Ato del Avellanal v. Peru, 28 October 1988
Annual Review of Population Law 15: 79
1988
ISSN/ISBN: 0364-3417 PMID: 12289685 Document Number: 383645
The plaintiff challenged Article 168 of the Peruvian Civil Code, which provides that, when a woman is married, only the husband is entitled to represent matrimonial property before a court. On the basis of this Article, the plaintiff had lost a suit over back rent due from tenants of buildings that she owned. The Human Rights Committee concluded that Article 168 violated Article 3 of the International Covenant on Civil and Political Rights (ICCPR) (equal right of men and women to enjoyment of rights guaranteed by the ICCPR; Article 14(1) (equality before courts); and Article 26 (equality before the law and equal protection of the law). It called on the Peruvian Government to remedy these violations.