This document provides an overview of the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses the history and development of CEDAW, including its adoption by the UN General Assembly in 1979. It also outlines some of the key aspects and provisions of CEDAW, such as its broad definition of discrimination against women. Additionally, it notes some shortcomings of CEDAW, like weak enforcement mechanisms and issues around state reservations.
The document discusses dower, or mahr, which is money or property a wife is entitled to receive from her husband at marriage under Islamic law. It notes that dower is a debt the husband owes the wife, and she can refuse relations with him or sue for payment if he does not pay. Dower is the only right of a woman that cannot be taken away. A dower can have prompt and deferred portions. The document provides examples and quotes passages from the Quran related to dower.
Abstract: Malaysia is a multi-ethnic and multi-cultural country where heterogeneous groups of people follow different religions peacefully. This land was previously ruled by Dutch, Portuguese and English colonisers who left huge influences in framing its plural legal systems. The objective of this study is to analyze the influences of ancestral customs and norms that have been practiced along with the introduction of Islamic principles and the recognition of English laws in Malay and Borneo-islands and their impact on framing the current legal system of Malaysia. It will investigate if different cultures have influenced the adoption and development of legal systems in Malaysia. This study will also look at the changes in Malay culture because of the adoption of different legal systems and will analyse the factors that may have encouraged the Malay Sultans to accept different laws into their own states. This article will also identify the reasons why orthodox people willingly abide by this plural legal system in settling their daily disputes in different courts. Data from journals and books have been taken into consideration in undertaking this study. It has also sifted through some prominent decisions of the judges. After considering all materials, this study advocates that, the federal laws of Malaysia are the combination of three principles: the common laws (applicable to all citizens in civil and criminal matters), the Shariah (applicable for Muslims especially in matrimonial matters) and the Native laws (for the indigenous people of Sabah and Sarawak). This study will look into how the state authority as well as the federal government manages and controls these plural court systems within a federal territory.
Key Words: Legal Pluralism, Legal System, Civil Courts, Shariah Courts & Native Courts.
MALAYSIAN LEGAL SYSTEM Sources of law - administration of islamic law in mal...xareejx
This document discusses the jurisdiction of Syariah courts in Malaysia. It outlines that Syariah courts have exclusive jurisdiction over matters pertaining to Islamic law for Muslims, as conferred by state enactments. It also discusses a key case that established that matters of apostasy (conversion out of Islam) fall under the implicit jurisdiction of Syariah courts, even if not explicitly stated in enactments.
1. Jual janji is a traditional Malay practice where land is transferred to a lender as security for a loan, with the understanding that it will be returned to the borrower upon repayment.
2. Malaysian courts initially treated jual janji strictly as a sale, ignoring evidence it was intended as security. However, exceptions developed where time was not of the essence or the lender evaded repayment.
3. Recent cases and the National Land Code have recognized jual janji can operate as an equitable security transaction, balancing title rights with contractual obligations.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
The document discusses dower, or mahr, which is money or property a wife is entitled to receive from her husband at marriage under Islamic law. It notes that dower is a debt the husband owes the wife, and she can refuse relations with him or sue for payment if he does not pay. Dower is the only right of a woman that cannot be taken away. A dower can have prompt and deferred portions. The document provides examples and quotes passages from the Quran related to dower.
Abstract: Malaysia is a multi-ethnic and multi-cultural country where heterogeneous groups of people follow different religions peacefully. This land was previously ruled by Dutch, Portuguese and English colonisers who left huge influences in framing its plural legal systems. The objective of this study is to analyze the influences of ancestral customs and norms that have been practiced along with the introduction of Islamic principles and the recognition of English laws in Malay and Borneo-islands and their impact on framing the current legal system of Malaysia. It will investigate if different cultures have influenced the adoption and development of legal systems in Malaysia. This study will also look at the changes in Malay culture because of the adoption of different legal systems and will analyse the factors that may have encouraged the Malay Sultans to accept different laws into their own states. This article will also identify the reasons why orthodox people willingly abide by this plural legal system in settling their daily disputes in different courts. Data from journals and books have been taken into consideration in undertaking this study. It has also sifted through some prominent decisions of the judges. After considering all materials, this study advocates that, the federal laws of Malaysia are the combination of three principles: the common laws (applicable to all citizens in civil and criminal matters), the Shariah (applicable for Muslims especially in matrimonial matters) and the Native laws (for the indigenous people of Sabah and Sarawak). This study will look into how the state authority as well as the federal government manages and controls these plural court systems within a federal territory.
Key Words: Legal Pluralism, Legal System, Civil Courts, Shariah Courts & Native Courts.
MALAYSIAN LEGAL SYSTEM Sources of law - administration of islamic law in mal...xareejx
This document discusses the jurisdiction of Syariah courts in Malaysia. It outlines that Syariah courts have exclusive jurisdiction over matters pertaining to Islamic law for Muslims, as conferred by state enactments. It also discusses a key case that established that matters of apostasy (conversion out of Islam) fall under the implicit jurisdiction of Syariah courts, even if not explicitly stated in enactments.
1. Jual janji is a traditional Malay practice where land is transferred to a lender as security for a loan, with the understanding that it will be returned to the borrower upon repayment.
2. Malaysian courts initially treated jual janji strictly as a sale, ignoring evidence it was intended as security. However, exceptions developed where time was not of the essence or the lender evaded repayment.
3. Recent cases and the National Land Code have recognized jual janji can operate as an equitable security transaction, balancing title rights with contractual obligations.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Private international law (PIL), also known as conflict of laws, deals with legal disputes that involve a foreign element between private parties. It is the branch of domestic law that determines which jurisdictions' laws apply when legal issues cross international borders. PIL establishes rules for choice of jurisdiction, choice of applicable law, and recognition and enforcement of foreign judgments. The key aspects are that PIL is part of a state's domestic legal system but applies when a case contains international factors outside that legal system.
The Office of the Ombudsman was established to oversee public administration and deal with complaints about maladministration. Maladministration is not explicitly defined in law but refers broadly to "when things go wrong" in administration. It includes actions taken without proper authority, on irrelevant grounds, through negligence, based on erroneous or incomplete information, in an improperly discriminatory manner, based on undesirable practices, or contrary to fair administration. Maladministration can result from issues like delay, rudeness, bias, faulty procedures, misleading advice, refusal to answer questions, unfair treatment, or failure to inform of appeal rights. When maladministration is found, the ombudsman may recommend redress like apologies, procedure changes,
useful judgment of probation of offender actarjun randhir
This document discusses judicial pronouncements related to the Probation of Offenders Act and Section 360 of the CrPC. It provides summaries of key sections of the Acts and discusses 7 cases related to granting or denying probation under the Acts. The document aims to provide useful guidance on the proper application and interpretation of provisions regarding probation of offenders.
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
Constitutional validity of section 497 ipc Shantanu Basu
This document examines the constitutional validity of Section 497 of the Indian Penal Code, which defines and punishes adultery. It provides a historical overview of adultery laws from ancient codes to modern statutes. It discusses how adultery is addressed in key Indian laws like the Hindu Marriage Act, the Indian Penal Code, and the Criminal Procedure Code. It analyzes how courts have interpreted these laws over time, both upholding and questioning the laws on grounds of discrimination. The document concludes by discussing recommendations to reform India's adultery laws.
Battery is the criminal offense of unlawful physical contact with another person with intent to cause harm. It can be a misdemeanor or felony depending on circumstances. To prove battery, the prosecution must show: 1) unlawful force was applied to the victim without consent, 2) the act was done to another person, and 3) the act caused harmful or offensive contact with intent or recklessness. Resisting arrest and obstructing a police officer in their duties are also offenses. Resisting arrest involves fleeing, threatening, or struggling with an officer during an arrest. The officer must be lawfully executing their duties for obstruction to apply. Self-defense or an unlawful arrest are defenses against resisting arrest charges.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The document summarizes the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses that CEDAW is an international treaty that comprehensively addresses women's human rights. It guarantees women equal rights to education, health, family planning, parenting, employment, freedom from violence and discrimination. The Philippines has ratified CEDAW and created the Philippine Commission on Women to promote its implementation, though challenges remain.
