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Swati Term Paper
Swati Term Paper
Feminist thought has been around for over a century now, bringing
to light the lives and struggles of women and gender minorities. The
Main purpose of this Term Paper is to understand and examine
whether Laws made for women effective? Are women fully
protected by law? Did Laws changed the social structure or rather
only set a code of conduct. Also, Domestic Violence, Feminism and
equal rights to women are the issues which are everyday discussed
worldwide, by now most of us understand what these issues are.
This term paper’s primary goal is to help readers comprehend
women’s human rights in today’s era using current statistics and case
studies.
INTRODUCTION
All of us have a claim to human rights. These include the freedom from
violence and discrimination, the best possible level of physical and mental
health, the right to an education, the right to own property, the right to vote,
and the right to a living wage. However, many women and girls still experience
sexism and gender discrimination on a global scale. Achieving equality
between women and men and eliminating all forms of discrimination against
women are fundamental human rights and United Nations values. Women all
over the world, however, commonly experience violations of their human
rights throughout their lives, and human rights of women has not always been
a priority. Achieving equality between women and men requires a
comprehensive understanding of the ways in which women experience
discrimination and are deprived of equality so as to develop appropriate
strategies and norms to eliminate such discrimination. Many issues that
disproportionately affect women and girls, like domestic and sexual violence,
lower pay, limited access to education, and insufficient healthcare, are rooted
in gender inequality.
Despite significant advancements made by the global movement for women’s
rights over many years, girls and women are still trafficked into forced labour
and sex slavery or married as children all over the world. They are prohibited
from receiving an education or participating in politics, and some are caught in
combat zones where rape is used as a weapon of war. Pregnancy and
childbirth-related deaths are unnecessarily commonplace over the globe, and
women are restricted from making extremely intimate decisions in their
private lives. Some groups of women experience additional forms of
discrimination, based on their age, ethnicity, nationality, religion, health status,
marital status, education, disability and socio-economic status. These
interconnecting forms of discrimination must be taken into account when
formulating measures and responses to combat discrimination against women.
The Internet and digital technology have given women additional options and
stronger or more effective means to organise, protest, call attention to
inequality, as well as simply to expand the space for women’s sexual and
artistic expression in recent decades. Movements like “MeToo” which saw
women utilise the Internet and social media to speak out against sexual
harassment and abuse, call out abusers, and press for systemic change, have
demonstrated women’s capacity to organise online and demand for change.
In India women are still chained in strong cultures and traditions which
prevents women emancipation, disallow Religious, Social, Economic and
Political freedom to her.
Women have an important role to play in the society. They are regarded as
primary sources that raises and nurtures the family. In spite the fact that the
women’s contribution to the progress of the country is equal to that of their
male counterpart, still they experience a number of limitations that restrict
them from realizing their potential for growth. It was against this perspective
that the governments all over the world, felt the need to prioritize the needs
and interests of women and recognize their contribution in various stages and
overcoming impediments that would take place within the course of their
empowerment. The term, women’s empowerment implies the capacity of the
women in taking all the important decisions on an independent basis that are
related to her, throughout her life span that will lead to her success in all
phases of life.
FACTS ON INEQUALITY
Men hold 75% of parliamentary seats worldwide and 73% of managerial
positions.
Women on average do three times more unpaid care and domestic work than
men, limiting access to other opportunities.
Women are paid 16% less than men on average, rising to 35% in some
countries.
Globally, 62% of women aged 25 to 54 are in the labour force compared to
93% of men – broadly unchanged since 1995.
Nearly one in five women has faced violence from an intimate partner in the
last year.
At least 60% of countries still discriminate against daughters’ rights to inherit
land and other assets in either law or practice.
Nearly one in four girls aged 15–19 is neither employed, in education or
training, compared to one in 10 boys.
Each year, 12 million girls are married in childhood, and four million are at risk
of FGM.
970,000 adolescent girls live with HIV compared to 740,000 in 1995. Girls
account for nearly three in four new infections among adolescents.
It is estimated that 60 per cent of the approximately one billion chronically
hungry people are women.
Women only hold the 21.4 per cent of the world parliamentary seats.
Three out of 10 women globally report having experienced physical and/or
sexual violence by an intimate partner.
Despite progress in some countries, still 800 women die every day globally
from preventable causes during birth or pregnancy.
Despite increase in the enrolment of girls in school globally, 61 per cent of the
123 million youth who lack basic reading and writing skills are women.
Globally, around 1 in 3 young women aged 20 to 24 – approximately 70 million
– were married before the age of 18. Despite a decline in the overall
proportion of child, if present trends continue, the number of girls who will
marry by their 18th birthday will climb towards 150 million in the next decade.
There is a gender gap in wage differences, where women earn 17 per cent to
35 per cent less than men for doing the same work.
Women perform 66 per cent of the world’s work, produce 50 per cent of the
food, but earn 10 per cent of the income and own 1 per cent of the property.
Sources: UN Women, UNICEF, Centre for Reproductive Rights
CASE STUDIES
Barriers to accessing justice
Even if a law exists to protect women and girls and is being implemented,
there are other barriers women and girls are facing during legal proceedings.
Length of legal process, no protection of victim’s identity (as can be seen in the
Pakistan case), re-traumatization through legal processes, unwillingness of the
authorities to investigate the case, and the culture of victim-blaming.
Particularly in cases of violence against women and girls.
Incest in Pakistan:
Mariam the incest survivor in Pakistan. Legal procedures hinder survivors from
pursuing their cases. These included biases of medico-legal officers, police and
prosecutors and their lack of understanding of the law; long drawn out trials
with the survivor having to appear at multiple dates and wait for long periods
of time, often in the same areas as the perpetrator; insensitivity during cross
examinations; and lack of special measures for survivors of violence, such as
the ability to testify out of sight of the perpetrator.
"[The medical examiner] said to me that, you did something very wrong and
had relations with a boy and now you are blaming your father. I felt
humiliated... She inflicted on me the same pain I had experienced on the
occurrence of the rape... I hated waiting in court because it was full of men
who stared at us... There should be separate sitting areas for women and
children in courts. Also victims like me should only be called to court when it
is necessary and once present testimony should be recorded in a timely
manner so we do not have to wait for hours."- Mariam
“There is no law which protects the victim’s identity and no provision of
special methods of recording of evidence in case of vulnerable victims
(through video, etc.). Victims are exposed to their perpetrators in open court
and are badgered beyond reason.”- Hina Ishaque, Mariam’s lawyer
“Perhaps the most difficult aspect of Mariam’s case, for all those involved,
was the length of the legal process. The judicial system is slow and legal
proceedings are lengthy resulting in cases lingering for years. This also leads
to increased costs adding another financial burden on survivors and their
families as well as the organizations supporting them.”- Sidra Humayun, War
Against Rape, Lahore
Sex trafficking in the United States:
In a case of sex trafficking in the US, 15-year-old Sasha had been trafficked by
two employees of a prominent law firm who had sold her to their friends at
parties and made pornographic films of her. Although Sasha and Sasha’s
mother wanted to pursue justice under the US Federal Anti-Trafficking Law,
they changed their mind after hearing of the trauma that Sasha would
continue to endure through the legal system. A former federal prosecutor,
who is now our partner in the NY State Anti-Trafficking Coalition, told us that if
Sasha were his daughter he would never allow her to go through this system as
she would be forced to relive her trauma over many years and be subjected to
horrendous cross-examination.