gender rights | SabrangIndia News Related to Human Rights Wed, 10 Jan 2018 10:00:38 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png gender rights | SabrangIndia 32 32 Why are women accused of witchcraft? Study in rural China gives clue https://sabrangindia.in/why-are-women-accused-witchcraft-study-rural-china-gives-clue/ Wed, 10 Jan 2018 10:00:38 +0000 http://localhost/sabrangv4/2018/01/10/why-are-women-accused-witchcraft-study-rural-china-gives-clue/ From medieval witch hunts in Europe to contemporary “witch doctors” in Tanzania, belief in witchcraft has existed across human societies throughout history. Anthropologists have long been fascinated by the phenomenon, but have struggled to study it with quantitative methods – our understanding of how and why it arises is therefore poor. But a study we […]

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From medieval witch hunts in Europe to contemporary “witch doctors” in Tanzania, belief in witchcraft has existed across human societies throughout history. Anthropologists have long been fascinated by the phenomenon, but have struggled to study it with quantitative methods – our understanding of how and why it arises is therefore poor.

China

But a study we conducted of one Chinese region provided an opportunity to test the most common hypothesis – that witchcraft accusations act as punishment for those who do not cooperate with local norms. According to this theory, witch tags mark supposedly untrustworthy individuals and encourage others to conform out of fear of being labelled. However, some empirical studies have shown that witch labelling instead undermines trust and social cohesion in a society.

Our study is based on 800 households in five villages in south-western China. We examined the social behaviour of those who were labelled with a “witch” tag, and compared it with those who were not. The work, published in Nature Human Behaviour, was the basis of a long-term collaboration between scientists from University College London, the Chinese Academy of Sciences in Beijing and Lanzhou University.

To determine the social networks and cooperation between households, we conducted house-to-house surveys, asking who had children, marriages and partnerships with whom. We also collected data on gift-giving, and on working groups on farms during harvest and planting seasons to see who was helping other households with their farming. All these measures gave rise to four social networks between households based on kinship, reproductive partners, gifts exchanged or farm work.

Magic poison

While in the area, we were occasionally warned not to eat in certain households, as women there were believed to be supernatural “poison givers”. The label they used – “zhu” or “zhubo” – is sometimes also translated as “witch”. It was common knowledge which homes were so labelled and we were surprised to find it accounted for 13% of the households.

The tag was one of the strongest predictors of assortment on social networks. Those from tagged households rarely had children or partnerships with those from untagged households, nor did they exchange gifts or work on each others’ farms very often. However, tagged households were helping each other and reproducing with each other, which mitigated the costs of exclusion from mainstream social networks.

We also played an “economic game” in the villages, where each person was given a small sum of money and asked to donate any proportion of it they wished to the village (to be divided among all the players). We found no evidence that those tagged as “witches” were any less cooperative in this game than any others.

In fact, we found that labelled households were very similar to other households, except the tagged households were more likely to be headed by women and were actually slightly wealthier than average.

We also discovered that the process of acquiring the label was opaque. Even victims often did not know who had started a rumour about them, they may just begin to notice others avoiding them. Some sources report such tags running in the family, with daughters inheriting the status from their mothers. Hence the origin of the slur could have occurred long ago.

Interpreting the results

Anthropologists who believe that the fear of loss of reputation (by witch labelling or other reasons) can be a huge driver of cooperation in the wider community often back their arguments with laboratory experiments using economic games. Such experiments also show that those who punish transgressors can gain reputational benefits themselves.

However real world examples of this are hard to come by. Most studies of witchcraft are not quantitative and do not examine social networks as we have done. While this study suggests there is no evidence that those labelled with this harmful tag were uncooperative, it does not fully explain why such accusations stick in some cases and not in others.

Our conclusion is that witch accusation has evolved from competition between households. Labelling may have become a way for people to get ahead of their rivals and gain a competitive advantage in reproduction or resources. However, the sources of competition may be different in different cases.