This document discusses the challenges of achieving women's full inclusion and equal rights under international human rights law. While non-discrimination is an essential component, it reinforces the idea that women are measured against men's rights and the "universal subject" is implicitly male. Efforts like CEDAW and gender mainstreaming have helped address this marginalization, but conceptual problems remain, such as dualistic conceptions of gender and the risk of reconstituting gender stereotypes. Recent attention to discrimination based on gender identity opens new opportunities to shift harmful stereotypes embedded in ideas of universal human rights.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.
Private international law (PIL), also known as conflict of laws, deals with legal disputes that involve a foreign element between private parties. It is the branch of domestic law that determines which jurisdictions' laws apply when legal issues cross international borders. PIL establishes rules for choice of jurisdiction, choice of applicable law, and recognition and enforcement of foreign judgments. The key aspects are that PIL is part of a state's domestic legal system but applies when a case contains international factors outside that legal system.
The Office of the Ombudsman was established to oversee public administration and deal with complaints about maladministration. Maladministration is not explicitly defined in law but refers broadly to "when things go wrong" in administration. It includes actions taken without proper authority, on irrelevant grounds, through negligence, based on erroneous or incomplete information, in an improperly discriminatory manner, based on undesirable practices, or contrary to fair administration. Maladministration can result from issues like delay, rudeness, bias, faulty procedures, misleading advice, refusal to answer questions, unfair treatment, or failure to inform of appeal rights. When maladministration is found, the ombudsman may recommend redress like apologies, procedure changes,
useful judgment of probation of offender actarjun randhir
This document discusses judicial pronouncements related to the Probation of Offenders Act and Section 360 of the CrPC. It provides summaries of key sections of the Acts and discusses 7 cases related to granting or denying probation under the Acts. The document aims to provide useful guidance on the proper application and interpretation of provisions regarding probation of offenders.
conflict happened between civil courts and syariah courts because civil court interfere syariah court jurisdiction and also happened civil court over ruled the decision of syariah court.The amendment of (1A) had been added to article 121 to specific the jurisdiction of syariah court.
This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
Constitutional validity of section 497 ipc Shantanu Basu
This document examines the constitutional validity of Section 497 of the Indian Penal Code, which defines and punishes adultery. It provides a historical overview of adultery laws from ancient codes to modern statutes. It discusses how adultery is addressed in key Indian laws like the Hindu Marriage Act, the Indian Penal Code, and the Criminal Procedure Code. It analyzes how courts have interpreted these laws over time, both upholding and questioning the laws on grounds of discrimination. The document concludes by discussing recommendations to reform India's adultery laws.
Battery is the criminal offense of unlawful physical contact with another person with intent to cause harm. It can be a misdemeanor or felony depending on circumstances. To prove battery, the prosecution must show: 1) unlawful force was applied to the victim without consent, 2) the act was done to another person, and 3) the act caused harmful or offensive contact with intent or recklessness. Resisting arrest and obstructing a police officer in their duties are also offenses. Resisting arrest involves fleeing, threatening, or struggling with an officer during an arrest. The officer must be lawfully executing their duties for obstruction to apply. Self-defense or an unlawful arrest are defenses against resisting arrest charges.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The document summarizes the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses that CEDAW is an international treaty that comprehensively addresses women's human rights. It guarantees women equal rights to education, health, family planning, parenting, employment, freedom from violence and discrimination. The Philippines has ratified CEDAW and created the Philippine Commission on Women to promote its implementation, though challenges remain.
This document discusses the challenges of achieving women's full inclusion and equal rights under international human rights law. While non-discrimination is an essential component, it reinforces the idea that women are measured against men's rights and the "universal subject" is implicitly male. Efforts like CEDAW and gender mainstreaming have helped address this marginalization, but conceptual problems remain, such as dualistic conceptions of gender and the risk of reconstituting gender stereotypes. Recent attention to discrimination based on gender identity opens new opportunities to shift harmful stereotypes embedded in ideas of universal human rights.
CEDAW is the United Nations Women's Equality Treaty.
The United States is the only industrialized nation that has not ratified it. Louisville is part of a national movement called Cities for CEDAW that aims for local implementation of the principles of the treaty. There is so much work to be done to protect and empower girls and women in Louisville, in Kentucky, in the U.S. and all around the world. Contact Rev. Mary Sue Barnett to endorse the coalition and to join the movement.
This document provides an overview of the emergence and development of women's human rights. It discusses how women's rights have evolved from general human rights principles to include rights specific to women's experiences. It outlines key instruments and events that have defined and expanded women's rights, from the initial UN human rights framework in the 1940s-1970s to specialized conventions like CEDAW in the 1980s. The document also notes ongoing challenges to fully realizing women's human rights, such as addressing private sphere issues and achieving universal agreement on emerging rights.
Abortion As A Human Rights International And Regional StandardsMiranda Anderson
This document summarizes developments in international and regional human rights law supporting women's right to abortion. It discusses how treaty monitoring bodies have interpreted human rights treaties to protect women's right to safe and legal abortion. It also discusses the African Women's Protocol, the only legally binding instrument that explicitly protects abortion as a human right. Finally, it discusses a recent landmark decision by the Council of Europe recognizing access to abortion as a human right.
The document discusses how major spiritual and faith traditions promote peace. It outlines common peace teachings like rejecting violence, compassion for all, respect for human dignity and justice. The Golden Rule of treating others as you wish to be treated is found across traditions. Upholding human dignity and rights, as defined in documents like the Universal Declaration of Human Rights and the Convention on Eliminating Discrimination Against Women, are important principles discussed in the document. It also discusses children's rights as defined by the Convention on the Rights of the Child.
This document discusses the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its effectiveness in achieving its goal of eliminating discrimination against women. It argues that while CEDAW has been successful in bringing women's rights to the forefront and leading to some positive changes, reservations made by states have ultimately undermined its ability to fully eliminate discrimination. The document provides examples of both successes, like new laws in India and Turkey, and ongoing issues, like continued violence and lack of full implementation. It concludes that while CEDAW has advanced discourse, reservations have prevented it from achieving its central aim of eliminating all discrimination against women.
Women and Social Movements, International 1840 to Present - Conference Procee...ProQuest
The Women and Social Movements Library consists of the conference proceedings from more than 400 transnational conferences organized by and about women since 1840. Many themes include: the promotion of women’s legal and civil rights, access to jobs and education, provisions for women’s health, and building women’s networks and collective voices through conferences and journals.
The document discusses the protection of human rights at the universal, national, and regional levels. It outlines the key international instruments that establish and promote human rights, including the UN Charter, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights. It also describes the primary UN bodies that work on human rights issues, such as the Human Rights Commission and its sub-committees. Finally, it discusses some regional human rights frameworks in Europe, Africa, the Americas, and the Arab world.
The document discusses the institutional framework for protecting human rights in India. It outlines several bodies that work to promote and protect human rights at both the national and international levels, including the UN Economic and Social Council (ECOSOC), UNESCO, the National Human Rights Commission of India, State Human Rights Commissions, the National Commission for Women, and the Commission for the Rights of the Child. It provides information on the composition, functions, and complaint procedures of these organizations.
This document provides background information on South Africa's reporting on and implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It discusses South Africa's constitutional mandate regarding gender equality, the functions of the Commission for Gender Equality, an overview of CEDAW and South Africa's reporting history, an assessment of compliance with CEDAW articles 1-5, and recommendations to strengthen implementation of articles 6 and 7 on exploitation of women and political participation. In under 3 sentences, it summarizes South Africa's progress and ongoing gaps in upholding women's rights as outlined in CEDAW.
The document discusses gender and human rights from various perspectives. It begins by defining human rights and outlining the Universal Declaration of Human Rights. It then discusses criticisms of the UDHR regarding its lack of consideration for women's and LGBT rights. The document also examines various international agreements aimed at promoting gender equality and women's rights, such as CEDAW, UN Resolution 1325, and the Maputo Protocol. However, it notes that in reality discrimination and violations of women's rights continue to persist. The document also discusses views on gender and human rights from an Islamic perspective.
