The Independent Commission for Human Rights
if the abductee is female of the same age, with hard labour for not less
than (5) years if the abductee is a married female aged (15) or less than
that. It is also punishable with hard labour for (10) years if the abductee
(male or female) is subjected to rape or an indecent act, and with hard
labour also for not less than (10) years if the abductee is a married woman
aged (15) years or less than that and subjected to the sex act (intercourse).
There is also the punishment of hard labour for not less than (7) years if
the abductee is married, aged over (15) years and subjected to the sex act
(intercourse). However, this provision is discriminatory since it is based on
sex, age and marital status of the female. It constitutes a breach of article
(1) of the Convention, which defines discrimination against women as “any
distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment
or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms
in the political, economic, social, cultural, civil or any other field”. It also
constitutes a breach of article (2) of the Convention, which is paraphrased
below and urges States Parties to:
a. Embody the principle of the equality of men and women in
their national constitutions or other appropriate legislation if
not yet incorporated, and to ensure the practical realization of
this principle through law and other appropriate means;
(b) To adopt appropriate legislative and other measures,
including sanctions, prohibiting all discrimination against
women;
(c) To establish legal protection of the rights of women on
an equal basis with men, and to ensure through competent
national tribunals and other public institutions the effective
protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of
discrimination against women and to ensure that public
authorities and institutions shall act in conformity with this
obligation;
(e) To take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise;
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