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Ending Sex Discrimination in the Law
EQUALITY NOW – BEIJING+25
Since 1995, there has been progress
made but it has been slow and
inconsistent, and legal equality for
women has not been achieved by the
vast majority of States. 3
While more than half of laws
highlighted by Equality Now as sex
discriminatory in our successive reports
have been fully or partially repealed,
amended or voided (see Annex), many
sex discriminatory laws, particularly
those in the area of family law, remain
entrenched. While 77% of States
guarantee equality on the basis of sex in
their constitutions, 23%,4 including the
United States, 5 do not have sex equality
as a constitutional guarantee.
Too many sex discriminatory
laws remain in force
According to UN Women’s6 analysis
of World Bank 20187 data, ongoing
restrictions on women’s economic rights
alone include:
•• 104 countries that have laws which
prevent women from working in
specific jobs;
•• 59 countries that have no laws on sexual harassment in the workplace;
•• 18 countries that have laws that allow husbands to legally prevent their wives
from working;
•• Close to 40 percent of countries that have at least one constraint on women’s
property rights as measured by the World Bank’s “using property” indicator;
•• In 36 of 189 countries analysed by the World Bank, widows are not granted the
same inheritance rights as widowers;
•• 39 countries prevent daughters from inheriting the same proportion of assets as
sons;
•• 65 countries restrict women from working in mining;
•• Women also face job restrictions in industries such as manufacturing,
construction, energy, agriculture, water and transportation.
The areas of law that defer to custom or religion, particularly family law, have been
intractable. These include laws that recognize guardianship of men over women
such as in Saudi Arabia, Algeria, Sudan, and other countries. If women are unequal
in the family (the basic unit of society) or if they remain legal minors, they will
never reach their full potential. Reform of discriminatory family laws needs to be
prioritized.