Elimination of Discrimination Against Women - Essay Example

Elimination of Discrimination against Women and International Human Rights The issue of discrimination against women has received increasing national and international recognition. This has seen a significant growth in strength and organisations of women’s movements in regional and global spheres. The movements are either governmental or non-governmental organisations whose agenda is to eliminate discrimination against women. The international communities address the matters of women through conferences that pass agreements to protect the rights of women (Kambel, 2004). Most of the non-governmental organisations that champion for women rights’ are under United Nations. United Nations member states adopt several treaties that seek to protect the rights of women. The Charter of United Nations recognises that persons have basic human rights and should live a dignified-life. In addition, the Charter prevents all forms of discrimination because every person is has equal freedom regardless of gender. Discrimination against women infringes the rights and respect for human solemnity. It limits women from taking an active part in political, social, cultural, and economic developments in their country. In addition, inequality between in genders demeans women’s contributions in the family, society, and in individual states. This is because women do not have enough space to exploit their potentials. In the light of this, United Nations has entered into several treaties that seek to cushion women from any form of discrimination (General Assembly). This paper will analyse the convention of elimination of discrimination against women. It will then endeavour to highlight the contribution of the convention to development of international human rights. Women have been on the receiving end of all forms and mannerisms of men behaviour. Patriarchy dominates virtually all the indigenous and marginalised societies. Men perpetrate all forms of discrimination to women. Women suffer because they are voiceless in presence of male dominated societies. Discrimination against women happens in all sectors. These forms of discrimination include forced relocation from women’s ancestral lands, pollution and destruction of their homes, limited or no education at all, and poor health care. Other human right’s violations that women face include rape, domestic violence, forced sterilisations, and inadequate reproductive health care. These vices have significantly limited women participation in national and international matters. These bad experiences of women have attracted the international attention to provide an amicable solution. Women use various ways to demand for call for recognition of their human rights. These are efforts to end discrimination and oppression of women (Kambel, 2004). United Nations stepped forward to safe women from wrath of patriarchal nature of society. It did this through signing of various treaties that recognises women rights. United Nations is replete with regional commissions, specialised agencies, programs, and other instruments to address the plight of women. Nations have presented entities that seek to recognise women rights. The countries do so in the international circles. The commitment of all the world society structures is to achieve equality and human rights. Steiner (2008: 175) notes that the number of movements advocating for women rights has increased over the years. Leaders and champions of human rights hold international conferences with the main goal of reducing the gap between men and women. Non- governmental organisations are in the forefront to advance the efforts to eliminate discrimination against women. Women have formed movement aiming to draw the attention of international community to recognise their rights (Steiner, 2008:173). The lessons that international community learned from the tragedies of Second World War led to signing of the Charter of United Nations. The aim of this alliance was to bring peace, mutual aid, and human rights in the world. United Nations in consultation with intergovernmental organisation, non-governmental, and agencies established a series of Treaties, Covenants, and Declarations. The three spelled out conventional and undeniable standards on the subject of dignity and quality of life entitled to all persons (Orend, 2002:5). Universal Declaration of Human Rights in 1948 set general unchallengeable rights of all individuals. Conventions concentrated on specific areas of interests. The first recognition of women rights was back in 1979 (General Assembly). United Nations prepared and approved Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW). The purpose of this Convention was to devise strategies to eradicate discrimination against women. The convention stipulated that the nations that signed the Treaty were to report periodically to the UN Committee on the Elimination of Discrimination against Women. The focus of this Convention was on issues that emerged from public spheres of women’s live. These included political and economic discrimination of women (Donnelly, 2003:23). The Charter of United Nations, Universal Declaration of Human Rights, and International Covenants on Human Rights directed the Convention. The Charter of United Nations recognises the basic Human rights of to all persons regardless of gender. The Universal Declaration of Human Rights acknowledges equality, rights, and freedoms of both men and women. The International Covenants of Human Rights reaffirms that all individuals have the same and equal rights to participate in all civil, political, social, economic, and cultural rights. The Convention comprises of six sections. In Article 1, the Convention redefined and broadened the discrimination of women to incorporate, any attempt that bares women from freedoms in matters of all fields. This means that the distinction made based on sex does not have to be deliberate to qualify as discrimination. In broad sense, it means that any criterion that may appear to be gender neutral but has an element to favour men