Mariia Redchyts

Faculdade de Direito – Universidade de Lisboa

English course “Public International Law”

Title of the paper:

Gender Equality and Women’s Rights in International Law

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Table of Contents
Introduction............................................................................................................................3
Women’s Suffrage Movement.................................................................................................3
Universal Declaration of Human Rights.................................................................................6
CEDAW and Pakistan.............................................................................................................8
Conclusion............................................................................................................................12
References............................................................................................................................13

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Introduction

Gender equality and women's rights in international law is an important topic because not so
long ago women received legal protection; be able to vote and be considered a separate person in
legal terms. In this essay, I will endeavor to examine the progression of women's rights within
international legal frameworks. Gender inequality comes to us from ancient history, where a
woman's role was to be a good wife and mother. For many centuries, single voices were heard
calling on society to rethink the role of women and grant her basic rights. Certainly, it wasn't
consistently successful since the prevailing patriarchal norms ingrained in society shaped the
perspectives of renowned philosophers and legal scholars. Consequently, they, in turn, molded
public opinion through their writings. Reviewing all historical events, starting in the 19th
century, movements for women's rights began to scale, and the situation began to change.

Women’s Suffrage Movement

The suffragette movement was a very important starting point of the social and political
campaign that fought for women's rights. Women’s used art, debate, propaganda, and attack on
property including window smashing and arson to fight for female suffrage.1 Hundreds of
thousands of women petitioned, canvassed, lobbied, demonstrated, engaged in mass civil
disobedience, went to jail, and engaged in hunger strikes in a seventy-five-year ongoing political
and social struggle for the right to vote.2 We will examine key aspects of the suffragette movement
in the United States and Great Britain. The suffrage movement in the United States began in 1848
with the Seneca Falls Convention. The congress was organized by famous suffragists such as

1
Who were the Suffragettes? (2023, May 11). Museum of London.
2
Winslow, Sisters of Suffrage: British and American Women Fight for the Vote
3
Elizabeth Cady Stanton and Lucretia Mott. In July 1848 they issued a call for a convention to
discuss the issue of women’s rights; this convention met in Stanton’s hometown, Seneca Falls,
New York, on July 19–20, 1848, and issued a declaration that called for woman suffrage and for
the right of women to educational and employment opportunities. 3 The Declaration of
Sentiments was modeled after the Declaration of Independence and played a very important role
in the women's movement. ‘We hold these truths to be self-evident: that all men and women are
created equal’, begins the Declaration of Sentiments, which was read by Elizabeth Cady Stanton
at the Seneca Falls Convention in July 1848. 4 The convention passed 12 resolutions—11
unanimously—designed to gain certain rights and privileges that women of the era were denied. 5
One of the most important resolutions presented at the congress was resolution number nine on
giving women the right to vote. Although women did not gain the right to vote at the time, it
became the starting point for an organized women's movement that influenced later debates. This
shows that a small group of people, armed with a persuasive analysis of grievances and an
argument based on generally held moral and religious beliefs, can, if they are willing and able to
work hard at organizing, create a transformative mass movement.6 Thereafter the next major
milestone was the 19th Amendment to the United States Constitution, ratified on August 18,
1920, which gave women the right to vote. The amendment read as follows:"The right of citizens
of the United States to vote shall not be denied or abridged by the United States or by any State
on account of sex.” It should be noted, however, that in practice poor women and women of
colour continued to be denied the right to vote in several states well into the 20th century. 7

When discussing the suffragist movement in Great Britain, it's essential to highlight Mary
Wollstonecraft, whose philosophical groundwork significantly influenced the fight for women's
rights. Mary Wollstonecraft initially promoted women's suffrage in Great Britain through her
1792 book, A Vindication of the Rights of Woman, one of the foundational texts of modern
3
Britannica, The Editors of Encyclopaedia, Seneca Falls Convention, 2023.
4
Callahan, What Did the Seneca Falls Convention Accomplish, 2022.
5
Britannica, The Editors of Encyclopaedia, Seneca Falls Convention, 2023.
6
Lerner, The Meaning of Seneca Falls, 2009.
7
Britannica, The Editors of Encyclopaedia, Seneca Falls Convention, 2023.
4
feminism. She advocated for reason, individualism, the concept of natural rights, and the
equality of rights between men and women. Wollstonecraft criticizes the opinions prevalent in
society about the intellectual and rational superiority of men over women. She asserted the need
for equal education for boys and girls. A proper education would treat women as fully human—
the equals of men—and would equip them to be better wives, mothers, and citizens.8
Wollstonecraft blames the false system of education, which for a long time was imposed on
public opinion through books written by men: ‘One cause of this barren blooming I attribute to a
false system of education, gathered from the books written on this subject by men who,
considering females rather as women than human creature, have been more anxious to make
them alluring mistresses than affectionate wives and rational mothers; and the understanding of
the sex has been so bubbled by this specious homage, that the civilized woman of the present
century, with a few exceptions, are only anxious to inspire love, when they ought to cherish a
nobler ambition, and by their abilities and virtues exact respect.”9 The writer also added: “I
firmly believe, that all the writers who have written on the subject of female education and
manners from Rousseau to Dr Gregory,b have contributed to render women more artificial, weak
characters, than they would otherwise have been; and, consequently, more useless members of
society.”10 Viewing women's education as a fundamental factor, she believed that it played a
crucial role in advancing society as a whole.