Giant Buddha Statue of Leshan, Sichuan, China. Ariel Steiner/wikipedia, CC BY-SA

There are other explanations that may apply too. All around the world conceptions of witchcraft share many common features. For example, middle aged women are the most common victims, and accusations of poisoning are frequently involved. But there are also many differences. Another idea for the origins of witchcraft denunciations is that they are common when patriarchal institutions are trying to establish dominance over matriarchal ones. This could possibly also apply in this case as Buddhism, the most common religion in the area, is more male-dominated whereas the traditional social structure in the region is “matrilineal”, where descent is usually traced through the female line.

A patriarchal dimension to witchcraft accusations could also explain the prevalence of women as victims both in traditional societies, and even in modern contexts that can resemble “witch hunts”, such as online bullying specifically targeting women.

The more research we do, the closer we can get to understanding and tackling the mechanisms behind these practices that can be devastating for women across the world.

Ruth Mace, Professor of Anthropology, UCL

This article was originally published on The Conversation. Read the original article.

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Five inspirational feminists you should know and honour today https://sabrangindia.in/five-inspirational-feminists-you-should-know-and-honour-today/ Mon, 11 Dec 2017 13:13:21 +0000 http://localhost/sabrangv4/2017/12/11/five-inspirational-feminists-you-should-know-and-honour-today/ Documenting the lives of departed feminists, and sharing their stories, honours their memories and inspires future generations.   Credit: Illustration by Carol Rossetti / courtesy of AWID. Every year, too many women’s rights activists are murdered or disappeared under suspicious circumstances. Some activists live long and full lives, and die of natural causes. Others, exhausted […]

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Documenting the lives of departed feminists, and sharing their stories, honours their memories and inspires future generations.
 


Credit: Illustration by Carol Rossetti / courtesy of AWID.

Every year, too many women’s rights activists are murdered or disappeared under suspicious circumstances. Some activists live long and full lives, and die of natural causes. Others, exhausted by often thankless work, die of preventable illnesses.

For the last five years, the organisation I work for, the Association for Women’s Rights in Development, (AWID) has honoured the memories of activists who have fought for women, girls, and communities that have been denied their human rights for far too long.

Documenting the lives of departed feminists is important work. They are the giants on whose shoulders we stand. Here are five inspirational feminist activists, from South Africa to the Philippines, that you should know, and honour in this period and beyond:
 

Prudence Nobantu Mabele, South Africa

 

Prudence burst into the limelight as the first Black woman in South Africa to publicly disclose her HIV status. She founded the Positive Women’s Network, criticised the government for failing to support people living with HIV, and demanded the provision of antiretroviral medicines. She also organised for the rights of LGBT people including lesbians living with HIV.

She was the kind of leader who stood shoulder to shoulder with people who faced and challenged the tyranny of the powerful. She supported Fezekile ‘Khwezi’ Kuzwayo, who bravely named South African President Jacob Zuma as her rapist. She spoke out against the systematic rape and murder of Black lesbians. She was a fighter, and also a Sangoma, a healer who brought her spirituality into her activism.
 

Edith ‘Edie’ Wilson, United States


Credit: Illustration by Carol Rossetti / courtesy of AWID.

Four years ago, Edith Wilson successfully sued the United States federal government, arguing that the 1966 Defense of Marriage Act (DOMA) was a contributing factor to ongoing discrimination faced by gay Americans. Her case helped lead to the 2015 legalisation of same-sex marriage across the country.
 

Emilsen Manyoma, Colombia


Credit: Illustration by Carol Rossetti / courtesy of AWID.

Afro-Colombian activists have struggled for decades to reclaim ancestral land as communal property. Too many have been attacked or threatened by organised armed groups hired by wealthy landowners and corporations opposed to land reform.

Emilsen Manyoma was an Afro-Colombian leader of the Comunidades Construyendo Paz en los Territorios (CONPAZ) group which supports peaceful protection strategies and communities’ access justice including via international humanitarian law. Emilsen documented killings and forced disappearances in her community. In January, she and her partner were brutally murdered. They were decapitated, and their bodies showed evidence of torture.
 

