Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-14T23:01:07.912Z Has data issue: false hasContentIssue false
  • English
  • Français

Human Rights for Women and World Public Order: The Outlawing of Sex-Based Discrimination*

Published online by Cambridge University Press:  28 March 2017

Myres S. McDougal ,
Harold D. Lasswell  and
Lung-chu Chen
Myres S. McDougal
Affiliation:
Yale Law School
Harold D. Lasswell
Affiliation:
Emeritus, Yale Law School
Lung-chu Chen
Affiliation:
Yale Law School
Get access Rights & Permissions [Opens in a new window]

Extract

As the United Nations commemorates 1975 as “International Women's Year,” in a concerted effort to “promote equality between men and women“ and to “ensure the full integration of women in the total development effort,” the concern of the larger global community for outlawing sex-based discrimination is being articulated with increasing vigor. This concern both builds upon and expresses a more general norm of nondiscrimination which seeks to ban all generic differentiations among people in access to value shaping and sharing for reasons irrelevant to individual capabilities and contribution. The particular norm against sex-based discrimination finds expression in many authoritative communications, at both international and national levels, and is rapidly being defined in a way to condemn all the great historic deprivations imposed upon women as a group.

Type
Research Article
Information
American Journal of International Law , Volume 69 , Issue 3 , July 1975 , pp. 497 - 533
Copyright
Copyright © American Society of International Law 1975

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

This article is excerpted from a book, Human Rights and Would Public Order, the authors have in progress. The authors gratefully acknowledge the criticism and comments of Professors W. Michael Reisman and Barbara D. Underwood and Ms. Kreszentia M. Duer and of various members of our 1974 Seminar on Human Rights. The Ralph E. Ogden Foundation has been generous in its support of the studies from which this article is drawn.

References

1 GA Res. 3275 (XXIX) Dec. 10, 1974, Resolutions of the General Assembly at Its Twenty-Ninth Regular Session 207, UN Press Release GA/5194 (Dec. 20, 1974) [hereinafter cited as Res. of the 29th Assembly]; GA Res. 3010, GAOR, 27th Sess. Supp. 30, at 66, UN Doc. A/8730 (1972). See also GA Res. 3276 (XXIX) Dec. 10, 1974, Res. of the 29th Assembly, supra, at 208; GA Res. 3277 (XXIX) Dec. 10, 1974, id. at 209.

2 GA Res. 3275, supra note 1, at 207; GA Res. 3010, supra note 1, at 67.

3 Id.

4 For detailed elaboration, see McDougal, , Lasswell, , & Chen, , The Protection of Respect and Human Rights: Freedom of Choice and World Public Order, 24 Am. U. L. Rev. No. 4 (forthcoming, Summer 1975)Google Scholar.

5 See authorities cited in notes 96-252 infra and accompanying text.

6 The literature on women’s rights has mushroomed in recent years. The United Nations is an important source supplying rich materials on the changing status of women around the world, as will become evident in the documentation to follow.

On legal treatment of sex-based discriminations, with primary focus on the United States, see generally Babcock, B., Freeman, A., Norton, E., & Ross, S., Sex Discrimination and the Law: Causes and Remedies (1975)Google Scholar; Davidson, K., Ginsburg, R., & Kay, H., Text, Cases and Materials on Sex-Based Discriminations (1974)Google Scholar; Kanowitz, L., Women and the Law: The Unfinished Revolution (1969)Google Scholar; Kanowitz, L., Sex Roles in Law and Society: Cases and Materials (1973)Google Scholar; Ross, S., The Rights of Women: The Basic ACLU Guide to a Woman’s Rights (1973)Google Scholar; Brown, , Emerson, , Falk, , & Freedman, , The Equal Rights Amendment: A Constitutional Basis for Equal Rights for Women, 80 Yale L J. 872 (1971)Google Scholar; Murray, , The Rights of Woman, in The Rights of Americans 521-45 (Dorsen, N. ed. 1971)Google Scholar; Siedenberg, , The Submissive Majority: Modem Trends in the Law Concerning Women’s Rights, 55 Cornell L. Rev. 262 (1970)Google Scholar.

For treatment from a wider comparative perspective, see Symposium—The Status of Women, 20 Am. J. Comp. L. 585 (1972), which deals with women in Great Britain, Sweden, Norway, France, the Soviet Union, Israel, and Senegal. A concise but useful article appears in the latest edition of Encyclopedia Britannica: Klein, , Status of Women, 19 Encyc. Britannica 906 (15th ed. 1974)Google Scholar.

On the contemporary Women’s Liberation Movement, see the following classic works: S. de Beauvoir, The Second Sex (H. Parshley transl. & ed., Bantam ed. 1961); B. Friedan, The Feminine Mystique (1963); K. Millett, Sexual Politics (Avon ed. 1971). See also Feminism: The Essential Historical Writings (M. Schneir ed. 1972); Liberation Now!: Writings from the Women’s Liberation Movement (Laureled. 1971); S. Rowbotham, Women, Resistance, and Revolution (1972); Sisterhood is Powerful (R. Morgan ed. 1970); Voices of the New Feminism (M. Thompson ed. 1970); Freeman, , The New Feminism, The Nation, Mar. 9, 1974, at 297-302 Google Scholar; Gloria Steinem, Newsweek, Aug. 16, 1971, at 51-55; The New Woman, 1972, Time, Mar. 20, 1972, at 25-34. For a most recent appraisal, see the symposium in commemoration of International Women’s Year, in Saturday Rev., June 14, 1975.

For works on women from a socialist perspective, see F. Engels, The Origin of the Family, Private Property and the State (1942); The Woman Question: Selections from the Writings of Marx, Karl, Frederick Engels, V. I. Lenin, Joseph Stalin (1951)Google Scholar; Bebel, A., Woman Under Socialism (de Leon transl, D.. Schockened. 1971)Google Scholar.

