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International Protection of The HR Cheridou Sophia
International Protection of The HR Cheridou Sophia
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CHAPTER 1. UN MECHANISMS
FOR PROTECTING WOMEN’S
HUMAN RIGHTS
1.1. Charter of the United Nations
To begin with, the Preamble to the Charter of the United Nations, the
founding document of the United Nations which was signed in 1945, sets
as one of the Organization's central goals the reaffirmation of "faith in
fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women". Admittedly, UN’s
support for the rights of women genuinely began with the Charter, the
first international instrument to refer specifically to human rights and to
the equal rights of men and women. By the terms of it, all members of
the United Nations are legally bound to strive towards the full realization
of all human rights and fundamental freedoms, as it is declared in its 1st
Article that among the Organization’s purposes is “To achieve
international co-operation … in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction
as to race, sex, language, or religion.”.
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problems in the implementation of the Beijing Declaration and Platform
for Action, and in mainstreaming a gender perspective in UN activities.
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eliminate discrimination against women and achieve gender equality.
Within this framework, the Convention on the Elimination of All Forms
of Discrimination against Women (hereinafter CEDAW) was adopted in
1979 by the General Assembly and entered into force as an international
treaty in 1981. By the tenth anniversary of the Convention in 1989,
almost one hundred nations had agreed to be bound by its provisions
and thus far it has been ratified by 189 States, making it the second most
widely ratified fundamental human rights treaty. Indisputably, the
Convention was the culmination of more than thirty years of work by the
CSW and it is often described as the International Bill of Rights for
Women.
In its preamble, the CEDAW explicitly acknowledges that "extensive
discrimination against women continues to exist", and emphasizes that
such discrimination "violates the principles of equality of rights and
respect for human dignity". In its 30 articles, it defines discrimination
against women 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.
In detail;
In article 1, discrimination is understood as "any distinction,
exclusion or restriction made on the basis of sex, in the political,
economic, social, cultural, civil or any other field".
While,
In article 3, positive affirmation is given to the principle of equality
as States parties are required to take "all appropriate measures,
including legislation, to ensure the full development and
advancement of women, for the purpose of guaranteeing them
the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men".
The CEDAW sets up an agenda for national action to guarantee the
enjoyment of those rights and thereby end such discrimination. The
agenda for equality is specified in fourteen subsequent articles. In its
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approach, the Convention covers three dimensions of the situation of
women; civil rights and the legal status of women are dealt with in great
detail.
More thoroughly;
In article 7, it is restated that women are guaranteed the rights to
vote, to hold public office and to exercise public functions,
While,
In article 8, equal rights for women to represent their countries at
the international level are ensured.
Under article 9, the Convention on the Nationality of Married
Women is integrated, providing for the statehood of women,
irrespective of their marital status. It is therefore ascertained by
the CEDAW that often women's legal status has been linked to
marriage, making them dependent on their husband's nationality
rather than individuals in their own right.
Articles 10, 11 and 13, respectively, affirm women's rights to non-
discrimination in education, employment and economic and social
activities.
Under article 14, these demands are given special emphasis with
regard to the situation of rural women, whose particular struggles
and vital economic contributions warrant more attention in policy
planning.
In article 15 the full equality of women in civil and business
matters is asserted, demanding that all instruments directed at
restricting women's legal capacity ''shall be deemed null and
void".
In article 16, the Convention returns to the issue of marriage and
family relations, affirming the equal rights and obligations of
women and men with regard to the choice of spouse, parenthood,
personal rights and command over property.
What is truly remarkable of this Convention is that, unlike other treaties,
it devotes major attention to a most vital concern of women; their
reproductive rights. It is actually the first human rights treaty to affirm
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their reproductive rights. The preamble sets the tone by stating that
"the role of women in procreation should not be a basis for
discrimination". This link between discrimination and women's
reproductive role is a matter of recurrent concern in the Convention.
For example,
Article 5 advocates ''a proper understanding of maternity as a
social function", demanding fully shared responsibility for child-
rearing by both women and men
At the same time, society's obligation extends to offering social services,
especially child-care facilities that allow individuals to combine family
responsibilities with work and participation in public life.
In article 4, special measures for maternity protection are
recommended and it is stated that they "shall not be considered
discriminatory".
The CEDAW also affirms women's right to reproductive choice. Notably,
it is the only human rights treaty to mention family planning. States
parties are obliged to include advice on family planning in the education
process and to develop family codes that guarantee women's rights.
Article 16 pleads women’s right "to decide freely and responsibly
on the number and spacing of their children and to have access to
the information, education and means to enable them to exercise
these rights".
