A/HRC/15/40
laws; employment targets set by equal opportunities legislation; criminalization of sexual
harassment in the workplace; discriminatory provisions in civil codes, such as prohibitions
on women remarrying in the six months following divorce and provisions providing that
the husband is the head of the conjugal union; restrictive definitions of rape in the criminal
code and the need to ensure that incest and sexual abuse other than actual sexual intercourse
are considered serious criminal offences; eliminating the requirement for women to prove
resistance against an assault in order to establish rape; and the need to prosecute rape and
other crimes of sexual violence ex officio.40
42.
The Committee on Economic, Social and Cultural Rights, in its forty-second and
forty-third sessions held in 2009, recommended that States parties remedy the absence of
framework legislation embodying the principle of equal rights of men and women; ensure
equal remuneration for women and men and include in legislation specific provision on
equal pay for work of equal value; regulate employment conditions of domestic workers to
ensure that they enjoy the same legal protection as other workers; remove discrimination in
laws relating to the transmission of nationality by women to their children; eliminate
discrimination against women in legislation relating to inheritance of immovable property;
enact or amend abortion laws to protect women from the effects of clandestine and unsafe
abortions; and address the refusal of physicians to perform legal abortions.41
43.
The Committee has also addressed these issues in its general comments, in particular
in general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights, which notes the importance of addressing both direct and indirect discrimination in
laws, policies and practices; the role of legal rules in perpetuating systemic discrimination,
and multiple discrimination. It further underlined the importance of adopting specific
legislation prohibiting discrimination in the field of economic, social and cultural rights and
regularly reviewing laws “in order to ensure that they do not discriminate or lead to
discrimination, whether formally or substantively” in relation to the International Covenant
on Economic, Cultural and Social Rights.42
44.
The Committee on the Rights of the Child consistently addresses the situation of
girls and frequently draws attention to the role that legislation plays in perpetuating
discrimination against them. It has expressed concern about the low minimum legal age for
marriage and its implications for the well-being of girls; the discriminatory nature of
customary law; and the fact that, particularly in the context of property rights, this may
reinforce discrimination against girls.43
45.
The Committee against Torture has increased its attention to the gendered
dimensions of torture and cruel, inhuman or degrading treatment or punishment, regularly
requesting information to be broken down by gender, and has focused particularly on the
treatment of women in detention or other forms of custody.44
46.
The Committee against Torture has also gone beyond situations of detention
addressed in its general comment No. 2 (2007) on the implementation of article 2 by States
parties, and brought domestic violence and the absence or lack of enforcement of relevant
laws into its dialogue with States parties, and addressed violations of women’s reproductive
rights.45 The Committee has also drawn attention to legislation that “severely restricts
access to voluntary abortion, even in cases of rape, leading to grave consequences,
40
41
42
43
44
45
12
See, for example, A/64/40 (vol. I), paras. 85 (13), 86 (10), 85 (10), 88 (9) and 85 (14).
See, for example, E/2010/22-E/C.12/2009/3, paras. 415, 200, 166, 374, 377, 252 and 428.
Paras. 10, 12, 17 and 37.
See, for example, CRC/C/TJK/CO/2, paras. 24-25 and CRC/C/15/Add.172, paras. 25-26.
See, for example, CAT/C/UZB/CO/3, para. 28 and CAT/C/USA/CO/2, para. 33.
See, for example, CAT/C/BEN/CO/2, para. 24.
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