For further general background readings on women, useful citations include: J. Bardwick, Psychology of Women: A Study of Bio-Cultural Conflicts (1971); W. Chafe, The American Woman: Her Changing Social, Economic, and Political Roles, 1920-1970 (1972); G. Greer, Female Eunuch (1970); E. Janeway, Man’s World, Woman’s Place: A Study in Social Mythology (1971); T. Lang, The Difference between a Man and a Woman (1971); E. Lewis, Developing Woman’s Potential (1968); M. Mead, Male and Female (Dell ed. 1949); M. Mead, Sex and Temperament in Three Primitive Societies (1935); E. Morgan, The Descent of Woman (1972); A. Myrdal & V. Klein, Women’s Two Roles: Home and Work (1968); The Other Half: Roads to Women’s Equality (C Epstein & W. Goode eds. 1971); The Potential of Woman (S. Farber & R. Wilson eds. 1963); B. & T. Roszak, Masculine/Feminine (1969); C. Safilios-Rothschild, Toward a Sociology of Women (1972); Sex Roles in Changing Society (G. Seward & R. Williamson eds. 1970); M. Tumin, Patterns of Society 196-214 (1973); A. Watts, Nature, Man and Woman (Vintage ed. 1970); Women of All Nations: A Record Of Their Characteristics, Habits, Manner, Customs and Influence (T. Joyce ed. 1912); The Woman in America (R. Lifton ed. 1965); Women in the Modern World (R. Patai ed. 1967); Women of Tropical Africa (D. Paulme ed., H. Wright transl. 1963); Women’s Role in Contemporary Society: The Report of the New York City Commission on Human Rights (1972); Women, Culture, and Society (M. Rosaldo & L. Lamphere eds. 1974); Women Around the World, 375 The Annals 1 (1968).

A comprehensive, up-to-date bibliography is S. Jacobs, Women in Perspective: A Guide for Cross-Cultural Studies (1974). See also A. Krichmar, the Women’s Rights Movement in The United States, 1848-1970: A Bibliography and Sourcebook (1972).

7 Kanowitz, L., Women and the Law: the Unfinished Revolution 1 (1969)Google Scholar.

8 M. Mead, Male and Female, supra note 6, at 39.

In the words of Ralph Linton:

All societies prescribe different attitudes and activities to men and to women. Most of them try to rationalize these prescriptions in terms of the physiological differences between the sexes or their different roles in reproduction. However, a comparative study of the statuses ascribed to women and men in different cultures seems to show that while such factors may have served as a starting point for the development of a division the actual ascriptions are almost entirely determined by culture.

R. Linton, The study of Man 116 (1936).

9 Bullough, V., The Subordinate Sex (Penguin ed. 1974)Google Scholar. But see E. Vilar, The Manipulated Man (1972).

10 S. De Beauvodi, supra note 6. But see E. Davis, The First Sex (1971).

11 United Nations, Equal Rights for Women—A Call For Action 6 (OPI/494, 1973) [hereinafter cited as Equal Rights for Women].

12 In the words of Simone de Beauvoir:

Thus humanity is male and man defines woman not in herself but as relative to him; she is not regarded as an autonomous being. . . . And she is simply what man decrees; thus she is called “the sex,” by which is meant that she appears essentially to the male as a sexual being. For him she is sex—absolute sex, no less. She is defined and differentiated with reference to man and not he with reference to her; she is the incidental, the inessential as opposed to the essential. He is the Subject, he is the Absolute—she is the Other.

S. De Beauvoir, supra note 6, at xvi.

13 Brown, Emerson, Falk, & Freedman, supra note 6, at 872.

14 Frontiero v. Richardson, 411 U.S. 677, 686 (1973).

15 2 Myrdal, G., An American Dilemma 1073-78 (First McGraw-Hill Paperback ed. 1964)Google Scholar. See also Firestone, S., The Dialectic of Sex 119-41 (1970)Google Scholar; Herton, C., Sex and Racism in America (1966)Google Scholar; Montagu, A., Man’s Most Dangerous Myth: The Fallacy of Race 186-89 (5th ed. 1974)Google Scholar; Crozier, , Constitutionality of Discrimination Based on Sex, 15 B.U.L. Rev. 723, 727-28 (1935)Google Scholar; Hacker, , Women as a Minority Group, 30 Social Forces 60 (1951)Google Scholar, reprinted in Kanowitz, L., Sex Roles in Law and Society 1-8 (1973)Google Scholar; Murray, & Eastwood, , Jane Crow and the Law: Sex Discrimination and Title VII, 34 Geo. Wash. L. Rev. 232, 233-35 (1965)Google Scholar.

16 In some respects unmarried mothers suffer additional deprivations. See United Nations, the Status of the Unmarried Mother: Law and Practice (Report of the Secretary-General), UN Doc. E/CN.6/540/Rev.l (1971); Legal and Social Status of the Unmarried Mother: Report of the Secretary-General, UN Doc. E/CN.6/562 (1971).

17 Hays, H., The Dangerous Sex 11 (1964)Google Scholar.

18 Id.

19 V. Bullough, supra note 9, at 336. Betty Friedan asserts that “the core of the problem for women today is not sexual but a problem of identity—a stunting or evasion of growth that is perpetuated by the feminine mystique.” B. Friedan, supra note 6, at 69.

20 As in the case of the Negro, women themselves have often been brought to believe in their inferiority of endowment. As the Negro was awarded his “place” in society, so there was a “woman’s place.” In both cases the rationalization was strongly believed that men, in confining them to this place, did not act against the true interest of the subordinate groups. The myth of the “contented women,” who did not want to have suffrage or other civil rights and equal opportunities, has the same social function as the myth of the “contented Negro.”

2 G. Myrdal, supra note 15, at 1077.

21 Equal Rights for Women, supra note 11, at 6.

22 C. Andreas, Sex and Caste in America (1971). See also Dunbar, Female Liberation as the Basis for Social Revolution, in Sisterhood is Powerful, supra note 6, at 477-92; Freeman, , The Legal Basis of the Sexual Caste System, 5 Valparaiso U. L. Rev. 203 (1971)Google Scholar. For a chart dramatizing “Castelike Status of Women and Negroes,” see L. Kanowitz, supra note 15, at 7.

23 According to a recent report of the UN Secretary-General, the following six countries still deny women the rights to vote and to be elected: Jordan, Kuwait, Liechtenstein, Nigeria, Saudi Arabia, and Yemen. Implementation of the Declaration on the Elimination of Discrimination Against Women and Related Instruments, at 4, UN Doc. E/CN.6/571/Add. 2 (1973). See also Ungar, Women in the Middle East and North Africa and Universal Suffrage, 375 The Annals 72 (1968).

24 For a dramatic demonstration of women’s underrepresentation in all levels of governments, see UN Doc. E/CN.6/571/Add. 2, supra note 23, at 5-16. See also Duverger, M., The Political Role of Women (1955)Google Scholar; Lanison, P., Few Are Chosen: American Women in Political Life Today (1968)Google Scholar; Menon, , From Constitutional Recognition to Public Office, 375 The Annals 34 (1968)Google Scholar. Cf. also Abzug, , Segal, , & Kelber, , Women in the Democratic Party: A Review of Affirmative Action, 6 colum. Human Rights L. Rev. 3 (1974)Google Scholar.