1. The Geneva Consensus Declaration was signed by ministers and representatives to promote women's health and strengthen families.
2. It reaffirms equal rights and dignity for all, the right to life, and that health encompasses physical, mental and social well-being.
3. The document commits to ensuring access to health services for women, supporting families, and engaging internationally to realize universal human rights and health for all.
The document discusses various topics related to human rights of women and children in India and internationally. It provides details on international conventions for eliminating discrimination against women and protecting children's rights. It also summarizes India's constitutional provisions for equal treatment of women and prohibiting child labor. Institutional mechanisms for protecting human rights in India, such as the National Human Rights Commission and Human Rights Courts, are also outlined.
The legality of human rights law in the lives of 'originals' in india.Devarshi Sen Deka
The 'legalization of a human right norm into Human rights in International Law at the backdrop of UNDRIP and 'Right to Development' in the lives of the Originals in India.'
Every Act of the Parliament commences with a preamble which consists of the introductory words “An Act to……†followed by words briefly describing its objects. The preamble of a statute may be relied upon as aid to the understanding of the meaning thereof or for determining general object and intention of the Parliament in passing the enactment, but the preamble cannot control the express clear language and sweep of the operating provisions of such an instrument. When the language, object and the scope of the Act are not open to doubt, the enacting part cannot be restricted, extended or modified, by reference either to the title or preamble. Preamble is evidence of thought process of representatives. The practice of inserting elaborate preambles in Acts of the parliament has not disappeared and it is now regarded as well settled law that a preamble neither cuts down nor restricts, nor extends, nor enlarges the enacting part, when the language, scope and objf such part are clear and unambiguous. According to the preamble, this is an act to provide for more effective protection of the rights of women. Geetika Sood | Avrida Jan ""Object and Reasons of Domestic Violence Act"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019,
URL: https://www.ijtsrd.com/papers/ijtsrd24052.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/24052/object-and-reasons-of-domestic-violence-act/geetika-sood
The document discusses human rights in Pakistan, outlining the basis of human rights as standards that accord to humans based on their humanity. It notes several issues regarding human rights violations in Pakistan, including healthcare access, women's rights, and child labor. The document concludes by discussing various methods that could help protect human rights, such as education, police/military training, independent judiciary, and work by international organizations.
Constitutional Value and Principles of the Right to water: A comparative Study.inventionjournals
Water is the essence of life, while safe drinking water and sanitation are indispensable to sustain life and health, and fundamental to the dignity of all.1 However, the right to water or the right to have access to water is mentioned by name in a few international instruments, notwithstanding its importance. It is nevertheless essential to note that there are legal instruments within continents and nation-states in the world that give explicit recognition to water as a fundamental human right, Such as South Africa. Access to safe drinking water is essential for to the enjoyment of safety and environment that is not hazardous to human health. Water services are of outmost important to health and wellbeing of all people.
The document summarizes the evolution of environmental laws and policies in India across four time periods from pre-independence to 1998. Key milestones included the 1972 Stockholm Conference and 1984 Bhopal gas tragedy. Major laws passed include the Water and Air Pollution Acts of 1974/1981, Forest Conservation Act of 1980, and Environment Protection Act of 1986, the most comprehensive framework. The Constitution also added environmental protection duties. International conferences influenced India to strengthen protections.
The document summarizes the key aspects of the Environment Protection Act of 1986 in India. It discusses:
1) The evolution of environmental laws in India from pre-independence to the present, highlighting important conferences and events that influenced policy.
2) The main provisions and chapters of the Environment Protection Act of 1986, which aim to empower the central government to prevent and control pollution, protect the environment, and establish standards and procedures for handling hazardous substances and industrial waste.
3) Punishments outlined in the Act for violations, including fines and imprisonment, as well as vicarious liability for companies and government departments.
The summary provides a high-level overview of the context and main components of the Environment Protection
This document discusses the choice of techniques for development projects in developing countries. It examines labor intensive versus capital intensive techniques and argues that a combination of both is needed. Labor intensive techniques are recommended for agriculture and consumer goods to maximize employment while capital intensive techniques are best for heavy industry and infrastructure to maximize growth. The document also discusses approaches to choosing techniques, including using abandoned equipment from advanced countries and developing intermediate technologies. The conclusion is that the optimal choice depends on maximizing total output given available resources and their proportions.
This document discusses taxation laws related to income from other sources in India. It provides an overview of key topics including the definition of income from other sources, examples of such income like dividends, lottery winnings, interest income, rental income. It discusses the taxation treatment of various types of dividends including deemed dividends. It also outlines deductions that can be claimed against income from other sources and amounts that are expressly disallowed. The document contains information on taxation of various other income streams like winnings, interest income and is intended to provide a comprehensive overview of the subject to the requester.
This document discusses labor protections for unorganized sector workers in India. It begins with an introduction that defines the organized and unorganized sectors. It then discusses the major characteristics of unorganized laborers, including lack of stable employment and employer-employee relationships. The document outlines some labor laws and welfare schemes intended to protect unorganized workers, but notes they have had limited impact. It concludes by discussing recent efforts like the 2008 Unorganized Workers' Social Security Act to expand social security coverage for unorganized sector workers.
This document summarizes a research project on gait analysis in forensic science. It includes:
1) An introduction describing gait as human locomotion and the need for gait analysis in forensic investigations.
2) Descriptions of the key components of gait including the gait cycle, phases of gait, determinants of gait, and gait recognition techniques.
3) An example case analysis using gait evidence in a criminal trial.
The document provides an overview of gait analysis as it applies to forensic science, outlining important gait concepts and terminology as well as the relevance and potential applications of gait evidence in legal cases.
This presentation discusses gait analysis in forensic science. It defines gait as human locomotion and walking, and explains that gait is unique to each individual. Forensic gait analysis studies footprints and video footage to identify gait features and patterns. Key gait characteristics like step length, stride, and cadence can be used to identify a person. The gait cycle and its phases of stance and swing are also described. Factors like age, gender, height and injuries can affect a person's gait. Case law examples demonstrate how gait evidence has been used to identify suspects in criminal cases.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Lifting the Corporate Veil. Power Point Presentationseri bangash
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2. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 2
TABLE OF CONTENTS
1. ACKNOWLEDGMENT
2. INTRODUCTION
3. HISTORY OF CEDAW
4. OVERVIEW OF THE CONVENTION
5. INDIA AND CEDAW
6. INITIATIVE BY THE INDIAN JUDICIARY
7. SHORTCOMINGS OF THE CONVENTION :
A) WEAK ENFORCEMENT MECHANISMS
B) RESERVATIONS
8. CONCLUSION
9. BIBLIOGRAPHY
3. INTERNATIONAL HUMAN RIGHTS || 9TH
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ACKNOWLEDGMENT
FIRST OF ALL, I WOULD LIKE TO THANK MY SUBJECT TEACHER MS. SHALU FOR
GIVING ME THIS PROJECT AND HELPING ME THROUGH THE COMPLETION OF IT, BY
GIVING TACTFUL OUTLINES. I HAVE LEARNT A LOT THROUGH HER LECTURES. I
WOULD ALSO THANK OUR LIBRARY STAFF FOR PROVIDING ME WITH RESOURCEFUL
BOOKS.
