Discuss about the Women and Human Rights for Inequality.
Women have the same entitlement of enjoying the human rights and of enjoying the fundamental freedoms as are present in the case of any other individuals. Under the international human rights treaties, the parties or representatives of States take proactive steps in making sure that the human rights of women are properly respected under the law, whereby any kind of inequality, discrimination and negative practices hampering rights of women are eradicated [1]. Often, under the international human rights law, the women are given with specific additional rights like the ones which relate to reproductive healthcare. The women are also provided with special status as they are deemed as vulnerable group, and this status is given under the regional and under the United Nations human rights systems [2]. There is a prohibition under the international human rights treaties for discrimination based on gender, where the states are required to make certain that the rights women are protected and are realized in all areas, including freedom from violence, property ownership, participation in government, and equal access to education [3]. This discussion highlights the interplay of human rights and women, where the factors which act as hindrance in women getting their basic human rights would be highlighted, along with the steps taken in dealing with these. But before moving forward, there is a need to understand what human rights exactly are.
Human rights, in the general sense, are deemed to be such rights which are inherent to every person. Under the concept of human rights, it is acknowledged that every person has the entitlement of enjoying their rights, without being discriminated on basis of colour, religion, opinions, social or national origin, race, sex, language, birth, property or any other reason [4]. Every nation guarantees these human rights through its constitution, laws, statutory documents, and international and regional treaties. These legal guarantees protect the people from any such action(s), which interfere with human dignity or fundamental freedom. Some of the basic human rights include the right of dignity, right of being treated as equal, right of not being abused, and the like. Human rights are basically inalienable, indivisible, universal, interdependent and interrelated. Public health and human rights have the common goal of protecting and promoting the wellbeing of people [5].
Now that clarity has been attained on what exactly human rights are, these can be discussed in context of women. When women and human rights are used together, it is usually done in the sense of attaining, promoting or propagating gender equality [6]. It is the foundational and principal goal in attaining human rights of women. Gender equality refers to equal opportunities, rights and responsibilities being given to boys and girls, and men and women. Even though a majority of human rights instruments cover restrictions and prohibitions on gender profess, and even a lot of progress has been made in this context of attaining gender equality, the critical goals for equality and empowerment of women continue to be unattained. There are still a number of nations where the women are underrepresented in corporate leadership positions and government, get low wages in comparison to made counterparts, are abused, and are treated as best fit for home roles [8]. In order to attain gender equality, there is a need for higher commitment from governments, individuals and institutions where resources are committed, mechanisms are developed and accountability is affixed for protecting and promoting rights of women. The reason for putting so much focus on gender equality stems from the fact that gender discrimination impacts the enjoyment of human rights by women across the world in a negative manner [9].
Even with the states being obligated to work towards human rights, there continues to be instances of abuses and contravention of the women’s human rights. The most prevalent and harmful abuses take place in the following instances: reproductive health, violence against women, marriage and family, property rights, participation in society and government, and labour and employment. Violence against women continues to be prevalent in a number of nations across the globe, which not only includes in undeveloped or developing nations but also in developed nations [10]. The instances of violence against women include mental, physical or sexual harm or sufferings on women, along with acts of coercion, arbitrary deprivation of liberty, threats, in both private and public life. It is essential that women are free from fear of violence and from instances of violence for them to truly and fully enjoy their human rights. Even though states cannot personally stop violence against women, they can take up stringent measures to reduce, if not eradicate, the frequency of such instances [11]. They also have to help the victims and prosecute the perpetrators. There is not only a need to take steps against violence for all people in terms of protecting right of life and being free from degrading and cruel treatment, but there is a need to give specific protection to women through specialized treaties [12].
Another major detrimental factor on the health of women, which occurs due to their human rights being contravened, is instance of sexual violence. The instances of sexual violence include enforced prostitution, rape and the other types of sexual assault. There are even instances of female genital mutilation, which has no health benefits, and results in many young women dying or suffering major health issues [13]. There are also the instances of domestic violence, which include sexual, psychological, emotional and physical harm to women. Violence against women is a major social and health problem. Studies conducted in Malaysia, Republic of Korea and India showed that around 22-42% of the interviewed women had been physically assaulted by their husband. As a result of violence against women, all the spheres of life of a woman are affected, including their autonomy, productivity, capacity of taking care of herself and of her family, and an overall decline in her quality of life, affecting her health status [14].
