E/CN.4/2002/73/Add.2 page 13 A. Inadequacy of general universal instruments 42. International instruments since the Charter of the United Nations, including the Universal Declaration and international covenants on human rights, have not, at least directly, addressed the issue of discrimination against women in the light of religion and traditions. Those texts simply prohibited discrimination and were not especially concerned with defining or describing discrimination against women.36 The Universal Declaration recognizes and protects a number of rights and freedoms irrespective of, inter alia, sex or religion. All the rights provided for apply to men and women without distinction. Also, with the exception of article 16, which deals with marriage and protection of the family, very few provisions use the term “women”. The Universal Declaration refers primarily to the individual or person. 43. Viewing that text in conjunction with others helps to place the subject of the present study in its legal setting . Mention should be made here of article 2 of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, which defines the latter as “any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis”. Women are thus seemingly protected in regard to the rights provided for and to the general principle of non-discrimination as well as to the particular principle based on religion or belief. It has to be concluded, however, that the protection afforded appears inadequate or insufficiently explicit. It is diffused over several instruments, whose nature and content vary widely, and does not focus specifically on women’s status in the light of religion and traditions. 44. From the standpoint of the present study, there is ambiguity in the scope of application of the 1981 Declaration. Where the text defines discrimination and intolerance or states that “discrimination between human beings on the grounds of religion or belief constitutes an affront to human dignity” (art. 3), the focus appears more on protecting freedom of religion and belief, especially in situations of religious or denominational plurality. Article 6 lists the components of that freedom, as set forth in article 1 of the Declaration, but it is not specifically aimed at women having the same religion as the discriminator. In short, the Declaration, taken separately, is concerned more with protecting freedom of religion or belief than women’s status in the light of religion and traditions. Also, the other human rights instruments, while protecting a considerable number of rights and freedoms, are very abstractly worded with regard to women, particularly where they suffer discrimination based on religion or traditions in relation to their gender status. 45. The International Covenant on Civil and Political Rights is relevant to the present study only insofar as its interpretation as provided by the Human Rights Committee directly involves the issue of women’s status in the light of religious practices. 1. International Covenant on Civil and Political Rights: contribution of the Human Rights Committee 46. It is far less the Covenant itself than its interpretation by the Human Rights Committee in its general comments which is of interest to the issue forming the subject of the present study. Some provisions of the Covenant have received the Committee’s specific attention, reflecting positive developments in its standard-setting work.