ACKNOWLEDGED BY :
NUPUR WALIA
38/10
4. INTERNATIONAL HUMAN RIGHTS || 9TH
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INTRODUCTION
BEYOND GENERAL HUMAN RIGHTS INSTRUMENTS, THERE ARE A FEW VERY IMPORTANT SPECIALIZED
TREATIES RELATING TO EQUALITY AND NON-DISCRIMINATION. THE TWO INSTRUMENTS THAT COME TO MIND
FOREMOST IN THIS REGARD ARE THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF
RACIAL DISCRIMINATION (ICERD, 1966) AND THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW, 1979), ALSO KNOWN AS THE WOMEN'S CONVENTION. UDHR
ALSO STATES THAT ALL HUMAN BEINGS ARE BORN FREE AND EQUAL IN DIGNITY AND RIGHTS AND THAT
EVERYONE IS ENTITLED TO ALL THE RIGHTS AND FREEDOM SET FORTH THEREIN, WITHOUT DISTINCTION OF ANY
KIND, INCLUDING DISTINCTION BASED ON SEX.1
THIS PROJECT BASICALLY DEALS WITH CEDAW.2
CEDAW PROVIDES A BROAD DEFINITION OF DISCRIMINATION AGAINST WOMEN, ILLUSTRATING THE
POINT MADE THAT INTERNATIONAL LAW OFTEN PROVIDES BROADER PROTECTIONS THAN DOMESTIC LAW.
CEDAW EXPANDS THE NOTION OF EQUALITY FOR WOMEN BEYOND THAT CURRENTLY EMBRACED BY MOST
NATIONAL LAWS. UNDER CEDAW, THE TERM 'DISCRIMINATION AGAINST WOMEN' SHALL MEAN ANY
DISTINCTION, EXCLUSION OR RESTRICTION MADE ON THE BASIS OF SEX WHICH HAS THE EFFECT OR PURPOSE OF
IMPAIRING OR NULLIFYING THE RECOGNITION, ENJOYMENT OR EXERCISE BY WOMEN, IRRESPECTIVE OF THEIR
MARITAL STATUS, ON A BASIS OF EQUALITY OF MEN AND WOMEN, OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN THE POLITICAL, ECONOMIC, SOCIAL, CULTURAL, CIVIL OR ANY OTHER FIELD.3
THE TREATY
PROVIDES FOR WOMEN'S RIGHTS IN VARIOUS ARENAS SUCH AS GOVERNMENT AND POLITICAL LIFE, EDUCATION,
EMPLOYMENT HEALTH CARE, AND OTHER AREAS OF SOCIAL AND ECONOMIC LIFE. IT ALSO PROVIDES FOR
SPECIAL PROTECTIONS FOR WOMEN SUCH AS "TEMPORARY SPECIAL MEASURES" TO ADVANCE WOMEN AND TO
PROTECT MATERNITY. AT PRESENT, THERE ARE 186 MEMBER STATES AND 98 SIGNATORIES OF CEDAW. LIKE
ALL SPECIALIST TREATIES, THE CEDAW IS MONITORED BY AN EXPERT COMMITTEE NAMELY COMMITTEE ON
THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (HEREINAFTER, THE ‘COMMITTEE'.)4
HOWEVER, THE MAIN AIM OF CEDAW, I.E., REVAMPING THE WEAK MECHANISM FOR PROTECTION OF
HUMAN RIGHTS OF WOMANKIND WOULD HAVE BEEN HARD TO ACHIEVE WITHOUT THE ELABORATION OF THE
OPTIONAL PROTOCOL TO THE CONVENTION. THE SHORTCOMINGS OF CEDAW COULD ONLY BE RECTIFIED
THROUGH THE ADOPTION OF THIS OPTIONAL PROTOCOL. SINCE 1997, THE COMMITTEE HAS MET TWICE A YEAR
(FOR A TOTAL OF FOUR WEEKS). AN OPTIONAL PROTOCOL WAS DRAFTED IN 1999 TO PROVIDE A COMPLAINT
PROCESS FOR INDIVIDUALS TO PETITION THE COMMITTEE REGARDING VIOLATIONS BY STATES PARTIES. THE
OPTIONAL PROTOCOL ENTERED INTO FORCE IN DECEMBER OF 2000. THE OPTIONAL PROTOCOL ALSO GIVES
THE COMMITTEE THE POWER TO EXAMINE GRAVE OR SYSTEMATIC VIOLATIONS BY A STATE PARTY, INCLUDING
A VISIT TO THE STATE. HOWEVER, THE COMMITTEE MUST ‘INVITE' THE COOPERATION OF THE STATE WITH THE
1
Brownlie Ian & Gill Guy S. Goodwin, Brownlie’s Documents on Human Rights, Oxford University Press,
6th
Ed., New York, 2010, Pg 429
2
Mishra Sujata, Women’s Health and Social Issues, Arise Publishers & Distributors, 1st
Ed., New Delhi,
2011, pg 42
3
Article 1 of the Convention defines Discrimination against women
4
HTTP://WWW.LAWTEACHER.NET/INTERNATIONAL-LAW/ESSAYS/AN-ANALYSIS-OF-THE-CEDAW.PHP (last visited
on 13th October, 2014 at 5:42 p.m.)
5. INTERNATIONAL HUMAN RIGHTS || 9TH
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INQUIRY AND THE STATE PARTY MUST CONSENT TO ANY VISIT. THE INQUIRY MUST ALSO BE CONDUCTED
CONFIDENTIALLY. ALTHOUGH NO RESERVATIONS ARE ALLOWED TO THE OPTIONAL PROTOCOL, STATES CAN
OPT OUT OF THIS INQUIRY PROCEDURE. CURRENTLY IT HAS 79 SIGNATORIES AND 98 PARTIES.5
HISTORY OF CEDAW6
EQUALITY OF RIGHTS FOR WOMEN IS A BASIC PRINCIPLE OF THE UNITED NATIONS. THE PREAMBLE TO
THE CHARTER OF THE UNITED NATIONS SETS AS ONE OF THE ORGANIZATION'S CENTRAL GOALS THE
REAFFIRMATION OF "FAITH IN FUNDAMENTAL HUMAN RIGHTS, IN THE DIGNITY AND WORTH OF THE HUMAN
PERSON, IN THE EQUAL RIGHTS OF MEN AND WOMEN". ARTICLE 1 PROCLAIMS THAT ONE OF THE PURPOSES OF
THE UNITED NATIONS IS TO ACHIEVE INTERNATIONAL COOPERATION IN PROMOTING AND ENCOURAGING
RESPECT FOR HUMAN RIGHTS AND FOR FUNDAMENTAL FREEDOMS FOR ALL WITHOUT DISTINCTION AS TO, INTER
ALIA, SEX. BY THE TERMS OF THE CHARTER, THE FIRST INTERNATIONAL INSTRUMENT TO REFER SPECIFICALLY
TO HUMAN RIGHTS AND TO THE EQUAL RIGHTS OF MEN AND WOMEN, ALL MEMBERS OF THE UNITED NATIONS
ARE LEGALLY BOUND TO STRIVE TOWARDS THE FULL REALIZATION OF ALL HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS. THE STATUS OF HUMAN RIGHTS, INCLUDING THE GOAL OF EQUALITY BETWEEN WOMEN AND MEN,
IS THEREBY ELEVATED: A MATTER OF ETHICS BECOMES A CONTRACTUAL OBLIGATION OF ALL GOVERNMENTS
AND OF THE UN.
THE INTERNATIONAL BILL OF HUMAN RIGHTS STRENGTHENS AND EXTENDS THIS EMPHASIS ON THE
HUMAN RIGHTS OF WOMEN. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, BOTH OF 1966, WHICH TRANSLATE
THE PRINCIPLES OF THE DECLARATION INTO LEGALLY BINDING FORM, CLEARLY STATE THAT THE RIGHTS SET
FORTH ARE APPLICABLE TO ALL PERSONS WITHOUT DISTINCTION OF ANY KIND AND, AGAIN, PUT FORTH SEX AS
SUCH A GROUND OF IMPERMISSIBLE DISTINCTION. IN ADDITION, EACH COVENANT SPECIFICALLY BINDS
ACCEDING OR RATIFYING STATES TO UNDERTAKE TO ENSURE THAT WOMEN AND MEN HAVE EQUAL RIGHT TO
THE ENJOYMENT OF ALL THE RIGHTS THEY ESTABLISH.