The suffragette movement in Great Britain gained momentum in the 19th century, when women
en masse began to demand the right to vote. In 1903 a new organization was created: the
Women's Social and Political Union (WSPU), founded by Emmeline Pankhurst. But the WSPU
leaders, whose viewpoints chiefly represented by Christabel Pankhurst, decided to portray the
movement as a war in which women waged against men, seeing it as a way to arouse public
sympathy and therefore possibly more support11. As it turned out, the WSPU’s strategy, although

8
Sottosanti, A Vindication of the Rights of Woman, 2023.
9
Wollstonecraft, A Vindication of the Rights of Woman: with Strictures on Political and Moral
Subjects, 1792.
10
Wollstonecraft, A Vindication of the Rights of Woman: with Strictures on Political and Moral
Subjects, 1792.
11
Smith, Harold L., The British Women's Suffrage Campaign 1866-1928, 2007, p. 56.
5
successfully expanded its membership basis and financial resources, hindered the law reform for
women’s suffrage.12 Although we can see that the post-war success of the suffragette movement
in Great Britain was marked by the Representation of the People Act 1918, which partially gave
women the right to vote. Voting rights were extended exclusively to women aged 30 and above
who fulfilled property qualifications or were married to property owners. Thane ( in Vickery,
2001) argued that the partial extending of enfranchise to women in 1918 led to a series of legal
reforms that opened certain career options to women, that stimulated state-provided financial
assistance to widowed mothers and orphans, financial support to illegitimate children required
from the father, and improved healthcare for women and children, etc. In addition, Lawrence (in
Vickery, 2001) found British politics became less violent during the inter-war period, and related
this change to the introduction of women into the voting process. 13 The next important law,
through which women were able to vote from the age of 21 and received the same rights as men
in Great Britain, was The Equal Franchise Act of 1928. Representation of the People Act 1918
and the Equal Franchise Act 1928 were crucial legislative landmarks that expanded voting rights
and eliminated discriminatory practices against women’s.

Universal Declaration of Human Rights

In my opinion, one of the key factors that unquestionably altered society's perception and attitude
toward women is the impact of the World Wars. The necessity for women to assume men's roles
during wartime shifted societal perceptions of women's capabilities, gradually challenging, and
breaking down gender stereotypes. The need for workers to take over men's work in factories,
combined with the demand for munitions during World War One led to women entering the
workforce in large numbers.14 Taking a legal perspective into account, the Second World War
resulted in the establishment of international institutions like the United Nations. These
organizations propagated principles related to equality and human rights.

12
Smith, Harold L., The British Women's Suffrage Campaign 1866-1928, 2007, p. 56.
13
Yun, Shihui, How it began: the rise of the women's suffrage movement in Britain, 2011.
14
“How World War One Was a Watershed for Women’s Rights - BBC Teach.,” 2019.
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After the Second World War, on December 10, 1948, the Universal Declaration of Human
Rights was adopted by the UN General Assembly, in order to establish the dignity and equality
of rights of all people. UDHR includes 30 articles that describe various rights such as political,
civil, economic, social. This declaration is very important for several reasons:
- It was invented for all people regardless of race, gender, color, creed and nationality.
- While this declaration does not carry legal binding, it significantly shaped the evolution of
international human rights law and influenced subsequent legally significant treaties.
The general assembly proclaims this universal declaration of human rights as a common
standard of achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective recognition and observance, both among
the peoples of Member States themselves and among the peoples of territories under their
jurisdiction15. Article 1 of the UDHR states that “All human beings are born free and equal in
dignity and rights,” hence, any laws and practices that sustain gender inequality through
discrimination should be eliminated. In Article 3 “Everyone has the right to life, liberty and
security of person,” it is evident that every individual, without exception, possesses the
entitlement to life, safeguarded from arbitrary deprivation. The right to liberty encompasses
protection against unjust imprisonment, and the right to personal integrity ensures defense from
harm, violence, or threats. This article underscores the fundamental principle of upholding
human dignity and securing basic rights essential for existence. Article 21 “1) Everyone has the
right to take part in the government of his country, directly or through freely chosen
representatives.
2) Everyone has the right of equal access to public service in his country.
3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures,” a key component for
women's rights in the declaration, underscores the democratic principle of engaging all
communities in state-level management and decision-making. Article advocates for principles
crucial in establishing a political system that is fair and free from discrimination.

