When it comes to interpretation of general human rights , women rights are of relevant
interest owing to its previous non-recognition and limited scope. The advocacy for women's
rights is not solely a legal matter, but also encompasses the consequences of male
imperialism and male dominance. The initial declaration regarding the broad scope of
women's rights was confirmed at the Vienna world conference in 1993. During this
conference, women were recognised as an essential and inseparable component of
universal human rights. Despite the existence of legal measures such as CEDAW and efforts
to combat violence against women, various factors such as illiteracy, poverty, feudalism,
cultural constraints, and patriarchal norms significantly impact this domain.
Regarding the aforementioned statement, we will assess the rights of women and the
impact of CEDAW in empowering them. Additionally, one might question whether CEDAW
possesses the capacity to address feminist concerns adequately. Moreover, it is worth
considering whether a harmonious integration of the ethics of care and justice could be
achieved within the framework of this document. The question at hand is whether women's
rights should be regarded as a distinct category or as an extension of fundamental human
rights.
Women are individuals who possess rights and should be granted the same rights as men.
The vulnerability of women is emphasised in various human rights charters. Various
international conventions and declarations, including the International Covenant on Civil
and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural
Rights (ICESCR), the Universal Declaration of Human Rights (UDHR), and the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW), have been
established to acknowledge and safeguard the rights of women. These statutory measures
aim to ensure the protection of fundamental human rights for women.
Ensuring the preservation of women's fundamental human rights is of utmost importance,
necessitating the eradication of any form of gender bias. When considering this matter from
a natural standpoint, it is evident that the concerns, needs, and prospects of males and
females vary. Men possess an ethical inclination towards justice, whereas women exhibit a
tendency towards the ethic of care. The advocacy for women's rights is primarily associated
with a feminist perspective and aims to address male dominance and chauvinism. While
there are various charters in place to uphold and implement women's rights, these rights
often become compromised due to a multitude of factors. These factors include inadequate
enforcement, lack of political determination, poverty, feudalism, and cultural limitations.
CEDAW, for the first time, took a significant step towards safeguarding women's rights on a
global level, emphasising the fundamental principles of dignity and non-discrimination.
Through this specific charter, CEDAW granted women the opportunity to avail themselves of
provisions such as food, healthcare, education, employment, freedom of expression, equal
access to healthcare, and economic and social opportunities, among others. It also
addresses the historical context of women's rights being suppressed during periods of racial
regime and colonisation. CEDAW, also known as the Convention on the Elimination of All
Forms of Discrimination Against Women, has advocated for the eradication of both overt
and covert forms of bias directed towards women. It has also emphasised the importance of
ensuring equal opportunities for women in areas such as voting rights, public engagement,
and the acquisition of nationality. CEDAW's first article provides a comprehensive definition
of gender-based discrimination targeting women. The concept of discrimination is defined
as any form of differentiation, omission, or limitation based on gender that results in
negating the acknowledgment, pleasure, or implementation by females, regardless of their
marital condition. The protection of their rights and fundamental freedoms in political,
economic, social, cultural, or any other domain must be ensured. Article 2 of CEDAW is
currently in effect, serving as the core provision that addresses the methods employed to
combat discrimination. Article 3 of CEDAW emphasises the importance of implementing
necessary actions to advance the basic human rights of women. Article 5 imposes an
obligation on the state to alter societal and cultural norms pertaining to the behaviour of
both genders, aiming to eradicate the prevalence of traditional gender roles. Consequently,
it establishes a responsibility to prevent the exclusion of women from public life and their
subjugation as inferior citizens. However, addressing this issue necessitates the
implementation of appropriate laws and educational initiatives. Article 6 places an
obligation on the state to employ necessary measures in order to prevent any and all types
of trafficking and exploitation of women involved in prostitution. Article 10 highlights the
importance of ensuring women's access to education. Hence, this article aims to eradicate
preconceived notions about males and females in every aspect of education, across all
levels. It is imperative for the government to prioritise the decrease in female dropout rates
and the establishment of initiatives for girls who have prematurely discontinued their
education. Additionally, the state should actively promote family planning education and
take measures to address the societal pressures that lead girls to abandon their educational
pursuits, as it is their fundamental entitlement. Article 11, which places emphasis on the
entitlement to gainful employment. The emphasis is on the importance of ensuring a
discrimination-free work environment and ensuring that women are not denied
employment opportunities based on gender discrimination or any other restrictions.
