Discrimination in law

Nepal: Maternal Mortality and The Criminalization of Abortion—The Death of Bimla

Action Number: 
10.2
Update: 
UPDATE
Date: 
1998 May 1

BimlaThe 20-year-old Nepali woman in this picture is shown with her husband and two daughters, aged one and three years old. Shortly after this picture was taken, Bimla became pregnant again. Harassed by her in-laws, who feared that Bimla would have yet another daughter when they wanted a grandson, Bimla sought an abortion. The "back street" abortionist she found inserted two capsules in her vagina. The next day, after painful contractions, Bimla started bleeding.

What You Can Do: 

Please write to the Chairman of the Law Reform Commission, and to the other government officials named below. Express concern that the anti-abortion laws in Nepal have led to such a high maternal mortality rate and that many deaths might have been averted if safe and legal abortion had been available. Cite the United Nations Fourth World Conference on Women, held in 1995 in Beijing, which urged governments in its Platform for Action "to deal with the health impact of unsafe abortion as a major public health concern" and to consider "reviewing laws containing punitive measures against women who have undergone illegal abortions." Note also the recent WHO finding that anti-abortion laws kill women—they do not necessarily prevent abortions. Express support for efforts to amend the law on abortion, while noting concern over the provision requiring the husband's consent and the exclusion of unmarried women. Urge that the draft amendment be revised to address these concerns and passed into law as quickly as possible, in the interest of saving lives. Letters should be addressed to:

Chairman, Human Rights Committee
Parliament
Singh Darbar
Kathmandu, Nepal

Secretary
Parliament
Singh Darbar
Kathmandu, Nepal

Secretary
Ministry of Law
Babar Mahal
Kathmandu, Nepal

Secretary
Ministry of Women and Social Welfare
Social Welfare Building, Lainchaur
Kathmandu, Nepal

Nepal: Abortion Imprisonment-The Case of Lok Maya Adhikari

Action Number: 
10.1
Update: 
Not an update
Date: 
1996 Jun 1

Lok Maya AdhikariLok Maya Adhikari is a thirty-eight-year-old farmer in Bhadrapur, Nepal who has been in detention since June 1995, and is now serving a one-year sentence on the charge of having had an abortion. Married at the age of 15 and widowed at 32, Lok Maya was left with five children, the youngest of whom is six years old. Her children, two sons and three daughters, have been sent to live with an uncle while their mother serves her prison term.

What You Can Do: 

Please write to the Chairman of the Foreign and Human Rights Committee, and to the other government officials named below. Express concern that the anti-abortion laws in Nepal have led to such a high maternal mortality rate and that many deaths might have been averted if safe and legal abortion had been available. Cite the United Nations Fourth World Conference on Women, held last year in Beijing, which urged governments in its Platform for Action "to deal with the health impact of unsafe abortion as a major public health concern" and to consider "reviewing laws containing punitive measures against women who have undergone illegal abortions." Cite the case of Lok Maya Adhikari and question whether it is wise and whether it is just to treat a person under such circumstances, a widowed mother of five, as a criminal offender under the law, subject to imprisonment. Welcome the recent initiative to amend the law on abortion and provide access for women to safe and legal abortion, but express concern over the provisions requiring the husband or parent's consent. Urge that such provisions be deleted from the draft amendment, and that the amendment be passed into law as quickly as possible, in the interest of saving lives. Letters should be addressed to:

Hon. Jaya Prakash Anand
Chairman
Foreign and Human Rights Committee of the Parliament
Singh Darbar, Kathmandu, Nepal

Mr. Surya Kiran Gurung
Secretary
Parliament
Singh Darbar
Kathmandu, Nepal

Mr. Suresh Man Shresth
Secretary
Ministry of Law
Babar Mahal
Kathmandu, Nepal

Ms. Prabha Basnet
Secretary
Ministry of Women and Social Welfare
Social Welfare Building
Lainchaur
Kathmandu, Nepal

United States: Judicial Misconduct in the State of Maryland - The Peacock Case

Action Number: 
7.1
Update: 
Not an update
Date: 
1994 Dec 1

On October 17, 1994, in the Circuit Court for Baltimore County, Maryland, Judge Robert E. Cahill sentenced Kenneth Peacock for killing his wife Sandra on February 9, several hours after he found her in bed with another man. In delivering his decision at the sentencing hearing, Judge Cahill said, "I seriously wonder how many married men...would have the strength to walk away...without inflicting some corporal punishment, whatever that punishment might be.

What You Can Do: 

Join the efforts of women's organizations in Maryland to protest Judge Cahill's demonstrated insensitivity to the most extreme violence against women. Write to the Maryland Commission on Judicial Disabilities, asking them to investigate the Peacock case and take appropriate disciplinary action to demonstrate that the State of Maryland is committed to equal protection of the law, including the protection of women from domestic violence. Acknowledge the efforts of the Commission to reprimand Judge Bollinger for his conduct in the Gillette case but note that these efforts do not appear to have had much effect on the judge, indicating that more forceful action might be required in such cases. Contact the media and ask them to publicize the case of Judge Cahill. Send copies of your letters, and of any press clippings, to the Select Committee on Gender Equality and to the Women's Law Center.