25 Klein, supra note 6, at 912.

26 See L. Kanowitz, supra note 7, at 28-31; Johnston, & Knapp, , Sex Discrimination by Law: A Study in Judicial Perspective, 46 N.Y.U. L. Rev. 675, 708-21 (1971)Google Scholar; Murray, supra note 6, at 522; Schulder, Does the Law Oppress Women? in Sisterhood is Powerful, supra note 6, at 139, 140-41.

Despite occasional doubts whether serving on juries is a “right, duty, or privilege” and whether exclusion of women from jury service constitutes “benign classification or invidious discrimination,” it would appear that involuntary exclusion is a deprivation rather than an indulgence. Cf. K. Davidson, R. Ginsburg, & H. Kay, supra note 6, at 26-35; L. Kanowitz, supra note 7, at 197; L. Kanowitz, supra note 15, at 74-89.

The recent decision of Taylor v. Louisiana, 419 U.S. 522 (1975), suggests a possible trend in a different direction. Cf. also Case Comment, Twelve Good Persons and True: Healy v. Edwards and Taylor v. Louisiana, 9 Harv. CIV. Rights—Civ. LIB. L. Rev. 561 (1974).

27 Bradwell v. Illinois, 83 U.S. (16 Wall.) 130, 141 (1873).

28 Quoted in Sinclair, A., The Better Half: The Emancipation of the American Women 83 (1965)Google Scholar.

29 L. Kanowitz, supra note 7, at 41-46; Brown, Emerson, Falk, & Freedman, supra note 6, at 940. Cf. also S. Ross, supra note 6, at 239^-55; Carlsson, , Surnames of Married Women and Legitimate Children, 17 N.Y. L. Forum 552 (1971)Google Scholar; Hughes, , And Then There Were Two, 23 Hastings L. J. 233 (1971)Google Scholar; Karst, , “A Discrimination So Trivial:” A Note on Law and the Symbolism of Women’s Dependency, 35 Ohio State L. J. 546 (1974)Google Scholar.

30 See United Nations, Convention on the Nationality of Married Women, UN Doc. E/CN.6/389 (1962); United Nations, Nationality of Married Women, UN Doc. E/CN.6/254/Rev. 1 (1963); W. Waltz, The Nationality of Married Women (1937); McDougal, , Lasswell, , & Chen, , Nationality and Human Rights: The Protection of the Individual in External Arenas, 83 Yale L. J. 900, 922-23, 939-40, 973-74 (1974)Google Scholar.

31 Bruce, Work of the United Nations Relating to the Status of Women, 4 Human Rights J. 365, 376 (1971). See also 1 Blackstone, W., Commentaries on the Laws of England 387-92 (4th ed. Andrews, J. ed. 1899)Google Scholar.

32 Bruce, supra note 31, at 377. See also Clark, H., The Law of Domestic Relations 149-51 (1968)Google Scholar; L. Kanowitz, supra note 7, at 46-52; United Nations, Legal Status of Married Women (Reports submitted by the Secretary-General) 8-18, UN Doc. ST/SOA/35 (1958).

33 Hearings on Equal Rights for Men and Women 1971 Before Subcomm. No. 4 of the House Comm. on the Judiciary, 92d Cong., 1st Sess., ser. 2, at 399-400 (1971) (remark of Professor Thomas I. Emerson) [hereinafter cited as House Hearings on Equal Rights]. Similarly, in the words of Kanowitz, sex-based discriminations are “supported, perpetuated and often aggravated by the organized might of domestic and foreign legal system.” L. Kanowitz, supra note 7, at 2.

34 Faust, Constitution Excluded Women, in House Hearing on Equal Rights, supra note 33, at 106, 108. In the words of Jiagge: “The evidence of discrimination against women in private law provides enough material for several books to be written on the subject.” Jiagge, , An Introduction to the Declaration on Elimination of Discrimination Against Women, 5 UN Monthly Chronicle, 55, 58 (Mar. 1968)Google Scholar.

35 Cf. United Nations, 1965 Seminar on the Participation of Women in Public Life, UN Doc. ST/TAO/HR/24 (1966).

36 See C. Ammoun, Study of Discrimination In Education 29-44, UN Doc. E/ CN.4/Sub.2/181/Rev.1 (1957); Beasley, , Education is the Key for Women, 375 The Annals 154 (1968)Google Scholar; Friderich, Access to Education at All Levels, id., at 133.

37 See Klein, supra note 6, at 913; House Hearings on Equal Rights, supra note 33, at 37; K. Davidson, R. Ginsburg, & H. Kay, supra note 6, at 869-86.

38 Study on Equal Access of Girls and Women to Literacy (Report prepared by UNESCO), UN Doc. E/CN.6/538 (1970), especially at 16; Annex II, “Illiterate population and percentage of illiteracy based on censuses or surveys since 1945” in UN Doc. E/CN.6/538/Add.1 (1970) (Annex II). Study on the Equality of Access of Girls and Women to Education in the Context of Rural Development (Report prepared by UNESCO), UN Doc. E/CN.6/566/Rev.1 (1973), especially at 27-29, 68-69. See also UN Doc. E/CN.6/566 (1973) under the latter title.

39 For a pertinent historical account, cf. generally V. Bullough, supra note 9.

40 International Labour Organization Activities of Special Interest in relation to the Employment of Women (Report by the International Labour Office), at 2-3 (Annex II), UN Doc. E/CN.6/556 (1971) [hereinafter cited as ILO Report on Women]. See also Study of Co-Education (Report prepared by UNESCO), UN Docs. E/CN.6/537 and Add. 1 (1969).

41 Study of the Interrelationship of the Status of Women and Family Planning (Report of the Special Rapporteur) 13, UN Doc. E/CN.6/575 (1973) [hereinafter cited as Report on Women and Family Planning].

42 Id. Cf. United Nations, Civic and Political Education of Women, UN Doc. E/CN.6/405/Rev.1 (1964).

43 ILO Report on Women, supra note 40, at 3 (Annex II).

44 International Labour Office, Fighting Discrimination in Employment and Occupation 84-94 (1968); Equal Pay for Work of Equal Value (Report by the International Labour Office) 44, UN Doc. E/CN.6/550 (1971); Report on Women and Family Planning, supra note 41, at 13; Preliminary Research Report on Working Women in the United States (Prepared under the direction of Adele Simmons for The Twentieth Century Fund Task Force on Women and Employment, 1973), reprinted in N. Dorsen, N. Chachkin, & S. Law, 1973 Supplement to Volume 2, Emerson, Haber, & Dorsen’s Political and Civil Rights in the United States 362-66 (1973). Cf. also Repercussions of Scientific and Technological Progress on the Conditions of Work and Employment of Women, UN Doc. E/CN.6/539 (1970); Shelton, & Berndt, , Sex Discrimination in Vocational Education: Title IX and Other Remedies, 62 Cal. L. Rev. 1121 (1974)Google Scholar.

