54 INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT against women as embodied in article 2 of the Convention.75 Equally unacceptable is the reservation on the obligation to eliminate discrimination against women in all matters relating to marriage and family relations as embodied in article 16.76 Reservations on these two provisions render the State parties’ obligations under the Convention meaningless. D.  CONCURRENT APPLICATION AND THE PRINCIPLE OF LEX SPECIALIS When, according to the rules explained above, both international humanitarian law and international human rights law apply to a given issue in an armed conflict, how do they interact, in particular when both offer contradictory answers? This complex question is sometimes raised by State authorities, human rights and humanitarian workers and others in the field. Two arguments have specifically been raised against their concurrent application. First, it has been argued that international human rights law and international humanitarian law are regimes that apply in separate contexts—namely the former in peace time only and the latter in armed conflict—and their concurrent or complementary application is, therefore, irrelevant. Second, it has also been argued that if both bodies of law are in fact applicable in situations of armed conflict, then the question is whether one body of law would have pre-eminence over the other as a matter of lex specialis. While these questions may seem academic, they could have an impact on the activities of human rights workers and advocates. Having a clear legal framework is essential to adequately address and engage with the relevant actors, including States and non-State armed groups. The following sections will draw from the views of human rights bodies, as well as decisions of the International Court of Justice and regional human rights courts. As will be shown, legal and jurisprudential developments over the past 15 years have provided clear confirmation of the concurrent application of both   Official Records of the General Assembly, Fifty-third Session, Supplement No. 38 (A/53/38/Rev.1), Part Two, chap. I, paras. 6, 10 and 16. 76   General recommendation No. 21 (1994) on equality in marriage and family relations, para. 44. 75

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