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Understanding Women's Rights and CEDAW

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Understanding Women's Rights and CEDAW

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© © All Rights Reserved
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Women rights are crucial part of international human rights however they are

different from men’s rights. This discussion at hand will elaborate the fact that
women are not in the need to get equal rights as that of men, but their rights should
be distinct and specific. It is argued that women rights primarily stem from
inherent right of dignity. Gender biases, discrimination, violence, denial of rights
and lack of enforcement mechanism are a few triggers based on which women’s
rights found their basis. Due to being oppressed and dependent, they faced
structural difficulties. The major barriers women face in order to get their rights
recognized, include male imperialism, male chauvinism and cultural embargos.
CEDAW and Vienna Declaration are major statutory elements to protect human
rights. According to the statement of Vienna declaration, women and girl child
rights are the most invisible rights in the universal human rights.

Women rights can relate to feminism as cultural and political force. Feminism is of
three types where the first type is the liberal type which means that men and
women are equal and should be treated equally. Cultural feminism is the second
type of the feminism which grants some specific rights to the women but not equal
rights. The last type is radical type which means to exploit men.

Significantly, denial of basic rights towards women, burden of poverty, and less
access to food, education, health, employment and civil rights (right to vote) are
the major factors of discrimination among women. women don’t get equally paid
as that of their services, however, they work more than men. Because of lower
salaries and lack of facilities for the children and elderly care, women are
compelled to exit the labor market.

Women rights have also been connected with the idea of dignity and human rights
by United Nation charter and UDHR. CEDAW has made a reference to the
international economic order, in which developed countries have attempted to
redress inequalities on the grounds of gender. The struggle of women rights is also
an economic struggle because women face more interruptions, and their work
hours are relatively shorter than men. Being a minor part of the work force
negatively effects the country’s GDP because their overall population is much
larger. As a result of which they get less financially rewarding careers as well as it
negatively effects their career development and promotion aspects.
Struggle for women’s right is not separated from struggle against apartheid,
colonialism, aggression, racism, and foreign occupation. Women plays their
essential role in the welfare of the family as well as development of the society, but
their role doesn’t get recognized. Women are only recognized as the caretaker of
the family. However, children’s and family’s responsibility should depend on both
the parents, but this rule is not protected by the society. The role of men is more
linked to ethics of justice whereas women’s is with ethics of care. Women's rights
have a multifaceted and multidimensional effect, as the well-being of a woman is
inextricably linked to the well-being of her entire family and the growth of society.

Discrimination against women exists in all the states. According to reports,


women's property rights in Kenya are bound by the country's land rule. Marriages
are now governed by five separate legal codes. Discrimination on the basis of
gender is forbidden at the constitutional level, although there are certain provisions
that encourage discrimination in personal and customary law. Each tribunal/ethnic
group has their own set of rules.

Women's rights are therefore linked to the basic concepts of dignity and human
value. Women should be protected and they are human beings as well. Before
Islam, the wife was considered as a subservient chattel of the husband, but Islam
transformed marriage into a civil equitable partnership for the first time by
granting wife rights and legal personality.

Discrimination was the subject of CEDAW. Direct discrimination and indirect


discrimination are the two forms of discrimination. CEDAW concentrated on
voting rights, civic engagement, right to residency, right to citizenship, access to
jobs, access to economic and social life, and the imposition of an obligation on the
state to respect and uphold human rights.

CEDAW would be implemented by reporting requirements, which would require


state parties to send a report to the committee within one year of signing the treaty
and again every four years thereafter. After that the committee will review it with
representatives from the governments of the states parties and determine if any
further action is needed. However, the monitoring framework does not adequately
remedy violations of women's rights (CEDAW), resulting in an ineffective
response to women's rights, and such compliance systems remain underfunded.
Reports will have a significant impact on women's rights on a macro level, but the
commission has the ability to keep issues on the international agenda and ensure
that women's rights are discussed at the global level. In his article, Byrne proposes
that a male specialist team be added to the committee to address the issue of gender
inequality. Furthermore, according to N.A Englehart, CEDAW has a strong impact
on women's rights, but its compliance processes are less than those of other
treaties.

According to CEDAW, violence against women is a serious violation of human


rights, but it can be mitigated to some degree by establishing a special
representative who can collect individual cases, conduct committee visits, and send
annual reports to the commission. According to Amnesty International, one out of
every three women has been beaten or assaulted at some point in her life. Women's
violence stems from a pervasive history of sexism that refuses women the same
rights as males.

According to a UNDP study from 1997, Singapore has improved basic human
rights, healthcare for working mothers, women's health programs, and tax
incentives for married women. The Singapore government points out that equality
before the law is guaranteed under the constitution, according to article 2 of
CEDAW. Nigeria had banned early marriages, women's prostitution, and legal
assistance for women, according to the CEDAW's fourth or fifth periodic survey.
In the case of Shafia Hussain, a woman was sentenced to death for storming, but
her conviction was later overturned. This case showed that major policies can be
changed.

Instead of imposing new cultural norms in a heavy-handed manner, Na'aim


recommended that discussions within cultural norms take place. He emphasized on
education in shifting popular beliefs that underpin cultural traditions. Another big
source of controversy is the presence of African-Americans in jails, including
women, which suggests a failure of US criminal justice system. Gender and
violation of human rights would be seen if standard minimus rules for treating
prisoners were applied. Officials are involved in security violations.

Furthermore, in many countries, women are regarded as family honor, and where
they are accused of having a romantic activity or even incest, they may be
subjected to honor killings. In Pakistan, a social media blogger named Qandeel
Baloch was fatally assassinated by her own brother in the name of honor killing for
being too outspoken. According to Sections 309 and 311 of the PPC1860, honor
killing is a criminal offence punishable by ten years of jail, and the state, not the
protector of the diseased, has the privilege of remission.

Hence, based on the discussion it can be argued that CEDAW puts a significant
role in making sure that rights have been granted to those who suffer to survive in
a society. because of cultural relativism women rights are diversified based on
different societies. Because CEDAW and other different legislation raised
difficulties in interpreting the notion of human rights, hence international women's
rights cannot be said to have developed.

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