46 Report on Women and Family Planning, supra note 41, at 12.

46 Id. at 10. Cf. Van Der Tak, J., Abortion, Fertility, and Changing Legislation: An International Review (1974)Google Scholar.

47 Report on Women and Family Planning, supra note 41, at 10.

48 Id. at 20.

49 Id. at 21. Cf. also Henderson, , Impact of the World Social Situation on Women, 375 The Annals 26 (1968)Google Scholar.

50 President’s Task Force on Women’s Rights and Responsibilities, A Matter of Simple Justice 18 (1970). See President’s Commission on the Status of Women, Report of the Committee on Private Employment (1963). See also B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6, at 191-559; K. Davidson, R. Ginsburg, & H. Kay, supra note 6, at 419-811; K. Decrow, Sexist Justice 64-155 (1974); United Nations, Seminar on the Participation of Women in the Economic Life of Their Countries, UN Doc. ST/TAO/HR/41 (1970); Johnstone, , Women in Economic Life: Rights and Opportunities, 375 The Annals 102 (1968)Google Scholar; Murray, , Economic and Educational Inequality Based on Sex: An Overview, 5 Valparaiso U. L. Rev. 237 (1971)Google Scholar.

51 Equal Pay for Work of Equal Value, supra note 44, a t 44.

52 Id.

53 Report of The Committee on Private Employment, supra note 50, at 1.

54 See United Nations, Equal Pay for Equal Work (1960); Equal Pay for Work of Equal Value (Report by the International Labour Office), UN Doc. E/CN.6/519 (1968); Equal Pay for Work of Equal Value (Report by the International Labour Office), UN Doc. E/CN.6/550 (1971); Note, The Rights of Working Women: An International Perspective, 14 Va. J. Int’l L. 729 (1974). For studies directed to particular countries, see B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6, at 440-509; Beiger, , Equal Pay, Equal Employment Opportunity and Equal Enforcement of the Law for Women, 5 Valparaiso U. L. Rev. 203 (1971)Google Scholar; Equal Pay in New Zealand, 105 Int’l Labour Rev. 569 (1972); Ireland: Interim Report on Equal Pay by the Commission on the Status of Women, id., at 182; Simchack, , Equal Pay in the United States, 103 Int’l Labour Rev. 541 (1971)Google Scholar; Thalmann-Antenen, , Equal Pay: The Position in Switzerland, 104 Int’l Labour Rev. 275 (1971)Google Scholar; Vangsnes, , Equal Pay in Norway, 103 Int’l Labour Rev. 379 (1971)Google Scholar.

55 See authorities cited in note 54 supra. Cf. also T. Oehmke, Sex Discrimination in Employment (1974).

56 Legal Capacity of Married Women: Capacity to Engage in Independent Work (Progress Report of the Secretary-General) 4, UN Doc. E/CN.6/584 (1973).

57 Id. at 14-15. See Kahn-Freund, , Matrimonial Property and Equality Before the Law: Some Sceptical Reflections, 4 Human Rights J. 493 (1971)Google Scholar; Pedersen, , Status of Women in Private Law, 375 The Annals 44, 47-48 (1968)Google Scholar. Cf. also Simons, H., African Women: Their Legal Status in South Africa 187-210 (1968)Google Scholar.

58 L. Kanowitz, supra note 7, at 55, 197; Bradwell v. Illinois, 83 U.S. (16 Wall.) 130, 141 (1873); 1. W. Blackstone, supra note 31, at 387-88. See also Legal Status of Married Women, supra note 32, at 76-87.

59 See Legal Capacity of Married Women, supra note 56. This report is concerned with “[t]he capacity of wife to undertake independent work, that is, the extent to which she may freely engage in an activity of her choice, outside the home, without having to obtain her husband’s authorization or consent, and the right of the wife to administer and dispose of her earnings or product of her work.” Id. at 3.

60 Id. at 13-17. Cf. Legal Status of Women, supra note 32, at 89-93.

61 “The ideal of marriage generally accepted in contemporary western societies and many westernized strata of developing countries is that of partnership—that is, a sharing of interests and responsibilities between husband and wife on as nearly equal basis as possible. As was with so many other ideals, practice often falls short of precept, . . .” Klein, supra note 6, at 915. See also Report on Women and Family Planning, supra note 41, at 15. Regarding the shaping and sharing of affection, consult an important sociological study: W. Goode, World Revolution and Family Patterns (1970).

62 Jiagge, supra note 34, at 57. See also W. Goode, supra note 61, at 88-101, 104-11, 174-82, 207-18, 232-36.

63 Report on Women and Family Planning, supra note 41, at 11. See also United Nations, 1961 Seminar on The Status of Women in Family Life, UN Doc. ST/ TAO/HR/11 (1961); United Nations, 1962 Seminar on THE Status of Women in Family Law, UN Doc. ST/TAO/HR/14 (1962).

64 Report on Women and Family Planning, supra note 41, at 15; V. Bullough, supra note 9, at 247; W. Goode, supra note 61, at 101-04, 187-88, 221-25, 282-85; Pedersen, supra note 57, at 46-47.

65 Bruce, supra note 31, at 377. See generally Legal Status of Married Women, supra note 32, at 19-43; United Nations, Parental Rights and Duties, Including Guardianship (Report submitted by the Secretary-General), UN Doc. E/CN.6/474/ Rev.1 (1968). “. . . the married father still plays a predominant role, especially in countries where he is considered to be the head of the family, whether explicitly or implicitly, while the married mother is relegated to a subsidiary role in this matter.” United Nations, the Status of the UN Married Mother (Report of the Secretary- General) 27, UN Doc. E/CN.6/540/Rev.1 (1971).

66 Report on Women and Family Planning, supra note 41, at 13.

67 Id. at 15. See W. Goode, supra note 61, at 155-62, 262-68.

68 Bruce, supra note 31, at 377; 1962 Seminar, supra note 63, at 21-26. 69 Id. In the words of Jiagge:

Divorce laws follow the same pattern. In some countries a man can obtain a valid divorce merely by declaring three times that he has divorced his wife. Adultery is a ground of divorce available to men in some countries but not to women. Where divorce is governed by customary rules and practices, such rules are so elastic and capable of so many interpretations that it is very easy for a man to manoeuvre and obtain a divorce on practically any ground. It is significant that the same facility is not available to women.

