International Woman Rights Law - Case Study Example

I 1 1 Introduction As a member of minority groups, life is hard and sometimes unforgiving, more so if you are a woman. Female members of minority groups are often considered second-class individuals even within their own group. The universal standards of human rights are often compromised and full implementation thereof negated when it comes to rights of women. Cultural and religious beliefs and practices among these minority groups strongly influenced their justice system, making it prejudicial towards women. “Discriminatory practices towards women are often justified by reference to traditional, historical, religious and cultural attitudes. Factors such as the segregated labour market, disparate social roles in terms of family responsibilities and gender-based violence present additional obstacles to equal achievement of economic, social and cultural rights by women.”1Rights and privileges, which are often taken for granted in developed countries, are often denied to women in minority groups. Their own governments by virtue of laws and regulations, which are prejudicial against the female populace, often tolerate injustices inflicted upon women. Recognizing the imminent need for the protection of the rights of women, the United Nations through a number of international instruments, made extremely clear the inviolability of the rights of women regardless of who they are and where they are situated. Several UN documents and platforms of action clearly stated that human rights of women are inalienable, integral and indivisible part of human rights. Women’s rights therefore, are non-negotiable. II. UN Instruments for the Protection of Women in Minority Groups A good number of international instruments protecting the rights of women have been in existence for several decades. Most of these declarations and covenants date as early as the middle of the 20th century and are mostly crafted to respond to the issues affecting women in minority groups. Yet, until the present, “women suffer the full range of human rights violations known to modern world. Women and girl children also face human rights violations solely or primarily because of their sex.”2 Violations of women’s human rights often contravene the international standards set in the Declarations and Covenants of nations. To fully understand the declarations and covenants of nations protecting women, let us look into the salient provisions of these instruments and the issues it seek to address. II.1 Universal Declaration of Human Rights Most of the instruments of the UN concerning the fair and equitable interrelationships of humankind are culled out from Universal Declaration of Human rights of 1948. According to this international instrument, “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”3 The statement is unequevocal and extremely clear. Women and men alike regardless of status, should be accorded with equal respect and fair treatment in society. Unfortunately, reports all over the globe speaks of human rights abuses on women that are often shocking to the senses of mankind. In countries where minority groups reside, “indigenous peoples are being uprooted from their lands and communities as a consequence of discriminatory government policies, the impact of armed conflicts, and the actions of private economic interests. With the disruption of traditional ways of life, indigenous women may face particular challenges, losing status in their own society or finding that frustration and strife in the community is mirrored by violence in the household. For the growing numbers of indigenous women who have migrated to urban settings or who live on land with a heavy military presence, racial and sexual discrimination in the larger society may lead to a heightened risk of violence and unequal access to the protection of the justice system.”4 The United Nations, its partners and indigenous peoples have developed a programme of work that sets standards in regards to indigenous peoples and their rights while paying close attention to the plight of women in these minority groups. Since 1982, Working Group on Indigenous Populations (WGIP) has attended regularly reviews on the development of minority groups in the effort to uphold the human rights of indigenous people’s, most particularly the women. “One of the principle outcomes in terms of standard setting is under discussion in the open-ended inter-sessional Working Group of the Commission on Human Rights on the draft declaration on the rights of indigenous peoples. This draft declaration is currently working its way up through the United Nations system to the General Assembly, where it will be considered as an aspirational document for Nation States and the indigenous peoples of the world.”5 II.2 Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries adopted on 27 June 1989 by the General Conference of the International Labour Organisation at its seventy-sixth session entry into force 5 September 1991, recognise “the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live”6 In applying the provisions of this Convention, article 6 thereof outlines the agreements of governments to consult the people concerned, establish means by which they can freely participate at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programs. Although provisions of this instrument is coached in general terms for all indigenous peoples, by virtue of the universal application of the law, women in minority groups will benefit from the proper and strict implementation thereof. With the local laws of their land conforming to international standards, women will have a voice in their governments. In the Philippines, seats for sectoral representatives include women in minority groups. 