Miriam Rodríguez Martínez, Mexico


Credit: Illustration by Carol Rossetti / courtesy of AWID.

In 2012, Miriam’s 14-year-old daughter Karen disappeared. Amid official inaction, Miriam launched her own investigation, found the remains of her daughter’s body, and uncovered evidence that implicated members of the violent drug cartel Los Zetas in her murder. Subsequently, the principal suspect in Karen’s murder was arrested and imprisoned.

Miriam became an activist leader, founding ‘The Movement for Our Disappeared’ which brought hundreds of families together to search for loved ones who went missing under suspicious circumstances in a region where rival drug cartels frequently clash. Miriam was shot 12 times and murdered on 10 May, Mother’s Day in Mexico, when people take to the streets to protest disappearances.
 

Mia Manuelita Mascariñas-Green, the Philippines


Credit: Illustration by Carol Rossetti / courtesy of AWID.

Environmentalist and lawyer Mia Manuelita Mascariñas-Green took on legal cases challenging the destruction of land and natural resources in the Philippines. She was also a volunteer lawyer for the Environmental Legal Assistance Center network, often working pro bono.

In February, Mia’s van was attacked by armed men on motorcycles. Her three children and their nanny witnessed the attack.  The Philippines is one of the most dangerous countries in the world for environmental defenders, according to Global Witness, an environmental monitoring group.

Deaths of activists like these represent huge losses to communities around the world. Intimidation, harassment and killings are often deliberately designed to end the resistance movements these activists lead.

Some activists have organised to share strategies on peaceful protection methods. Every year, AWID honours departed activists by publishing tributes to them during the 16 Days of Activism to End Gender Based Violence campaign.

It is crucial that we hold the memories of these activists in our collective consciousness. They are the giants on whose shoulders we stand, and the foundation on which we build the future of our movements and struggles.

Nana Darkoa Sekyiamah is a feminist activist, writer and blogger. She is the co-founder of the Adventures from the Bedrooms of African Women award-winning blog that focuses on African women, sex and sexualities. She works with the Association for Women’s Rights in Development (AWID) as a Communications Manager.

Courtesy: Open Democracy

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Gender Justice First: Delhi HC Stands by GSCASH, JNU https://sabrangindia.in/gender-justice-first-delhi-hc-stands-gscash-jnu/ Sat, 23 Sep 2017 08:13:03 +0000 http://localhost/sabrangv4/2017/09/23/gender-justice-first-delhi-hc-stands-gscash-jnu/ In the fifth petition emerging out of the JNU teacher-students and the new administration, once again, the  Delhi High Court on Thursday issued notices to the Jawaharlal Nehru University (JNU) administration and University Grants Commission (UGC) in response to a petition challenging JNU Executive Council’s decision to dismantle Gender Sensitisation Committee Against Sexual Harassment (GSCASH) […]

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In the fifth petition emerging out of the JNU teacher-students and the new administration, once again, the  Delhi High Court on Thursday issued notices to the Jawaharlal Nehru University (JNU) administration and University Grants Commission (UGC) in response to a petition challenging JNU Executive Council’s decision to dismantle Gender Sensitisation Committee Against Sexual Harassment (GSCASH) and its replacement with the formation of Internal Complaints Committee (ICC). The JNU Students Union in its fight to save GSCASH called for an ‘Extraordinary University General Body Meeting’ today, 22nd September, with its agenda being ‘conduct GSCASH elections’ and ‘adopt rules and procedures of GSCASH 2015’.

JNU
Image: Facebook/Samir Asgor Ali

This was in response to a writ petition was filed in the Delhi High Court by Petitioners from the Jawaharlal Nehru University, three teachers and three students of the University, asking for quashing of orders superseding the Gender Sensitization Committee against Sexual Harassment (GSCASH) Rules and Procedures by the Internal Complaints Committee and the Registrar’s letter to put the GSCASH elections on hold. The team of lawyers representing the petitioners is headed by Senior Advocate Indira Jaising and Harsh Parashar of Srivastava Naved Parashar Partners.

