Human
Rights
∙The United Nations is committed to the principle of equality of
men and women, meaning equality in their dignity and worth
as human beings as well as equality in their rights,
opportunities and responsibilities. In its work for the
advancement of women, the entire United Nations system has
dedicated itself to ensuring the universal recognition, in law,
of equality of rights between men and women and to exploring
ways to give women, in fact, equal opportunities with men to
realise their human rights and fundamental freedoms.
∙
United Nations
United Nations
∙It is concerned with – human rights, justice and equality
∙It promoted women’s rights and women’s empowerment.
∙‘Common minimum standards’ adopted by Member states.
Movements before UN
∙Mary Wollstonecraft, wrote A Vindication of the Rights of Women
∙Seneca Falls Convention , 1848. [ Elizabeth Cady Stanton, Lucretia
Mott, Mary M’Clintock, Martha Coffin Right, Jane Hunt]
∙
Phases of UN
∙First phase – 1945 – 1962
Ø UN worked to secure women’s legal equality.
Ø The formation of Commission on Human Rights and the
Commission on the Status of Women in 1946, and adoption of
Universal Declaration of Human Rights in 1948.
∙Second Phase – 1963- 2975
Ø Governments responded regarded adopting laws and programmes
to protect women’s right.
ØAdoption of Discrimination Against Women, 1967.
∙
∙Third phase – 1976 – 1985
Ø women’s issues is connected with other issues.
Gender Gender
injustice insensitivit
y
Introduction
∙Gender inequality
∙Universal Declaration of Human Rights , 1948
∙Rights include life, freedom from slavery, equal treatment, and
participation in society.
∙
Women’s Rights as Human Rights
∙Gender equality is a core principle of human rights.
∙CEDAW (Convention on the Elimination of All Forms of Discrimination
Against Women, 1979) specifically addresses women's rights.
∙Women's rights include the right to education, health, freedom from
violence, and political participation.
∙CEDAW 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.”
Major Challenges Faced by Women
∙Violence: Domestic violence, sexual harassment, and human trafficking.
∙Economic Inequality: Gender wage gaps, lack of opportunities, and unpaid care work.
∙Access to Education and Healthcare: Disparities in education and healthcare
services.
∙Political Participation: Underrepresentation in leadership and decision-making roles.
∙Reproductive health :
∙Marriage and Family: Right to choose whom she want to marry. Equal rights within
family
∙Labour and Employment :
∙Property Rights : Equal rights in property.
SDGs Vision 2030
∙Gender Equality SDG –5.
∙The strategy’s six areas of focus are as follows:
∙ 1. Comprehensive reforms: Repeal discriminatory laws that directly
and indirectly impact women and girls in 20 countries.
∙ 2. Promoting women’s economic empowerment: Repeal laws that
undermine equal pay, recognition of unpaid care work, protection of
domestic workers, parental leave and freedom of choice of
employment in 15 countries.
∙3. Eliminating harmful and discriminatory minimum age of marriage
provisions: Promote 18 years as the minimum age of marriage,
equalize the age of marriage between women and men and
eliminate related exceptions as appropriate in 15 countries.
∙4. Ending gender discrimination in nationality laws: Uphold
women’s rights to equality in nationality and citizenship laws in
25 countries.
∙5. Addressing discriminatory rape laws: Revise provisions that
exempt perpetrators from rape charges if they marry the survivor
in 10 countries.
∙6. Promoting equality in family relations: Repeal gender
discriminatory personal status laws (one or more of the following:
marriage, divorce, parental rights and inheritance) in 15
countries.
Convention on Elimination of All
Discrimination Against Women
∙There are 30 articles in the convention
∙It was adopted in 18 December, 1979
∙By accepting the Convention, States commit themselves to undertake a
series of measures to end discrimination against women in all forms,
including:
Ø to incorporate the principle of equality of men and women in their
legal system, abolish all discriminatory laws and adopt appropriate
ones prohibiting discrimination against women;
Ø to establish tribunals and other public institutions to ensure the
effective protection of women against discrimination; and
Øto ensure elimination of all acts of discrimination against women by
persons, organizations or enterprises.
∙
∙ Women cannot undertake the following in the same way or on an equal basis as
men: • Inherit equally as daughters in 39 countries
∙ • Apply for a passport in 37 countries
∙ • Inherit equally as a spouse in 36 countries
∙ • Be head of household or family in 31 countries • Get a job or pursue a trade or
profession in 18 countries
∙ • Travel outside their home in 17 countries
∙ • Obtain a national ID card in 11 countries
∙ • Register a business in 4 countries
∙ • Open a bank account in 3 countries
∙ Source: (World Bank. 2018. Women, Business and the Law 2018. Washington, DC:
World Bank.)
Countries
Restricted
women to have
employment of
their choice
∙GENEVA (23 January 2023) – 130 million girls are denied the human right
to education around the world, UN experts* said today, calling on States
to step up efforts for the realisation of this fundamental human right.
