CHAPTER 58

Vulnerable Groups and Human Rights

There are certain groups of human beings which either by nature or because
of deep-rooted custom are weak and vulnerable, such as, a child, women, disabled
persons, aged persons, migrant workers or persons belonging to a particular race
However, they being human beings do possess human rights and fundamental
freedoms. But their rights have been violated very frequently by the dominant
section of the society. The movement of the under privileged arnd deprived sections
for securing a place for themselves under the auspices of the United Nations has
contributed a great deal in spreading the message of human rights. Anumber of
conventions have been concluded under the auspices of the United Nations to
protect their rights which are as follows :
(1) WOMEN
The advancement of women has been a focus of the work of the United
Nations since its creation. The Preamble of the Charter of the United Nations sets
as a basic goal to reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in the equal rights of men and women. Furthermore,
Article 1 of the Charter proclaims that one of the purposes of the United Nations
is to achieve international cooperation in promoting and encouraging respect for
human rights and fundamental freedoms for the people without distinction as to
race, sex, language or religion.
As early as in 1946 the Commission on the Status of Womern was established
to deal with women's issues. The Universal Declaration of Human Rights had
affirmed the principle of the inadmissibility of discrimination and proclaimed that
all human beings are born free and equal in dignity and rights and that everyone
is entitled to all the rights and freedomsset forth therein, without distinction of
any kind, including distinction based on sex. However, there continued to exist
considerable discrimination against women primarily because women and girls
face a multitude of constraints imposed by society, not by law. It violated the
principle of equality of rights and respect for human rights.
The General Assembly on November 7, 1967 adopted a Declaration' on
the Elimination of Discrimination Against Women, and in order to implement
the principle set forth in the Declaration, a Convention on the Elimination of AI!
Forms of Discrimination Against Women was adopted² by the General Assembly
1. General Assembly Resolution 2263 (XX), dated November 7,1967.
2. General Assembly Resolution 34/180 dated December 18, 1979. Earlier, a Convenion
on the Political Rights of Women was adopted on December 20, 1952 by the General
Assembly through a Resolution 640 (V), which came into torce on July 7, 195 The
Convention stated that women shall be entitled to vote in all elections on equal terms
(876)
 Vulnerable Groups and Human-Rights 877

18, 1979 after five years of consultation with the

Com mission on
onDecember
Women (CSW).
The Convention often described as an 'International
Statusof Women' came into force in 1981. As of Septenber 17, 2020, the
Rights for
the
of has189
States Parties.!
Bill
Convention
'Discrimination Against Women' :
Definition of
International Bill of Human Rights laid down acomprehensive
Althoughthe
which all persons, including women are entitled, additional means
rightsto human rights of women were seen as necessary because the mere
setof
protectingthee
for their'humanity'
has not been sufficient to guarantee women the protection
tactof
rights. The Preamble to the Convention on the Elimination Against Women
oftheir despitethe existence of other instruments, women still do not have
explainsthat, Against Women continues to exist in every
wiith mnen. DDiscrimination
equalrights
under Article 1 defines the term discrimination against
society.
Convention
The
distinction, exclusion or restriction made on the basis of sex which
women as any
effect or purpose of impairing or nullifying the recognition, enjoyment
hasthe
exercise by womnen,
irrespective of their marital status, on a basis of equality
and fundamental freedoms in the political,
or
and women, of human rights
of men
economic, social, cultural,
civilor any other field.2
Convention under Part II lays down a number of fields where States
The
take steps to eliminate discrimination against women which
Parties are required to
includes the following :
Education, The Convention under Article 10 provides that women
(1) as to that
be provided same conditions for careers and vocational guidance achievement of
shall same access to studies for the
of men. They shall be provided
educational establishments of all categories in rural as well as in urban
diplomas in
equality shall be provided in pre-school, general, technical, professional
areas. This as in all types of vocational training.
and higher technical education, as well
to all publicdy
they shall be eligible for electionshall
wath men, without any discrimination; on equal terms with men and be entitled
elected bodies established by national Jaw
to hold publicoffice and to exercise all public functions. (1979)
Elimination of All Forms of Discrimination Against Women
Convention on the declarations
was ratified on July 9, 1993. India while ratifying the Convention made two of
reads : With regard to Articles 5(a) and lo()
and a reservation. The first declaration Forms of Discrimination Against Women, he
The Convention on the Elimination of All
GOvernment of the Republic of India declares that it shall abide by and ensure these
interference in the personal atta1rs ot any
Provisions in conformity with its pulicy of non-The second declaration states: With cegaru
ommunity without its initiative and [Link] of AIl Forms of Disermanalon
uce 16(2) of the Convention on the Republic of ndia declares hal Uhough u
gainst Women, the Government of the of nmarriages, t 0
Peit fully supports the principle of compulsory registration teligios l levl o
of custons,
Cal in a vast country lilke India with its variety meaningless in view of the judguent ot
literacy. However, the Declaration has become Suprene Cour, p. 158at p.
the Supreme Court in Seema v..Ashwini Kumur (ALR. 2006
Supreme Court on October 25, 2007 held for the Ompulsoy rvgistrallu
bulouged w
of mer, the are citizens of ndia evenif thwy
marriages in respect of all persons who
various religions.
2. Article 1.
 KIgnts