According to Article 12, it is emphasised that both genders, women and men, should be
granted equal opportunities to avail healthcare services. Additionally, it is highlighted that
women should be provided with suitable services pertaining to pregnancy. Article 13 further
expands on the existing ban against discrimination in the context of social and economic
activities. CEDAW has implemented a robust system for ensuring the enforcement of
mechanisms that aim to enhance the rights of women. Article 17 of CEDAW establishes the
committee responsible for addressing the issue of discrimination against women. This
committee is comprised of individuals who possess exceptional ethical values and expertise
in the subject matter encompassed by the convention. Furthermore, it is worth noting that
article 21 elaborates on the powers and responsibilities of the committee, while article 22
grants specialised agencies the authority to submit reports to the committee. For instance,
in 1994, the commission on human rights established procedures, as outlined in resolution
1994/45, to gather information pertaining to instances of purported violence against
women. Discussions pertaining to purported acts of aggression towards females can be
submitted through the initial optional protocol of ICCPR and the 26th article of ICCPR.
Hence, this efficient mechanism and charter exist to safeguard women from any form of
torture, cruel treatment, and degrading treatment that is inhumane. CEDAW has an optional
protocol that allows individuals who have experienced violence to submit their reports.
Feminists argue that the concept of the family, as depicted in Article 16 of the convention, is
ambiguous and lacks clarity. Furthermore, they view Article 25(2) as poorly conceived. The
belief is that conventions do not adequately address the rights of children who have been
abused or their families who have experienced abuse. Moreover, they argue that the
reporting system inadequately addresses infringements on women's rights. Additionally,
they contend that the enforcement mechanism under CEDAW is underfunded when
compared to other human rights conventions. Women work more than men, and over 50%
of their work goes unrewarded. Consequently, women encounter gender-based bias within
society, necessitating the state's responsibility to address and enact legislation to mitigate
this issue. Women experience domestic violence in various regions across the globe, which
is a significant concern. They endure incidents such as acid attacks and honour killings,
highlighting the severity of the issue.
The case study indicates that Singapore possesses a legal system that is influenced by its
racially diverse composition. The civil law is applicable to individuals who do not practise the
Muslim faith, while the administration of Muslim law act is in place for those who follow the
Muslim faith. Based on a report by UNDP in 1997, it is mentioned that Singapore has
effectively improved the fundamental skills and abilities of both genders. Moreover, the
case study pertaining to Nigeria reveals that the local legal framework poses challenges for
the effective implementation of CEDAW. While the Nigerian constitution guarantees
freedom from discrimination, it is worth noting that certain practises that may be
considered discriminatory according to CEDAW's standards align with the principles of
sharia law. Cultural values often exhibit incongruities with regards to the rights of women in
specific regions. Both Nigeria and Singapore acknowledge the presence of various
jurisdictions within their respective countries, which gives rise to concerns regarding
coherence and coordination, particularly in Nigeria.
Statement regarding the eradication of violence directed towards women CEDAW does not
explicitly address the condemnation of violence against women, but it indirectly expresses
disapproval of such acts through the content of the convention. According to Article 1,
violence targeting women encompasses various forms of gender-based harm, such as
physical, sexual, or psychological abuse. This includes acts like rape, sexual abuse, sexual
harassment, intimidation in the workplace, and coerced involvement in prostitution. The
declaration should refrain from utilising customs, traditions, or religious considerations as
excuses to evade their responsibilities in eliminating violence against women. It is argued
that while legislation can facilitate the implementation of these standards, there is a need
for a shift in societal conduct. Consequently, it stipulates that states must diligently take
measures to prevent, investigate, and penalise instances of violence targeting women.
Achieving a balance between conservative religious norms and western liberalism is crucial
in addressing the challenges faced by women. In the year 1994, the commission on human
rights established the position of special rapporteur on violence against women through
resolution 1994/95. Additionally, they devised mechanisms to ensure governments'
compliance in addressing reported instances of violence against women.
A case study conducted in a US prison indicates that violence is a result of imbalanced
power dynamics between individuals of different genders. However, it is important to note
that these power dynamics are influenced by political or ideological factors rather than
being biologically or uncontrollably predetermined. AN-NAIM suggests that it is crucial to
facilitate internal discussions within cultures, rather than forcefully imposing new norms in a
heavy-handed manner. He emphasised the significance of education in altering commonly
held beliefs that form the basis of cultural practises.
In general, it can be inferred that CEDAW has played a substantial role in bestowing rights
upon individuals who endure challenges in societal existence. Nevertheless, it is important
to note that these fundamental rights may differ across societies as a result of the prevailing
notion of cultural relativism. Furthermore, the notion of women's rights is believed to have
evolved since the establishment of CEDAW and the implementation of various laws, which
has resulted in intricacies when it comes to comprehending the underlying purpose of
human rights.