Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

96 PRACTITIONERS GUIDE No. 12
UN Women, “Progress of the World’s Women 2010-2011. In
pursuit of justice”:
“While law is intended to be a neutral set of rules to govern
society, in all countries of the world, laws tend to reflect and
reinforce the privilege and the interests of the powerful,
whether on the basis of economic class, ethnicity, race, religion
or gender. Justice systems also reflect these power imbalances.
In all societies, women are less powerful than men and the two
areas in which women’s rights are least protected, where the
rule of law is weakest and men’s privilege is often most
entrenched, are first, women’s rights in the private and
domestic sphere, including their rights to live free from violence
and to make decisions about their sexuality, on marriage,
divorce and reproductive health; and second, women’s
economic rights, including the right to decent work and the
right to inherit and control land and other productive
resources.” 237
Article 2(b): Gender discrimination must face legal
sanction
Article 2(b) of the CEDAW Convention requires States: “To
adopt appropriate legislative and other measures, including
sanctions where appropriate, prohibiting all discrimination
against women;” 238
Article 2(b) complements Article 2(a) by requiring the adoption
and implementation of accessible laws that address the actions
of those who discriminate against women. The CEDAW
Committee has explained that it requires States “to provide
legal protection, to abolish or amend discriminatory laws and
regulations” so that women can enjoy access to their human
237
UN Women, “Progress of the World’s Women 2010-2011. In pursuit
of justice” (UN Publications, 2011), page 11.
238
See also the Maputo Protocol, above note 230, Article 2(1)(b).