15
The Universal Declaration of Human Rights - Gender Matters - www.coe.int.
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CEDAW and Pakistan
The UDHR has played a crucial role in influencing global laws and policies related to women's
rights and gender equality. It has served as a foundation for various international human rights
treaties, including the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), adopted by the United Nations General Assembly in 1979. All parties to
CEDAW undertake to take legal measures such as the adoption of laws to eliminate
discrimination against women. The treaty sets out specific obligations in relation to fields such as
education, employment, exploitation of prostitution, nationality, political life, health,
participation in economic and cultural life, the situation of rural women, equality before the law,
marriage and family life, and the elimination of customary and traditional practices or
stereotypes that discriminate against women. 16Article 1 provides a definition of discrimination
against women, describing it 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.” The advancement of CEDAW was a recognition that the previous, broader human
rights treaties at the UN, including the International Covenant on Civil and Political Rights
(ICCPR), did not sufficiently advance global women’s rights.17 Footnote 4 Article 3 of the
ICCPR called for the “equal right of men and women to the enjoyment of all civil and political
rights set forth in the present Covenant” but did not extend the rights to the areas beyond civil
and political rights nor did it specify how to resolve deep-rooted societal discrimination against
women.18 Instead, CEDAW covers a wide spectrum and extends to political, cultural, social,
economic rights for women. Countries that have ratified CEDAW must regularly provide reports

16
Byrnes, Freeman, The Impact of the CEDAW Convention: Paths to Equality, 2012
17
Comstock, Signing CEDAW and Women’s Rights: Human Rights Treaty Signature and Legal
Mobilization, 2023.
18
Comstock, Signing CEDAW and Women’s Rights: Human Rights Treaty Signature and Legal
Mobilization, 2023.

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to the Committee on the Elimination of Discrimination Against Women. These reports outline
their actions in implementing the convention within their borders, addressing challenges
encountered, and showcasing advancements in fostering gender equality. CEDAW has been
ratified by 189 states.

Figure 1. CEDAW Ratification Status, by Country. Map created using mapchart.net and data
from Office of the United Nations High Commissioner for Human Rights Interactive Dashboard
on April 1st, 2021. https://indicators.ohchr.org/

Table 1 shows a map of the world by CEDAW ratification, highlighting the two states that have
signed but not ratified (the United States and Palau) and states that have taken no action
(Somalia, Sudan, Iran, Holy See, Tonga, and Niue).19

The issue of women's rights after the ratification of CEDAW was and remains controversial in
some countries of the Middle East, North Africa and South Asia. The reason for this is local
19
Ahlgren, Ratification, Reservations, and Review: Exploring the Role of the CEDAW Compliance
Mechanisms in Women’s Rights, 2021.

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conditions and laws, to which it is not always possible to adapt universal international standards.
I want to consider Pakistan, the fifth most populous nation globally, boasting a population
exceeding 240 million, among which 49.2 percent are female; 50.8 percent male. Pakistan
ratified the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) in 1996. However, despite its ratification, gender inequality in Pakistan has persisted
for a long time due to and is influenced by many different factors, including cultural and
traditional norms. Now the situation has not changed much. Gender inequality can be caused by
cultural factors: “many people of Pakistan still believe in the strength of male chauvinistic, that
men are the most powerful or superior human beings compared to women. This tendency can
occur and has taken root in the community because of the cultural influence or beliefs of local
indigenous people and religious understanding.”20 It is also important to pay attention to legal
factors: “the process of making law which ultimately affects a country's policy. That the law
resulted in discrimination against women because it’s only concerned with the needs and
interests of certain interest groups.” 21 According to the Global Gender Gap Index Report 2022,
Pakistan ranks 145/156 for economic participation and opportunity, 135/156 for educational
attainment, 143/156 for health and survival, and 95/156 for political empowerment. Furthermore,
Pakistan ranks 130/139 countries on the Rule of Law Index of the World Justice Project. 22 Equal
participation of women in all processes of the country is undoubtedly very important, because “if
there is a lack of women's participation, this will be one of roots of the socio- economic, cultural
and demographic problems that have been experienced by Pakistan until today”23 According to
the Global Gender Gap report 2022, Pakistan is the second-worst country in terms of gender
parity, ranking 145th out of 146 nations. 24 Statistically, Pakistani women have one of the lowest
levels of employment among Asian countries. At the global level, women currently represent
38.8 percent of the global labour force, and just 20 percent in Pakistan.25 Out of the only 13.5
million (20 percent) women taking part in Pakistan’s labour force, seven million women working