THE INTERNATIONAL BILL OF HUMAN RIGHTS, COMBINED WITH RELATED HUMAN RIGHTS TREATIES,
THUS LAYS DOWN A COMPREHENSIVE SET OF RIGHTS TO WHICH ALL PERSONS, INCLUDING WOMEN, ARE
ENTITLED. HOWEVER, THE FACT OF WOMEN'S HUMANITY PROVED INSUFFICIENT TO GUARANTEE THEM THE
ENJOYMENT OF THEIR INTERNATIONALLY AGREED RIGHTS. SINCE ITS ESTABLISHMENT, THE COMMISSION ON
THE STATUS OF WOMEN (CSW) HAS SOUGHT TO DEFINE AND ELABORATE THE GENERAL GUARANTEES OF NON-
DISCRIMINATION IN THESE INSTRUMENTS FROM A GENDER PERSPECTIVE. THE WORK OF CSW HAS RESULTED IN
A NUMBER OF IMPORTANT DECLARATIONS AND CONVENTIONS THAT PROTECT AND PROMOTE THE HUMAN
RIGHTS OF WOMEN.
ORIGINALLY ESTABLISHED IN 1946 AS A SUB COMMISSION OF THE COMMISSION ON HUMAN RIGHTS,
BUT QUICKLY GRANTED THE STATUS OF FULL COMMISSION AS A RESULT OF THE PRESSURE EXERTED BY
5
Supra note 4
6
http://www.un.org/womenwatch/daw/cedaw/ (last visited on 20th
October 2014 at 6:06 p.m.)
6. INTERNATIONAL HUMAN RIGHTS || 9TH
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WOMEN'S ACTIVISTS, THE MANDATE OF THE CSW INCLUDED THE PREPARATION OF RECOMMENDATIONS
RELATING TO URGENT PROBLEMS REQUIRING IMMEDIATE ATTENTION IN THE FIELD OF WOMEN'S RIGHTS WITH
THE OBJECT OF IMPLEMENTING THE PRINCIPLE THAT MEN AND WOMEN SHOULD HAVE EQUAL RIGHTS, AND THE
DEVELOPMENT OF PROPOSALS TO GIVE EFFECT TO SUCH RECOMMENDATIONS. BETWEEN 1949 AND 1959, THE
COMMISSION ELABORATED THE CONVENTION ON THE POLITICAL RIGHTS OF WOMEN, ADOPTED BY THE
GENERAL ASSEMBLY ON 20 DECEMBER 1952, THE CONVENTION ON THE NATIONALITY OF MARRIED WOMEN,
ADOPTED BY THE ASSEMBLY ON 29 JANUARY 1957, THE CONVENTION ON CONSENT TO MARRIAGE, MINIMUM
AGE FOR MARRIAGE AND REGISTRATION OF MARRIAGES ADOPTED ON 7 NOVEMBER 1962, AND THE
RECOMMENDATION ON CONSENT TO MARRIAGE, MINIMUM AGE FOR MARRIAGE AND REGISTRATION OF
MARRIAGES ADOPTED ON 1 NOVEMBER 1965. EACH OF THESE TREATIES PROTECTED AND PROMOTED THE
RIGHTS OF WOMEN IN AREAS IN WHICH THE COMMISSION CONSIDERED SUCH RIGHTS TO BE PARTICULARLY
VULNERABLE. BUT IT WAS BELIEVED THAT, EXCEPT IN THOSE AREAS, WOMEN'S RIGHTS WERE BEST PROTECTED
AND PROMOTED BY THE GENERAL HUMAN RIGHTS TREATIES.
THE TEXT OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN WAS PREPARED BY WORKING GROUPS WITHIN THE COMMISSION DURING 1976 AND EXTENSIVE
DELIBERATIONS BY A WORKING GROUP OF THE THIRD COMMITTEE OF THE GENERAL ASSEMBLY FROM 1977 TO
1979. DRAFTING WORK WITHIN THE COMMISSION WAS ENCOURAGED BY THE WORLD PLAN OF ACTION FOR
THE IMPLEMENTATION OF THE OBJECTIVES OF THE INTERNATIONAL WOMEN'S YEAR, ADOPTED BY THE WORLD
CONFERENCE OF THE INTERNATIONAL WOMEN'S YEAR HELD IN MEXICO CITY IN 1975, WHICH CALLED FOR A
CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN, WITH EFFECTIVE PROCEDURES FOR
ITS IMPLEMENTATION. WORK WAS ALSO ENCOURAGED BY THE GENERAL ASSEMBLY WHICH HAD URGED THE
COMMISSION ON THE STATUS OF WOMEN TO FINISH ITS WORK BY 1976, SO THAT THE CONVENTION WOULD BE
COMPLETED IN TIME FOR THE 1980 COPENHAGEN MID-DECADE REVIEW CONFERENCE (WORLD CONFERENCE ON
THE UNITED NATIONS DECADE FOR WOMEN: EQUALITY, DEVELOPMENT AND PEACE). ALTHOUGH
SUGGESTIONS WERE MADE TO DELAY COMPLETION OF THE TEXT FOR ANOTHER YEAR, THE CONVENTION ON
THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN WAS ADOPTED BY THE GENERAL
ASSEMBLY IN 1979 BY VOTES OF 130 TO NONE, WITH 10 ABSTENTIONS. IN RESOLUTION 34/180, IN WHICH THE
GENERAL ASSEMBLY ADOPTED THE CONVENTION, THE ASSEMBLY EXPRESSED THE HOPE THAT THE
CONVENTION WOULD COME INTO FORCE AT AN EARLY DATE AND REQUESTED THE SECRETARY-GENERAL TO
PRESENT THE TEXT OF THE CONVENTION TO THE MID-DECADE WORLD CONFERENCE OF THE UNITED NATIONS
DECADE FOR WOMEN.
AT THE SPECIAL CEREMONY THAT TOOK PLACE AT THE COPENHAGEN CONFERENCE ON 17 JULY 1980,
64 STATES SIGNED THE CONVENTION AND TWO STATES SUBMITTED THEIR INSTRUMENTS OF RATIFICATION. ON
3 SEPTEMBER 1981, 30 DAYS AFTER THE TWENTIETH MEMBER STATE HAD RATIFIED IT, THE CONVENTION
ENTERED INTO FORCE - FASTER THAN ANY PREVIOUS HUMAN RIGHTS CONVENTION HAD DONE - THUS BRINGING
TO A CLIMAX UNITED NATIONS EFFORTS TO CODIFY COMPREHENSIVELY INTERNATIONAL LEGAL STANDARDS
FOR WOMEN.
7. INTERNATIONAL HUMAN RIGHTS || 9TH
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OVERVIEW OF THE CONVENTION7
IN THE FIRST PART OF THE CEDAW CONVENTION, WHICH CONSISTS OF 16 ARTICLES, DISCRIMINATION
IS DEFINED, AND THERE IS A LIST OF SITUATIONS OR ENVIRONMENTS IN WHICH WOMEN MAY BE DISCRIMINATED
AGAINST, INCLUDING IN POLITICS, THE ECONOMY, LABOR, EDUCATION AND HEALTH.
THE CONVENTION'S CONTENT, MORE THAN SIMPLY DEFINING WOMEN'S HUMAN RIGHTS, STRESSES TWO
CONCEPTS: EQUALITY BETWEEN THE SEXES AS A BASIC OBJECTIVE, AND THE NECESSITY OF ELIMINATING
DISCRIMINATION AS AN ULTIMATE GOAL.
OVER TIME, THE CONCEPT OF EQUALITY HAS EVOLVED. FOR THE THEORISTS OF THE FRENCH
REVOLUTION, EQUALITY INVOLVED TWO MAIN IDEAS: A) EQUALITY OF ALL CITIZENS BEFORE THE LAW; AND B)
ABOLITION OF ALL PRIVILEGES GAINED FROM BIRTH, RELIGION, OR RACE. NOW IT IS CONCEIVED THAT
EQUALITY BEFORE THE LAW, OR FORMAL EQUALITY, IS A MEANS TO REACH EQUALITY OF RIGHTS,
OPPORTUNITIES AND RESPONSIBILITIES, OR REAL, DE FACTO, EQUALITY. THE OBJECTIVE IS TO GO BEYOND
MERE LEGAL EQUALITY, SEEKING SOCIAL CHANGE AND TRANSFORMATION OF CULTURAL AND SOCIAL NORMS.
