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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:
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.
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