices that discriminate against women, such laws and practices
persist in all parts of the world, and have an impact on the enjoyment by women of their
human rights and the process of development, including on the achievement of the
Millennium Development Goals. The Human Rights Council has noted that despite the
pledges made by governments “to modify or abolish remaining laws that discriminate
against women and girls, many of those laws are still in force and continue to be applied,
thereby preventing women and girls from enjoying the full realization of their human
rights” and recognized that “women’s inequality before the law has resulted in the lack of
equal opportunities for women in education, access to health, economic participation,
access to labour and disparities in salaries and compensation, public and political
16
17
18
19
20
21
Ibid., para 19.
Ibid., para 149.
Ibid., para 427. See also United Nations Department of Economic and Social Affairs, The Millennium
Development Goals Report 2010.
E/2005/27-E/CN.6/2005/11, chapter III, para. 7 (d).
See E/2006/27-E/CN.6/2006/15, chapter III, para. 8 (d); E/2007/27-E/CN.6/2007/9, chapter III, para
8(d); E/2008/27-E/CN.6/2008/11, chapter III, para. 7 (d) of the report of the Working Group on
Communications concerning the Status of Women; and E/CN.6/2006/8, paras 35-38.
E/2010/27- E/CN.6/2010/11, chap III, para 7 (i).
7
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