THIS MEANS THAT LAW IS NOT EVERYTHING, BUT RATHER A MEANS TO REACH AN END. IT IS,
HOWEVER, A VERY IMPORTANT MEANS, BECAUSE IT LEGITIMIZES WOMEN'S ASPIRATIONS AND SERVES AS A
LEVER OR CATALYST FOR SOCIAL CHANGE.
THE CONVENTION DEMANDS THAT STATES ADOPT APPROPRIATE MEASURES TO ELIMINATE
DISCRIMINATION AGAINST WOMEN WITHIN ALL SPHERES OF LIFE, PUBLIC OR PRIVATE. FOLLOWING THE
CONVENTION, STATES MUST:
• ABOLISH DISCRIMINATORY NORMS.
• MODIFY LAWS THAT ARE NOT IN LINE WITH THE CONVENTION.
• DICTATE NEW LAWS AND TAKE CONCRETE ACTIONS THAT WILL PROMOTE EQUALITY.
ARTICLE 1 DEFINES WHAT IS UNDERSTOOD AS DISCRIMINATION. TWO TYPES OF DISCRIMINATION ARE
RECOGNIZED:
• ACTS THAT PURPOSELY DISCRIMINATE AGAINST WOMEN.
• ACTS THAT, ALTHOUGH THEY MAY NOT HAVE THAT INTENT, NONETHELESS RESULT IN SOME KIND OF
DISCRIMINATION.
ARTICLE 2 DEFINES MEASURES THAT STATES SHOULD TAKE TO ELIMINATE DISCRIMINATION AGAINST WOMEN,
INCLUDING REFORMS AT THE CONSTITUTIONAL, POLITICAL AND LEGAL LEVELS, AS WELL AS MONITORING AND
SANCTIONING TO ELIMINATE DISCRIMINATION AGAINST WOMEN BY ANY PERSON, ORGANIZATION OR
7
HTTP://WWW.PDHRE.ORG/CEDAW/OVERVIEW.HTML (last visited on 19th October, 2014 at 6:35 p.m.)
8. INTERNATIONAL HUMAN RIGHTS || 9TH
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ENTERPRISE. ALONG WITH LAWS AND REGULATIONS, STATES MUST MODIFY PRACTICES AND CUSTOMS THAT
PUT WOMEN IN DISCRIMINATORY POSITIONS. RATHER THAN JUST DICTATE LAWS, STATES NEED TO PROMOTE
EQUALITY PLANS, INITIATE CAMPAIGNS IN THE MEDIA, CHANGE EDUCATIONAL PROGRAMS, ETC.
ARTICLE 3 REQUIRES THAT GOVERNMENTS TAKE ALL NECESSARY MEASURES, INCLUDING LEGISLATIVE, TO
GUARANTEE THE DEVELOPMENT AND ADVANCEMENT OF WOMEN. STATES MUST REVOKE LAWS AND PRACTICES
THAT NEGATIVELY AFFECT WOMEN, EVEN IF THEY SEEM TO BE "GENDER NEUTRAL."
ARTICLE 4 ENCOURAGES STATES TO ADOPT "POSITIVE MEASURES," SPECIAL MEASURES OF A TEMPORARY
NATURE TO ACCELERATE DE FACTO EQUALITY BETWEEN WOMEN AND MEN. IT CLARIFIES THAT AFFIRMATIVE
ACTION MEASURES SHOULD NOT BE CONSIDERED DISCRIMINATORY.
ARTICLE 5 DEMANDS THAT STATES TAKE ALL APPROPRIATE MEASURES TO MODIFY CULTURAL MODELS, SOCIAL
AND CULTURAL PATTERNS OF CONDUCT OF MEN AND WOMEN, AND PRACTICES, PREJUDICES AND CUSTOMS
WHICH ARE BASED ON THE IDEA OF THE INFERIORITY OR THE SUPERIORITY OF EITHER OF THE SEXES. IT ALSO
DEMANDS THAT FAMILY EDUCATION MUST CLARIFY THE COMMON RESPONSIBILITY OF MEN AND WOMEN IN THE
UPBRINGING AND EDUCATION OF THEIR CHILDREN. THE CONVENTION DOESN'T SPECIFY WHAT BEHAVIORAL
PATTERNS IT IS REFERRING TO, NOR DOES IT EXPLAIN THE NECESSARY MEASURES TO ERADICATE THEM. GOOD
GUIDES TO CONSULT ARE THE NAIROBI "FORWARD LOOKING STRATEGIES" AND THE BEIJING PLATFORM FOR
ACTION.
ARTICLE 6 AIMS TO SUPPRESS ALL FORMS OF TRAFFIC IN WOMEN AND EXPLOITATION OF WOMEN IN
PROSTITUTION. ARTICLE 7 GUARANTEES EQUALITY OF POLITICAL PARTICIPATION OF WOMEN AND MEN.
ARTICLE 8 DEMANDS WOMEN'S PARTICIPATION IN POSITIONS OF GOVERNMENT REPRESENTATION AT THE
INTERNATIONAL LEVEL. ARTICLE 9 GRANTS TO WOMEN EQUAL RIGHTS WITH MEN IN REGARD TO NATIONALITY.
IN PARTICULAR, IT CLARIFIES THAT A WOMAN'S NATIONALITY SHOULD NOT AUTOMATICALLY BE CHANGED BY
MARRIAGE OR A CHANGE IN HER HUSBAND'S NATIONALITY.
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS ARE GUARANTEED IN ARTICLES 10 (EDUCATION), 11
(EMPLOYMENT), 12 (HEALTH AND FAMILY PLANNING), 13 (FAMILY BENEFITS, CREDIT, AND CULTURAL LIFE),
AND 14 (EQUALITY IN THE RURAL ENVIRONMENT).
ARTICLE 15 REAFFIRMS THE RECOGNITION OF EQUALITY BEFORE THE LAW BETWEEN WOMEN AND MEN,
ESPECIALLY IN THE FIELDS RELATED TO THE LEGAL CAPACITY OF WOMEN, FREEDOM OF MOVEMENT, AND
CHOICE OF RESIDENCE.
ARTICLE 16 OUTLINES THE NEED TO ELIMINATE DISCRIMINATION IN ALL MATTERS RELATING TO THE FAMILY
AND MARRIAGE. HUMAN RIGHTS PROTECTIONS, UNTIL THEN TIED TO THE PUBLIC ENVIRONMENT, ARE
INTRODUCED IN THE PRIVATE ENVIRONMENT. THIS IS VERY IMPORTANT BECAUSE IT PROVES THAT LAWS
WRITTEN TO GUARANTEE EQUALITY ARE INCOMPLETE IF THEY DON'T ADDRESS THE DISCRIMINATION WOMEN
FACE IN THEIR OWN HOMES. DIVISION OF TASKS AND RESPONSIBILITIES WITHIN THE HOME WHICH PUTS ON
9. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 9
WOMEN'S SHOULDERS THE ALMOST EXCLUSIVE RESPONSIBILITIES OF CHILDREN'S UPBRINGING AND HOUSEWORK
OVERLOADS WOMEN SO THAT THEY ARE RESTRICTED FROM FULL AND FREE PARTICIPATION IN SOCIAL AND
POLITICAL LIFE. IF THIS PROBLEM IS NOT RESOLVED, DESPITE OTHER LEGAL REFORMS, IMPROVEMENTS IN
CONDITIONS FOR WOMEN WILL BE DELAYED INDEFINITELY.
THE SECOND PART OF THE CONVENTION EXPLAINS THE MECHANISMS CREATED TO MONITOR STATES PARTIES'
ADHERENCE TO THE CONVENTION. THESE INCLUDE REPORTS THAT EACH GOVERNMENT THAT SIGNED THE
CONVENTION MUST PRESENT TO THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN.