2.2.1 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Taking precepts of equal protection to a more specific degree, the UN General Assembly through resolution 47/135 of 18 December 1992, adopted and opened for signature the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The principle of “inadmissibility of discrimination” and the proclamations “that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,”7 is enshrined in this document. This declaration ensures that “States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law.”8 II.3 The International Covenant on Civil and Political Rights (ICCPR) Even in our modern society, some women in minority societies still do not enjoy the right of suffrage owing to cultural or religious practices. In Kuwait, voting rights of women is still under discussion. This is despite the unequivocal provisions of the ICCPR, where the State parties recognise “that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,”9 . According to this covenant, “(t)he States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights…”10 and that “Every citizen shall have the right and the opportunity, without any of the distinctions … and without unreasonable restrictions.”11 The Convention on the Political Rights of Women reinforced the International Covenant on Civil and Political Rights. Under this instrument, "The Convention on the Political Rights of Women further defines the rights of women to take part in the government of her country “directly or indirectly through freely chosen representatives, and… the right to equal access to public service in (her) country, … to equalise the status of men and women in the enjoyment and exercise of political rights...”12 Clearly ensured in this document is the right of women to vote and be voted upon and to hold office in equal footing with men. The instrument universally applies to all women, regardless of race or country of origin. II.4 The Convention on the Elimination of Discrimination against Women Despite many instruments have been adopted by the UN on the protection of women, “extensive discrimination against women continues to exist” 13 and undermine the international justice system. In answer to the issue of continued discrimination, the United Nations, in the Convention on the Elimination of Discrimination against Women in 1979, agreed with State Parties to “condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women…” Part of the agreement is that ”States Parties shall take shall take all appropriate measures (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.” 14 Conditions of employment are one of the areas where equity between women and men is clearly manifested. Women from minority groups often times do not get the same treatment as their men counterpart simply because they are women. Majority of minority societies prefer men to women in hiring personnel. Common reasons given are that women bear children and have to go on maternity leave at the expense of the employer. In some airlines, especially those coming from Asian countries where most minority societies are present, female flight attendants are dismiss from work once they get pregnant citing health hazards and inability to perform required task as reasons. The Convention (No. 111) concerning Discrimination in respect of Employment and Occupation adopted on 25 June 1958 by the General Conference of the International Labour Organisation at its forty-second session strive to bridge this employment gap between women and men. According to this instrument, “Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.”15 Compliance to this instrument by governments is still questionable as labour laws in some countries continue to tolerate unequal working conditions between women and men. II.5 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages Marriage and family life are issues that eluded international attention for a long time, being considered a private family affair that does not concern the state. However, the alarming practices mostly among minority groups brought the issue into the limelight. Incidents of forced marriages in many societies, where the women is coerced or forced by tradition to wed even before puberty to ensure that the girl is still a virgin is unconscionable and must not be tolerated. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages clearly states that “No marriage shall be legally entered into without the full and free consent of both parties, such consent to be expressed by them in person after due publicity and in the presence of the authority competent to solemnise the marriage and of witnesses, as prescribed by law.”16 This provision of the law continues to be violated even by States who signed the international instrument. “While both men and women experience forced marriages, it is primarily seen as an issue of violence against women. Marriage is forced upon young women for various reasons. Strengthening family links, protecting perceived cultural and religious ideals, preventing “unsuitable” relationships, protecting honour and controlling female behaviour and sexuality are some of the reasons given by the Working Group on Forced Marriage.”17 II.6 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others The issue on human trafficking is a horror that every all nations face, more so with developing countries. Women of minority societies who seek to escape from the bounds of their ethnic, cultural or religious situations often end up as victims human trafficking. “The supply of victims is encouraged by many factors including poverty, the attraction of a perceived higher standard of living elsewhere, weak social and economic structures, a lack of employment opportunities, organized crime, violence against women and children, discrimination against women, government corruption, political instability, armed conflict, and cultural traditions such as traditional slavery . . . On the demand side, factors driving trafficking in persons include the sex industry, and the growing demand for exploitable labour." 18 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others approved by General Assembly resolution 317(IV) of 2 December 1949, so provides that “Each Party to the present Convention agrees to take all the necessary measures to repeal or abolish any existing law, regulation or administrative provision by virtue of which persons who engage in or are suspected of engaging in prostitution are subject either to special registration or to the possession of a special document or to any exceptional requirements for supervision or notification.”19 To fully implement the full force of the law, this declaration classifies human trafficking subject to extradition. “The offences … shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be concluded between any of the Parties to this Convention…extradition shall be granted in accordance with the law of the State to which the request is made.”20 II.7 Declaration on the Elimination of Violence against Women Violence against women is very common most especially among minority societies where cultural and religious practices are still biased against women. Under the UN Declaration on the Elimination of Violence against Women adopted by General Assembly resolution 48/104 of 20 December 1993, the State Parties recognizes, “that violence against women is a manifestation of historically unequal power relations between men and women.”21 Groups of “such as women belonging to minority groups, indigenous women, refugee women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, female children, women with disabilities, elderly women and women in situations of armed conflict, are especially vulnerable to violence.”22 To ensure that violence against women will be reduced if not totally eradicated and that women who are victims of this injustice shall be vindicated under the law, State Parties agreed under this declaration to, “Include in government budgets adequate resources for their activities related to the elimination of violence against women.”23 Some countries that are parties to this declaration had already set-up government budget for the protection of women. The Philippines, a country with cross cultural inhabitants and has high incidents of violence against women specially those belonging to minority groups, have appropriated budget for Gender and Development as well as for Human and Ecological Security. These funds will be utilized to uplift the quality of life of indigenous women. “What this means is that governments have an obligation to bring to justice anyone who commits acts of violence against women. Governments also have an obligation to take every reasonable precaution to prevent such violence, including through public education and the reform of discriminatory cultural practices. And when these precautions fail, governments have an obligation to provide protection for women whose safety is threatened, including women forced to flee their own country and seek shelter abroad. As a last resort, the Optional Protocol to the Womens Convention will permit women to take complaints of systematic violations of their rights to the UN for investigation.”24 II.8 Declaration on the Protection of Women and Children in Emergency and Armed Conflict In times of armed conflict, women and children are always endangered. In minority societies where armed conflicts are common, women are often caught in the crossfire, cut-off from food, medicine and water, women and children either starved to death or are massacred to conserve supplies and declared as collateral damage. In the armed conflict between Christians and Muslims in the island of Mindanao, Philippines, Abu Sayaf members fleeing from military pursuit often take women belonging to different tribes as hostages and human shields. Under the UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict, State parties agreed that “All efforts shall be made by States involved in armed conflicts, military operations in foreign territories or military operations in territories still under colonial domination to spare women and children from the ravages of war. All the necessary steps shall be taken to ensure the prohibition of measures such as persecution, torture, punitive measures, degrading treatment and violence, particularly against that part of the civilian population that consists of women and children.”25 “Attacks and bombings on the civilian population, inflicting