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Unequal Under the Law

Equality Now's Campaign to Eradicate Discriminatory Laws: 10 Years After the Beijing Conference on Women

Brief Historical Background

Since the inception of the United Nations after World War II and Eleanor Roosevelt’s heroic efforts that led to the adoption of the Universal Declaration of Human Rights in 1948, governments have repeatedly affirmed the fundamental right to equality in international treaties, as well as in most national constitutions around the world. Nevertheless, the most blatant forms of state-sanctioned sex discrimination continue virtually everywhere. Often under the guise of religion, tradition or custom, governments condone and enforce discriminatory laws that perpetuate the unequal economic, marital and social status of women.

In 1995, delegates from 189 countries at the United Nations Fourth World Conference on Women in Beijing adopted a Declaration reaffirming their fundamental commitment to “the equal rights and inherent human dignity of women and men.” They also adopted the Beijing Platform for Action in which they pledged to “revoke any remaining laws that discriminate on the basis of sex.” In 2000, they agreed to do so “as soon as possible, preferably by 2005…”

Yet these governments still exhibit little or no political will to execute these commitments. In 1999, Equality Now launched a campaign calling on governments to fulfill their pledge to eradicate sex discriminatory laws by the time of the 2000 Beijing + 5 review. That did not happen. Equality Now’s campaign was re-launched in 2004 calling on governments to fulfill their pledge by the agreed target date of 2005. This is the year of reckoning.

Why focus on the eradication of discriminatory laws?

Law is the most formal expression of government policy. A government that allows discriminatory laws to remain in force endorses and promotes inequality. Without equality under law, women have no recourse when they face discrimination that affects all aspects of their lives including security, bodily integrity, family life, community status, and political, economic and social prospects.

The fact that there are any laws--in fact so many laws--that explicitly discriminate against women 10 years after the adoption of the Beijing Platform for Action, 25 years after the adoption of CEDAW and 55 years after the adoption of the Universal Declaration of Human Rights affirming that “all human beings are born free and equal in dignity and rights,” is unacceptable. Actually, many of these laws have been enacted in our lifetime, in defiance of national and international law and against the progress made by women’s groups around the world working for equality and justice.

How do these laws affect women’s lives?

A few examples of discriminatory laws around the world:

In 1984, Algeria adopted its Family Code that restricts women’s rights in marriage by providing for polygamy, mandating wife obedience and restricting grounds for divorce for women. It is reported that during the debates preceding the adoption of these laws, deputies debated for days within the National Assembly on the length of the stick with which a man could beat his wife.

Wife obedience laws exist in a number of other countries, including Sudan (in a 1991 law) and Yemen (1992), where the law explicitly provides that wives must be available to their husbands for sex and that they cannot leave the marital home without permission. In Chile, the marital partnership is to be headed by the husband.

Marital rape: a woman often has no legal protection from rape by her husband. Malaysia, for instance, explicitly excludes forced marital sex from its rape laws.

Domestic violence: The penal code in Nigeria permits husbands to use physical violence to “chastise” their wives as long as it does not result in “grievous harm,” which is defined as loss of sight, hearing, power of speech, facial disfigurement, or other life threatening injuries.

Discrimination in marriage age: In countries as diverse as Japan and Romania, men are not eligible for marriage before eighteen while girls can be married at a younger age under the law.

Polygamy is allowed in many countries including Mali and Tanzania.

So-called crimes of “honor” are crimes whereby men can kill their wives with legal impunity in Haiti and Syria.

In Saudi Arabia, no woman can drive, since it is “known that this is a source of undeniable vice…” and “…entails women meeting with men without taking the necessary precautions” (Fatwa issued in 1990).

In Pakistan, a woman’s word is worth half of a man’s as evidence in a court of law and to prove that she has been raped, she has to have at least “four Muslim adult male witnesses…[to] give evidence as eye-witnesses of the act of penetration…”

In Israel, unlike a man, a Jewish woman has no right to divorce as governed by rabbinical law and sanctioned by state law.

Some countries make selling sex a crime while buying sex is not, thereby criminalizing those who are exploited, mainly women, while at the same time not holding those who exploit them, almost always men, accountable for this abuse. In the Philippines, prostitution is legally defined as a crime only women can commit.

Women are denied equality under labor laws in many countries, often treated the same as children and denied opportunities available to men, ostensibly for their own “protection.” For example in Bolivia, “women and children under the age of 18 shall only work during the day, except in the fields of nursing, domestic service, and others which shall be determined.” Nor is this a problem confined to old ways of thinking. Latvia completely revised its Labour Law in 2001—without removing the discrimination. In many countries including the United Kingdom and Australia, women are excluded from equal opportunity to serve in the military.

In many countries, including Monaco, Bangladesh, Kenya and the United States, laws promote barriers to citizenship based on the sex of a parent or spouse.

These are only a few examples of pervasive discrimination by law. The extent of violence and discrimination against women condoned by governments around the world is staggering.

Equality Now’s campaign to end discriminatory laws is simple: Equality under the law means equality under the law. The campaign is calling on governments to honor their commitment to the words and spirit of the Beijing Platform for Action by ensuring all women equality under the law--NOW.