A/HRC/23/50
and issues of good governance, which have an impact on women and their families. The
system of heads of household has been abrogated in many countries’ legal systems.29
59.
Women belonging to minority groups are often victims of dual discrimination, as
they must address discrimination against minorities and within their own communities.
Providing special measures of education, leadership training and economic assistance for
women and awareness-raising for men in patriarchal communities are some of the good
practices by which States can address such multiple discrimination.
60.
Many States have entered reservations to articles 2 and 16 of the Convention, on
equality in the family, almost all in deference to religious family law, and in so doing
perpetuate the structural impediment of inequality in the family to women’s full and
effective participation in political and public life.30 The Working Group regards the
elimination of discrimination in the family as central to women’s capacity to participate in
political and public life on equal terms with men and the withdrawal of these reservations
as imperative.
61.
Reform of family laws provides a firm basis to overcome structural and cultural
impediments to women’s equal and full participation in political and public life. Family
laws have been the focus of reform throughout history, as part of whole movements of
States and societies towards modernity. In most cases, religious hermeneutic projects,
particularly when initiated as part of broader reforms during times of political transition,
have been an integral part of making these changes possible, with a prominent role played
by women’s rights movements, as in the case of Morocco, which achieved significant
reform on many fronts in the family code (Moudawana),31 and by reform-minded religious
institutions. The political will for these reforms, in State-sponsored modernization projects
and social engineering agendas, has existed in diverse contexts of colonial power, the postcolonial State and communist regimes.32
2.
Unequal caregiving responsibilities
62.
Caregiving responsibilities in the family are disproportionately in the hands of
women. Both the reality and the a priori belief that this is the way it should be put women
at a structural disadvantage in entering and participating sustainably in political and public
life. The long hours of work and heavy travel demands make it difficult for women with
caregiving responsibilities to maintain consistent engagement in political and public life
without adequate support for the caring responsibilities. At the same time, women who
carry out full-time engagement in politics and public affairs are often harassed and
stigmatized, as they are perceived to undermine traditional family values.
63.
Good practice regarding the work-life balance for public and political participation
includes both childcare support and institutional family-friendly scheduling. The highest
performing countries in terms of proportion of women in public office have the most
generous entitlements for maternal and parental leave. This reflects States’ effectiveness in
creating better options for women to reconcile the balance between work and family life,
promoting a better balance of responsibilities between men and women in the home and
29
30
31
32
14
See Soo Yeon Lee, “Political Transitions in the 1990s and its impact on legislation of gender equality
laws: the South Korean case”, paper submitted for the regional expert group meeting on political
transitions and gender equality, Seoul, December 2012.
See, inter alia, Musawah, CEDAW and Muslim Family Laws: In Search of Common Ground (Sisters
in Islam, 2011).
See A/HRC/20/28/Add.1.
See Mala Htun and Laurel Weldon, “Sex equality in family law: historical legacies, feminist activism
and religious power in 70 countries” (2011).