Earlier this week, at an Executive Council Committee meeting the University adopted the UGC (Prevention Prohibition & Redressal of Sexual Harassment of Women Employees & Students in Higher Educational Institutions) Regulations 2015, and approved the formation of an Internal Complaints Committee to replace the existing Gender Sensitization Committee Against Sexual Harassment. Petitioners submit that JNU has its own revised Rules and Procedure of GSCASH which incorporated the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Petitioners have argued that it is not the mandate of the University Grants Commission (UGC) to deal with matters of discipline within Jawaharlal Nehru University (JNU), which is governed by its own statute, rules and regulations on the issues of discipline and in particular “sexual harassment” on the campus.

The petition states that the under the Sexual Harassment at Workplace (Prevention, prohibition and Redressal) Act, 2013, has no application on students and since GSCASH has its own rules and regulations in the matter of sexual harassment and came into force more than a decade before the passing of the Act, it should be applicable.

Petitioners have asked for a stay on the orders of supersession and for directions to preserve records of GSCASH from 1999 till date. They have also asked for the court to allow elections for student representatives to be held in accordance with regulations.

The court stated that the GSCASH office shall remain sealed until further hearing. The writ petition is filed by a section of University’s teachers and students. The learned judge, Chief Justice Geeta Mittal, concurred with Ms. Jaising, Counsel on behalf of the petitioners that the concerns for confidentiality had to be the paramount factor in this matter.

The petitioners have contended that UGC rules do not apply to JNU which takes decisions under the JNU Act. It is said that the petitioners are concerned as all the records of GSCASH from the year 1999 to present date are sensitive including the records and proceedings of 25 cases still pending with the committee (the inquiries in many cases are against faculty members and high-ranking officials). According to them, any modifications in GSCASH can only be carried out on the advice of GSCASH itself as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The petition also elaborated the important features of GSCASH and its autonomy over ICC.

The next hearing of the interim stay application is on 31st October and the hearing of main petition is scheduled for 28 November, 2017.

Speaking to Newsclick, Students Union Vice President, Simone Zoya Khan said that their Union has rejected the formation of ICC replacing GSCASH. She said “in order to reclaim the autonomy of GSCASH, the union is demanding to conduct the GSCASH elections,’’ and while expressing relief over the High Court’s stay order on transfer of pending cases with GSCASH to ICC, she said “this Union has already begun its fight against the University’s decision of dismantling GSCASH.”

In a press statement , the JNUTA welcomed the court order and congratulated the Counsel for the petitioners Sr. Counsel Indira Jaising and her legal team. It recalled the exemplary responsibility evinced by the GSCASH which refused to be bowed down by intimidation tactics by the JNU Registrar to attempt to compel the GSCASH to hand over the keys to its office to him.

The petition may be read here.

 

 

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‘Assault on women’s rights’: Director of ‘Lipstick…’ vows to fight after Censor Board snub https://sabrangindia.in/assault-womens-rights-director-lipstick-vows-fight-after-censor-board-snub/ Fri, 24 Feb 2017 09:06:57 +0000 http://localhost/sabrangv4/2017/02/24/assault-womens-rights-director-lipstick-vows-fight-after-censor-board-snub/ Director Alankrita Shrivastava said that "as a woman and as a filmmaker no one can take away my voice".   India's film censors have declined to certify "Lipstick Under My Burkha" for its sexual scenes and abusive words, among other things. Director Alankrita Shrivastava says the decision is "an assault on women's rights" and she […]

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Director Alankrita Shrivastava said that "as a woman and as a filmmaker no one can take away my voice".


 

India's film censors have declined to certify "Lipstick Under My Burkha" for its sexual scenes and abusive words, among other things. Director Alankrita Shrivastava says the decision is "an assault on women's rights" and she will do everything to ensure the Indian audience gets to watch her film.
The film — starring Konkona Sen Sharma and Ratna Pathak Shah — chronicles the secret lives of four women of different ages in a small town in India as they search for different kinds of freedom.