The Honorable Theodore G. Bloom, Chair
Maryland Commission on Judicial Disabilities
Court of Special Appeals of Maryland
Courts of Appeal Building
361 Rowe Boulevard
Annapolis, Maryland 21401

Select Committee on Gender Equality
Courts of Appeal Building
361 Rowe Boulevard
Annapolis, Maryland 21401

The Women's Law Center
P.O. Box 5362
Lutherville, MD 21094-5362

Canada: Saudi Arabian Refugee Fleeing Gender Discrimination Allowed to Remain in Canada

Action Number: 
2.2
Update: 
UPDATE
Date: 
1993 Feb 1

The Saudi Arabian woman known publicly as "Nada," has been authorized by the Canadian Employment and Immigration Minister Bernard Valcourt to request permanent residence status in Canada. Nada arrived in Canada on April 5, 1991 seeking asylum as a refugee on the basis of gender discrimination she faced in her home country. On September 24, 1991 the Canadian Immigration and Refugee Board ruled that Nada was not a refugee.

What You Can Do: 

Please write to and/or call Mr. Bernard Valcourt, the Canadian Employment and Immigration Minister, welcoming his intervention on behalf of Nada and his broader efforts to address the issue of refugee status on grounds of gender discrimination. Letters, faxes, and telephone calls should be directed to:

The Honorable Bernard Valcourt
Minister of Employment and Immigration
140 Promenade du Portage, Phase IV, 14th Floor
Hull, Québec, K1A 0J9
Canada
Telephone: 819-994-2482
Fax: 819-994-0448

Canada: Saudi Arabian Refugee Fleeing Gender Discrimination Not Welcome in Canada

Action Number: 
2.1
Update: 
Not an update
Date: 
1992 Oct 1

The Saudi Arabian refugee known publicly as "Nada" arrived in Canada on April 5, 1991 seeking asylum as a refugee on the basis of gender discrimination she faced in her home country of Saudi Arabia. Despite the violence suffered by Nada in Saudi Arabia for her defiance of institutionalized gender discrimination, Nada's request for asylum has been denied by the Canadian Government.

What You Can Do: 

Please write to and/or call Mr. Bernard Valcourt, the Canadian Employment and Immigration Minister, and ask him to intervene on behalf of Nada to prevent her deportation to Saudi Arabia and to allow her to remain in Canada. Remind him that Canada holds itself out to the world as a leader in the promotion of gender equality and that the deportation of Nada and the remarks made by Commissioner Louis Dorion in his decision are inconsistent with Canadian obligations under international law and with the spirit of gender equality enshrined in the Canadian Charter of Human Rights. You may also wish to contact the Canadian Embassy in your country and convey your sentiments about this case to them. Please also contact your local media and ask them to publicize the plight of Nada. Letters, faxes, and telephone calls should be directed to:

The Honorable Bernard Valcourt
Minister of Employment and Immigration
140 Promenade du Portage, Phase IV, 14th Floor
Hull, Québec, K1A 0J9
Canada
Telephone: 819-994-2482
Fax: 819-994-0448

Poland: Medical Society Bars Doctors from Performing Legal Abortions

Action Number: 
1.2
Update: 
UPDATE
Date: 
1992 Jun 1

"We are living in a state of women's hell" is how the Parliamentary Women's Club described their situation in Poland since the new Physician's Code of Ethics entered into force on May 3, 1992. The new Code prohibits doctors in Poland from performing abortions, even though abortion is legal in Poland. For performing an abortion in violation of the Code of Ethics, a doctor could have his or her license to practice medicine revoked by the Polish Medical Society.

What You Can Do: 

Please alert the media to this crisis situation in Poland and continue to urge the Polish Medical Society to repeal the new Code of Ethics. Also, please contact the Constitutional Tribunal and request that they take immediate action to strike down the Physician's Code of Ethics on the grounds that it is inconsistent with Polish law. Letters, telex, telegrams and telephone calls should be directed to:

Dr. Tadeusz Chrusciel, President
Polish Medical Society
Naczelna Izba Lekarska
ul. Grojecka 65a
02-094 Warsaw, Poland
Tel: 48-22-22-15-73, 48-22-22-21-54
Fax: 48-26-58-17-01

Mieczyslaw Tyczka, President
Constitutional Tribunal
ul. Wiejska 4/6
Warsaw, Poland
Tel: 48-22-21-65-03
Fax: 48-22-29-49-22

Poland: Medical Society Bars Doctors from Performing Legal Abortions

Action Number: 
1.1
Update: 
Not an update
Date: 
1992 May 1

A new Physician's Code of Ethics, adopted in December 1991 by the Polish Medical Society, prohibits doctors from performing abortions, even though abortion has been legal in Poland since 1956. A bill to prohibit abortion was debated by the national legislature, the Sejm, during its last session and rejected. Several bills to restrict and prohibit abortion have been introduced in this session and are currently under debate in the Sejm.

