Social welfare of women

By Tulasa Neupane
 Introduction
• Women are entitled to enjoy the same human rights and fundamental freedoms as
other individuals.
• International human rights treaties require State parties to take proactive steps to
ensure that women’s human rights are respected by law and to eliminate
discrimination, inequalities, and practices that negatively affect women’s rights.
• Under international human rights law, women may also be entitled to specific
additional rights such as those concerning reproductive healthcare.
• As a particularly vulnerable group, women have special status and protection within
the United Nations and regional human rights systems. International human rights
treaties prohibit discrimination on the basis of gender and also require States to
ensure the protection and realization of women’s rights in all areas – from property
ownership and freedom from violence, to equal access to education and
participation in government.
 Women and Gender Equality
• Gender equality is a principal objective and foundational concept in the struggle to
achieve women’s human rights. Gender equality means “equal rights,
responsibilities and opportunities of women and men and girls and boys.”
• Office of the Special Advisor on Gender Issues and Advancement of Women, Gender
Mainstreaming: Strategy for Promoting Gender Equality (2001), p. 1. Men and
women must have equal opportunity to enjoy the full spectrum of human rights in
all spheres of life.
• Although many key human rights instruments contain prohibitions on gender
discrimination and progress has been made toward the achievement of gender
equality, critical objectives for the empowerment and equality of women have not
yet been reached. - UN Women, Annual Report 2012-2013 (2013).
• Beijing Declaration and Platform of Action 1995- It identifies twelve priority topics
where action is needed to address gender inequality: poverty, education, health,
violence against women, armed conflict, the economy, power and decision-making,
institutional mechanisms for women’s advancement, human rights, the media, the
 Women and Gender Equality
• Gender equality is a principal objective and foundational concept in the struggle to
achieve women’s human rights. Gender equality means “equal rights,
responsibilities and opportunities of women and men and girls and boys.”
• Office of the Special Advisor on Gender Issues and Advancement of Women, Gender
Mainstreaming: Strategy for Promoting Gender Equality (2001), p. 1. Men and
women must have equal opportunity to enjoy the full spectrum of human rights in
all spheres of life.
• Although many key human rights instruments contain prohibitions on gender
discrimination and progress has been made toward the achievement of gender
equality, critical objectives for the empowerment and equality of women have not
yet been reached. - UN Women, Annual Report 2012-2013 (2013).
• Beijing Declaration and Platform of Action 1995- It identifies twelve priority topics
where action is needed to address gender inequality: poverty, education, health,
violence against women, armed conflict, the economy, power and decision-making,
institutional mechanisms for women’s advancement, human rights, the media, the
Background
• Women’s rights violation started in Nepal centuries ago. One of these
was Sati Practice, and that was end in 1920 by Rana Prime Minister
Chandra Shamsher. However, it did not end patriarchy in Nepal.
• Patriarchy restricted women’s liberation i.e., freedom of expression,
mobility, decision making, choices and rights etc.
• There has been separate limitations and perceptions in Women and
Men’s rights and the exercise of the rights.
• Role and participation of women- less in public sphere and more in
private sphere.
• Gender role Stereotype- tradition defined women role and
responsibility.
• Limited access of resources and opportunity for women.
Background
• Women’s Right in Conflict Situation
▫ Statistics on the type of atrocities during internal armed conflict 1996-
2006
 Killings - 17,828
 Disappeared people- 1,452
 Single women (widows)- 9,000
 Internally displaced families-9,000 • Internally displaced people - 89,171
 Property damaged- 14,438
 Injured and disabled people-5,912
 Kidnapped people- 2,985
 (Source: Ministry of Peace and Reconstruction (MoPR) Government of Nepal)
The disaggregated number of women suffering from atrocities of conflict is yet to be
identified. It is tentatively assumed that among all the conflict victims and affected, 40
to 60 percent of them are women. Different CSOs, human rights organizations, INGOs,
 Background
• Women’s Right in Conflict Situation
▫ During the conflict, women and girls were vulnerable from all forms of
violence, particularly sexual violence and exploitation, including torture,
rape, gang rape, and trafficking.
▫ This has consequently resulted in an increase in the number of single
women and women headed households, not only over-burdening them with
the livelihood insecurities but making them the victims of psychosocial
trauma.
▫ Due to the increased responsibility and work burden, women are found to be
suffering from frustration, depression, anxiety, conversion disorder,
psychosomatic pain, shock and fear.
▫ They were harassed by the demand of both warring sides for shelter and
food and had to face sexual slavery, sexual harassment, rape, and other
forms of violence which affected their physical as well as their mental
KEY WOMEN’S RIGHTS ISSUES
• Violence against Women
▫ Violence against women has been defined to include “any act of gender-
based violence that results in, or is likely to result in, physical, sexual or
mental harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public
or in private life.”
▫ States have an obligation to refrain from committing acts of violence
against women - Convention of Belém Do Pará, art. 7.