Women shall have access to the same curricula, the same

examinations, teachine
staff with qualifications of the same standard and schoolpremnises
of the same quality as to that of men. Women shall be and equipment
provided same
as to men in matters relating to scholarship and other study grant. opportunities
They
same opportunities for access to programme of continuing education shall have
adult and functional literacy programmes. They shall have same includine
opportunities to
participate actively in sports and physical education.
(2) Employment.-The Convention under Article 11 provided that States
Parties shall take all appropriate measures to eliminate discrimination against
woman in thefield of employment providing same rights, in particular, (a) the
right to work; (b) right to same employment opportunities; (c) right to free
choice of profession and employment; (d) right to equalremuneration including
benefits and to equal treatment in respect of work of equal value as well as
of treatnment in the evaluation of the quality of work; (e) the right tosocial equality
particularly in cases of retirement, unemployment, sickness, invalidity security
and old
age and other incapacity to work, as well as the right to paid leave; (f) right
to protection of health and to safety in working conditions. There shall beno
discrimination against women on grounds of marriage or maternity.
(3) Health care.-The Convention under Article 12 provides that States
Parties shall take steps to eliminate discrimination against women in the field
of health care, access to health care services, including those related to family
planning.
(4) Economic and Social Life.- Article 13 of the Convention provides that
discrimination against women shall be eliminated in other areas of economic and
sociallife. They shall be provided, the same rights as to that of men in particular
(a) the right to family benefits; (b) the right to bank-loans,mortgages and other
forms of financial credit; (c) the right to participate in recreational activities,
sports and all aspects of cultural life.
(5) Women in Rural Areas.-Article 14 provided elimination of
discrimination against rural areas. States Parties are required to ensure such
women the right (a) to participate in the elaboration and implementation of
development planning at all levels; (b) to have access to adequate health care
facilities, including information, counselling and services in family planning
(c) to benefit directly from social security programmes; (d) to obtain all types
of training and education, formal and non-formal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community and extension
services, in order to increase their technical proficiency; (e) to organise selt-help
groups and cooperatives in order to obtain equal access to economic opportunities
through employment or self-employmernt; (f) to participate in all community
activities; (g) to have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform as wel as
in land resettlement schemes; and (h) to enjoy adequate living
conditions.
(6) Equality before Law.,-Article 15 of the Convention provides that
'States Parties shall accord to women equality with men before the law'. Wome
shallhave equalrights to conclude contracts and to administer property and Staes
Parties shalltreat them equally in allstages of procedure in courts and tributds
 Vulnerable Groups and Human Rights
879
StatesParties
agree that all contracts and allother private
with a
legal effect which is directed at restrictingthe legalinstruments of any kind
be
deemned null and-void. States Parties shall accord to mencapacity of
women shall
and women
with law relating to the
rights domicile movement persons and the freedom tothe same
of
their residence and cho0se
(7) Marriage and Family Relations,- Article 16
take all measures to eliminate provides that States Parties
shall
relating to marriage
and family discrimination
relations. Women
against women in all matters
to enter into shall be
marriage; (b) the same rights, andprovided (a) the
same right
marriage and at its
during dissolution;
(c) the same rights and responsibilities
as
parernts, in matters relatingto their
paramount; (d) the same
responsibilities
children. In all cases the interests of children
shall be rights to decide freely and
the nunmber
and spacing of their childrern and
to have access to the responsibly on
and means to enable them to information,
responsibilities with regard to exercise their rights; (e) the same rights
education
and guardianship, wardship,
adoption of children; (f) the same personal rights as husband andtrusteeship and
auht tochoose a family name, a profession and an occupation; (g) the wife, including
same
rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of
for avaluable consideration. charge or
Crates Parties tothe Convention condemned discrimination against
women
in all its forms' and agreed to pursue by all appropriate means to eliminate
discriminalion against women and, to this end they undertook :
(a) To embody the principle of the equality of men and women in their
national constitutions or other appropriate legislation if not yet
incorporated therein;
(b) To adopt appropriate legislative and other measures prohibiting all
discrimination against women;
(c) Toestablish legal protection of the rights of women on an equal basis
with men;
(d) Torefrain from engaging in any act or practice ofdiscrimination against
women;
(e) Totake all appropriate measures to eliminate discrimination against
women by any person, organisation or enterprise.
(f) To repeal all nationalpanel provisions which contribute discrimination
against women.
Implementation Procedure
a
eConvention under Article 17 made a provision for the establishment of
Committee on the Elimination of Discrimination Against Women for the purpose
of considering the progress made in the implementation of the provisions of the
the time of
Convention. The Committee shall consist of eighteen members (at ratification
entry into force of the Convention) and twenty-three members (after
shall be experts
OSlon to the Convention by thirty-five States). The members
1. Article 2.
880
International Law and Human Rights

