INTRODUCTION
Human Rights are considered to be certain minimal and inalienable rights available to all humans by their human dignity irrespective of their caste, creed, sex, religion, and nationality.[1] If one assesses the various documents of the world, like the UN Charter, UDHR, ICCPR, ICESCR, and constitutions of the states, there will be irrefutably some parts dedicated to the protection of women. These archives have significantly tried to improve the conditions of women. There are several commissions, and provisions advocating such rights but in most of the cases at the grassroots level, they are nowhere to be found.
Women’s rights continue to be a matter of grave concern Women’s Objectification is paradigmatic. While taking a walk-through history, one can say that women have come a long way from sati to widow remarriage. It might appear that everything has changed but deep down something is still similar. A woman still has to be a sacrificial figure. Everyone talks about the increased number of working women, but no one is willing to help her when she returns home. When I came across Article 24 of UDHR[2] ( Right to rest and leisure), I wondered if women would have been entitled to this right, if it was not just a declaration. She works continuously without any complaints, but in the end, she still has to endure. She still has to hide her menstrual suffering and in countries like Afghanistan, she is not even considered to be a ‘HUMAN’. The harsh traditional practices and heinous crimes like sati, early marriages, the purdah system, female infanticide and foeticide, sex determination, rapes, etc., are claimed to be reduced. Many Aprajitas throughout the globe are still fighting for justice and a 9-year-old girl in Iraq wants to know the meaning of ‘Marriage’.
SOME INTERNATIONAL ORGANISATIONS FOR THE RIGHTS OF WOMEN
- UNCSWC [ UNITED NATIONS COMMISSION ON THE STATUS OF WOMEN]
Article 68 of the UN Charter says, “The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, as may be required for the performance of its functions.”[3] The Commission on the Status of Women is one of the subsidiary bodies established on June 21, 1946. Its main objectives include the promotion of women’s rights, addressing violations, supporting progressive policies, and assisting the victims. Every year a session is held with relevant dignitaries and a report is also submitted. Each year a theme is set up for the improvement of women. Some of the agreed Conclusions of the 66th Session are:
- The Commission reiterates that the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women the Convention on the Rights of the Child, and the Optional Protocols thereto, as well as other relevant conventions and treaties, such as the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of Persons with Disabilities, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provide an international legal framework and a comprehensive set of measures for realizing gender equality and the empowerment of all women and girls and the full and equal enjoyment of all human rights and fundamental freedoms by all women and girls, throughout their life course.[4]
- The Commission calls upon the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) to continue to play a central role in promoting gender equality and the empowerment of all women and girls and in supporting Governments and national gender equality mechanisms, upon their request, in coordinating the United Nations system and in mobilizing civil society, the private sector, employers’ organizations and trade unions, and other relevant stakeholders, at all levels, in support of the full, effective and accelerated implementation of the Beijing Declaration and Platform for Action and the gender-responsive implementation of the 2030 Agenda for Sustainable Development towards achieving gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction policies and programmes.[5]
India being a member of the commission, has advocated such resolutions and launched schemes like Beti Bachao, Beti Padhao, National Policy for Women and Pradhan Mantri Matru Vandana Yojana, etc.,
- CEDAW [ CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN]
CEDAW came into force in September 1981. There are six parts of the convention that require state parties to condemn all forms of discrimination and take necessary measures for the extensive overall development of women. The different articles laid down provide equal opportunities and the same conditions for careers, vocational guidance, general, technical, professional, higher technical education, sports and physical education. It also ensures the right to reproductive health and family planning. It sets out marriage rights which include equal responsibilities and rights.[6]
There are 189 state parties to this convention. Ironically, Afghanistan is also a state party. The past and latest issued guidelines by the Taliban question its existence in CEDAW. Innumerable restrictions make the women of Afghanistan a mere entity. How can one identify those helpless women as ‘Humans’ when they have no right over their own lives? Taliban has recently restricted the special rapporteur, ‘Richard Bennet’ from entering Afghanistan and making reports. CEDAW has expressed grave concern over these violations but as of now, nothing has improved the conditions of women there. Australia, Canada, Germany and the Netherlands have formally filed a case in ICJ against the conditions of women in Afghanistan. This has been supported by 22 other states. Although, there are concerns if it will formally recognize the regime of the Taliban.[7]
SOME REPORTS ON THE CONDITION OF WOMEN
- A report submitted by ACHR in 2016 says, that 1.5 million female abortions take place each year[8]
- According to a report by ILO (2020) on unequal pay, men earn 23% more salary than women[9]
- According to a report by NFHS from 2019 to 2020 days, 1 in every 3 Indian Women has been subjected to spousal violence[10]
- A report by Times Use Survey, 2019 stated that on average women work unpaid for 4.5 hours per day and men for 1.3 hours.[11] The amount of her work can be calculated by the fact that the work done by housewives is excluded from the national income as it cannot be measured in numbers
- A report says that more than 230 million girls and women have been a victim of genital mutilation[12]
There are many communications like Talpis Vs State of Italy (2017)[13], Diene Kaba Vs Canada (2008)[14], and The Mauritian Women Case (1978)[15] which clearly show the discriminatory approaches of their respective states. Talpis, a lady who was subjected to brutal domestic violence tried hard to seek justice from the state court until her son was killed by her husband. Then, she approached ECHR and justice prevailed, but will it bring back her lost son? Diene Kaba, a 14-year-old girl escaped the State of Guinea but there are still many girls who are victims of female genital mutilation. The Mauritian Women who were denied their property rights are an example of how one should stand up for their rights. The Beijing Conference (1995) stated that ‘Women’s rights are human rights ’[16] and they are indeed human rights.