incalculable suffering, especially on women and children, who are the most vulnerable members of the population, shall be prohibited, and such acts shall be condemned”26 Sad to note however, that provisions under international laws, even if reinforced by local legislations are often times ignored. III. Analysis on the Effectivity of the Systems Most of the covenants are coached in general terms. Very few specifically points to women in minority groups. Furthermore, not all countries in world are signatories to the UN instruments protecting women. There are countries that are signatories to the instruments who signed with reservations on some provisions thereof, making their support to the instrument conditional. Governments who signed the instruments with reservations should closely re-examine their position and any limiting reservations made should be carefully re-considered with a view of either withdrawing them. On the local scene, many state laws do not comply with international standards. Most of these governments are those which has strong ethnic, cultural and religious beliefs and practices which, more often than not, are biased against women. III.1 Values and Traditions In the report of Ms. Radhika Coomaraswamy, the UN Special Rapporteur on violence against women, its causes and consequences submitted in accordance with Commission on Human Rights resolution 2001/49, cultural practices in the family are still violent towards women even in countries, which are signatories to the UN instruments. “Despite international norms and standards, the tension between universal human rights and cultural relativism is played out in the everyday lives of millions of women throughout the globe.”27 Family traditions and religious practices are still very strong in minority groups that even the women whom the law seeks to protect are so loyal to these traditions and practices that outside interference are considered intrusions to privacy. On property rights and marrital rights, although international laws made it clear that couples have equal rights in marriage, some countries like Iran, Dominican Republic, Gabon, Indonesia, Nigeria, Peru and the Philippines still have provisions in their family codes that the head of the family is the husband. Countries like Bangladesh, Kenya, Monaco and Venezuela, define citizenship as passing only through the male lineage. The lineage of the mother is negligible. “Women are denied maintenance on divorce or inheritance on the death of the husband or father. They can be divorced unilaterally by their husbands and lose custody of their children after a certain age. Their administration of property may always require the husband’s consent. In some countries so-called illegitimate children are denied any rights under the law and couples are denied the right to adopt them. In many countries girl children are married before they reach the age of 18. All these laws violate the Convention on the Elimination of all Forms of Discrimination against Women.”28 III.2 Judicial Proceedings Both international and national law afforded formal protections to women in general. However, discrimination against women in minority groups persists. These women often suffer most due to inability to access legal protection. Penal laws of countries hosting majority of the ethnic and cultural minorities aggravate violations of women’s human rights. Provisions on the crime rape under the Penal Codes of countries like Costa Rica, Ethiopia, Lebanon, Peru, Philippines and Uraguay, still pardons the perpetrator if the perpetrator agreed to marry the victim. In these countires, the crime of rape is some countries are classified as crimes against honour and not crimes against humanity as defined by international standards. 3.3.1 Reporting procedure “In order to implement the rights of persons belonging to minorities as enunciated in the International Conventions, committees have been established to monitor the progress made by States parties in fulfilling their obligations, in particular, in bringing national laws as well as administrative and legal practice into line with their provisions. The Committees which are of particular relevance to the implementation of minority rights are the Committee on Human Rights (which oversees implementation of the International Covenant on Civil and Political Rights); the Committee on Economic, Social and Cultural Rights (International Covenant on Economic, Social and Cultural Rights); the Committee on the Elimination of Racial Discrimination (Convention on the Elimination of All Forms of Racial Discrimination); and the Committee on the Rights of the Child (Convention on the Rights of the Child). State parties shall then submit periodic reports to the respective committees outlining the legislative, judicial, policy and other measures which they have taken to ensure the enjoyment of the minority-specific rights contained in the relevant instruments.”29 The Committee on the Elimination of Racial Discrimination also established an early-warning mechanism drawing the attention of the members of the Committee to situations, which have reached alarming levels of racial discrimination. “Criteria for early warning measures could, for example, include the following situations: the lack of an adequate legislative basis for defining and prohibiting all forms of racial discrimination; inadequate implementation of enforcement mechanisms; the