of high moral standing and shall possess conmpetence in the field covered by
the Convention. The experts shall be elected by States Parties from among their
nationals and shall serve in their personal capacity.
The States Parties shall report periodically to the Committee a report on the
legislative, judicial, administrative or other measures which they have adopted to
give effect to the provisions of the Convention. The Committee examines reports
submitted by States Parties and makes its suggestions and recommendations based
on their considerations. It may also invite United Nations specialized agencies
to submit reports for consideration and may receive information from non
governmental organisations. Thus, the Committee acts as a monitoring system
to oversee the implementation of the Convention. The Committee shall report
annually to the General Assenmbly through the Economic and Social Council on its
activities and may make suggestions and general recommendations based on the
examination of reports and information received from the States Parties.
ACommittee on the Elimination of Discrimination Against Women was
established in 1981 when the Convention entered into force. It is composed of 23
independent experts. The Committee meets only for two weeks a year, which is
clearly inadequate. The States Parties are required to report periodically to the
Committee on the legislative, judicial, administrative or other measures which
the
they have adopted to give effect to the provisions of the Convention. Thus,
Convention is implemented by means of State's Parties report. The Committee
submits its annual report to the General Assembly, through the Economic
and Social Council, on its åctivities and may make suggestions and general
recommendations based on the examination of reports and information received
from the States Parties.
Optional Protocol to the Convention on Women,-The Convention did
not provide for individual complaint system. In order to fulfil this deficiency
the General Assembly on October 7, 1999 adopted the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination Against Women
which would enable victims of sex discrimination, sexual exploitation and other
abuses to the Committee on the Elimination of Discrimination Against Women
against States Parties to the Protocol. Thus, the Protocol would allow to by
pass governments to have the Committee to investigate their grievances. As of
September 17, 2020, the Protocol has 114 States Parties.
The Protocol provided under Article 2 that a communication may be made to
the Committee either by individuals or group of individuals in writing and may not
be anonymous. Before the complaint is considered, the Committee must determine
that all available domestic remedies have been exhausted and the complaint has
not been examined neither by the Committee nor it has been or is being examined
under another procedure of international investigation or settlement. Further, a
Complaint is admitted only if it is compatible with the provisions of the Convention.
When the communication has been admited, the Committee may contact the State
Party with an urgent request that the State Party take steps to protect the alleged
victims from irreparable harm. The State Party is given six months time to proviae
a written explanation or statement to the complaint.
1. Article 18.
 Vulnerable Groups and Human Rights
The Committee's views and 881
concerned. The State Party is
Committee,and to provide a givern sixr
written
ecommendat
monthsio ns
time
are
to transmitted the Parties
consider the
to
The Protocol also provided the; response, inchuding remedial stepsviews of the
toinitiatea confidential inquiry
by one procedure
taken.
invest
receivedreliable information ofigation
grave or
or more ofthat allows the
its members Commi
when it t ee
rightsenshrined in the
Convention. systematic
StatePartyifisorequired with the
The
Committee violations by a State Partyhasof
may visit the
recommendations of the
[Link]
consent
of the State Party. territory of the
or the
six month s period,
Findings,
State Party may betransmittedto to the State [Link]
detailsof,any remedial effortstaken invited provide the Afterthe the
Recognition of the following an enquiry. Committee
Competence of the Committee to
an enquiry is optional and may be initiate and conduct
refused by the States Parties
ratification ofthe Protocol by making a at the time of
be withdrawn at a declaration.
later time. The Protocol However, the
would enable victims ofdeclaration may
and other. abuses of right tto communicate the Committee. discrimination
Conferences on Women
Lo addition to the above
Conventions three Conferences held during the
..M enonsored International Women's Decade
(1976-1985)-Mexico City, (1975):
Copenhagan, (1980), and Nairobi, (1985) and the Fourth World Conference on
Women held in Beijing in 1995, have greatly enhanced international awareness of
the concerns of women and provided the groundwork for invaluable links between
the national women's movements and the international community. In the Nairobi
Conference, Forward Looking Strategies for Women to the year 2000 was produced
but that could not be implemented adequately in many areas though there were
clear signs of progress in the areas of education, health and access to employments.
Beijing Conference (1995)
The Fourth World Conference on Women, held in 1995 (4-15 September,
"Women's rights
1995) in Beijing, commonly called Beijing Conference stated that women's human
are human rights', The Conference called for the integration of
the United Nations. It
rights in the work of the different human rights bodies of life as human
considered issues of violence against women in public and private
eradication any conflicts
of
rights issues. The Conferernce also called for the of certain
womern and the harmful effects
which may arise between the rights of
and religious extremism.
traditional or customary practices, cultural prejudices
Programme of Action was prepared for consideration in Beijing
A draft of concern regarding women which
Conterence which identified 12critical areas opportunities; inequality in health
poverty; educational
Were :increasing burden,women: conflict on
effects of armed or other kinds of
Status; violence against and participation in economic structures
women's access to
WOmen, inequality in sharing of power and
inequality between men and women in the the
poncies;
levels:insufficient mechanisms at all levels to promote
insufficient
decision making at all awareness of women's human
rights;
advancement of Women; lack of
possible contribution tosociety:
women's
mobilization of mass media to promote women's contributionin managing
recognition and support for
lack adequate
of
882
International Law and Human Rights

