Ten years ago at the United Nations Fourth World Conference on Women, governments pledged in the Beijing Platform for Action to “revoke any remaining laws that discriminate on the basis of sex.” In 1999, Equality Now launched a campaign calling on governments to fulfill this pledge by the time of the 2000 Beijing + 5 review and highlighted a representative sampling of explicitly discriminatory laws in 45 countries in its report Words and Deeds: Holding Governments Accountable in the Beijing + 5 Review Process. In 2000, the Outcome Document of the Special Session of the General Assembly convened to review the Platform for Action established a target date of 2005 for revocation of all discriminatory laws. Equality Now relaunched its campaign in 2004 with an updated report on discriminatory laws still in force, calling on governments to fulfill their pledge by the 2005 target date. There have been significant legal reforms in some countries. Thirteen of the forty-five countries highlighted in Equality Now’s initial report have effectively repealed or amended the discriminatory laws highlighted. These countries are The Bahamas, Colombia, Costa Rica, France, Jordan, Mexico, Morocco, Papua New Guinea, Peru, Serbia and Montenegro, Switzerland, Turkey, and Venezuela. Several other countries are in the final stages of law reform. Such reform moves from words to action, reflecting a commitment to implementation of the Platform for Action. However, the great majority of discriminatory laws highlighted in Equality Now’s reports and many more around the world remain in force. The 2005 target date has not been realized by most governments.
A new mechanism is urgently needed to carry forward the process of eliminating legalized discrimination against women. The establishment by the United Nations Commission on the Status of Women (CSW) of a Special Rapporteur on laws that discriminate against women would support and facilitate the continued implementation of the commitment made in the Beijing Platform for Action to revoke these laws. A Special Rapporteur reporting annually to the CSW could accomplish this task in an innovative manner that builds on and breathes new life into the Platform for Action. A Special Rapporteur would allow the CSW to highlight ways in which member states have used law reform effectively to counter discrimination against women and would be able to engage in a dialogue with States regarding laws that discriminate against women and support ongoing efforts to revoke these laws. A Special Rapporteur could also promote exchange of information among Member States on issues of common concern. The Special Rapporteur’s work would draw from and supplement the work of The UN Committee on the Elimination of Discrimination against Women (CEDAW), as does the Platform for Action. Unlike the Commission on Human Rights, the CSW currently has no special rapporteurs to facilitate the implementation of its mandate.
Equality Now and Amnesty International have co-convened a coalition of international, regional, and national non-governmental organizations around the world who support the creation of a Special Rapporteur on laws that discriminate against women. The coalition is urging the CSW to demonstrate its commitment to the Beijing Platform for Action by calling on all states to revoke discriminatory laws without further delay and by appointing a Special Rapporteur who can support efforts to this end.
Please call urgently on your government to support the creation of a Special Rapporteur on laws that discriminate against women. Continue to write to the governments of countries highlighted in Equality Now’s 2004 updated report Words and Deeds: Holding Governments Accountable in the Beijing + 10 Review Process  (PDF, 196K). Call on them to ensure that the laws cited, and any other discriminatory laws in force, are repealed or amended, noting the agreed target date of 2005. Call on your own government to undertake a comprehensive review to identify and address any laws with sex discriminatory language or impact. Share the report and your concerns, and the recent developments noted on the reverse side of this page, with the media and the general public to enlist their support in the campaign to hold governments accountable to the commitments they made in Beijing.
Following are developments relating to the laws highlighted in Equality Now's 2004 Beijing+10 report:
Colombia: The Constitutional Court struck down the discriminatory provisions of Article 140(2) of the Civil Code, ruling that disparities in marriage age based on sex were unenforceable in light of Colombia’s international commitments and the principle of equality enshrined in the Constitution. The marriage age, previously 12 for girls, is now 14 for both boys and girls. While Equality Now welcomes the removal of sex discrimination in this provision, it encourages the government of Colombia to institute further reform to raise the marriage age to 18, the age of majority under the Convention on the Rights of the Child, to which Colombia is a party.
Ethiopia: The Ethiopian Parliament adopted a new Penal Code in 2004 that removes the marital exemption from penalty for crimes of abduction and rape. The new Code will come into force once the final text has been signed into law by the President and published in the official gazette.
Monaco: The government has revised Article 1 of Law No. 1155, so that it now provides equivalent rights to Monegasque mothers and fathers to pass their nationality to their children. The amendments were effected, however, by a structure that enumerates specific categories of mothers who could pass on nationality, while preserving to fathers a blanket right to do so. Consequently, while the change is welcome, the law remains facially discriminatory. According to government officials, this differentiation derives from the law regarding acquisition of Monegasque nationality by marriage, including Article 3 of Law No. 1155, which was also highlighted in Equality Now’s full report as discriminatory. Article 3 permits non-Monegasque women to acquire Monegasque nationality in certain circumstances through marriage to Monegasque men, but Monegasque women do not have the equivalent right to pass on their nationality to their non-Monegasque husbands. Please write to the government, welcoming the changes that have been made to Article 1 but calling for the amendment of Article 3 to provide for equal nationality rights for non-Monegasque men and women who marry Monegasque nationals and further revision to remove the discriminatory structure of Article 1.