is discrimination. This Article contributed to development of human rights through expanding the term prejudice against women. It extended discrimination to integrate private life. This meant that the Human rights treaties considered both public and private aspects of discrimination against women (Kambel, 2004:10). Article 2 provides policies that that eradicates discrimination against women. The Article demands all the states to take appropriate actions eliminate favouritism that disadvantages women. This Article calls for state to move beyond limits in order to protect women against discrimination. The Article called for respect of women in sectors whether in governmental or non-governmental. Article 2 of the Convention required nations to pass equality laws and incorporate in their constitution to curb the discrimination against women. In addition, the Convention through this Article sought a tougher mechanism to deal with favouritism. For instance, it demanded for tribunals and institutions that were capable of protecting women rights. The Article further incorporated a clause for restriction on the nations that nations that failed to recognise the rights of women (Steiner, et al 2008:174). This Article contributed immensely in development of international human rights. Countries passed new legislation, abolished the existing laws that paid little attention to women, set up structures, and reviewed their national provisions. This gave women the freedom to participate in all in political, economic, social, and cultural development of their countries. Member country that attempted to violate women’ rights faced many sanction. The Article more attention of women issues especially in the rural areas and equal payment of women with that of men. The Article calls for the end of women demeanour through suppression and trafficking in women and girls (Kambel, 2004:17). The international human rights condemn such heinous acts and any nation that attempt to contract its Article faces the wrath of the law. The Conventions reaffirmed that women had equal rights as that of men. It recognised the fact that human beings are born with equal rights. In the light of this, CEDAW through Article 3 sought to increased participation of women in all fields. These included political, social, economic, and cultural. Men dominated these fields that discriminated women. Women could not get the freedom to take any active part because men viewed the fields as their preserve. This was in contradiction to one of the principles in Universal Declaration of Human Rights. The clause demands that every one has inalienable freedoms, dignity, and rights since birth. This made that no one had the mandate to despise women. The clause implied that women equal protection of the law as men counterparts. This was the only way to full accomplishment and success of women in their endeavour to acquire equality. Ratification of this convention broadened the Declaration of Human rights adopted in 1948. This ensured that there was no stereotyping of women and women had equal opportunities as their male counterparts. Enforcement of human rights is the letter and spirit of human rights (General Assembly). Article four of CADAW calls for nations to set local and special arrangements that will favour women. This is the efforts of the Convention to achieve equality between men and women. It is the realisation that male chauvinism has dominated women lives for a long. They have suppressed the basic human rights for all human beings. Human rights dictate that all human beings should need respect and dignity. In addition, the Article 4 requires inclusion of women to decide their own fate. This is in line with the freedom that Human rights enshrine in its Articles. It gives women an equal expression of their views as subjects who can think but not objects for discrimination (Steiner, et al 2008:173). It means the patriarchal nature of society cannot control the rights of women to express them. This has advanced achievement of women’s human rights. The conventions have demanded states to do away with social and cultural prejudice that oppress women. Article five of CADAW calls for a change of social and cultural customs that discriminate women. There is no biasness and down rating of women when compared to men. The Convention recognises that men and women have the same roles that are interchangeable. This is the spirit and letter of Human Rights on equality. Reinforcing this Article, the convention sought to bridge the gap between men and women. CADAW recognises that the rearing of children is a role of men and women. Article five of CADAW advocated for education of women and men to understand reproductive issues. Through this Article, women can access proper medical care. In addition, it promotes the concepts of sharing responsibilities at home. This is a deviation from the traditional thinking that the women have the sole responsibility in upbringing of children. Article 5 complements Article 3 of the Declaration on the Elimination of Violence against Women. In this Convention, Article 3 stipulates that women should get a standard and comprehensive health care (Kambel, 2004:23). The conventions have reduced the incidences of women and girls trafficking and prostitution. This is because women have been in the receiving end of human trading. Article six of CADAW seeks to stop women from engaging into the sex trade because of attempts of patriarchal society to fail to grant women a fair chance of employment. The Article mandates State Parties stop to engaging in trading and exploitation of women through sexual acts. This contributed to development of international human rights that views prostitution as violence and discrimination against women (Steiner, et al 2008:174). Human Rights state that women prostitution that men perpetrate violates the fundamental rights to sexual autonomy and integrity. This is in contrary to the UN Declaration of Human Rights of 1948. The declaration assures human dignity and integrity for all human beings. It therefore means that prostitution is incompatible