CONCLUSION
Despite many efforts, made at the National and International level to improve the condition of women, there is still a gap. There are many heinous crimes against women that go unreported. To overcome this, at first, there is a need to break the psychological barrier in her life. Some small actions can lead to a big difference in society. There was a time when women were denied their voting rights and not allowed to hold administrative positions. Women in Law was hard to imagine and Ms. Hazra was denied of her enrollment. Today, women are given equal opportunities but they are also sacked on a discriminatory basis like the ‘Women Judges’ of India. If nothing, at least she deserves the respect that she craves. Doesn’t she deserve humane treatment? Doesn’t she deserve to move freely without the fear of being harassed and judged? Guru Nanak Dev Ji said, “From woman, man is born;
within a woman, a man is conceived; to the woman he is engaged and married.
Woman becomes his friend; through woman, the future generations come. When his woman dies, he seeks another woman; to the woman, he is bound. So why call her bad? From her, kings are born.
From woman, woman is born; without woman, there would be no one at all.”[17]
Author(s) Name: Jaspreet Kour Bali (Law School, University of Kashmir)
References
[1]Dr. H.O AGARWAL, INTERNATIONAL LAW AND HUMAN RIGHTS [TWENTY-THIRD EDITION, CENTRAL LAW PUBLICATIONS] 783
[2] Universal Declaration of Human Rights, art 24
[3] United Nations, ‘Repertory Practice of United Nations Organs: Article 68 < https://legal.un.org/repertory/art68.shtml> accessed 5 January 2025
[4] United Nations Commission on the Status of Women, ‘Agreed Conclusions on Achieving Gender Equality and the Empowerment of All Women and Girls in the Context of Climate Change, Environmental and Disaster Risk Reduction Policies and Programmes (66th session, UN Doc E/CN.6/2022/L.7, 25 March 2022).
[5] United Nations Commission on the Status of Women, ‘Agreed Conclusions on Achieving Gender Equality and the Empowerment of All Women and Girls in the Context of Climate Change, Environmental and Disaster Risk Reduction Policies and Programmes (66th session, UN Doc E/CN.6/2022/L.7, 25 March 2022).
[6] Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13
[7] International Bar Association, ‘Afghanistan: ICJ’ <https://www.ibanet.org/afghanistan-icj> accessed 5 Jan 2025
[8] Asian Centre for Human Rights, Female Infanticide in India (2016) 12-15
[9] International Labour Organization, Global Wage Report 2018/19: What Lies Behind Gender Pay Gaps (2019) ISBN 9789220324258
[10] ‘Times of India, ‘Nearly 1 in 3 women have suffered spousal sexual, physical violence: Family Health Survey’ (30 November 2022) < https://timesofindia.indiatimes.com/india/nearly-1-in-3-women-have-suffered-spousal-sexual-physical-violence-family-health-survey/amp_articleshow/91491367.cms#amp_tf=From%20%251%24s&aoh=17360759850766&csi=1&referrer=https%3A%2F%2Fwww.google.com> accessed 5 January 2025
[11] National Statistical Office, ‘Time Use Survey 2019’ (Ministry of Statistics and Programme Implementation, Government of India, 2020)
[12] World Health Organization, ‘Female Genital Mutilation’ (WHO, February 2022) < https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation> accessed 5 January 2025
[13] Talpis v Italy (Application no 41237/14) [2017] ECHR 63
[14] Diène Kaba v Canada (Minister of Citizenship and Immigration) [2017] 2 FCR 3
[15] Diène Kaba v Canada (Minister of Citizenship and Immigration) [2017] 2 FCR 3
[16] Hillary Clinton, ‘Remarks to the Fourth World Conference on Women’ (1995) 5 US Department of State Dispatch 636
[17] Guru Granth Sahib, Adi Granth, Raag Aasaa, Page 7 (translated by Sant Singh Khalsa)
