A/HRC/15/40
Rights has provided a similar overview of the nature of discrimination on the ground of sex
under article 2 (2) and 3 of the International Covenant on Economic, Social and Cultural
Rights.9 The Human Rights Committee has also analysed discrimination on the basis of sex
and the obligations of States parties to the International Covenant on Civil and Political
Rights to eliminate discrimination and ensure equality between women and men
consistently with the approaches of the other two committees mentioned above.10
14.
In addition to the legal obligations to eliminate discrimination against women in law
and practice which have been assumed under these and other treaties, Member States
undertook to pursue related goals at the Fourth World Conference on Women. The Beijing
Platform for Action expressed concern about the lack of both de jure and de facto equality
for women:11
“Women’s full enjoyment of equal rights is undermined by the discrepancies
between some national legislation and international law and international
instruments on human rights. … De facto inequality is also perpetuated by
the lack of enforcement of... laws or codes, or administrative rules and
regulations intended to ensure women’s full enjoyment of human rights and
fundamental freedoms.”
15.
The Platform included as a strategic objective “ensur[ing] equality and nondiscrimination under the law and in practice”. Governments were called on take a number
of actions, many corresponding to the obligations in article 2 of the Convention on the
Elimination of All Forms of Discrimination against Women.12
16.
The Special Session of the General Assembly to review implementation of the
Beijing Platform for Action in 2000 noted that, while significant progress had been made in
many areas, “discriminatory legislation as well as harmful traditional and customary
practices and negative stereotyping of women and men still persist” particularly in family,
civil, penal, labour and commercial laws or codes, or administrative rules and regulations.
The review referred explicitly to legislative and regulatory gaps, lack of implementation of
existing legislation and regulations and the introduction of new discriminatory laws,
perpetuating both de jure and de facto inequality and discrimination.13
17.
The 2005 and 2010 reviews of the Platform concluded that women everywhere are
still subject to significant disadvantage as the result of discriminatory laws and practices
and that de jure and de facto equality has not been achieved in any country in the world.14
18.
The 2010 review also noted that discriminatory provisions continue, in particular in
family, divorce and personal laws, penal codes, nationality laws and laws relating to
inheritance and ownership of land and property, and noted the impact of multiple legal
systems, with discriminatory customary and religious laws and practice. It also recognized
that even where legal reforms have taken place, they are often ineffectively implemented.15
19.
The review equally emphasized that “lack of legal provisions guaranteeing the
economic rights of women, coupled with customary laws that discriminate against women
9
10
11
12
13
14
15
6
General comment No. 20, paras 8-13.
General comment No. 28.
Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations
publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II, para. 219.
Ibid., strategic objective I.2, para 232.
General Assembly resolution S-23/3 on further actions and initiatives to implement the Beijing
Declaration and Platform for Action, annex, para 27.
E/2010/4-E/CN.6/2010/2, para. 307.
Ibid., paras. 309 and 310.
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