presence of a pattern of escalating racial hatred and violence or appeals to racial intolerance by persons, groups or organizations; and significant flows of refugees or displaced persons resulting from a pattern of racial discrimination or encroachment on the lands of minority communities.”30 III.2.1.1.1.1 Conclusion International laws are extremely clear in matters concerning women. Yet, there are things that even the laws cannot define such as the uniqueness of traditions of peoples all over the world. Minority groups are usually rich in tradition and are often discriminated because of their own uniqueness, making them aliens and exiles even in their own lands. A paradox of law and tradition which requires deeper understanding. Yet, for purposes of setting legal standards and protections specially for women in minority geoups, Amnesty International issued 15 steps to protect women’s rights. The first two major steps involves the recognition of Governments that human rights are universal and indivisible. All people regardless of sex, colour, nationality, religion and group should be treated equality under the law. Women in minority groups, who, more often than not have less in life, should be given outmost protection under the law. The ratification by governments of the international instruments protecting human rights is very important. The co-operation of the governments in giving access to local information regarding human rights violations in their areas of responsibility to the proper investigating bodies whenever necessary and to enact local legislation which are in consonance with international standards. Imperative also is the enactment of local laws promoting the protection of rights of individuals, especially women belonging to minority groups. This is imperative and non-negotiable. Bibliography 1. Amnesty International. The International Day of the World’s Indigenous People: Dispossessed and in Danger – Time to make the rights of indigenous peoples a reality. POL 30/025/2005. 9 August 2005 (online) available: http://www.amnesty.ca/resource_centre/news/view.php?load=arcview&article=2718&c=Resource+Centre+News - last accessed 27 December 2005 2. Amnesty International. Human rights for human dignity: A primer on economic, social and cultural rights AI Index: POL 34/009/2005. 1 September 2005, pg. 50 (online) available: http://web.amnesty.org/library/Index/ENGPOL340092005?open&of=ENG-IND - last accessed 24 Dec. 2005 3. Amnesty International. 15 steps to Protect Women’s Human Rights (online) http://web.amnesty.org/pages/aboutai-recs-women-eng - last accessed 23 December 2005 4. United Nations. Universal Declaration of Human Rights. 1948, United Nations Treaty Series Vol. 660, pg. 195 (also online) available: http://www.unhchr.ch/udhr/index.htm - last accessed 23 December 2005 5. United Nations. Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries (online) Available: http://www.unhchr.ch/html/menu3/b/62.htm - last accessed 27 December 2005 6. United Nations. International Covenant on Civil and Political Rights (online) available: http://www.unhchr.ch/html/menu3/b/a_opt.htm - last accessed 23 December 2005 7. United Nations. Convention on the Political Rights of Women (online) Available: http://www.unhchr.ch/html/menu3/b/22.htm - last accessed 23 December 2005 8. United Nations. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (online) Available: http://www.unhchr.ch/html/menu3/b/d_minori.htm - last accessed 23 December 2005 9. United Nations. The Convention on the Elimination of Discrimination against Women (online) available: http://www.unhchr.ch/html/menu3/b/21.htm - last accessed 23 December 2005 10. United Nations. Discrimination (Employment and Occupation) Convention (No. 111) concerning Discrimination in respect of Employment and Occupation (online) available: http://www.unhchr.ch/html/menu3/b/d_ilo111.htm - last accessed 23 December 2005 11. United Nations. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. United Nations, Treaty Series, vol. 521, p. 231 (also online) available: http://www.unhchr.ch/html/menu3/b/63.htm - last accessed 23 December 2005 12. United Nations. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. United Nations, Treaty Series, vol. 96, p. 271 (also online) available: http://www.unhchr.ch/html/menu3/b/33.htm - last accessed 23 December 2005 13. United States State Department (2004a), "Trafficking in persons report", United States State Department, http://www.state.gov/g/tip/rls/tiprpt/2004/ - last accessed 26 December 2005. 14. United Nations. Declaration on the Elimination of Violence against Women (online) Available:http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.RES.48.104.En?Opendocument- last accessed 23 December 2005 15. Amnesty International . Women - Freedom from Violence. (online) Available. http://www.amnesty.ca/women/freedom1.php 16. United Nations. Declaration on the Protection of Women and Children in Emergency and Armed Conflict, (online) available: http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.RES.48.104.En?Opendocument - last accessed 23 December 2005 17. Radhika Coomaraswamy. Integration of the Human Rights of Women and the Gender Perspective, United Nations, E/CN.4/2002/83, 31 January 2002 18. United Nations. Fact Sheet No.18 (Rev.1), Minority Rights. (online) available http://www.unhchr.ch/html/menu6/2/fs18.htm - last accessed 27 December 2005 Read More