A copy of the Central Board of Film Certification (CBFC) letter to the film's producer Prakash Jha states: "The story is lady oriented, their fantasy about life. There are continuous sexual scenes, abusive words, audio pornography and a bit sensitive touch about one particular section of society, hence film refused."

Shrivastava, who is in Glasgow, where the film will be screened at Glasgow Film Festival, told IANS: "I am not defeated, disheartened or disillusioned by the CBFC's refusal to certify 'Lipstick Under My Burkha'. I am more determined than ever before to ensure that 'Lipstick Under My Burkha' can be watched by Indian audiences."

"I will fight this out till the very end, and do whatever it takes because this is not about my film. The real issue is the systematic suppression of women's voices and the throttling of freedom of expression," added Shrivastava, who last helmed "Turning 30!!!".

Shrivastava said that "as a woman and as a filmmaker no one can take away my voice". 

"I will refuse to succumb. In a country where there is so much discrimination against women, so much violence against women, isn't it essential to listen to women's stories from their point of view?"

"I believe the decision to refuse certification to our film is an assault on women's rights," she added. 

The film won the Spirit of Asia Award at the Tokyo International Film Festival and the Oxfam Award for Best Film on Gender Equality at the Mumbai Film Festival. It will be screened in Glasgow on Friday.

Shrivastava feels her film is being attacked because it presents a female point of view.

She said: "It is ironic that a film that has won the Oxfam Award for the Best Film on Gender Equality at the Mumbai Film Festival and the Spirit of Asia prize at the Tokyo International Film Festival and is being celebrated in several international film festivals across the world, is being attacked by the Indian censor board."

"Lipstick Under My Burkha" will also be screened at the Miami Film Festival. It is in the international competition of only eight features at the International Women's Film Festival at Creteil, Paris, France. It will then head to London Asian Film Festival. 

In recent times, the CBFC had refused a certificate to "Haraamkhor", but the makers later took the film to the Film Certification Appellate Tribunal and got a green signal for release.

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Bengaluru Molestation Exposes Its Home Minister https://sabrangindia.in/bengaluru-molestation-exposes-its-home-minister/ Tue, 03 Jan 2017 12:54:34 +0000 http://localhost/sabrangv4/2017/01/03/bengaluru-molestation-exposes-its-home-minister/ There were reportedly 1,500 policemen posted on MG Road, Brigade Road and other public spaces on New Year's Eve in Bengaluru when the horror of mass molestations occurred. The photographs of traumatised young women provide a glimpse of the terror they experienced when they were made targets of sexual harassment, molestation, sexist abuse by drunk men. The […]

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There were reportedly 1,500 policemen posted on MG Road, Brigade Road and other public spaces on New Year's Eve in Bengaluru when the horror of mass molestations occurred. The photographs of traumatised young women provide a glimpse of the terror they experienced when they were made targets of sexual harassment, molestation, sexist abuse by drunk men. The police utterly failed to protect the women and moreover failed to arrest even a single one of the several groups of men responsible. Two days later, there are still no cases filed. It is said that police are studying CCTV camera footage to identify and arrest the hooligans. But it is a long shot.

new

Several women approached police in Bengaluru complaining hooligans had molested them
 

The men, who hunted in packs, yet were not necessarily linked or even known to each other, must be sitting around somewhere bragging about what they did that night, safe and secure in the knowledge that once again, they got away with it. The police and government must be held accountable. This is criminal negligence of duty by the Karnataka government and those responsible for this must be punished. In particular, the statement of Karnataka Home Minister G Parameshwara in a television interview that "such things happen" and the reason is the "western" ways of youth and the way that "women dress" is utterly abhorrent. He has no right to continue in office.