THE FIRST REPORT IS TO BE SUBMITTED A YEAR AFTER RATIFICATION OF THE CONVENTION. SUBSEQUENT
REPORTS ARE TO BE PRESENTED EVERY FOUR YEARS. IN EACH REPORT, STATES SHOULD SPECIFY WHAT KIND OF
MEASURES HAVE BEEN TAKEN TO ELIMINATE DISCRIMINATION AGAINST WOMEN, IN EACH AREA ADDRESSED IN
THE CONVENTION.
NON-GOVERNMENTAL ORGANIZATIONS MAY PRESENT THEIR OWN ALTERNATIVE REPORTS, CALLED SHADOW
REPORTS, IN WHICH THEY OUTLINE THEIR VIEWS ON THE SITUATION OF WOMEN AND ON MEASURES TAKEN --
OR NOT TAKEN -- BY THEIR GOVERNMENTS. THESE SHADOW REPORTS ARE SENT TO MEMBERS OF THE CEDAW
COMMITTEE, WHO TAKE THEM INTO ACCOUNT AND FORMULATE QUESTIONS FOR OR REQUEST EXPLANATIONS
FROM THE GOVERNMENT DELEGATIONS. UNFORTUNATELY THERE ARE NO SANCTIONS -- EXCEPT FOR POLITICAL
PRESSURE -- FOR COUNTRIES THAT FAIL TO PRESENT THEIR REPORTS.
THE CEDAW COMMITTEE IS MADE UP OF 23 EXPERTS FROM DIFFERENT COUNTRIES. EACH MEMBER SERVES
FOR FOUR YEARS. COMMITTEE MEMBERS ARE NOMINATED BY THEIR GOVERNMENTS AND ELECTED DURING A
SPECIAL MEETING CONVENED BY THE UN SECRETARY GENERAL EVERY TWO YEARS IN NEW YORK.
INDIA AND CEDAW
India has ratified the Convention on the Elimination of All Forms of Discrimination Against Women
(1979) on July 9, 1993. Ratification of the Convention obliges India to honour the obligations imposed by the
Convention. In Madhu Kishwar v. State of Bihar,8
it was held by the SC that the Convention on the
Elimination of All Forms of Discrimination Against Women is an integral scheme of the Fundamental Rights
and the Directive Principles. Article 2(e) of CEDAW enjoins the States Parties to breathe life into the dry bones
of the Constitution, International Conventions and the Protection of Human Rights Act, to prevent gender-
based discrimination and to effectuate right to life including empowerment of economic, social and cultural
rights. Article 2(f) read with Article 3, 14 and 15 of CEDAW embodies concomitant right to development as an
integral scheme of the Indian Constitution and the Human Rights Act. It is therefore desirable that the enabling
legislature is enacted to give legal effect to the Convention so that the discrimination against women which
exists due to legal, social and cultural traditions is eliminated. Rights provided therein will remain meaningless
to a large number of women due to their poverty, ignorance and illiteracy.9
8
A.I.R. 1996 SC 2178
9
Dr. Agarwal H.O., International Law and Human Rights, Central Law Publications, 19th
Ed., Allahabad,
2014, pg 854 & 855
10. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 10
India while ratifying the Convention made two declarations and a reservation. The first declaration reads: with
regard to Article 5(a) and 16(1) of the CEDAW, the Government of the Republic of India declares that it shall
abide by and ensure those provisions with conformity with its policy of non-interference in the personal affairs
of any community without its initiative and consent. The second declaration states with regard to Article 16(2)
of CEDAW, the Government of the India declares that though in principle it fully supports the principle of
compulsory marriage, it is not practicable in a vast country like India with its variety of customs, religions and
the level of literacy. In additions to the above declarations, India made a reservation by stating that it does not
consider itself bound by paragraph 1 of Article 29 of the Convention which relates to the settlement of disputes
through arbitration.10
It is to be noted that the declaration relating to compulsory registration of marriage has become
meaningless in view of the declaration of the Supreme Court in Seema v. Ashwani Kumar,11
wherein the court
held that marriages of all persons who are citizens of India belonging to various religions should be made
compulsorily registrable in their States, where the marriage is solemnized. The Court asked the States to notify
the registration within three months. An official shall be appointed under the rules to register marriages. As and
when the Central Government enacts a comprehensive statute, the same shall be placed before the Supreme
Court for scrutiny. Counsel for the States shall ensure that the directions are carried out immediately. Later the
SC on October 25, 2007 held for the compulsory registration of marriages in respect of all persons who are
citizens of India even if they belong to various religions.12
It is to be noted that equality of status has been guaranteed to women by the Constitution under Article 14, 15
and 16. The Constitution has also cast the duty on every citizen to renounce practices derogatory to the dignity
of women.13
It being a part of Directive Principles of State Policy, is not enforceable in a court of law but if the
States makes any law to prohibit any act or conduct in violation of this duty, the Court would uphold the law as
a reasonable restriction of the fundamental rights. But it can be considered a myth to millions of women as they
are victims of various kind of violence within houses, at work places and in the educational system. They are
still subject to suppression. Tall promises for improving the plight of women was made during 2001 which was
declared as ‘Women’s Empowerment Year’ but they were far from being fulfilled. National Policy for the
Empowerment of Women was placed before a group of ministers but the policy has not been adopted. Seminars
were organized on number of issues affecting the conditions of women, no improvement has been made. They
are being discriminated as compared to brothers at home and their male colleagues at work.14
Jana Matson Everett identified five specific factors responsible for low status of women in India both in the
family and in society: the Hindu religion, the caste system, the joint family system, Islamic rule and British
colonialism. The values of Hinduism held the male superior to female, and ‘tradition’ holds the key to many of
the problems relating to women and their development. This is because the role women play in society and the
images we have of them have not developed simply from exigencies of biology and social situations but are
rather deeply rooted in the myths, legends, religion and culture. It is here that one finds, the underlying causes
10
Ibid, at 855
11
AIR 2006 SC 1158
12
Agarwal, Supra note 9 at 855
13
Article 51-a(e)
14
Agarwal, Supra note 9 at 855
11. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 11
that kept the Indian women in subservience and devoid of any identity. This tradition has gain such significance
and come to be accepted as the unwritten law of the land, so that any effort to modify this accepted status of
women sounds not only alien but even repugnant to women themselves. It is this that makes the task of social
change particularly difficult in India. Hence it is not surprising, as S. Ruth observed, that women have lost the
power of naming, of explaining and defining for themselves the realities of their own experience.15
There is no doubt that women in our society are undergoing changes in their aspirations, perceptions,
expectations and values. Even though women’s problems generally command a high priority in contemporary
Indian society, rural women are still to liberate themselves from centuries of psychological, economic and
social discrimination. The reason why a large number of rural women are not aware of their customary and
legal rights are fourfold: illiteracy, excessive involvement in domestic chores, household constrains and
economic dependence on males. Since the rural ethos predominates and governs the social life of a large part of
India, one can discern not only the degree of backwardness of women but also that changes are marginal.16
INITIATIVE BY INDIAN JUDICIARY
THOUGH CEDAW HAS NOT BEEN INCORPORATED, THE JUDICIARY AND ITS PROACTIVE ROLE HAVE
PAVED THE WAY TO USE THE PRINCIPLES OF THE TREATY IN MANY JUDGMENTS. THE SUPREME COURT IN
VISHAKA’S CASE17
HAS HELD THAT ANY INTERNATIONAL CONVENTION, NOT INCONSISTENT WITH THE
FUNDAMENTAL RIGHTS AND IN HARMONY WITH ITS SPIRIT MUST BE READ INTO THESE PROVISIONS TO ENLARGE
THE MEANING AND CONTENT TO PROMOTE THE OBJECT OF THE CONSTITUTIONAL GUARANTEE. THIS DECISION
THUS ENABLED WOMEN TO INVOKE THE PROVISIONS OF THE INTERNATIONAL TREATIES AND ITS ENFORCEMENT.