▫ Along with the more general protection against violence for all persons,
such as the rights to life and freedom from cruel and degrading
treatment, women may be entitled to specific protection against violence
committed by the State or third parties under specialized treaties.
KEY WOMEN’S RIGHTS ISSUES
• Sexual Violence
▫ Sexual violence includes rape, enforced prostitution, and other forms of
sexual assault.
▫ States have an obligation to prevent State actors from committing sexual
violence against women, as well as a duty to adopt laws and policies to
prevent such abuses by private persons and to ensure the effective
investigation and prosecution of those responsible
▫ State is responsible for taking measures to prevent, investigate, and
remedy sexual violence by State agents and may be held internationally
accountable for those agents’ actions
KEY WOMEN’S RIGHTS ISSUES
• Sexual Violence(Nepal- Armed Conflict 1996-2006)
▫ No data on sexual violence
▫ the survivors of sexual violence have not been able to be register as armed
conflict survivors, or receive any relief packages and or medical support.
▫ Issues of sexual violence was not included in National Plan of Action on
1325 and 1820 (hopefully it will be included on second phase of NAP)
▫ Case Study 1 “me and my sister in law was raped in front of our father-in-
law and elder brother on 21st May 2001. After few month our father in law
and brother (his wife was raped with me) died due to depression and
trauma. When peace process started, I went to nook to the police stations,
CDO office, Local Peace Committee and even reached out to Maoist leader
Dr. Baburam Bhattarai but, I didn’t get any proper response. Now I am
thinking, I will not seek justice anymore. I don’t trust anybody and I've lost
all hope. I've given up.”
KEY WOMEN’S RIGHTS ISSUES
• Sexual Violence(Nepal- Armed Conflict 1996-2006)
▫ Case Study 2 “Many rape victims in our village did not speak about
incident they faced. Now, I am thinking they were right. At least their
husbands did not leave them nor did anybody point fingers at them. I
spoke and I am no where.”
Survivors of the conflict(Dang District) from the different districts spoke on
women tribunal organized by WOREC, Nagarik Aawaz and Advocacy
Forum, 8th December 2014 at Human Right Commission's office
 KEY WOMEN’S RIGHTS ISSUES
• Female Genital Mutilation
▫ As described by the World Health Organization (WHO), the
practice of female genital mutilation (FGM) includes “procedures
that intentionally alter or cause injury to the female genital organs
for non-medical reasons.”
▫ he UN Committee on Economic, Social and Cultural Rights
(CECSR) has interpreted Article 12 of the International Covenant
on Economic, Social and Cultural Rights (ICESCR) to require
States parties to the ICESCR to protect women from being coerced
to participate in this harmful cultural practice.
▫ In order to protect the right to health, the CEDAW Committee
recommends that all States enact and enforce laws to prevent the
KEY WOMEN’S RIGHTS ISSUES
• Domestic Violence
▫ Domestic violence may be emotional, psychological, physical, or sexual. Although
this kind of abuse involves relationships between individuals and generally takes
place in the private sphere
▫ Human rights bodies have held that States have positive obligations
to investigate and prosecute domestic violence.
▫ In a landmark decision concerning Brazil, the Inter-American
Commission declared that the State had an affirmative obligation to
take all measures to prevent and end violence against women,
including prosecution of domestic violence.
▫ In this regard, the CEDAW Committee has noted that “women’s
human rights to life and to physical and mental integrity cannot be
superseded by other rights, including the right to property and the
 KEY WOMEN’S RIGHTS ISSUES
• Sexual & Reproductive Rights and Health
▫ Under international human rights law, States have an obligation to ensure
that all women have access to comprehensive reproductive health services
▫ Reproductive health services should include sexual health information and
education, family planning, maternal healthcare, and STI/HIV testing and
treatment.
▫ States should utilize a gender-based approach to healthcare policies and
management, so that barriers do not unduly restrict women’s access to
sexual and reproductive health services
▫ Barriers preventing equal access to healthcare include “high fees for health
care services, the requirement for preliminary authorization by spouse,
parent or hospital authorities, distance from health facilities and absence of
convenient and affordable public transport.” CEDAW Committee
KEY WOMEN’S RIGHTS ISSUES
• Abortion
▫ With the exception of the Maputo Protocol, the core international and
regional human rights treaties do not explicitly address the issue of abortion.
▫ The Maputo Protocol requires State parties to: …protect the reproductive
rights of women by authorising medical abortion in cases of sexual assault,
rape, incest, and where the continued pregnancy endangers the mental and
physical health of the mother or the life of the mother or the foetus.
▫ Where abortions have been made legally available, the State also has a duty
to ensure that women can obtain the information necessary to make a timely,
informed decision.
▫ The European Court found that a woman’s inability to access the appropriate
diagnostic services to determine the existence of a fetal malformation
prevented her from making an informed decision about having an abortion
KEY WOMEN’S RIGHTS ISSUES
• Abortion
▫ Both the UN Human Rights Committee and European Court have found
that denying access to an abortion when necessary to ensure other
human rights, such as the life and well-being of the mother, may violate a
States’ human rights obligations.
