E/CN.4/2002/73/Add.2
page 61
Forms of Discrimination against Women (hereinafter the “Women’s Convention”)
(HRI/GEN/1/Rev.3, p. 27, para. 6).
37
Article 23, paragraph 4, of the Covenant provides for “equality of rights and responsibilities of
spouses as to marriage, during marriage and at its dissolution”.
38
In general recommendation No. 21 (para. 39), States parties to the Women’s Convention are
urged to require the registration of all marriages, whether contracted civilly or according to
custom or religious law. States would thereby be able, in the view of the Committee, to ensure
compliance with statutory requirements concerning the minimum legal age for marriage,
prohibition of polygamy, protection of children and equality between spouses. See, in the same
vein, article 3 of the Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages.
39
The wording of article 3 does not, however, differ essentially from the abstract phrasing of
article 23: “The States parties to the present Covenant undertake to ensure the equal right of men
and women to the enjoyment of all civil and political rights set forth in the present Covenant”.
The International Covenant on Economic, Social and Cultural Rights contains a comparable
provision (art. 3).
40
Report of the Human Rights Committee, fifty-fifth session, vol. I, A/55/40, p. 146. General
comment 19 was adopted in 1990.
41
Contrary to its heading, the general comment is not restricted to article 3 of the Covenant but
refers to many provisions which can apply to women: articles 2, 4 to 8, 10, 12, 14, 16 to 19 and
23 to 27.
42
The Committee gives the example of legal or de facto requirements which prevent the issuance
of a passport or other type of travel document to a woman without the consent of a third party.
43
E/1983/7, para. 17, cited in “Review of the implementation of and follow-up to the
conventions on slavery” (E/CN.4/Sub.2/AC.2/1999/6, para. 47).
44
Convention on the Nationality of Married Women of 1957, Convention on the Political Rights
of Women of 1952 and Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages of 1962.
45
Bahrain, Oman, Qatar, Saudi Arabia, United Arab Emirates, Djibouti, Somalia, Sudan and
Syria. In the Arab region, the Convention has been ratified by Algeria, Egypt, Iraq, Libya,
Jordan, Kuwait, Morocco, Tunisia, Yemen and the Comoros.
46
See Soukaina Bouraoui, “Les réserves des Etats à la Convention sur l’élimination de toutes les
formes de discrimination à l’égard des femmes”, Tunis Symposium (note 21 above), p. 31.
47
See CEDAW, general recommendation No. 21 (paras. 41 and 43). The reservations were
generally concerned with articles 2, 9, 15 and 16. See also Katarina Tomasevski, “Rights of
women: from prohibition to elimination of discrimination”, International Social Science Journal,
vol. 50, No. 158, December 1998, note 3.