Jiagge, supra note 34, at 57.

70 V. Bullough, supra note 9, at 250; W. Goode, supra note 61, at 155-62, 263-64, 376-77.

71 V. Bullough, supra note 9, at 45.

72 In some cultures, adultery was viewed “not a sin against morality but a trespass against the husband’s property. A husband had freedom to fornicate, while a wife could be put to death for doing the same thing.” V. Bullough, supra note 9, at 23.

73 Generally speaking, “prostitution is, by definition, a crime committed only by women.” Brown, Emerson, Falk, & Freedman, supra note 6, at 963. See B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6, at 877-914; K. Davidson, R. Ginsburg, & H. Kay, supra note 6, at 908-10. Cf. also V. Bullough, The History of Prostitution (1964).

74 “Traditionally, women have been barred from participation in many religious ceremonies, and from full participation in the hierarchies of authority. When this could not be accomplished legally, it was often accomplished by ridicule.” C. Andreas, supra note 22, at 69. See also D. Bailey, The Man-Woman Relation in Christian Thought (1959); M. Daly, The Church and the Second Sex (1968); G. Harkness, Women in Church and Society (1972).

75 Report on Women and Family Planning, supra note 41, at 9. In the same vein, Kanowitz has observed:

Discrimination, whether social or legal or both, not only stunts the personal development of its objects, causing them to become less socially productive; it also often nurtures the development of many traits and characteristics that on any objective scale would be deemed undesirable and unworthy.

L. Kanowitz, supra note 7, at 198-99.

76 For an excellent policy exposition, see Brown, Emerson, Falk, & Freedman, supra note 6, at 888-900. Cf. also A. Montagu, The Natural Superiority of Women 204-16 (rev. ed. 1968).

77 Brown, Emerson, Falk, & Freedman, supra note 6, at 889. In the words of Montagu:

Human beings differ greatly in their abilities but practically not at all along sex lines; that is to say, abilities are not determined by sex. Abilities are functions of persons, not of groups or classes. Hence, so far as abilities are concerned both sexes should be afforded equal opportunities to realize their potentialities, and the judgment of their abilities should not be prejudiced by any bias of sex.

A. Montagu, supra note 76, at 208.

78 Brown, Emerson, Falk, & Freedman, supra note 6, at 889.

79 Id. at 872.

80 Bradwell v. Illinois, 83 U.S. (16 Wall.) 130, 141 (1873).

81 Id.

82 Id.

83 See authorities cited in notes 20 and 22 supra. For a strong attack upon the myth of women’s inferiority, see A. Montagu, supra note 76. Montagu writes:

The natural superiority of women is a biological fact, and a socially overlooked piece of knowledge. The facts have been available for half a century, but in a male-dominated world, in which the inflation of the male ego has been dependent upon the preservation of the myth of male superiority, their significance has escaped the attention merited. When the history of the subject comes to be written, this peculiar omission will no doubt serve as yet another forcible illustration that we see only what and how we want to see.

Id. at 205.

84 From a biological viewpoint, the different parts men and women play in the reproductive function undoubtedly contribute to sex differentiation in psychological development. Thus the long period of child bearing and child rearing, which falls biologically upon the female, has far-reaching implications for sex differences in interests, attitudes, emotional traits, vocational goals, and achievement.

Anastasi, , Individual Differences: Overview, 7 Int’l Encyc. Soc. Sc. 200, 205 (1968)Google Scholar. Cf. also Tyler, Individual Differences: Sex Differences, id. at 207.

85 Ginsburg, , The Status of Women: Introduction, 20 Am. J. Comp. L. 585, 589 (1972)CrossRefGoogle Scholar.

86 Brown, Emerson, Falk, & Friedman, supra note 6, at 893.

87 Id. 8

88 Mill, , The Subjection of Women, in Essays on Sex Equality: John Stuart Mill & Harriet Taylor Mill 123, 125 (Rossi, A. ed. 1970)Google Scholar.

89 United Nations, The United Nations and The Status of Women 3 (1964).

90 International Agreement for the Suppression of the White Slave Traffic, signed at Paris on 18 May 1904, entered into force on 18 July 1905. For its text, see 1 LNTS 83. International Convention for the Suppression of the White Slave Traffic, signed at Paris 4 May 1910, Great Britain, Treaty Series No. 20 (1912). For subsequent amendments of these two treaties in 1949 through protocols, see 30 UNTS 23, 92 UNTS 19, 98 UNTS 101. For further details, consult United Nations, Multilateral Treaties in Respect of Which the Secretary-General Performs Depository Functions: List of Signatures, Ratifications, Accessions, etc. AS AT 31 December 1972, at 168-74, UN Doc. ST/LEG/SER.D/6 (1973) [hereinafter cited as Multilateral Treaties, 1972]. See also United Nations, Study on Traffic in Persons and Prostitution, UN Doc. ST/SOA/SD/8 (1959).

91 The Covenant of the League of Nations, Art. 2 3 (a) and (c).

92 1 Oppenheim, L., International Law 717 (Lauterpacht, H. ed. 8th ed. 1955)Google Scholar.

93 Treaty of Versailles, June 28, 1919, 2 Major Peace Treaties of Modern History, 1648-1967, at 1265, 1522-23 (F. Israel ed. 1967).

94 2 International Governmental Organizations: Constitutional Documents 1246, 1247 (Peaslee, A. ed. rev. 2d ed. 1961)Google Scholar. (Italics added).

95 See authorities cited in notes 218-27 infra and accompanying text.

96 Article 1 3 (1) (b) reads:

The General Assembly shall initiate studies and make recommendations for the purpose of:

. . .

b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 55(c) provides:

With a view to the creation of Conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56 stipulates:

All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

Article 62(2) states:

It [the Economic and Social Council] may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.

Article 76(c) reads:

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:

. . . .

c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; . . .

97 However, for a dramatic demonstration of women’s underrepresentation in the higher positions within the United Nations, see K. Davidson, R. Ginsbuhg, & H. Kay, supra note 6, at 932-34. See also Szalai, , The Situation of Women in the United Nations, UNITAR Research Report No. 18 (1973)Google Scholar; Differential Treatment Based upon Sex under the Staff Regulations and Staff Rules (Report of the Secretary-General), UN Doc. A/C.5/1519 (1973).

98 Bruce, supra note 31, at 369-70.

99 Article 2 reads in part: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as raoe, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” United Nations, Human Rights: A Compilation of International Instruments of the United Nations 1, UN Doc. ST/HR/1 (1973) [hereinafter cited as UN Human Rights Instruments].

100 Article 7 reads:

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Id.