Besides the aforementioned, the CEDAW additionally targets cultural
factors and tradition as influential forces shaping gender roles and family
relations. The third general thrust of the Convention openly recognizes
the influence of culture and tradition on restricting women's enjoyment
of their fundamental rights, appearing in stereotypes, customs and
norms, themselves giving rise to the multitude of legal, political and
economic constraints on the advancement of women. Noting this
interrelationship, the preamble of the Convention stresses "that a
change in the traditional role of men as well as the role of women in
society and in the family is needed to achieve full equality of men and
women".
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According to article 5, States parties are therefore obliged to work
towards the modification of social and cultural patterns of
individual conduct in order to eliminate "prejudices and
customary and all other practices which are based on the idea of
the inferiority or the superiority of either of the sexes or on
stereotyped roles for men and women"
While,
Article 1O mandates the revision of textbooks, school programs
and teaching methods in an attempt to eliminating stereotyped
concepts in the field of education.
Finally, cultural patterns that reinforce gender stereotypes by defining
public issues as a man's job and at the same time, domestic and child
care responsibilities as a women's role in society, are strongly targeted
in all of the Convention's provisions that affirm the equal responsibilities
of both genders in family life and their equal rights with regard to
education and employment.
Undoubtedly, CEDAW has proven to be resilient and relevant to the fight
to end discrimination against women, including violence, poverty, and
lack of legal protections, along with the denial of inheritance, property
rights, and access to credit. On top of that, international and regional
human rights mechanisms have relied on this important instrument to
develop jurisprudence on new forms of disparities and violence that
have emerged long after CEDAW was created, such as digital forms of
violence against women and girls.
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made in those countries that are the States parties to the Convention.
At least every four years, the States parties, put simply the countries
that have ratified or acceded to the treaty, are expected to submit a
national report to the Committee on how the rights of the Convention
are being implemented. More specifically, the reports should indicate
the measures the countries have adopted to give effect to the provisions
of the Convention and thus improve the situation of women. During its
annual public session, the Committee members review each State
party’s report, discuss these reports with the Government
representatives and explore with them areas for further action by the
specific country. The Committee also makes general recommendations,
in the form of concluding observations, to the States parties on matters
concerning the elimination of discrimination against women. This
procedure of actual dialogue, developed by the Committee, has proven
valuable because it allows for an exchange of views and a clearer
analysis of anti-discrimination policies in the various countries.
Nonetheless, having read all these, someone may ask themselves if this
regular reporting procedure is an adequate means of protection in the
event of a women’s rights violation. The truth is that, the ability of
individuals to complain about the violation of their rights in an
international arena is what brings real meaning to the rights contained
in the human rights treaties. In other words, it is thanks to individual
complaints that human rights are given concrete meaning. Through the
application of international norms and standards contained in
international human rights treaties for the purpose of the adjudication
of individual cases, concepts that may otherwise seem general and
abstract are put into practical effect. When applied to a real-life
situation, treaties find their most direct application.
Indeed, one of the three main procedures for bringing complaints of
violations of the provisions of the human rights treaties before the
human rights treaty bodies is the individual communications. But first
things first; to understand what treaty bodies are; each one of the nine
core international human rights treaties, including the Convention on
the Elimination of Discrimination against Women, has established a
treaty body, or else a Committee of experts just like the Committee on
the Elimination of Discrimination against Women, to monitor the
compliance of States Parties with the treaty. Treaty bodies may, under
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certain conditions, consider individual complaints from individuals. In
particular, a complaint can be brought only against a State that satisfies
two conditions; firstly, it must be a party to the treaty in question and
secondly, the State party must have recognized the competence of the
relevant monitoring Committee to receive and consider complaints from
individuals. The Committees’ decisions represent an authoritative
interpretation of the treaty concerned and they contain
recommendations to the State party. As a consequence, when the
Committee concludes that a violation of the treaty has taken place, the
State is invited to provide information, within 180 days, on the steps it
has taken to implement the recommendations. The State’s response is
then transmitted to the complainant for comments. If the State party
fails to take appropriate action, the case is kept under consideration by
the Committee. A dialogue is thus pursued with the State party and the
case remains open until satisfactory measures are taken.
