International Human Rights, Women and Gender
International Human Rights: Women and Gender
Women are the most assaulted segment of the human society. A shocking statistic reveals that a majority of the females are subjected to violence and sexual violence by the time they reach their late teens (Fergus, 2012).
Definitions of Violence against women, constitutes the mental and physical torture they are subjected to by way of restricting their right to freedom in the broader sense of the term. The crimes and exploitation against younger girls implies, by definition, violence based on gender discrimination. It has been observed that this act of violence is fallout of the negligence shown towards equality of the female child and womenfolk in general (Fergus, 2012).
The act of violence exposes the women and specifically the younger female child to isolation, loss of identity, unhealthy overall development, psychological and social stigma (WHO, 2006) and hence cause HIV and/or AIDS, causing further exposure to life threatening abuse and abhorrence (Fergus, 2012).
In studies carried out addressing the issues of atrocities against women and female children, it has come to light that 25 to 33% of them are subjected to sexual abuse either in the school, or on the way to school, forcing them to abandon studies or change the routes (UN Women, n.d.). Gender inequality and discrimination make girls vulnerable and can result in death from extreme violence (Fergus, 2012; Word Health Organization, 2006).
The socio-economic costs of discrimination and acts of violence against women are huge and far-reaching, those of diminishing human capital and also productivity and thereby social justice which in turn causes social and political imbalance and instability (UN General Assembly, 2006). Even though the main costs are borne by the individual and the immediate family and society of the individual, the state also loses by way of diminished human capital, imbalance of the sexes and hence strains the public services as a consequence (Fergus, 2012).
This paper critically discusses how the principles of equality and non-discrimination are approached within the UN human rights framework with reference to the work of at least two treaty-monitoring bodies, including the UN Committee on the Elimination of Discrimination against Women (CEDAW). But before we discuss the approach by these international bodies, it is critical we analyze exactly how these international bodies characterize equality and nondiscrimination.
Equality in human context is equality in treatment, in values without prejudice to sex, color, socio-economic conditions, or physical abilities. What is specific in the context of this work is that of gender-based equality and non-discrimination against women. There are far too many forms that arise in this construct and require the support of the entire societies to remove the imbalances in physical forms, psychological and mental posturing of superiority and inferiority and ensure expression of right to freedom to women in the society (Arbour, 2007).
Equality is defined by state apparatus as equal opportunities to all, however that is impossible to realize by those with, for example disabilities. Hence, special and preferential provisions need to be made for such inadequacies. Equality to opportunity is another way of looking at equality. The societal role in approaching this discrimination that may be based on gender, caste creed, color, regional or cultural segregation and similar factors needs to change and the state has a large role to play in it, in addition to the international community at large. In combining these two approaches, it will be seen that equality means equality in spite of not having the ability to contribute equally for any reason whatsoever (Arbour, 2007).
It would be easiest to understand the discrimination as is seen in the corporate world or even the more rigorous sports field where lesser number of women are seen occupying the most elite echelons by way of positions as well as the returns (financial or otherwise). Such a comprehension leads by implication to the meaning of the coining of 'non-discrimination, awarded against the same tasks or activities performed by both the genders. The very same discrimination is seen in case of people with disabilities, physical or mental and psychological. Thus, even if the regulations proclaim equality and non-discrimination, all sections of the society are unable to enjoy the full benefits accrued by them and require the intervention of 'preferential' treatment for them to enjoy equal opportunities in a tangible way (Arbour, 2007).
In this paper, we will thus focus on how two specific UN treaty monitoring bodies approach the issue of quality and nondiscrimination and how they then tackle the issue of violence against women within the...
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