▫ UN Human Rights Committee found that the State violated the rights of
a minor by denying her the right to a therapeutic abortion when she was
carrying a fetus with a fatal anomaly
▫ The Inter-American Commission and Court have also taken steps to
prevent irreparable harm when there is a risk to the life of a pregnant
woman. The Commission issued precautionary measures on behalf of a
woman whose pregnancy was placing her health and well-being at risk.
KEY WOMEN’S RIGHTS ISSUES
• Education
▫ States are also obligated to remove barriers that hinder women’s
meaningful participation by ensuring equal access to education.
▫ In this regard, CEDAW requires States parties to ensure that women
have the same conditions and opportunities in schools by taking action to
reduce female student drop-out rates and other similar problems.
▫ The European Court has also recognized that a ban on headscarves in
educational settings implicates the right to education of women who
wear headscarves for religious reasons.
KEY WOMEN’S RIGHTS ISSUES
• Political and Public Life
▫ Article 7 of CEDAW specifically prohibits discrimination against women in
political and public life and is interpreted broadly to encompass all areas of
political and public life.
▫ Full political participation includes, but is not limited to, voting in
elections, registering as a candidate, campaigning, and holding office.
▫ Article 3 of the International Covenant on Civil and Political Rights
(ICCPR) also specifically protects women’s equal right to participate in
political and civil life
▫ In order to overcome women’s historical underrepresentation in legislative
bodies and political leadership, the Committee on the Elimination of
Discrimination against Women recommends the use of temporary
strategies such as financial assistance and training, recruitment, and
gender equality campaigns to overcome the existing deficits.
KEY WOMEN’S RIGHTS ISSUES
• Marriage
▫ Under international human rights law, a woman has the right to choose whether,
when and whom to marry.
▫ Marriage may only be undertaken with the woman’s consent or it constitutes a
violation of her human rights. Although not prohibited by international human
rights law, arranged marriages and other traditional practices should not interfere
with a woman’s ability to legally enforce her right to choose.
▫ Child marriage not only violates CEDAW but also the protections set forth in the
Convention on the Rights of the Child.
▫ States may prevent the practice of child marriage by setting a minimum age for
marriage.
▫ During a marriage and at its termination, women have the same rights as their male
spouses under international human rights law.
▫ Marital status alone cannot be used to determine a woman’s privileges and
responsibilities, such as her own nationality, parental rights, access to public
KEY WOMEN’S RIGHTS ISSUES
• Family & Parental Rights
▫ The Universal Declaration of Human Rights, in Article 16, describes the family as
a “natural and fundamental group unit of society that is entitled to protection by
society and the State.”
▫ Should a woman elect to have a family, she is entitled to choose both the number
and the spacing of children. CEDAW, art. 16(1)(e).
▫ Regardless of the form that a family takes, international human rights law
requires that “the treatment of women in the family both at law and in private
must accord with the principles of equality and justice for all people.” CEDAW
Committee
▫ CEDAW requires States parties to ensure that women and men have the same
rights and responsibilities in the family as parents, “with regard to guardianship,
wardship, trusteeship and adoption of children,” in choosing a family name and
profession, and in owning and administering property. CEDAW, art. 16.
KEY WOMEN’S RIGHTS ISSUES
• Human Trafficking
▫ Human trafficking is a global problem that disproportionately affects women
and girls. The United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children provides an
international framework for the prevention of trafficking, punishment of
traffickers and protection of victims.
▫ Victims of human trafficking often suffer from sexual violence and other
severe violations of their human rights.
▫ In its
Recommended Principles and Guidelines on Human Rights and Human Traf
ficking
, the UN Office of the Human Rights High Commissioner emphasizes the
primacy of human rights in the fight to end human trafficking.
KEY WOMEN’S RIGHTS ISSUES
• Labor & Employment
▫ Under international human rights law, women have the right to fair
wages, adequate working conditions, and employment without
discrimination.
▫ CEDAW requires States parties to take “all appropriate measures to
eliminate discrimination against women in the field of employment.”
▫ According to the specific protections set forth in CEDAW, both men and
women are equally entitled to:
Work Social security and paid leave
Employment opportunities Protection of health and safety
Job security, promotions and
Choice of Profession
benefits
KEY WOMEN’S RIGHTS ISSUES
• Labor & Employment
▫ ICESCR recognizes the “right of everyone to the opportunity to gain his
living by work which he freely chooses or accepts.”
▫ art. 6. Article 7 specifically protects the right to fair and equal wages
sufficient to provide a decent living for workers and their families
▫ The International Labour Organization also regulates the treatment of
women in the workplace through several conventions that specifically
address the fair treatment of women.
KEY WOMEN’S RIGHTS ISSUES
• Property
▫ CEDAW specifically protects the rights of women to administer property
and to enjoy property rights equal to those of a male spouse under law.
▫ The right to property is also recognized in Article 17 of the Universal
Declaration of Human Rights and is included in some regional human
rights conventions.