Morocco: Morocco has effected broad legal reform that includes the following amendment to the provision cited in Equality Now’s report, which had been limited to violence committed by a husband against his wife:
Section 418—A mitigating circumstance obtains in cases of murder, injury or beating committed by one spouse against the other spouse, when either party is caught in flagrante delicto committing an act of infidelity.
While Equality Now welcomes the revision of this law to eliminate explicit discrimination against women, Morocco, together with other governments, committed in the Beijing Platform to “ensure equality and non-discrimination under the law and in practice” (emphasis added). The new law, while gender neutral on its face, may continue to be applied in a way that discriminates against women by mitigating punishment for offenders who are all, or almost all, men who have killed women in so-called “honor” killings. Please write to the government, congratulating it on the several reforms made that provide for sex equality. Urge the government to continue this reform through the repeal of Section 418, which maintains an exemption from punishment for murder that will in practice largely, if not exclusively, be applied to men who murder women.
Republic of Korea: The Constitutional Court ruled Articles 778 and 781 unconstitutional, but these provisions, establishing male primacy in succession to the role of head of family and mandating that children be given their father’s surname, remain in effect pending enactment of substitute laws.
Corrections and Contact Updates
The provision should read Article 140 instead of Article 40.
|Page 4||Poland||The Prime Minister of Poland is now Mr. Marek Belka.|
|Page 5||Romania||The President of Romania is now Mr. Traian Basescu. President Basescu's e-mail address is email@example.com.|
|Page 10||Monaco||Article 1 has been modified by the addition of the following paragraphs:
“4. Every person born of a Monegasque mother who acquired Monegasque nationality by naturalization, by reestablishment of nationality, or by application of the provisions of the second paragraph of article 6 or the fourth paragraph of article 7 of this law.
5. Every person born of a mother who acquired Monegasque nationality by declaration following a simple adoption.
6. Every person born in Monaco of unknown parents.
The nationality of a child who has been the object of a legitimating adoption is determined according to the distinctions established in the previous paragraph.”
|Page 14||Phillippines||To e-mail President Macapagal-Arroyo, go to www.op.gov.ph . See updated fax number below.|
|Page 17||Bolivia||The e-mail for President Mesa is firstname.lastname@example.org . No fax number is available.|
|Page 18||Latvia||The Prime Minister of Latvia is now Mr. Aigars Kalv_tis.
The wording of Section 138(6) of the Labour Law has been amended, but remains discriminatory. It now reads: “It is prohibited to employ at night persons who are under 18 years of age, pregnant women and women for a period following childbirth of up to one year, but if a woman is breastfeeding then during the whole period of breastfeeding, if there is a doctor’s opinion that the performance of the relevant work causes a threat to the safety and health of the woman or her child.”
|Page 19||United Kingdom||Section 85(4) has been amended but remains discriminatory. It now reads: “Nothing in this Act shall render unlawful an act done for the purpose of ensuring the combat effectiveness of the armed forces.”|
|Page 21||Guatemala||The President’s full name is Mr. Oscar Berger Perdomo. President Berger’s email address is email@example.com . See updated phone and fax numbers below.|
|Page 22||Uruguay||As of 1 March 2005, the President of Uruguay will be Mr. Tabaré Ramón Vázquez Rosas.|
|Page 22||India||The Prime Minister of India is now Dr. Manmohan Singh. See updated phone and fax numbers below.|
|Page 24||Tonga||Please contact HRH Prince 'Ulukalala Lavaka Ata
Prime Minister’s Office
P.O. Box 62
Phone: +676 25 063
Fax: +676 23 888
E-mail: go to www.pmo.gov.to
|Page 25||Haiti||The interim President of Haiti is Mr. Boniface Alexandre. See updated fax number below.|
Updated contact numbers are as follows:
Fax: +57-1-337 5890
|Page 2||Israel||Fax: +972-2-670 5475|
|Page 3||Japan||Prime Minister's Office
Tel: +81-3-3581 3111
Fax: +81-3-3593 1784
|Page 10||Kenya||Fax: +254-20-25 02 64|
|Page 14||Philippines||Fax: +63(2) 736-1010|
|Page 15||Lesotho||Fax: +266-22-310 518|
|Page 19||Madagascar||Phone: +261-2022 548 41 Fax: +261-2022-562 09|
|Page 21||Guatemala||Phone: +502-239 0000 Fax: +502-239 0076|
|Page 22||India||Phone: +91-11-2301 2312 Fax: +91-11-2301 9545/2301 6857|
|Page 24||Nigeria||Fax: +234-9-314 6347|
|Page 25||Haiti||Fax: +509-228-2319/228-2320/224-4875|
|Page 27||Iran||Fax: +98-21-646 2774|