with worth of human being. Prostitutes are powerless and men insult, rape, and mistreat women and girls hence degrading their humanity. In the light of the oppression of women through prostitution and trafficking, CADAW directed the State Parties to put proper mechanisms in place to fight the two vices. This is in the effort to empower women and provide enough awareness that they have equal rights as their male counterparts. Since the first meeting of CADAW in 1979 United Nations has adopted Protocol that suppresses, prevents, and punishes persons involved in trafficking of women and girls. The Protocol requires State Parties to cut the demand that leads to promote women trafficking and prostitution (Blanchfield, 2010:11). The Conventions have advocated the rights of women to vote. This reaffirms the assertion in Article 21 of the Universal Declaration of Human Rights. The Article asserts that everybody, man or woman, has a right to participate in the government of his/her country. It also goes ahead to state that all citizens have the right to take part in public service of their country. This is in regardless of their sex. In recognition of the letter of this Article, CADAW formulated Article 7 that called for the end of discrimination of women in public offices. The Article acknowledges that women have the right to vote and get leadership positions in the public offices (Blanchfield, 2010:15). In addition, they should take part in formulation and implementation of policies both in Non-governmental, social, and civil groups. This shows that the Convention was committed to eliminate discrimination against women in an effort to acquire equality. This has led to wide acceptance of women in leadership positions. The signing of Treaties has improved access of education for women. Article 10 of CADAW gives equal rights of women to acquire skills in all fields of education. The Convention demands that the institutions of learning to accord guidance in careers to women equal measure to that of men. In addition, the Article requires the facilitators in these institutions to subject women to the similar curricula, examinations, and equipment to that of men. This Article champions for education for every citizen in the State Parties. The Article calls for eradication of gender stereotyping in the fields of education. Education empowers women to recognise their human rights. This helps the women to break away from customs and culture of submission to discrimination. The learned women become the role models for the unlearned and marginalised ones. Education for all decolonises women thoughts to compete effectively with the men (Panigrahy, 2006:14). The transformation aspect of education enables women to assume jobs that many viewed as men preserves. These comprise of school administrators, doctors, and nurses. In addition, the right of education to women has empowered women to participate in national and international developmental activities. International Treaties have brought sanity to employment. The Conventions have advanced elimination of discrimination in the job market. Article 11 of CEDAW demands the State Parties to do away with discrimination of women in securing jobs. The Article articulates that women have equal rights to work, get job training and employment chances as their male counterparts. In addition, women need to get the same amount of salaries for a job of equal value to that of men. This Article has enabled women to access same benefits, allowances, and compensatory schemes. This happens after the women retire or become unable to work. The Treaty ensures that women enjoy their working environment without discrimination. This is in regardless to maternity, marriage, and pregnancy. The employers provide payments of maternity leaves to women without any lose of their jobs. In addition, the employers give supportive social services that allow women to balance work and family responsibilities. Further, the Article offers women secure an outside-the-home employment on equal measure to men (Steiner, et al 2008:176). The Convention for Elimination of Discrimination Against Women has urges parties to take viable measures to eliminate discrimination against women in the field of health care. This is contained in Article 12 of the treaty. The Treaty calls for equal access of health services that includes family planning among and other essential services to health. In addition, Article 12 states that the State Parties should to provide appropriate health services to women when they are expectant and post-natal care. On top of this, State Parties should grant free services to women regardless of their background. It therefore means that it is the responsibility of individual States to ensure the well-being of mothers’ health. This is enshrined in Article 25 of Human Rights (General Assembly). The Conventions have empowered women to organise groups and cooperatives in order to get equal access to economic opportunities through securing employment opportunities. Women have obtained agricultural loans, credit, appropriate technology, and equal rights to own land as their male counterparts. This means that women have enough freedom since they are independent and can afford decent housing, water, and sanitation. For instance, Article 14 of CADAW addresses the inequality between men and women. The Article gives special attention to marginalised women whom the men have their rights to participate in developmental project. The Article lays emphasise State Parties should to give an assurance to local women to eliminate discrimination for equality between men and women. The attention to rural women is impressive for their transformation and bridging of gender gap. Article 16 of CEDAW seeks to the State Parties to eliminate discrimination against women. This is through disruption of traditional culture that subordinates women. This complements Article 5 of the same Treaty that calls for change of customs that degrade women. Articles 17 to 30 advance campaigns to stop women discrimination. This is an effort to attain equality between men and