20
Pratiwi, Kajian Teori Gender, 2012.
21
Pratiwi, Kajian Teori Gender, 2012.
22
UN Women Pakistan | UN Women – Asia-Pacific, 2023.
23
Quresh, Pakistan Has Highest Gender Wage Gap in World, 2019.
24
Zahid, Gender Gaps in the Workforce of Pakistan – IIPS, 2023.
25
Womenomics: Women Powering the Economy of Pakistan, 2021.
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in agriculture fall under the category of contributing family workers and remain unrecognized
and unpaid. 26 Women comprise only 10% of non-agricultural workers in the formal private
sector.27 Additionally, the gender wage gap in the country is estimated to be 34%, much higher
than the global average of 23%.28 The problem of this situation is also the lack of education of
women. In Pakistan, 49% of women are literate, compared to 71% of men. 29 Only 46.5% of
women are literate, 61.6 % completed elementary school, 34.2 % completed high school, and 8.3
% completed tertiary education. 30 This fact greatly affects the country's economy, its well-being,
and its position on the international stage. Research conducted by the International Monetary
Fund (IMF) revealed that a rise in women's participation in the workforce can result in increased
economic growth, reduced income inequality, and enhanced social outcomes. For Pakistan,
boosting women's engagement in the workforce can contribute to poverty reduction, advance
gender equality, and foster economic growth. According to policymakers, to meet Pakistan’s
growth targets, the country’s female labour force participation rate must reach at least 45% of the
total labour force.31 Although Pakistan has ratified many important documents regarding
women's rights, such as: the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), the Beijing Declaration and Platform for Action, and the Sustainable
Development Goals (SDGs), the situation inside the country has not changed much since then. In
order for changes to occur, the government must take measures to eliminate gender inequality in
socio-economic sectors. Additionally, there should be advocacy and educational campaigns at
various levels to raise awareness about the significance of women's contributions to a nation's
development. Equal rights of women and men is a very important issue because it undoubtedly
affects the prosperity and well-being of the country. If the whole society participates in the
implementation of the country's interests through the political, social and economic sectors, the

26
Womenomics: Women Powering the Economy of Pakistan, 2021.
27
DAWN, Participation of women in workforce greatly constrained in Pakistan: study, 2022.
28
Zahid, Gender Gaps in the Workforce of Pakistan – IIPS, 2023.
29
Zahid, Gender Gaps in the Workforce of Pakistan – IIPS, 2023.
30
Kamal, Gender inequality in education A barrier to economic progress, 2022.
31
Zahid, Gender Gaps in the Workforce of Pakistan – IIPS, 2023.

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progress of the country and the improvement of its status in the international arena become more
likely.

Conclusion
The recognition and protection of gender equality and women's rights as essential human rights are affirmed
in international law. Key instruments like the Universal Declaration of Human Rights (UDHR), the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the
Convention on the Political Rights of Women serve as crucial frameworks globally. These documents help
countries define what discrimination is and how to fight it to make society better and more productive.
While advancements have been achieved in promoting women's rights worldwide, numerous women and
girls still encounter discrimination and violence. They are often deprived of equality, dignity, autonomy, and,
in some cases, even the right to life. The persistence of gender-based discrimination poses a widespread
challenge in various countries, hindering women's full engagement in political, economic, and social
spheres.

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London, M. O. (2023, May 11). Who were the Suffragettes? Museum of London.
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Callahan, Shannon (2022), “What Did the Seneca Falls Convention Accomplish? | History Hit.”
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Lerner, Gerda (2009), “The Meaning of Seneca Falls.” Living with History / Making Social
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Sottosanti, Karen (2023), A Vindication of the Rights of Woman. Encyclopedia Britannica,

https://www.britannica.com/topic/A-Vindication-of-the-Rights-of-Woman.

Wollstonecraft, Mary (1792), A Vindication of the Rights of Woman: with Strictures on Political
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13
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