Class Presentation on Social Welfare and Social Work Law (LAW 597)

Unit 3: Women and Social Welfare System

Submitted by: Anushreeya GC, B.A.LL. B 10th Semester, Roll No. 16

Submitted to: Mr. Dipak Silwal, Nepal Law Campus, Exhibition Road

Date: 20/01/2024

POLITICAL AND SOCIAL STATUS OF WOMEN IN SOCIETY

Political Status
➢ According to the Universal Declaration of Human Rights, everyone has the right to take part in the government of his or her country. 1
➢ The Convention on the Elimination of All Forms of Discrimination against Women builds on previous conventions and its article 7 concerns
women’s access to decision-making in political and public life. (Please go through Article 7 and Article 8 of this Convention)
➢ History:
✓ Queen Rajendra Laxmi led a process to unify Nepal,
✓ Mrs Kamala Kunwar, wife of Balabhadra Kunwar is believed to have participated in the Nalapani Fort battle in Anglo-Nepal war in 1814-
18162
✓ The direct engagement of and confrontation with the ruling elite for the rights of women began with Yogmaya Neupane who demanded
respect for women social and political participation.
➢ Women in the 2007 A.D Interim-Constitution: The interim constitution of Nepal 2063 (2007) under clause (3) of sub-clause (b) includes that
political parties shall ensure proportional representation of women…. In addition, it mentions that at least one-third of the total number of
candidates nominated shall be women.
➢ Women in the 2008 A.D Constituent Assembly: As a result of the strong provisions in the Interim Constitution 2007, that favored more
participation of women in politics, the Constituent Assembly election of 2008 became historic as approximately 53 per cent of voters were
estimated to be women outnumbering men voters. The Constitution made a significant contribution in terms of gender equality as a 33% quota
had been allocated for women representatives.
➢ Women in 2015 A.D Constitution of Nepal: The Constituent Assembly had 33% representation of women in the Central and Federal Parliament.
The Constitution also has provisions to include at least one woman in the two-leadership position system, among the highest positions of the
nation (e.g. Presidents or Vice-President, Speaker or Deputy Speaker, Chair or Vice Chair of the National Assembly must be women) and at least
33 per cent representation of women in the State structure, as well as one representative position for women as the head and deputy head of local
governments. Likewise, the Constitution, guarantees equal rights for men and women, including the right to participate in political processes such
as voting and standing for election.

Social Status
➢ The International Covenant on Economic, Social and Cultural Rights (ICESCR) mentions the right to adequate food, clothing and housing,
and the continuous improvement of living conditions as part of the right to an adequate standard of living for oneself and one’s family. It also
guarantees the right to adequate housing (art. 11).3
➢ The Universal Declaration of Human Rights (UDHR) establishes the right of everyone to own property regardless of sex (art. 17.1 and 2), the
right to an adequate standard of living including housing and to security in the event of a lack of livelihood (art. 25), and states that everyone
should have equal rights as to marriage, during marriage and at its dissolution (art. 16).
➢ CEDAW specifically requests States to undertake all appropriate measures to eliminate discrimination against rural women, and to guarantee their
enjoyment of adequate living conditions.
➢ According to the International Labor Organization (ILO), women experience systemic barriers in almost every aspect of work.
➢ ICESCR: Work must be available, accessible without discrimination on any grounds, and acceptable to the individual worker.
➢ ILO Discrimination (Employment and Occupation) Convention No. 111
➢ Equal Remuneration Convention No. 100 (1951)
➢ Maternity Protection Convention, 2000 (No. 183)4
➢ The CEDAW guarantees women equal rights in deciding “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”5.

Constitutional Provisions in Nepal:

➢ Art 18 provides the right to Equality and ensured all are equal in the eyes of law and no one shall be discriminated on the basis of sex, gender….
➢ Art 38 provides the Right of women and ensured the right of reproductive health and equal partition on parental property.
➢ Art 34 provides equal payment for equal work.

Other laws;
➢ The National Civil (Code) Act 2074 B.S
➢ The National Criminal (Code) Act 2074 B.S
➢ The Right to Safe Motherhood and Reproductive Health Act, 2075 B.S
➢ The Act Relating to Compulsory and Free Education, 2075 B.S
➢ Domestic Violence (Offence and Punishment) Act, 2066 B.S
➢ Sexual Harassment at Workplace (Prevention) Act, 2071 B.S
➢ Human Trafficking and Transportation (Control) Act, 2064 B.S
➢ National Women Commission Act, 2074 B.S
➢ The Labor Act, 2074 B.S

Conclusion

• Patriarchy still prevails

• Discriminatory citizenship provisions
• Only formal equality and no substantive equality

1
https://www.un.org/en/about-us/universal-declaration-of-human-rights#:~:text=Article%2021,public%20service%20in%20his%20country.
2
https://vc.bridgew.edu/cgi/viewcontent.cgi?article=2245&context=jiws
3
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
4
https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm
5
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women