‘Short of the desired goal’

A recent review of national laws, spearheaded by UNDP in Jordan, in collaboration with other human rights actors in the country, centred on women’s rights and their protection under the penal code, civil status legislation and other related laws, such as those pertaining to domestic violence.

There are two cardinal principles in international human rights treaties that govern gender human rights.  One is non-discriminating criteria, as spelled out in the common Article 2 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). 

The words in the two instruments on these issues are practically identical and they read as follows: “The enjoyment of the rights under either covenant shall be without discrimination of any kind as to race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status.”

Treaty bodies that interpret and monitor the application of human rights covenants have extended the scope of  the language to include LGBT groups, on the basis that the words “or other status”, in the two human rights instruments, suggest an open-ended criterion for non-discrimination.

In this sense, treaty bodies are redrafting human rights treaties by giving them wider scopes on gradual basis.

This trend seems to be unstoppable even though many countries, especially those with traditional values and cultures, oppose this “legislation by interpretation” process.

The other cardinal principle on gender issues is the again common Article 3 in both ICCPR and ICESCR.

This provision says that men and women shall have equal rights in the enjoyment of the sets of rights stipulated in these two covenants.

Gender equality is, therefore, complementary to the non-discrimination dimension and must be interpreted together.

To be sure, the other human rights instruments, including the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, the International Convention on the protection of the Rights of All Migrant Workers and members of Their Families, and the Convention on the Rights of Persons with Disabilities reflect identical principles of non-discrimination and gender equality. 

Against this backdrop, any serious perusal of the issues of non-discrimination against women and gender equality requires knowledge not only of the relevant covenants or conventions but also of the jurisprudence of the treaty bodies that interpret and monitor the applications of these international norms.

I have a hunch this was not the case with the review, which renders it short of the desired goal.