A/HRC/15/40
reform bodies53), academic commentators,54 and women’s groups and other nongovernmental organizations. The scale of the problem and its persistence is clear. Despite
significant reforms, the international community has fallen short of its goal of eliminating
discriminatory laws and practices by 2005. In 2010, in all regions of the world there are still
many instances of laws that clearly discriminate against women in their terms and
assumptions, and in all countries there are laws which indirectly discriminate against
women or which are implemented in a discriminatory manner.
IV.
Options for action: conclusions and recommendations
52.
The issue is thus what additional steps the United Nations human rights system
might take to stimulate further reform of discriminatory laws and enhance domestic
monitoring processes to identify new laws that discriminate explicitly or that are
discriminatory in impact or implementation. The contribution by the United Nations
system through existing mechanisms and practices, and any new steps that might be
adopted, can only be part of any solution. United Nations bodies can contribute to the
identification of laws that discriminate (including by providing tools for analysis);
facilitate the sharing of model laws and best practices in legislation and
implementation; provide technical assistance; and support the work of national
governments, parliaments, national human rights institutions and others. However,
the main impetus for reform must come from the national level.
A.
Human Rights Council
53.
The steps taken by the Human Rights Council to ensure that women’s rights
issues and gender integration are addressed have created a space for discussion on
topical matters affected by the lack of equality of women and men before the law: one
example is the attention that was given to maternal mortality and morbidity at its
fourteenth session. This should be continued, refined and strengthened by ensuring
follow-up. The identification of “gender focal points”, in the form of a group of selfidentified States, has been suggested in plenary panels and merits further
consideration.
54.
The Human Rights Council may wish to consider requesting regular updates
on the extent and nature of laws that discriminate against women and good practices
in eliminating these, drawing upon the findings of the United Nations human rights
machinery and the broader United Nations system.
55.
An earlier report of the High Commissioner for Human Rights made a number
of suggestions as to how gender perspectives could be better integrated into the
universal periodic review (UPR) process.55 An evaluation of how the State under
review has met its obligations to eliminate laws discriminating against women could
53
54
55
14
available at http://www.cidh.org/pdf%20files/bolivia.07.eng.pdf. The Commission also publishes
special reports on women’s rights in particular countries and thematic reports on women’s human
rights.
For access to a searchable database of the reports of Commonwealth law reform bodies, see the Law
Reform Project database of the World Legal Information Institute at
http://www.worldlii.org/int/special/lawreform/.
See, for example, Fareda Banda, “Project on a mechanism to address laws that discriminate against
women” (2008), available at http://www2.ohchr.org/english/issues/women/documentation.htm.
A/HRC/12/46, paras. 55-59.
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