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International Women's Rights Framework

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21 views4 pages

International Women's Rights Framework

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rasuncion8543
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© All Rights Reserved
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LESSON 1: INTERNATIONAL WOMEN’S RIGHTS

FRAMEWORK
United Nations and CEDAW

In the global setting, the foundation of the United Nations (UN) has paved the
way for the discussion of gender equality between men and women as one of the
fundamental rights that human beings should enjoy. As an international governing body,
UN has mandated its member states to avoid and prohibit actions that violate
human rights and also to undertake positive steps to ensure that such violence
will not take place through the identification of the rights of women and the
assigning of corresponding obligations of each national government to protect
and promote such rights.

The starting point for this movement was the Universal Declaration of Human
Rights adopted in 1948. In the drafting of the said declaration, there was a significant
discussion of the use of the term “all men” in treatises and legislations instead of a
more gender-neutral term. The adoption of the term “all human beings” and
“everyone” in all UN declarations was one of its achievements conforming to its
underlying principle of equal entitlements of human beings regardless of sex (UN 2014).
Although a universal declaration has been made and has marked a moral milestone on
many countries, it lacked the force of the law. Thus, it is important to manifest its
principles in treaties and conventions in order to establish legally binding documents
that will champion the rights of women.

Here is a timeline of the international conventions and legal documents that


followed the Universal Declaration of Human Rights:

 1948. After the adoption of Universal Declaration, the Commission of Human


Rights began drafting the International Bill of Human Rights, which is
composed of (1) International Covenant on Civil and Political Rights and the
(2) International Covenant on Economic, Social, and Cultural Rights
(Reinsberg 2014).

In some societies, women are forced to play their “natural” roles as child-
bearers, mothers, and wives to their husbands and are not given opportunities to
hone their potentials outside their homes. By ensuring their civil and political
rights, they are given fundamental freedoms that men also enjoy, such as the right
to vote, the right to liberty and security of person, and freedom from any form of
violence that some of their communities have already normalized. On the other
hand, by giving men and women economic, social, and cultural rights, they are all
entitled to the social services that their governments provide, such as the right to
adequate medical care, the right to work, the rights relating to marriage, maternity
and child protection, and the right to education.
 1979. The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) was adopted by the General Assembly after its long
process of legalization to emphasize that despite the International Bill of Human
Rights and other instruments, women still do not enjoy equal rights with men
(Samet et al. 2010). This is the current international framework that member
nations follow to provide the bare minimum of women’s rights.
As compared to the first instruments used by the international community,
CEDAW is exclusively concerned with promoting and protecting women’s
human rights as they continue to become victims of patriarchy. In our
discussion of patriarchy, you learned that its image in society is not limited to the
physical violence of male-dominated organizations against women. It can also be
found in the ideals that women follow in order for them to be called “women”, such
as standards of fashion, beauty, motherhood, and heterosexuality. This is
problematic because it does not give women opportunities to follow their own path
and be free from any form of gender-based violence. In a sense, the rights that are
given to women do not reflect their political, economic, cultural, and social
conditions and they continue to become victims of various forms of discrimination.

CEDAW defines discrimination as “… any distinction, exclusion or


restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field (UN 1979).” To address
problems faced by women, the Convention mandates its member nations to
improve the status of women through appropriate legislation prohibiting
discrimination and ensuring the legal protection of women’s rights. In
Module 3, you learned that governments have a strong influence in ending any
form of gender-based violence by institutionalizing and strengthening legal and
policy frameworks for the perpetrators and victims of GBV. In this case, when a
husband is proven guilty to be slapping, hitting or sexually harassing his wife, the
national government has the right to override the privacy of their home and create
measures that will hold accountable the husband and provide physical and
psychological support for the wife. Aside from addressing GBV, CEDAW also
pressures nations to re-structure their social arrangements so as to
accommodate more opportunities for women in healthcare, employment,
education, and income level since they also affect the condition and place of
women in society.

 1990s to 2000. The emergence of international women’s rights movement has


called on the UN to strengthen its human rights mechanism for the advancement
of women. Through a series of human rights conventions, a complaint procedure
was adopted for CEDAW.
The Optional Protocol has entered into force in 2000 as an individual
complaint system by which individual citizen or groups may submit complaints to
CEDAW (Reinsberg 2014). When the committee has received the complaint, the
mandate is to pressure the involved state to take charge and adopt provisional
measures to protect the victim of a human rights abuse from further harm. In a
sense, the binding agreement between the CEDAW Committee and member states
creates opportunities for states to provide more effective local remedies and to
eliminate discriminatory laws and practices (Samet et al. 2010).

 Early 2000s. Other human rights treaty bodies of the UN, aside from CEDAW, also
continued to address the human rights of women in their general comments and
concluding statements (UN 2014). This movement has opened the various
dimensions and situations of women in need of protection. Here are some
of the salient inclusions and revisions:

1. Committee on the Elimination of Racial Discrimination adopted general


comment XXV on gender-related dimensions of racial discrimination (2000). In the
past modules, particularly on Module 2, you learned that the oppression of women
does not solely depend on their gender as it can also be influenced and magnified
by their race, nationality, or religion. In this case, a black woman is more prone to
being discriminated in a Western male-dominated corporate system than a white
woman.