Karnataka is also the state where lawmakers have been caught on camera more than once watching porno on their phones while attending the state assembly. This is also the state where right-wing vigilante groups like the Ram Sene have raided bars and beaten up young women, earning praise for their actions from political leaders. This is also the state where the notorious slogan of love jihad resulted in violence against women choosing partners for themselves with inter-community relationships in Mangalore.

new years eve bengaluru molestation

Women were allegedly molested and heckled on Bengaluru's MG Road
 

The proud tradition of great social reformers of Karnataka like Basavanna who fought against caste and against gender inequality is in stark contrast to the degeneration of standards of public life which particularly impact women's security and safety. When leaders behave in a manner utterly contemptuous of and demeaning to women, the social example set is mimicked by their followers. But Bengaluru is not the only city where such incidents have occurred. Earlier there were somewhat similar incidents, though not of the same scale, in Mumbai and Delhi and other cities.

The backlash against women's assertion of autonomy has been savage and severe in India. From schools and colleges, to workplaces and public spaces of enjoyment and fun, the increasing presence of girls and young women in non-traditional roles outside the four walls of the patriarchal home challenges the asymmetric power relations between men and women. The women present on MG Road suffered the backlash of misogyny backed by sexual violence.

new years eve bengaluru molestation

An eyewitness described the situation as "almost a stampede"
 

Every time such a dreadful incident occurs, women take a step backward, their confidence sapped. Sometimes women are forced to give up that public space. This year, according to reports, the celebrations across cities were muted. Demonetisation was a decisive factor, but it is also true that in Delhi for example, young women were wary of venturing out into public places, precisely because of their fear and apprehension of incidents such as that which occurred in Bengaluru. Campaigns by women's groups with slogans like "reclaim the night" urging women to establish their rights night and day over public spaces in the cities they live in are important messages, but entirely lost on those responsible for building the infrastructure to ensure a safe and secure environment for girls and women.

As a World Health Organization primer against sexual violence put it, "cultural and social norms are highly influential in shaping individual behavior." In India, socially conservative and fundamentalist forces, now with political patronage, seek to stem the tide of change and promote cultures which blame and shame women for the crimes committed against them, thus creating an environment of social sanction for certain acts considered "punishment" meted out to "wayward women." It is the Sita syndrome: cross the Lakshman Rekha and you become a legitimate target of male violence and ultimately get punished for it. Already the echoes of December 2012 can be heard in Bengaluru. In that year, Nirbhaya, the 23-year-old intern, victim of the most barbaric violence in Delhi, was blamed by some for being out at night with a male friend. How many times have young women victims been asked "But what were you doing there?" followed by a version of "you were asking for it." In retrograde attitudes towards women, most political parties, like the Home Minister who belongs to a Congress-led government speak, in the same voice. It was Mohan Bhagwat of the RSS who blamed the adoption of "Western cultures" for increasing crime against women; now, we have a Congress minister echoing his words.

new years eve bengaluru molestation

Cops struggled to control thousands of revelers who had poured out on the streets at midnight
 

But along with the aspect of government and police accountability, every adult citizen who was there that night and who did nothing to help the women being targeted have failed basic responsibility and humanity. In case after case, it is the indifference of society, of those present, which provides the ultimate strength to the perpetrators of violence against women. For women activists working to alter the power relations and to make India a safer place for women, the biggest hurdle is that of the active refusal of most people to get involved to prevent the violence which is occurring before their eyes. It may be a case of a student being harassed in a bus, or a working woman in her factory, or a young couple holding hands being harassed in a cinema hall: silence in the face of an obvious case of harassment provides the social environment for sexual harassers to flourish. There is no certainty of punishment for the criminal; instead, there is the certainty of impunity; there is no certainty of social and family disapproval, but on the contrary, the wearing of the mantle of masculinity by virtue of being a sexual predator, an occupation which it would seem draws many admirers. The utter hypocrisy of our society and prevalent cultures is reflected in the silence, and thereby the acquiescence, to the deteriorating situation of security and safety for women.

The answer is not to remain a silent spectator, but to stand up and be counted in the protection of women's right to live a safe life of dignity and peace.