environment and girlchild.

natural resources and safeguarding the
convened a Special Session on
The United Nations General Assembly in 2000 to
Women in 2000: Gender Equality,Development and Peace for the 21st CenturyThe
since the Beijing Conference in 1995.
assess the progress on Women's issues
5 renewed the Beijing Declaration and
Special Session, also known as Beijing +Conference
Platform for Action adopted at the Beijing on Women in 1995. Delegates
agreed that, while progress had been made towards the full implementation of
Further, actions and initiative
the goals set out in Beijing, barriers still remained. Action was adapted by the
to implement Beijing Declaration and Platform for
Conference.
All Forms of
These conferences and the Convention on Elimination of in view of
Discrimination Against Women could not achieve the desired effectworldwide.
violated
the fact that women's human rights are still disregarded and
in different ways and to varying degrees mainly because inequalities between
cannot change
men and women have roots in societal norms and values. They
CEDAW
overnight as a result of international agreemernts or even by legislation.
Convention
Committee in 2004 stated that even 25 years after the adoption of the
on the Elimination of All Forms of Discrimination Against Women, no country in
the world has achieved totl equality between the sexes both ininlaw and in practice.
The Committee also statedthat discriminatory laws remain 178 States that are
parties to the Convention. In other countries, the laws might promote equality but
informal discrimination remains.

At the Beijing + 10, the Corhmission on the Status of Women in 2005 viewed
known as
the [Link] on the Women's Human Rights Agreement, better including
the Beijing Platform for action. The Conference focussed on 12 areas,
poverty, environment, economy, education, human rights, power and decision
making,and the-girl child: According to the Secretary-General's report, many
countries have made progress by introducing new laws and through legai reforms
to reduce discrimination and violence against women. The report also stated that
the Governments have established several institutional mechanisms to advance
gender equality. In all regions, improvements have been made in education,
poverty reduction, woman's health and participation in public life. The setting
upof the CEDAW was highlighted as a major step for the promotion of women's
rights. But according to June Zeitlin, Executive Director, Women's Environment
and Development Organisation (WED0) realities are different. The WEDO report
on the status of women in 150 countries concuded that manywomen acrOSs the
World are worse off today than they were 10 years ago, and accuses governments
of failing to keep their pledge to achieve equality of the sexes.
The effective implementation of the goals and objectives of the Beijing
Declaration and Platform for Action and the outcome of the twenty-thirdSpecial
Session of the General Assembly was reiterated by the 2005 World Summit
Outcome. The Summit resolved to promote gender equality and eliminate
pursuasive gender discrimination by (a) eliminating gender inequalities
in primary and secondary education by the earliest possible date and at all
educational levels by 2015; (b) guaranteeing the free and equal right of women
to own ard inherit property and ensuring secure tenure of property and housirng
by women; (c) ensuring equal access to reproductive health; (d) promoting
 Vulnerable Groups and Human Rights
883
omen's equal access to labour markets,
Lour
labour protection; (e) ensuring equal acce[s sustainable
of employment and adequate
rosOurces, including all forms of women to productive assests and
Girl child; and(f) discrimination and violence to women and the
promoting increased representation of women in
decision making bodies including through ensuring their
government
participate fully in the political process. equal opportunity to
(2) CHILD