Principle
Women are entitled to all the rights enshrined in the International Bill of
Human Rights. But in reality, they do not enjoy the rights in equal footing with
man, on account of the biological difference and discrimination they face in the
society. Therefore, there is a need for specific rights for women or specific
application of human rights.
It took a long time for the mainstream human rights movement to accept this
perspective of women's rights as human rights issue. The World Conference on
Human Rights at Vienna in 1993 was a landmark in the women's movement towards
this direction. The Vienna Declaration and Program of Action, part I, para. 18
stated:
The
human rights of women and the girl-child are an inalienable and indivisible
part of universal human rights. The full and equal participation of women in
political, civil and economic, social and cultural life, at the national,
regional and international levels, and the eradication of all forms of
discrimination on grounds of sex are priority objectives of the international
community.
The detailed international legal standards on the prohibition of discrimination
against women is laid down in the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW). Beside the enactment of
gender-neutral laws, the Convention prescribes the measures for ensuring that
women everywhere are able to enjoy the rights to which they are entitled.
The Convention, adopted by the General Assembly in 1979, was ratified by the
Government of India (GOI). Now India is legally obliged to implement its
provisions.
Violence against Women
The Committee on the Elimination of Discrimination of Women, set up under
CEDAW,
extended the general prohibition on gender based discrimination (Article 1,
CEDAW) to include gender based violence (General Recommendation No. 19, 11th
Session 1992) including:
- (a) The
right of life;
- (b) The right not to be subjected to torture or
cruel, inhumane or degrading treatment or punishment;
- (c) The right to equal protection according to
humanitarian norms in time of international or internal armed conflict;
- (d) The right to liberty and security of person;
- (e) The right to equal protection under the law;
- (f) The right to equality in the family;
- (g) The right to highest standard attainable of
physical and mental health;
- (h) The right to just and favourable condition
of work.
The work of the Committee in this area is reinforced by the adoption of the Declaration
on the Elimination of Violence against Women, by the General Assembly in
1993 and appointment of a Special Rapporteur on violence against women by the
Commission on Human Rights in 1994.
The Special Rapporteur, Ms. Radhika
Coomaraswamy, in her third report to the
Commission (contained in UN document E/CN.4/1997/47), summed up the contemporary
understanding on the issue in the following words:
14. In
the past, a strict interpretation of human rights law considered that the
State is only responsible for its own actions or that of its agents and that
action by private actors is a matter of criminal justice. In recent times,
however, this approach has given way to a more realist thinking which holds
that States are expected to exercise due diligence in preventing, prosecuting
and punishing those who perpetrate violence against women, Òwhether those
acts are perpetrated by the State or by private actors'. As the Special
Rapporteur stated in her first report, Òthis emergence of State
responsibility for violence in society plays an absolutely crucial role in
efforts to eradicate gender-based violence and is perhaps one of the most
important contributions of women's movement to the issue of human rights'
(E/CN.4/1995/42, para.107).
Moreover, given the ongoing armed conflict situation and the imposition of a
permanent, de-facto emergency legislation, it will be pertinent to also
look into the Declaration on the Protection of Women and Children in
Emergency and Armed Conflict, 1974 while dealing with the issues of violence
against women in Manipur.
Conclusion
At the international level, women's movement has made substantial progress in
setting a fair standard of women's human rights. These achievements would be
meaningless to a large extent,
a) unless it is linked with the
women's struggles emerging at the local level; and
b) unless the local human
rights initiatives start looking at the women's issues using these
international standards.
Human Rights Alert is making a
humble effort towards this direction.
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