101 Id. at 8.

102 Id. at 4.

103 The International Covenant on Civil and Political Rights provides in Article 2(1) that

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

and adds, in Article 26, that

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Id. at 8, 11.

Similarly, the International Covenant on Economic, Social, and Cultural Rights provides in Article 2(2) that

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Id. at 4.

For further elaboration, see McDougal, Lasswell, & Chen, supra note 4.

104 For an overview, consult Study of Provisions in Existing Conventions that Relate to the Status of Women: Report of the Secretary-General, UN Doc. E/CN.6/552 (1972). See also The United Nations and the Advancement of Women (Study prepared by Mrs. M. K. Baxter), UN Doc. A/CONF.32/L.7 (1968).

105 UN Human Rights Instruments, supra note 99, at 37 (preamble).

106 UN Human Rights Instruments, supra note 99, at 37.

107 Id.

108 Id.

109 Jenks, C., Human Rights and International Labour Standards 92 (1960)Google Scholar.

110 UN Human Rights Instruments, supra note 99, at 37.

111 Id.

112 Id.

113 Id. at 90 (preamble). Its text is printed in 193 UNTS 135. Operative since July 7, 1954, the Convention on the Political Rights of Women had, as of December 31, 1972, been ratified, or acceded to, by 69 states. Multilateral Treaties, 1972, supra note 90, at 349-50.

114 United Nations, The Convention on the Political Rights of Women: History and Commentary 1, UN Doc. ST/SOA/27 (1955). Cf. also E. Flexner, Century of Struggle: The Woman’s Rights Movement in the United States (1959); United Nations, The Road to Equality: Political Rights of Women, UN Doc. ST/SOA/13 (1953); Political Rights of Women (Report of the Secretary- General), UN Doc. A/8481 (1971).

115 The Convention on the Political Rights of Women, supra note 114, at v.

116 UN Human Rights Instruments, supra note 99, at 90.

117 Id.

118 Id.

119 GAOR, 7th Sess., 3rd Comm. 341 (1952).

120 Id.

121 UN Human Rights Instruments, supra note 99, at 56. Its text is in 309 UNTS 65. Entering into effect since August 11, 1958, the Convention, as of December 31, 1972, had been ratified, or acceded to, by 44 states. Multilateral Treaties, 1972, supra note 90, at 356-58.

122 United Nations, Convention on the Nationality of Married Women: Historical Background and Commentary 25, UN Doc. E/CN.6/389 (1962).

123 See id. at 30-33; United Nations, Nationality of Married Women 8-18, UN Doc. E/CN.6/254/Rev.1 (1963).

124 179 LNTS 89, 101 (Art. 8). See McDougal, Lasswell, & Chen, supra note 30, at 973-74.

125 UN Human Rights Instruments, supra note 99, at 56.

126 Id.

127 Id.

128 Id. at 29.

129 Id. Cf. also International Labour Organization Activities of Special Interest in Relation to the Employment of Women, UN Doc. E/CN.6/579 (1973).

130 U N Human Rights Instruments, supra note 99, at 31.

131 Id. “The establishment or maintenance of separate educational systems or institutions for pupils of the two sexes” would not be barred, provided that, pursuant to Article 2 (a), “these systems or institutions offer equivalent access to education, provide a teaching staff with qualifications of the same standard as well as school premises and equipment of the same quality, and afford the opportunity to take the same or equivalent courses of study.”

132 Bruce, supra note 31, at 375. For the text of the Convention, see 521 UNTS 231; UN Human Rights Instruments, supra note 99, at 92. In operation since December 9, 1964, the Convention, as of December 31, 1972, had been ratified, or acceded to, by 26 states. Multilateral Treaties, 1972, supra note 90, at 359-60.

133 UN Human Rights Instruments, supra note 99, at 92.

134 Id.

135 Id.

136 GA Res. 2018, GAOR, 20th Sess., Supp. 14, at 36, UN Doc. A/6014 (1965). The text of the resolution is reprinted in UN Human Rights Instruments, supra note 99, at 93-94.

137 UN Human Rights Instruments, supra note 99, at 93 (Principle II).

138 GA Res. 2263, GAOR, 22nd Sess., Supp. 16, at 35, UN Doc. A/6716 (1967). The text is reprinted in UN Human Rights Instruments, supra note 99, at 39–40.

139 Commission on The Status of Women, Report on the Twenty-Fifth Session, ECOSOC, 56th Sess., Supp. 4, at 28-46, 83-84, UN Doc. E/5451(E/CN.6/589) (1974) [hereinafter cited as 1974 Report of the Commission on the Status of Women].

140 Declaration on the Elimination of Discrimination against Women, 4 UN Monthly Chronicle 113 (Dec. 1967). In 1963, t he General Assembly, by a unanimous resolution, took the initiative in calling for the preparation of a Declaration on the elimination of discrimination against women. The Assembly instructed the Commission on the Status of Women to prepare a draft and invited member governments, the specialized agencies, and appropriate nongovernmental organizations to submit proposals for incorporation into the draft. In 1966, the General Assembly, upon receipt of the Commission’s draft, decided to return it to the Commission for further work, with instructions that the suggestions made by various governments and other bodies be taken into account. The task of drafting and redrafting, though not without difficulty, came to fruition after the revised draft, completed in March 1967 by the Commission, was considered by the Assembly’s Third Committee in October, and later unanimously approved by the General Assembly on November 7, 1967.

On the legislative history of the Declaration, see Equal Rights for Women, supra note 11; Draft Declaration on the Elimination of Discrimination against Women: Note by the Secretary-General, UN Doc. A/6678 (1967); also under the same title, UN Doc. A/6349 (1966); [1967] Yearbook of the United Nations 513-14, 518-22 [hereinafter cited as YBUN]; [1966] YBUN 462-63, 466-68.

141 11974 Report of the Commission on the Status of Women, supra note 139, at 31. See also 11 UN Monthly Chronicle 26 (Feb. 1974). For the pros and cons of formulating a single comprehensive convention, see Consideration of Proposals concerning a New Instrument or Instruments of International Law to Eliminate Discrimination against Women, UN Doc. E/CN.6/573 (1973).

142 Commission Res. 1 (XXV) adopted at the 618th meeting, January 25, 1974, 1974 Report of the Commission on the Status of Women, supra note 139, at 83-84. “. . . the proposed draft Convention was broader in scope than the Declaration but, at the same time included only fundamental aspects of women’s rights and avoided detailed and specific provisions which were already embodied in the International Labour Organization and UNESCO Conventions.” Consideration of Proposals Concerning a New Instrument or Instruments of International Law to Eliminate Discrimination Against Women (Report of the Working Group to the Commission on the Status of Women) 4, UN Doc. E/CN.6/574 (1974) [hereinafter cited as Report of the Working Group].

