Graciela Ato del Avellanal v. Peru
(Communication No. 202/1986)
Article 3, Article 14 (1), Article 26 – Equal rights of men and women; equality before the courts and tribunals; discrimination on the ground of sex:
According to Article 168 of the Peruvian Civil Code, when a woman is married only the husband is entitled to represent matrimonial property before the Courts.
Violations of Articles 3, Article 14 (1) and Article 26: With regard to discrimination on the ground of sex the Human Rights Committee noted that under Article 3 of the Covenant State parties 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” and that Article 26 provides that all persons are equal before the law and are entitled to the equal protection of the law. The Committee found that the facts before it revealed that the application of Article 168 of the Peruvian Civil Code to the female author resulted in denying her equality before the courts and constituted discrimination on the ground of sex.
(Paragraph 9.1, 10.1, 10.2, 11)