Ahead of the International Day of Education, the experts issued the
following statement:
∙“The world is failing 130 million girls denied the human right to education
– a fundamental, transformative, and empowering right for every human
being.
∙Countries that don't allow mothers to pass on nationality
∙Qatar, Kuwait, Brunei, Lebanon, Somalia, and Eswatini do not allow
mothers to pass on their nationality, or only with rare exceptions
∙
India’s Measure for Gender Equality
∙Indian Government Schemes
∙Beti Bachao Beti Padhao (BBBP),
∙Pradhan Mantri Awas Yojana (Urban & Rural),
∙the National Social Assistance Program (NSAP),
∙ Pradhan Mantri Vyay Vandana Yojana (PMVVY) and
∙ Scheme for Adolescent Girls (SAG) support women and girls to be
socially secure, the initiatives like Samagra Shiksha, Scheme of
National Overseas Scholarship, Babu Jagjivan Ram Chhatrawas Yojna,
Swacch Vidyalaya Mission, etc. ensure that schools are girl-friendly
especially for vulnerable sections of society and have adequate
facilities in place to fulfil their special requirements
Enhance Employment of women
∙ Government is providing training to them through a network of Women Industrial
Training Institutes, National Vocational Training Institutes and Regional
Vocational Training Institutes. To ensure economic independence of women
through skill development and vocational training, the Government has also
introduced Skill India Mission. The National Skill Development Policy focuses
on inclusive skill development, with the objective of increased women
participation for better economic productivity. Pradhan Mantri Kaushal Vikas
Kendras lay emphasis on creating additional infrastructure both for training
and apprenticeship for women; flexible training delivery mechanisms, flexible
afternoon batches on local need-based training to accommodate women; and
ensuring safe and gender sensitive training environment, employment of
women trainers, equity in remuneration, and complaint redressal mechanism.
∙ There are schemes like Pradhan Mantri Mudra Yojana and Stand Up India, Prime
Minister’s Employment Generation Programme (PMEGP), for helping the
women to set up their own enterprise. Under the Swacch Vidyalaya Mission, it
was ensured that all schools have at least one functional toilet for girls.
Pradhan Mantri Ujjwala Yojna (PMUY) aims to safeguard the health of women
by providing them with clean cooking fuel and also from drudgery of collecting
firewood.
Safety of women
∙ “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013‟,
∙ “The Protection of Women from Domestic Violence Act, 2006‟,
∙ “The Dowry Prohibition Act, 1961‟, etc. The schemes/ projects include One Stop Centres (OSCs),
universalization of Women Helplines (WHL),
∙ Mahila Police Volunteers (MPV), Emergency Response Support System (ERSS) which is a pan-India
single number (112)/ mobile app based system for emergencies, a cyber-crime reporting portal to
report obscene content and assistance to States/ UTs for strengthening cyber forensic capabilities, safe
city projects in 8 cities (Ahmedabad, Bengaluru, Chennai, Delhi, Hyderabad, Kolkata, Lucknow and
Mumbai), training and skill development programs for Investigation Officers (IOs), Prosecution Officers
(POs) and Medical Officers (MOs), distribution of Sexual Assault Evidence Collection (SAEC) Kits to
States/ UTs, establishment of state of the art DNA laboratory at CFSL, Chandigarh, assistance to 24
States/ UTs to strengthen Forensic Science Laboratories, assistance to States/ UTs for their respective
victim compensation schemes under Central Victim Compensation Fund (CVCF), setting up of Fast
Track Special Courts (FTSCs) for speedy disposal of cases of rape and cases under POCSO Act, setting
up/ strengthening of Anti Human Trafficking Units (AHTUs) in all districts of the country, setting up/
strengthening of Women Help Desks (WHDs) at Police Stations, Integrated Emergency Response
Management System (IERMS) at 983 railway stations, Video Surveillance System at Konkan Railway
Stations, scheme for customization, deployment and management of State-wise vehicle tracking
platform etc.
∙In order to safeguard the interest of the migrant workers, the Central
Government had enacted the Inter-state Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979. This Act has now been
subsumed in the Occupational Safety, Health and Working Conditions
Code, 2020 and the Code has been notified on 29.09.2020. The above-
mentioned code commonly known as OSH Code, provides for decent
working conditions, minimum wages, grievances redressal mechanisms,
protection from abuse and exploitation, enhancement of the skills and
social security to all categories of organized and unorganized workers
including migrant workers. The Code is applicable to every establishment
in which 10 or more inter-state migrant workers are employed or were
employed on any day of the preceding 12 months.
Optional Protocol of CEDAW
∙The Optional Protocol to CEDAW was accepted by the UN General
Assembly on 6 October 1999 and opened for signing and
ratification by national governments that were parties to CEDAW.
Its provisions became operational on 22 December 2000.
∙The purpose of the CEDAW Optional Protocol is to strengthen the
enforcement mechanisms available for the rights within CEDAW.
∙The Protocol provides for complaints to be taken directly to the UN.