2. Committee on the Rights of the Child addressed the situation of the girl
child in several of its general comments (2005). In Module 3, you learned that
young girls are usually victims of violence rooted in tradition. For instance, Female
Genital Mutilation (FGM) is practiced in some countries to young girls between the
ages of four and twelve as a rite of passage for them in entering womanhood.
Although deeply embedded in their culture, FGM has called the attention of the
international community as it leaves young girls with no choice but to undergo
circumcision for social acceptance. Aside from the damage that it can cause to
their bodies, you learned that FGM is also a human rights issue since it denies
women to recognize and enjoy their fundamental rights and freedoms, such as
right to life, right to physical integrity, and right to health. Moreover, honor
violence and early marriage also contribute to this narrative as they expose young
girls to several complications.

3. The Convention on the Protection of the Rights of All Migrant Workers


and Members of Their Families and the Convention on the Rights of
Persons with Disabilities also recognized the multiple dimensions in analyzing
the condition of women by zooming in issues concerning employment and
disability.
The treatises and conventions that are made to champion women’s rights
can be characterized to be following the concept called “intersectionality”. From
an intersectionalist perspective, a woman’s risk of being a victim of
discrimination is magnified by other aspects of her identity, including
race, ethnicity, language, sexual orientation, gender identity, migrant
status and disability. While all women are experiencing the pressure of
patriarchal standards since it already considered as a global reality, women with
their diverse dimensions and affiliations are also simultaneously experiencing
structural problems, such as racism, heterosexism, and capitalism. In Module 4,
you learned that a black woman can be a victim of racism, a homosexual woman
might experience homophobic comments from the online world, and women from
developing nations can continue to become slaves of transnational corporations.
Thus, it is important for governments to recognize these sociocultural
situations of women to grasp a contextual understanding of the problem
in creating measures towards eliminating discrimination and sexist
stereotypes.

Common questions

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Intersectionality influences women's rights by recognizing that discrimination against women is not experienced uniformly, as it is affected by various intersecting factors such as race, ethnicity, and sexual orientation. International frameworks, like those following intersectionality, emphasize that a woman's risk of discrimination is compounded by these other aspects of her identity . This understanding guides international legal frameworks to create more inclusive measures that address the diverse experiences of discrimination .

CEDAW addresses limitations of earlier international human rights documents by explicitly focusing on women's rights, which previous documents like the Universal Declaration of Human Rights did not fully cover . While earlier frameworks acknowledged the equal entitlement of human beings, they didn't adequately address the specific societal structures and discrimination women face . CEDAW provides a binding framework that obligates member states to enact legislation to protect women from discrimination and grants them equal rights in all aspects of life .

Enforcing international women's rights treaties is challenged by cultural and systemic barriers that vary by region. Cultural traditions resistant to change, such as patriarchal norms and practices like FGM, hinder global enforcement consistency . Systemic barriers such as lack of education and legal infrastructure further complicate enforcement in developing countries compared to more developed nations. These factors necessitate tailored approaches that consider local contexts while maintaining international standards .

International conventions like CEDAW play a transformative role by legally challenging societal norms that confine women to traditional roles . By requiring legislation that ensures equal rights in education, employment, and family life, these conventions help redefine societal expectations . CEDAW, for instance, mandates the elimination of legal discrimination and promotes awareness around gender equality, gradually altering perceptions and roles assigned to women in society .

Since the 1948 Universal Declaration of Human Rights, the UN's approach to gender equality has evolved, initially lacking legal enforcement but eventually leading to more targeted frameworks like CEDAW . The shift from broad, non-binding declarations to precise, enforceable agreements like CEDAW highlights a more structured approach to address women's rights. Although these efforts have been significant in progressing gender equality, challenges remain due to regional and cultural barriers that affect the implementation of these rights .

The Optional Protocol of CEDAW empowers individuals by enabling them to submit complaints directly to the CEDAW Committee, which compels member states to take responsibility and provide remedies . By doing so, it establishes an individual complaint mechanism that enhances accountability at the national level, pressuring states to adopt legal measures to protect women's rights and address grievances effectively .

Since the adoption of CEDAW, the establishment of the Optional Protocol for individual complaints has been significant, allowing people to hold states accountable for violations directly . Additionally, various UN treaties have expanded the focus on intersectionality, addressing specific challenges faced by women due to race, disability, and marital status, thereby creating an inclusive global framework for women's rights .

Governments are crucial in implementing CEDAW mandates by enacting and upholding legislation that prohibits discrimination and provides legal protection against gender-based violence . This includes overriding household privacy to hold perpetrators accountable and offering victims necessary support such as physical and psychological aid . Governments must re-structure societal norms to improve women's healthcare, employment, and education opportunities, thus enhancing their societal standing .

Other UN treaty bodies contribute by contextualizing women's rights within broader human rights frameworks. For example, the Committee on the Elimination of Racial Discrimination addresses gender-related racial discrimination . The Committee on the Rights of the Child focuses on protecting the girl child from harmful traditions like FGM, acknowledging cultural contexts while advocating for fundamental rights . These bodies help integrate women's issues across multiple dimensions, reflecting a nuanced approach to human rights .

The understanding of patriarchy has shaped international women's rights frameworks by highlighting systemic societal norms that discriminate against women, necessitating targeted international policies like CEDAW . Recognizing that patriarchy manifests beyond physical violence to include cultural and social expectations, the frameworks aim to dismantle these norms by empowering women legally and socially to overcome historical and societal limitations .

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