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Ending Sex Discrimination in the Law
harassment at work or there is equal pay for equal work.
Governments must protect women’s and girls’ rights in all
spaces and relationships, public or private, married or not.
States and the Holy See have not ratified this important
treaty) must “take all appropriate measures to eliminate
discrimination against women in all matters relating to
marriage and family relations.…”
“[F]reedom of religion or belief can
never be used to justify violations of the
rights of women and girls, and [that]
it can no longer be taboo to demand
that women’s rights take priority over
intolerant beliefs used to justify gender
discrimination.”
Enforce the principle that equality is a fundamental
human right
(UN Special Rapporteur on Freedom of Religion and
Belief)16
Many governments have failed to secure the universality of
human rights for all women and girls as they allow the right
to religious and cultural freedom to trump those of equality
and non-discrimination. State sanction of discriminatory
religious and customary laws and practices, including through
constitutional exceptions (see map below) can discriminate
against some communities of women and girls over others
within the same borders; for example the religion-based child
custody laws in Lebanon highlighted herein. In addition to
the Beijing Platform for Action, Article 16 of the Convention on
the Elimination of All Forms of Discrimination against Women
(CEDAW) makes it clear that all governments (and only seven
EQUALITY NOW – BEIJING+25
The right to equality and to not be discriminated against
on the basis of sex, both in the law itself and in practice in
everyday life, is a fundamental human right. The UN Human
Rights Committee has declared that the right to religion
does not allow any State, group, or person to violate women’s
equality rights, including equal protection under the law.17
Culture and custom are not static, “Because social norms
are created by human beings, and there is no social norm
that cannot be changed.” (Chimamanda Ngozi Adichie).
Not all customary family law is discriminatory. Fortunately,
those laws and practices that are discriminatory can change
over time, particularly with the political will and support of
religious and traditional leaders.
Governments can no longer make excuses for sanctioning
and perpetuating discrimination within the family, no
matter what form it takes or the origin of the law or practice.
As the international community prepares to celebrate Beijing
+25, a tremendous opportunity exists to mobilize and grow
global action towards achieving universal legal equality and
human rights for all women and girls by Beijing +35 and
at the conclusion of the 2030 Agenda of the Sustainable
Development Goals in 2030.