∙Although CEDAW represents a strong and valuable statement of
women's human rights, it is not always enforced by governments
within their domestic legal systems. The rights exist, but they often
fail to be enforced.
∙
How Optional Protocol Works for Nations
• The Optional Protocol provides a 'backup' for domestic laws and policies
to ensure that they are adequate and effective.
• Domestic laws and policies sometimes have gaps so that some women
are not able to exercise or protect their rights - the Optional Protocol
ensures that an enforcement mechanism is available.
• In countries with a federalist system, state and federal governments may
have separate and independent legislative power. Therefore, the
actions of one level of government may be contrary to CEDAW while
the other is not. An Optional Protocol would help to ensure that all
levels of government in a country find domestic methods to set
uniform standards in accordance with CEDAW.
∙
• Governments change, as do systems of power and cultural
attitudes. Even though one nation's government may seem
supportive of women's rights now, it may not be so in the future.
The Optional Protocol provides a mechanism for the ongoing
protection of women's rights.
• It is important for nations with good domestic protection for women
to become a party to the Optional Protocol to demonstrate
leadership for other women from nations with less effective
mechanisms.
∙
Commission on Status of Women
∙ It promotes women’s rights and girls rights.
∙ In 1946 the Commission on the Status of Women was established to promote the
advancement of women throughout the world.
∙ the Commission focused on legal measures to protect the human rights of women
and awareness-raising on the status and situation of women around the world.
∙ By the mid 1960s, the Commission had begun to address women's role in
economic and social development.
∙ The Commission continues to provide unique opportunities for exchange of ideas,
experiences, good practices and lessons-learned to enhance implementation of
commitments at national level, through interactive expert panels on the themes
under consideration and roundtables for high level representatives attending
the annual sessions.
Convention on the Political Rights of
Women
∙Art.1. – Women entitled to vote.
∙Art.2 – Eligible to elections in publicly elected bodies.
∙Art.3.- Women can hold public office and exercise all public
elections.
∙Nigeria’ s 2019 presidential election featured 73 candidates, but only six
females—all six of whom withdrew their candidacy before the election.
Women currently occupy less than 7% of Nigeria's national governmental
seats (compared to a global average of approximately 26%) despite the
fact that 47% of registered voters are female. However, experts see a clear
cause for this disparity: a patriarchal national attitude that condones the
suppression of women in many ways.
Women in executive government
• As of 1 June 2024, there are 27 countries where 28 women serve as Heads of
State and/or Government . At the current rate, gender equality in the highest
positions of power will not be reached for another 130 years .
• Just 18 countries have a woman Head of State, and 15 countries have a woman
Head of Government.
• Data compiled data by UN Women show that women represent 23.3 per cent of
Cabinet members heading Ministries, leading a policy area as of 1 January
2024. There are only 15 countries in which women hold 50 per cent or more of
the positions of Cabinet Ministers leading policy areas .
• The five most commonly held portfolios by women Cabinet Ministers are Women
and gender equality, followed by Family and children affairs, Social inclusion
and development, Social protection and social security, and Indigenous and
minority affairs
∙
Women in National Government
• Only 26.9 per cent of parliamentarians in single or lower houses are women, up from 11 per cent in
1995 .
• Only six countries have 50 per cent or more women in parliament in single or lower houses: Rwanda
(61 per cent), Cuba (56 per cent), Nicaragua (54 per cent), Andorra (50 per cent), Mexico (50 per
cent), New Zealand (50 per cent), and the United Arab Emirates (50 per cent) .
• A further 22 countries have reached or surpassed 40 per cent, including 13 countries in Europe, five
in Africa, four in Latin America and the Caribbean, and one in Asia-Pacific .
• Globally, there are 21 States in which women account for less than 10 per cent of parliamentarians
in single or lower houses, including two lower chambers with no women at all .
• At the current rate of progress, gender parity in national legislative bodies will not be achieved
before 2063 .
• Women hold 36 per cent of parliamentary seats in Latin America and the Caribbean and make up
33 per cent of parliamentarians in Europe and Northern America. In sub-Saharan Africa, there are
27 per cent of women legislators, followed by Eastern and South-Eastern Asia with 23 per cent,
Oceania with 20 per cent, Central and Southern Asia and Northern Africa and Western Asia where,
in both regions, women make up 18 per cent of women Members of Parliament
∙
Women in local government
• Data from 141 countries show that women constitute more than 3
million (35.5 per cent) of elected members in local deliberative
bodies. Only three countries have reached 50 per cent, and an
additional 22 countries have more than 40 per cent women in local
government.
• Regional variations are also noted for women’s representation in local
deliberative bodies, as of January 2023: Central and Southern Asia,
41 per cent; Europe and Northern America, 37 per cent; Oceania, 32
per cent; Eastern and South-Eastern Asia, 31 per cent; Latin America
and the Caribbean, 27 per cent; sub-Saharan Africa, 25 per cent;
Western Asia and Northern Africa, 20 per cent.