143 UN Human Rights Instruments, supra note 99, at 39.

144 Id.

145 Id.

146 1974 Report of the Commission on the Status of Women, supra note 139, at 32-34.

147 The reference is to United Nations Declaration on the Elimination of All Forms of Racial Discrimination, GA Res. 1904, GAOR, 18th Sess., Supp. 15, at 35, UN Doc. A/5515 (1963), and to International Convention on the Elimination of All Forms of Racial Discrimination, GA Res. 2106A, GAOR, 20th Sess., Supp. 14, at 47, UN Doc. A/6014 (1965). The text of these two documents is reprinted in UN Human Rights Instruments, supra note 99, at 22 and 23 respectively. For a detailed analysis, with pertinent references, see McDougal, Lasswell, & Chen, supra note 4.

148 UN Human Rights Instruments, supra note 99, at 39.

149 1974 Report of the Commission on the Status of Women, supra note 139, at 34.

150 It may be recalled that Article 1(1) of the International Convention on the Elimination of All Forms of Racial Discrimination reads as follows:

In this Convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

UN Human Rights Instruments, supra note 99, at 24.

151 Cf. McDougal, Lasswell, & Chen, supra note 4.

152 UN Human Rights Instruments, supra note 99, at 39.

153 Equal Rights for Women, supra note 11, at 3.

154 Id.

155 Id.

156 1974 Report of the Commission on the Status of Women, supra note 139, at 34-35.

157 Id. at 35.

158 Id. at 36.

159 UN Human Rights Instruments, supra note 99, at 39.

160 1974 Report of the Commission on the Status of Women, supra note 139, at 36.

161 See text and the accompanying notes 104-37 supra.

162 UN Human Rights Instruments, supra note 99, at 39.

163 See text and the accompanying notes 113-20 supra.

164 1974 Report of the Commission on the Status of Women, supra note 139, at 36.

165 Id [Art. 8 (b)].

166 Id. at 37 [Art. 8 (d)].

167 Cf. text and the accompanying notes 121-27 supra.

168 TJN Human Rights Instruments, supra note 99, at 39.

169 Id. at 56-57. See also note 167 supra.

170 1974 Report of the Commission on the Status of Women, supra note 139, at 37.

171 Id.

172 UN Human Rights Instruments, supra note 99, at 39 [Art. 6 (1) (b) ] .

173 I d . [Art. 6 (1) (c) ] .

174 1974 Report of the Commission on the Status of Women, supra note 139, at 41 [Art. 15 (2) ] .

175 I d . [Art. 15 (3)] .

176 Id.

177 UN Human Rights Instruments, supra note 99, at 39 [Art. 6 (2) (a) ] .

178 Id. [Art. 6(2) (b) ] .

179 Id. at 40.

180 Equal Rights for Women, supra note 11, at 11.

181 Bruce, supra note 31, at 388.

182 1974 Report of the Commission on the Status of Women, supra note 139, at 42.

183 TJN Human Rights Instruments, supra note 99, at 40.

184 Id.

185 Id.

186 1974 Report of the Commission on the Status of Women, supra note 139, at 42, and 36.

187 UN Human Rights Instruments, supra note 99, at 40.

188 Equal Rights for Women, supra note 11, at 16.

189 Id.

190 1974 Report of the Commission on the Status of Women, supra note 139, at 37-38.

191 UN Human Rights Instruments, supra note 99, at 40.

192 Id.

193 Id.

193 Id [Art. 10 (3)].

194 Id. at 39.

195 1974 Report of the Commission on the Status of Women, supra note 139, at 38.

196 Id.

197 Id.

198 Id. at 35.

199 Id. at 39.

200 Id.

201 Id. at 40.

202 Id.

203 Id.

204 Id.

205 Id. at 40–41.

206 Id. at 41.

207 UN Human Rights Instruments, supra note 99, at 40.

208 Other examples include application of double standards to “such matters as adultery and even murder in certain instances, where the husband was permitted to plead reasons of personal honour to justify killing of his wife in certain circumstances.” Equal Rights for Women, supra note 11 at 15. See also B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6, at 819-914; Bruce, supra note 31, at 389.

209 Cf. United Nations, The United Nations and the Status of Women (1964); Bruce, supra note 31.

210 UN Human Rights Instruments, supra note 99, at 19; United Nations, Final Act of the International Conference on Human Rights, Teheran, 22 April to 13 May 1968, at 4, UN Doc. A/CONF.32/41 (1968) [hereinafter cited as Final Act of the Human Rights Conference].

211 Final Act of the Human Rights Conference, supra note 210, at 10-11.

212 GA Res. 2716, GAOR, 25th Sess., Supp. 28, at 81-83, UN Doc. A/8028 (1970).

213 GA Res. 2626, id., at 39, 41.

214 GA Res. 3010, GAOR, 27th Sess., Supp. 30, at 66, UN Doc. A/8730 (1972).

215 Id. at 67.

216 Id. See also notes 2 and 3 supra.

217 Basic Documents on International Protection of Human Rights 125, 130 (L. Sohn & T. Buergenthal eds. 1973) [hereinafter cited as Basic Documents]. The Rome Treaty of 1958, etablishing the European Economic Community, states, in Article 119, that “each member State shall apply the principle of equal pay for men and women in the case of the same work.”

218 Basic Documents, supra note 217, at 210.

219 See Organization of American States, General Secretariat, The Organization of American States and Human Rights, 1960-1967, at 69-79 (1972) [hereinafter cited as OAS and Human Rights]. Report Submitted by the Organization of American States 68-80, UN Doc. A/CONF.32/L.10 (1968) [hereinafter cited as OAS Report].

220 See OAS and Human Rights, supra note 219, at 69; OAS Report, supra note 219, at 68-69.

221 OAS and Human Rights, supra note 219, at 69-70; OAS Report, supra note 219, at 69-70. For accounts of the recent activities of the Inter-American Commission of Women, see Report of the Inter-American Commission of Women, UN Doc. E/CN.6/ 558 (1972); Programme of Concerted International Action to Promote the Advancement of Women and Their Integration in Development (Report of the Inter-American Commission of Women), UN Doc. E/CN.6/572 (1973).

222 Nationality of Married Women, supra note 123, at 23-24.

223 Carnegie Endowment for International Peace, The International Conferences of American States, First Supplement, 1933-1940, at 250 (1940).

