OHCHR: WRGU - LAWS THAT DISCRIMINATE AGAINST WOMEN

PROJECT ON A MECHANISM TO ADDRESS LAWS THAT DISCRIMINATE AGAINST WOMEN

Commissioned by: Office of the High Commissioner for Human Rights ?

Women's Rights and Gender Unit Consultant: Dr. Fareda Banda Release date: 6 March 2008

ACKNOWLEDGEMENTS I would like to thank Madeleine Rees, Dutima Bhagwandin, Vanessa Gorzcyka and all of the Women's Rights and Gender Unit for their help. I should also like to acknowledge Jane Connors. They have been a pleasure to work with and I am very grateful to them for their time and many kindnesses. Having seen first hand just how busy UN personnel are, I am deeply grateful to those who agreed to be interviewed for this project. I thank them for their time, useful insights and the onward transmission of reports and materials which have proved useful. My thanks also go to the UN translations unit. The focus of the report was on laws that discriminate against women. It would not have been possible to have written this report without the help of those who responded to the questionnaire. I am very grateful to them for taking the time to respond, often in some detail, to the questions. Without you, this report would not have been possible. Finally I would like to thank Thoko Kaime for research assistance and Craig Liddle for support. I take full responsibility for the content of this report, including any mistakes, which I am happy to correct.

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TABLE OF CONTENTS ACKNOWLEDGEMENTS EXECUTIVE SUMMARY 1 INTRODUCTION 5 PART A: NON-DISCRIMINATION AND EQUALITY

14 Intersectionality 18 Reservations 23 PART B: REGIONAL HUMAN RIGHTS INITIATIVES 23 The European Convention on Human Rights 25 The Inter-American System 29 The African System 36 The Arab Charter 40 PART C: MAINSTREAMING WITHIN THE U.N. 41 Treaty Bodies 42 CEDAW 50 Special Procedures 56 PART D: LAWS THAT DISCRIMINATE AGAINST WOMEN 63 Age of marriage 73 Nationality/citizenship discrimination 83 Obedience laws ? husband's marital power 85 Non-consensual sex in marriage 89 Crimes in the name of "honour" 89 Discrimination in procedural and sentencing laws

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91 Polygyny

95 Grounds for divorce

98 Post divorce property settlement

103 Succession and inheritance

107 Discrimination in employment

109 Night work and mine work

111 Barriers to employment-the requirement for family or spousal consent

113 Maternity policy ?hampering women's ability to participate in the labour market

114 Entitlement to Pension and other Benefits

115 Summary

117 PART E: IS THERE NEED FOR A SPECIAL RAPPORTEUR ON LAWS THAT DISCRIMINATE AGAINST WOMEN?

117 Arguments against the appointment of a Special Rapporteur on laws that discriminate against women

122 Engaging the arguments against-arguments in favour of the appointment of a Special Rapporteur on laws that discriminate against women

129 Other arguments in favour of the appointment of a Special Rapporteur on laws that discriminate against women

132 Possible mandate of a Special Rapporteur on laws that discriminate against women

134 To have or not to have a Special Rapporteur on laws that discriminate against women?

138 PART F: CONCLUSION AND RECOMMENDATIONS

141 APPENDICES

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141 Appendix A ? Consultant's Terms of Reference 144 Appendix B ? Methodology 148 Appendix C ? Cover Letter and Questionnaire 152 Appendix D ? Questionnaire Recipients

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