A/HRC/15/40
and fifty-first sessions the Commission considered two reports on the subject prepared by
the Secretary-General (E/CN.6/2006/8 and E/CN.6/2007/8), but did not establish a
mechanism to address discriminatory laws.
II.
International standards, obligations and commitments
A.
Equality between women and men - elimination of discrimination
against women
4.
The attainment of equality between women and men, and the elimination of all
forms of discrimination against women are fundamental United Nations values. Under
articles 56 of the Charter of the United Nations, all Member States “pledge themselves to
take joint and separate action in co-operation with the Organization for the achievement of
the purposes set forth in Article 55”, which includes promotion of “universal respect for,
and observance of, human rights and fundamental freedoms for all without distinction as to
race, sex, language, or religion.” Article 2 of the Universal Declaration of Human Rights
states that “Everyone is entitled to all the rights and freedoms set forth in [this] Declaration,
without distinction of any kind, such as race, colour, sex, language, religion…”. These
commitments are reflected in instruments that address discrimination against women,
including the Convention on the Elimination of All Forms of Discrimination against
Women, the Declaration on the Elimination of Discrimination against Women, and the
Declaration on the Elimination of Violence against Women.
5.
The principle of equality and non-discrimination on the grounds of sex is included in
the principal United Nations human rights treaties, all of which guarantee to women the
enjoyment of the rights contained in them, without discrimination and on the basis of
equality. The International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights both guarantee the enjoyment of the
rights they elaborate without discrimination or distinction based on sex, and “the equal right
of men and women” to the enjoyment of those rights (article 3). Similar obligations are
found in the Convention on the Rights of the Child (article 2), the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families
(articles 1 and 7), and the Convention on the Rights of Persons with Disabilities (article 6).
6.
Treaties adopted under the auspices of specialized agencies of the United Nations, in
particular by the International Labour Organization (ILO) and the United Nations
Educational, Scientific and Cultural Organization (UNESCO), and regional human rights
treaties, provide further evidence of the extent to which the principle of equality between
women and men is accepted by the international community.
7.
Achieving equality of women and men and the elimination of discrimination against
women have been central goals of major United Nations conferences. The World
Conference on Human Rights (Vienna, 1993) recognized the importance of the human
rights of women, as did the Fourth World Conference on Women (Beijing, 1995), as well
as the subsequent reviews of progress in the implementation of the Beijing Platform for
Action.
B.
Obligations and commitment of States to eliminate discriminatory laws
8.
In addition to their Charter obligations, most Member States of the United Nations
are bound by specific treaty obligations to eliminate discrimination against women. As at
31 July 2010 there were 186 States parties to the Convention on the Elimination of All
Forms of Discrimination against Women, in which they “condemn discrimination against
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