(The author is a Politburo member of the CPI(M) and a former Member of the Rajya Sabha.The article appeared on the author's blog on Ndtv.com ans is being published here with the permission of the author)

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Why the world needs a UN treaty to combat violence against women https://sabrangindia.in/why-world-needs-un-treaty-combat-violence-against-women/ Tue, 08 Mar 2016 05:47:13 +0000 http://localhost/sabrangv4/2016/03/08/why-world-needs-un-treaty-combat-violence-against-women/ Violence against women is one of the most prevalent human rights abuses in the world   Violence against women is one of the most prevalent human rights abuses in the world. It is estimated that 35% of women have experienced physical or sexual violence in their lives either by their partner or a stranger. Yet […]

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Violence against women is one of the most prevalent human rights abuses in the world


 
Violence against women is one of the most prevalent human rights abuses in the world. It is estimated that 35% of women have experienced physical or sexual violence in their lives either by their partner or a stranger.

Yet there are no provisions under existing UN treaties which refer directly to this issue. This is unacceptable. It is time for the world to develop a new UN treaty on violence against women.

The absence of international, legally binding provisions set down in a UN treaty creates difficulties in holding countries accountable for their responses to domestic violence, forced marriage and a host of other abuses.

The UN’s primary instrument on the rights of women is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979. This convention contains no express mention of violence against women, although the CEDAW Committee (the convention’s monitoring body) interprets the issue as part of its remit.

In 1992, the committee issued its General Recommendation 19 which stated:

Using this interpretation, the CEDAW Committee frequently makes recommendations to states relating to violence against women.


Violence against women in numbers. UN Women

In 1994, the first UN Special Rapporteur on violence against women, its causes and consequences was appointed, a position currently held by the Croatian Dubravka Šimonović. Despite this, the key difficulty has been that all of the statements issued by UN bodies on violence against women are “soft law”, meaning they are non-binding on states.

Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.

The former UN Special Rapporteur on violence against women, Rashida Manjoo, has spoken out against the problems she faced in holding states accountable. In a report to the UN Human Rights Council in May 2014, she said that: “Although soft laws may be influential in developing norms, their non-binding nature effectively means that states cannot be held responsible for violations.”
 

Taking the lead from regional systems

In the absence of a global, legally binding treaty at UN level, some regions have taken matters into their own hands. In 2011, the Council of Europe adopted a Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention.
The Istanbul Convention could provide a good starting point for the development of a UN treaty on violence against women. It is comprehensive in scope and places detailed obligations on states to adopt measures to prevent violence against women.

It covers specific issues such as forced marriage, stalking, psychological violence and forced abortion – all of which should be addressed in any global treaty on violence against women.

In addition to ensuring that countries' criminal justice and civil law systems are effective in responding to violence against women, countries that are party to the Istanbul Convention must take steps to raise awareness in society of issues surrounding violence against women. They must also provide support to victims, and provide sufficient training for professionals who come into contact with victims.

The large majority of states within the Council of Europe have either ratified the Istanbul Convention or stated an intention to do so. This apparent readiness could be an indication that other countries around the world could be willing to sign up to a global treaty on violence against women.

Holding countries accountable

Careful consideration would need to be given to how to monitor any new UN treaty on violence against women. All of the UN human rights treaties suffer from extensive enforcement difficulties – and it is unlikely that a new UN treaty would be any different.

If a state violates its obligations under a UN human rights treaty such as CEDAW, there are essentially no penalties which can be imposed by the relevant monitoring bodies. The primary monitoring mechanisms are reporting mechanisms, through which states must submit periodic reports on compliance.
Yet, the value of binding treaty provisions, such as those found in CEDAW, lies in the fact that if a state breaches them, pressure can be exerted by other states in order to “shame” the offender into complying. In general, most countries do not wish to be seen to be repeatedly violating human rights law – although there are some which take this more seriously than others.

At present there does not appear to be widespread political will at the UN to adopt a new treaty on violence against women. Its development would be a long and challenging process. But it is unjustifiable that there are still no legally binding, global provisions on the issue of violence against women.

Courtesy: The Conversation

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