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face double discrimination on account on their gender end economic
situation and also due to the fact that access to land and productive
resources is limited, while sexual violence against them is typically used
as a war tactic. Furthermore, the Platform stresses the lack of women’s
leadership and participation when it comes to political and economic
decision making, likewise in environmental planning and management;
they are under-represented as voters, in parliaments and in the labor
market as well, especially in highly skilled jobs, STEM industries and
senior management. Uniquely, the BPFA was the first global policy
document on women to include a specific focus on the girl child,
meaning that specific forms of violence and harmful practices, including
female genital mutilation and cutting, breast ironing and child marriage,
disproportionally affect young girls in particular, which is why it called
for specific protection for their rights.
As mentioned above, progress on implementation of the Platform is
reviewed by the CSW every five years. Up to now, five reviews have
been conducted; in 2000, 2005, 2010, 2015 and 2020, with each review
resulting in an outcome document in which countries pledge to continue
their efforts towards achieving gender equality.
Altogether, evaluating the Platform’s importance brought us to the
following realization; the BPFA was a turning point in the world’s
understanding of women’s and girls’ rights and ushered in a new
mindset that acknowledging the full potential of women and girls is a
powerful and essential component of successful and sustainable
development. It was the first global policy framework to confirm that
putting a gender lens to every policy and program is a key strategy that
governments and other actors should apply and in fact it gave the
human rights of women unprecedented attention and visibility.
1.8. UN Women
Last but not least, completing the overview of the UN’s mechanisms for
promoting women’s rights, it is essential to mention The United Nations
Entity for Gender Equality and the Empowerment of Women, or simply
UN Women. In particular, in 2010, the United Nations General Assembly
unanimously voted to create a single UN body tasked with accelerating
progress in achieving gender equality and women’s empowerment. UN
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Women main roles are to support inter-governmental bodies, like the
Commission on the Status of Women, and all aspects of their work, such
as but not limited to their formulation of policies, global standards and
norms, as well as to facilitate the participation of civil society
representatives and the forging of effective partnerships with them.
Additionally, UN Women assists Member States to implement these
standards, standing ready to provide suitable technical and financial help
to those countries that request it, while at the same time holds the UN
system accountable for its own commitments on gender equality,
including regular monitoring of system-wide progress.
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CHAPTER 2. CRITIQUES &
RECOMMENDATIONS
2.1. Critique on the work of the UN
Taking into consideration all the aforementioned, we conclude
undeniably that the United Nations has made, over many decades,
significant progress in meeting women’s needs worldwide and
empowering them, in advancing gender equality globally and eliminating
discrimination and violence against them; all these through effective
mechanisms, historic agreements, international standards and norms of
great impact, to name but a few. Nonetheless, it is certainly true that
the UN system shows major weaknesses as well, leading to an intense
and continuous criticism towards it, regarding its efforts on the
promotion and protection of women’s human rights.
Markedly, the UN remains a mainly Northern and male dominated and
directed institution reinforcing patriarchal structures. That being the
case, gross inequalities are observed throughout its agencies and across
all levels of leadership while institutional recruitment, hiring and
promotional practices do not represent equally people of all genders,
ethnicities, sexual identities, class etc. Despite urging by various bodies
within the U.N. and Non-Governmental Organizations to increase the
number of women in decision making positions within the U.N., women
continue to be hugely underrepresented. By all means, the UN has failed
to eliminate male bias from which international human rights law, the
language and content of human rights treaties and the UN itself operate
and therefore to incorporate the female perspective into its machinery
at a fundamental level. A clear example of this may be the use of only
male pronouns in major UN treaties.
Similarly, it is indeed ironic that the UN, which is considered
instrumental in setting norms in the area of gender equality, has
repeatedly been accused of egregious acts of sexual abuse and
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exploitation committed by members of the UN staff themselves, coupled
with allegations of mishandling of sexual harassment claims within the
organization. For instance, there has been public outcry about the abuse
of women and girls by the UN personnel in host countries, in all forms of
violence and sexual harassment, which is met with impunity. As a
consequence, there is little trust shown towards the current internal
justice systems of the UN from the victims of sexual offenses committed
by the UN staff, as the procedure moves very slowly, favors
perpetrators, and is fully controlled by the UN, which constitutes a
conflict of interest.
Equally important, the lack of resources and consistent underfunding of
the UN Women since its establishment in 2010, poses serious obstacles
to its efforts and underscores the unequal terrain on which UN Women
must engage with other agencies, and hence must be immediately
addressed. Notably, UN Women never received the full one billion
dollars budget that activists initially campaigned for.
Furthermore, concerning particularly the UDHR, the universality of the
document has been a very controversial issue. It is argued that the UDHR
is a Western-biased document that ignores and undermines the cultural
norms, values and differences existing between societies in different
parts of the world and constitutes an attempt to impose Western values
to everybody else.
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