224 Id.

225 Convention on the Political Rights of Women, supra note 114, at 4.

226 Id. (n. 6).

227 Basic Documents, supra note 217, at 187, 188.

228 See N. Dorsen, N. Chachkin, & S. Law, supra note 44, at 347-90. Cf. also B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6; K. Davidson, R. Ginsbukg, & H. Kay, supra note 6; L. Kanowitz, supra note 15.

229 As of August 24, 1974, 33 states out of the required 38 had ratified the Amendment. N.Y. Time, Aug. 24, 1974, at 12, col. 1 (city ed.). The tortuous legislative history of this amendment is indicated in Brown, Emerson, Falk, & Freedman, supra note 6, at 981-85. See also Hearings on S.J. Res. 61 Before the Subcomm. on Constitutional Amendments of the Senate Comm. on the Judiciary, 91st Cong., 2d Sess. (1970); Hearings on S.J. Res. 61 and S.J. Res. 231 Before the Senate Comm. on the Judiciary, 91st Cong., 2d Sess. (1970); House Hearings on Equal Rights, supra note 349; Women and the “Equal Rights” Amendment: Senate Subcommittee Hearings on the Constitutional Amendment, 91st Congress (C. Stimpson ed. 1972); B. Babcock, A. Freedman, E. Norton, & S. Ross, supra note 6, at 129-89.

230 Bradwell v. Illinois, 83 U.S. (16 Wall.) 130 (1873).

231 Reed v. Reed, 404 U.S. 71 (1971).

232 Id. at 76-77.

233 Frontiero v. Richardson, 411 U.S. 677 (1973).

234 Id. at 678.

235 Id. at 678-79.

236 Id. at 686.

237 Id. at 686-87.

238 Id. at 688.

239 Id.

240 Id. at 690-91.

241 Brown, Emerson, Falk, & Freedman, supra note 6, at 979. With or without appropriate constitutional amendment, lawyers engaged in litigation for the protection of human rights might make much more effective use of the transnational prescriptions outlined above. Irrespective of whether particular conventions have been ratified by the United States, the general norm of nondiscrimination could be found to be a part of the customary international law which is the law of the land of the United States.

242 See e.g., United Nations, Constitutions, Electoral Laws and Other Legal Instruments Relating to the Political Rights of Women, UN Doc. A/6447/Rev.1 (1968); Symposium—The Status of Women, 20 Am. J. Comp. L. 585 (1972).

243 See McDougal, Lasswell, & Chen, supra note

244 Basic Documents on Human Rights 19 (Brownlie, I. ed. 1971)Google Scholar.

246 Id. at 26. See Tay, , The Status of Women in the Soviet Union, 20 Am. J. Comp. L. 662 (1972)Google Scholar.

248 Basic Documents on Human Rights, supra note 244, at 48.

247 4 Constitutions of Nations 1067, 1074 (A. Peaslee ed. rev. 3d ed. 1970).

248 Implementation of the Declaration on the Elimination of Discrimination Against Women and Related Instruments (Report of the Secretary-General) 11, UN Doc. E/CN.6/571 (1973).

Of course what is meant by “the law of the Islamic Sharia” is critical here. In aid of interpretation, consult generally 1 Ali, A., Mahommedan Law (4th ed. 1912)Google Scholar; 2 Ali, A., Mahommedan Law (5th ed. 1929)Google Scholar; Ali, A., The Spirit of Islam (1922), especially at 222-57 Google Scholar; Anderson, J., Islamic Law in Africa (1954)Google Scholar; Anderson, J., Islamic Law in the Modern World (1959)Google Scholar; Meer, A., The Legal Position of Women in Islam (1912)Google Scholar; Roberts, R., The Social Laws of the Quoran (1925)Google Scholar; Schacht, J., Introduction to Islamic Law (1964)Google Scholar. Cf. also Gibb, H., Modern Trends in Islam (1947; 1972)Google Scholar; Gibb, H., Mohammedanism: an Historical Survey (2d ed. Galaxy Book ed. 1962)Google Scholar; Gibb, H., Studies on the Civilization of Islam (1962; 1968)Google Scholar; Qutb, M., Islam, The Misunderstood Religion (1969)Google Scholar; Smith, W., Islam in Modern History (1957)Google Scholar; Themes of Islamic Civilization (Williams, J. ed. 1971)Google Scholar.

249 Quoted in Albeck, , The Status of Women in Israel, 20 Am. J. Comp. L. 693 (1972)Google Scholar.

250 Implementation of the Declaration, supra note 248, at 12.

251 See e.g., UN Doc. E/CN.6/548 (1971); UN Doc. E/CN.6/571, supra note 248.

252 UN Doc. E/CN.6/548, supra note 251, at 15.

253 Cf. McDougal, Lasswell, & Chen, supra note 4.

254 ECOSOC Res. 1325, ECOSOC, 44th Sess., Supp. 1, at 13, UN Doc. E/4548 (1968).

255 GA Res. 2716, GAOR, 25th Sess., Supp. 28, at 81-83, UN Doc. A/8028 (1970).

256 See United Nations, United Nations Assistance for the Advancement of Women, UN Doc. E/CN.6/467 (1967); United Nations, The United Nations and Human Rights 66-72 (1973); Bruce, supra note 31, at 391-412; Implementation of a Programme of Concerted International Action (Report of the Secretary-General), UN Doc. E/CN.6/577 (1973); Further Elaboration of a Programme of Concerted Action (Report of the Secretary-General), UN Doc. E/CN.6/553 (1972). Cf. also United Nations, Participation of Women in Community Development, UN Doc. E/CN.6/ 514/Rev. 1 (1972); United Nations, Report of THE Interregional Meeting of Experts on the Integration of Women in Development, UN Doc. ST/SOA/120 (1972).

257 GA Res. 3010, supra note 214.

258 1974 Report of the Commission on the Status of Women, supra note 139, at 1-3, 20-27, 103-13. Regarding the Commission’s deliberations at its twenty-fifth session, see UN Docs. E/CN.6/SR.599-612 (1974).

259 ECOSOC Res. 1849 (LVI), May 16, 1974, UN Doc. E/RES/1849 (1974). See also International Women’s Year: Report of the Secretary-General, UN Doc. E/CN.6/ 576 (1973); International Women’s Year: Report of the Working Group to the Commission on the Status of Women, UN Doc. E/CN.6/588 (1974); note 1 supra.

260 ECOSOC Res. 1849 (LVI), supra note 259, at 3.

261 Id.

262 Id. at 1.

263 Id. at 11-13.

264 Id. at 7.

265 Id. at 7-8.

266 Id. at 8.

267 Id. at 8-10.

268 Id. at 10.

269 Id. at 11.

270 Id.

271 Id.