Women, who have been abused, are prone to developing or reporting somatic symptoms which relate to musculo-skeletal disorders, chronic pain, respiratory illness, genitourinary disorders, depression and panic. Apart from this, such women become prone to attempting suicide and misusing drugs. In this context, health sector has a major role to play as women become regular visitors, despite the fact that such sector holds poor record in majority setting of providing victimized women with sensitive care. This gender based violence is not just a health problem, but is an overall issue, affecting even the economy of the nation. This is because, not only are they personally affected by violence, but even their children suffer, who are in turn not able to do as well as they could have done in a healthy living environment. Thus, their right of having a good life is also contravened. A chain effect is thus created. Moreover, such violence is a violation of women’s human rights, their sexual and reproductive rights and of their bodily integrity. The picture presented below highlights the measures which need to be adopted for improving women’s health and human rights [15].
(Figure: Strategies for a women’s human rights framework in health research [16])
As a result of such instances, lot of steps are taken at regional and international levels. Some of these include, American Convention on Human Rights (articles. 1(1), 6(1), 27(1)), Convention on the Political Rights of Women, Convention on the Nationality of Married Women, Convention on the Elimination of All Forms of Discrimination Against Women, International Covenant on Economic, Social and Cultural Rights, Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, European Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on the Elimination of Violence against Women (1993), Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, and Convention on the Elimination of Discrimination against Women [17].
The Convention on the Elimination of Discrimination against Women given by the United Nations is deemed as a comprehensive treaty on women’s rights. Through this treaty, any and all forms of discrimination taking place against women are condemned. Further, it also reaffirms the significance of equal civil, cultural, social, economic and political rights being guaranteed to women and even to men. This convention provides that there is a need for equality in the civil, cultural, social, economic and political rights for the women, despite their marital status. In this context, the convention requires the states to enact the national legislations which prohibit discrimination. It also allows the states in taking temporary measures required for accelerating attainment of equality in practice between women and men, along with taking appropriate actions towards modifying cultural and social patterns through which discrimination is perpetuated. Where the legal capacity of women is restricted by contracts and private instruments of state parties, they are deemed as null and void under this convention [18]. This convention also focuses on equal access to education to be provided to all, particularly to women. This convention has been ratified by 90% of the nations across the globe [16].
Even though there have been breaches of human rights for most of the people, owing to the nature of patriarchal nature of the civilizations, women have been subjected to higher number of human rights violations in comparison to their male counterparts [19]. Despite numerous attempts, women are deemed as the lease power and the poorest segments of communities. They are denied equal job trainings, leisure time, health care, employment, income, public office, property, decision making power, freedom, and even control over their own life and body. This is not the story of present era, but can also be traced in the historical references. The notion of natural rights under the ancient Stoics was that all human beings have some inseparable rights, but these did not encompass women. There are other references from history, where attempts have been made to give women their rights. St. Thomas Aquinas (c. 1225-1274), the Christian Church leader stated that the unequal treatment of sexes and deeming women as childbearing objects was detrimental to the society’s economic development, resulting in poverty. Aristotle on the had a misogynous perception of women as being misbegotten men, and Aquinas went further to question creation of woman, deeming it as defective creature [20].
From then to now, not much has changed. There is a lot said about women and their equality, in giving them their basic human rights, and yet instances of abuse against women are predominant across the globe. There are cultural relativists who go against equality of human rights for women, which present another challenge in attaining the objective of equality in women’s rights. There is a need for brining a transformation in the cultural norms and even in their material foundations to fully recognize and protect the rights of women. So, not only is there a need for political commitment, but there is also a need for brining in a shift in cultural mores, to truly attain women’s equality in terms of their human rights being granted and being properly protected [20].
To bring this discussion to its conclusion, it can be stated that be it the historic times, or the present era, women have been abused and denied their basic human rights for a long time. Even with a number of steps being taken at national and international levels, there continue to be instances of abuse against women, and women being denied equality in different spheres of life. This requires a proactive approach to be taken from the states of different nations and in working towards really providing women with the numerous rights which they are meant to protect under the hundreds of treaties and conventions which have been drawn. This requires actual steps and their realizations, instead of drafts and statements on paper. Apart from this, there is a need for transforming the cultural norms, as often women are treated in a degraded manner due to certain perceptions under the cultures. In short, there is a need to adopt holistic approach and take measures across the different spheres of life, to truly give the women the chance of enjoying their basic human rights.
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