women (Steiner, et al 2008: 174). The Conventions have created enough awareness among women. Feminist and scholars have challenge some of the stipulations set in the Treaties. This is in an effort to acquire fairness and equality among men and women. Scholars have dedicated their studies to transform the status of women through engendering process. They seek to question the institutions that perpetrate inequality in national, legal, and family settings. The aim is to unravel the discriminative laws that suppresses women and invites discrimination. This is because scholars feel that the institution that make laws have inadequacy and fail to give recognition to the aspect of inequality. Women have used strategies find a space in the male dominated societies. These include organising women conferences, street protests, and congregation in local and national levels. This is in aim to change the perspectives of the fellow marginalised women to demand for their freedom and rights (Rege, 2006:155). The signing of Treaties to eliminate discrimination among women has seen the scholars and feminists to advances the spirit of these conventions. The feminists know that empowerment of women brings a positive change to their lives. The scholars and women lobby groups pressurise an abolishment of the structures that demean and despise women. This is an effort to transform and uplift women to realise their rights that the patriarchal societies have denied them. Women challenge the male dominated legal system and seek to establish their position without regard to state and non-state laws (Krishnadas, 2007). This is because these laws are very discriminative and harbours the progress of women to achieve equality. The activities of women receive support from agencies such as World Bank that works in informal settings within the villages. Through empowering women, the marginalised mothers move from the houses to interact with the others to fight for their place. This is the freedom of association, which Human rights advocate. Women abandon their traditional responsibilities that comprise of rearing cattle and upbringing children. Instead, they move to a modern way of life of equality between men and women (Krishnadas, 2007). The international treaties for elimination of discrimination against women have prompted State Parties to enact policies that disrupt culture that oppress women. Individual nations have established laws to deal with the perpetrators of discrimination against women. The feminist scholars encourage women to report private discrimination. The scholars demand that the government should not only concentrate on public litigation but ought to investigate private forms of discrimination (Cooper, 2009:178). These are the efforts to search for autonomous space for women to contribute to nation building. Drawing their energy from the spirit of Conventions to eradicate discrimination, feminists champion for change that recognise women rights. It is evident from the discussion above that the treaties on elimination of discrimination against women have substantially contributed to development of international human rights. This has led to feminists and scholars to champion for the rights of women especially the marginalised. The transformation of women has empowered them to demand equal rights to that of men. The Convention on Discrimination Against Women has been a platform to advance change and equality between men and women. Women and human rights lobby groups continue to challenge the patriarchal structures that formulate laws of individual nations. The increased recognition of women and participation in advocating enforcement of their rights is a sign of progress. The quest for universal human rights has to continue to attain equality and eliminate discrimination against women all aspects of life. Bibliography General Assembly. Convention on the Elimination of All Forms of Discrimination against Women. Available from http://mineaction.org/downloads/Emine%20Policy%20Pages/HR%20Law/CEDAW.pdf. [Accessed 22 April 2012] Kambel, E.R. 2004. A Guide to Indigenous Women’s Rights under the International Convention on the Elimination of All Forms of Discrimination Against Women. Available from http://www.forestpeoples.org/sites/fpp/files/publication/2010/10/cedawguidejan04eng.pdf. [Accessed 22 Apr 2012] United Nations. 2006. Universal Declaration of Human Rights. Available from http://donegallpass.org/UNIVERSAL_DECLARATION_OF_HUMAN_RIGHTS.pdf. [Accessed 22 Apr 2012] Krishnadas, J. 2007. Relocating the Master’s Domain: Social and Legal Location Gender from Post-Disaster to Everyday Life. Available from http://sls.sagepub.com/content/16/1/131.full.pdf+html. [Accessed 22 Apr 2012] Cooper, D. 2009. Intersectionality and Beyond: Law, Power and the Politics of Location. London: Taylor & Francis. Rege, S. 2006. Writing Caste, Writing Gender: Reading Dalit Women's Testimonios. New Delhi: Zubaan. Alston, P. & Crawford. J. 2002. The Future of Un Human Rights Treaty Monitoring. Cambridge: Cambridge University. Blanchfield, L. 2010. U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate. Darby: DIANE Publishing. Edwards, A. 2010. Violence Against Women Under International Human Rights Law. Cambridge: Cambridge University. General Assembly. Declaration on the Elimination of Violence against Women G.A. res. 48/104, 48 U.N. GAOR Supp. (No. 49) at 217, U.N. Doc. A/48/49 (1993). Available from http://202.54.104.237/intranet/eip/legislation/uploads/Declaration%20on%20the%20Elimination%20of%20Violence%20against%20Women.pdf. [Accessed 22 Apr 2012] Steiner, H., et al. 2008. International Human Rights in Context: Law, Politics, Morals : Text and Materials. Oxford: Oxford University Press. Singh, U. 2009. Human Rights and Peace: Ideas, Laws, Institutions and Movements. New Delhi: SAGE Publications Ltd. Panigrahy. R.L. 2006. Women Empowerment. New Delhi: Discovery Publishing House. Donnelly, J. 2003. Universal Human Rights in Theory and Practice. New York: Cornell University Press. Orend, B. 2002. Human Rights: Concept and Context. Peterborough: Broadview Press. Read More