What You Can Do: 

Please help Polish women protect their access to abortion, by alerting the media to this unusual situation in Poland, by contacting the Polish Medical Society directly, and by enlisting physicians and medical associations to contact the Polish Medical Society and express opposition to the provisions of the new Code of Ethics which would impose sanctions on physicians for performing health services in accordance with Polish law. Letters, telegrams and telephone calls should be directed to:

Dr. Tadeusz Chrusciel, President
Polish Medical Society
Naczelna Izba Lekarska
ul. Grojecka 65a
02-094 Warsaw, Poland
Tel: 48-22-22-15-73, 48-22-22-21-54
Fax: 48-26-58-17-01

Words and Deeds: Holding Governments Accountable in the Beijing +15 Review Process

Action Number: 
16.10
Update: 
UPDATE
Date: 
2010 Feb 1

Over sixty years ago, countries adopting the Universal Declaration of Human Rights proclaimed that “all human beings are born free and equal in dignity and rights.” That fundamental right has echoed for decades in conferences, treaties, and declarations. In 1995, in the Platform for Action adopted in Beijing, 189 governments agreed that laws that discriminate against women undermine equality, and pledged to “revoke any remaining laws that discriminate on the basis of sex.” Yet inequality, even in its most overt form, has not been vanquished.

What You Can Do: 

Please sign our petition, addressed to the heads of state indicated in our Beijing +15 report, calling on them to ensure that the laws mentioned, and any other discriminatory laws in force, are repealed or amended as a matter of urgency. Please call on your own government to undertake a comprehensive review, in conjunction with women’s groups, of existing laws to identify and amend any that continue to discriminate against women, as well as those which have a discriminatory impact on women. Ask them to finalize all review and implementation of all necessary legal and policy amendments as soon as possible. Appeals should be addressed to your Minister of Justice or Attorney-General, as well as your President or Prime Minister. Please also call on your government’s foreign ministry to support the creation by the Human Rights Council of a special mechanism on women’s equality before the law to accelerate the pace of legal reform around the world. Share this update and your concerns with the media and the general public to enlist their support in the campaign to hold governments accountable to the promises they made in Beijing. Please let Equality Now know about any discriminatory laws in your country and steps to change them.

Mexico: The abduction and murder of women in Ciudad Juárez and Chihuahua City

Action Number: 
28.1
Update: 
Not an update
Date: 
2006 Aug 1

Minerva TorresMinerva Teresa Torres Albeldaño, an eighteen-year-old woman from Chihuahua City in the State of Chihuahua, Mexico, disappeared on 13 March 2001 after leaving home to attend a job interview. It took nine days for the police to initiate a search for Minerva. They maintained that she had run away, denying the urgent and repeated requests of her parents for intervention.

What You Can Do: 

Please write to the authorities listed below. Remind them of the government’s obligations under CEDAW to ensure equal protection of the law to women. Urge them to find ways to ensure that all cases of the murder of women in Chihuahua State are appropriately investigated and punished, in particular by prosecuting all those officials considered by the Special Prosecutor to be criminally negligent in their investigations. Mention the case of Minerva Torres as a clear example of investigative misconduct and ask what is being done to bring to justice those who were responsible for the delay or obstruction of justice in her case, including State Public Prosecutor Jesús José Solís Silva, who had oversight responsibility at the time. Call on the authorities to make clear by prosecuting the responsible government officials that obstruction of justice will not be tolerated. Address your letters to:

MDP Patricia González Rodríguez
Chihuahua State Public Prosecutor
C. Vicente Guerrero #616
Col. Centro C.P. 31000
Chihuahua, MEXICO
Fax: +52 614 4 29 33 0

President Felipe de Jesús Calderón Hinojosa
Residencia Oficial de "Los Pinos"
Col. San Miguel Chapultepec
C.P. 11850, México, D.F., MEXICO
Fax: +52 55 52 77 23 76
To send an email to President Calderón, go to: http://contacto.presidencia.gob.mx/en

Send copies of your letters to the recently appointed Special Prosecutor for Attention to Crimes Related to Acts of Violence against Women in Mexico, Dr. Alicia Elena Pérez Duarte, at Río Amazonas No. 43 Piso 9, Col. Cuauhtémoc, Delg. Cuauhtémoc, C.P. 06500 México, D.F., MEXICO, Fax: +52 55 53 46 09 90, Email: atencionmujeres@pgr.gob.mx.

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