IN THIS CASE, THE SUPREME COURT HAS LAID DOWN THE GUIDELINES FOR COMBATING SEXUAL HARASSMENT
AND WHILE DOING SO IT HAS ADOPTED THE DEFINITION OF SEXUAL HARASSMENT FROM GENERAL
RECOMMENDATION 19 OF THE CONVENTION. IN GITA HARIHARAN CASE18
DEALING WITH THE RIGHTS OF
WOMAN TO BE A GUARDIAN FOR THE MINOR CHILD, THE PRINCIPLES OF THE CONVENTION HAVE BEEN APPLIED
TO HOLD THE PROVISIONS OF THE HINDU GUARDIANSHIP AND MINORITY ACT, 1956, AS BEING
DISCRIMINATORY. IN BANDHUA MUKTI MORCHA V. UNION OF INDIA19
, THE SUPREME COURT DEALING WITH
CHILD LABOUR HELD THUS “NO DOUBT, THE GOVERNMENT, WHILE RATIFYING THE CONVENTION WITH A
RESERVATION OF PROGRESSIVE IMPLEMENTATION OF THE GOVERNANCE, REMINDED ITSELF OF THE
OBLIGATIONS UNDERTAKEN THERE UNDER, BUT THEY DO NOT ABSOLVE THE STATE IN ITS FUNDAMENTAL
GOVERNANCE OF THE IMPERATIVES OF DIRECTIVE PRINCIPLES OF THE CONSTITUTION, PARTICULARLY,
ARTICLES 45, 39(E) AND (F), 46 READ WITH THE PREAMBLE, ARTICLES 21, 23 AND 24 OF THE CONSTITUTION
RENDERING SOCIO-ECONOMIC JUSTICE TO THE CHILD AND THEIR EMPOWERMENT, FULL GROWTH OF THEIR
PERSONALITY — SOCIALLY, EDUCATIONALLY AND CULTURALLY — WITH A RIGHT TO LEISURE AND
OPPORTUNITY FOR DEVELOPMENT OF THE SPIRIT OF REFORM, INQUIRY, HUMANISM AND SCIENTIFIC TEMPER TO
15
Nirmal Chiranjivi J., Human Rights in India Historical, Social and Political Perspectives, Oxford India
Paperbacks, 2nd
Ed., New Delhi, 2003, pg 103
16
Ibid, at 103 & 104
17
AIR 1997 SC 3011
18
AIR 1999 SC 1149
19
(1997) 10 SCC 549
12. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 12
IMPROVE EXCELLENCE — INDIVIDUALLY AND COLLECTIVELY" SO ALSO IN M.C..MEHTA V. STATE OF TAMIL
NADU20
THE SUPREME COURT HAS GIVEN DIRECTIONS TO THE GOVERNMENT TO MONITOR AND PREVENT CHILD
LABOUR IN THE SHIVAKASI CRACKER MANUFACTURING ESTABLISHMENTS. IN MUNICIPAL CORPORATION OF
DELHI V. FEMALE WORKERS (MUSTER ROLL)21
THE SUPREME COURT DEALING WITH THE DAILY WAGE WOMEN
EMPLOYEES’ RIGHT TO CLAIM MATERNITY BENEFIT HAS RECOGNIZED THE CHILD BEARING ROLE OF WOMEN AS
A SOCIAL FUNCTION, AS STIPULATED UNDER ARTICLE 5(B) OF CEDAW.22
SHORTCOMINGS OF THE CONVENTION
WEAK ENFORCEMENT MECHANISM:23
STATE PARTIES THAT HAVE RATIFIED THE WOMEN'S CONVENTION ARE BOUND BY ITS TERMS. PRIOR TO THE
ADOPTION OF THE OPTIONAL PROTOCOL, THE CONVENTION PROVIDED TWO PROCEDURES BY WHICH TO
MONITOR STATE PARTIES' COMPLIANCE WITH THE TERMS OF THE CONVENTION. THESE INCLUDED THE
INTERSTATE PROCEDURE AND THE REPORTING PROCEDURE, WHICH TOGETHER REPRESENTED THE ONLY MEANS
OF ENFORCING THE OBLIGATIONS OF THE CONVENTION UPON STATE PARTIES. THE INTERSTATE PROCEDURE,
SET FORTH IN ARTICLE 29, ADDRESSES THE CONFLICTING INTERPRETATIONS AND APPLICATIONS OF THE
CONVENTION BETWEEN STATE PARTIES. DISPUTES THAT ARISE OUT OF SUCH DIFFERING INTERPRETATIONS ARE
FIRST PUT TO ARBITRATION TO NEGOTIATE A SOLUTION TO THE DISPUTED INTERPRETATION. BARRING A
RESOLUTION WITHIN SIX MONTHS, THE DISPUTE CAN ULTIMATELY BE SENT TO THE INTERNATIONAL COURT OF
JUSTICE (ICJ) FOR A FINAL DECISION. THE VALUE OF THIS PROCEDURE IS SUBSTANTIAL, AS THE RULING OF THE
ICJ HAS BINDING EFFECT UPON STATE PARTIES UNDER INTERNATIONAL LAW. YET THERE ARE SEVERAL
OBSTACLES TO THE EFFECTIVE DEPLOYMENT OF THIS MECHANISM OF CONVENTION ENFORCEMENT. FIRST,
MOST STATE PARTIES HAVE LITTLE INCENTIVE TO INITIATE THE INTERSTATE PROCEDURE. THE UNDERLYING
PRINCIPLE OF NON-INTERVENTION IN THE INTERNAL AFFAIRS OF STATES IS AN INTERNATIONAL NORM THAT IS
STRONGLY SUPPORTED BY MOST STATES. IN THIS REGARD, STATES TEND TO BE CONCERNED WITH THE
RETALIATORY EFFECT OF ANY SUCH INTERVENTION INTO ANOTHER STATE'S DOMESTIC APPLICATION OF THE
CONVENTION, PARTICULARLY AS NEARLY EVERY STATE IS VULNERABLE TO CRITICISM OF ITS DOMESTIC
POLICIES TOWARDS WOMEN. SECOND, THE EFFECTIVENESS OF THE INTERSTATE PROCEDURE IS GREATLY
HAMPERED BY THE FACT THAT ANY STATE CAN REFUSE TO BE HELD TO THE PROCEDURE. ARTICLE 29(2) OF
THE CONVENTION ALLOWS STATE PARTIES TO DECLARE UPON RATIFICATION OF THE CONVENTION THAT THEY
ARE NOT BOUND BY THIS INTERSTATE PROCEDURE. FINALLY, THE PRACTICAL FORCE OF THE INTERSTATE
PROCEDURE HAS NOT BEEN TESTED, AS NO STATE PARTY HAS EVER INVOKED THE INTERSTATE PROCEDURE.
THE STATE REPORTING MECHANISM, SET FORTH IN ARTICLE 18, PREVIOUSLY REPRESENTED THE ONLY
EFFECTIVE MEANS OF MONITORING STATE PARTIES' ADHERENCE TO THE CONVENTION. THE REPORTING
MECHANISM OPERATES LIKE THOSE OF MANY OTHER HUMAN RIGHTS TREATIES. IT OBLIGES STATE PARTIES TO
SUBMIT AN INITIAL REPORT WITHIN ONE YEAR OF RATIFICATION OF THE CONVENTION, FOLLOWED BY PERIODIC
20
(1996) 6 SCC 756
21
AIR 2000 SC 1274
22
HTTP://WCD.NIC.IN/CEDAWREP2005.PDF (last visited on 19th October 2014 at 11:50 p.m.)
23
Supra note 4
13. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 13
REPORTS AT LEAST ONCE EVERY FOUR YEARS. IN GENERAL, THE REPORTS MUST INCLUDE THE STEPS THE STATE
PARTY HAS TAKEN TO INTEGRATE THE CONVENTION OBLIGATIONS INTO DOMESTIC LAWS AND POLICIES AS
WELL AS IDENTIFY DIFFICULTIES THE STATE HAS FACED IN UPHOLDING THE CONVENTION. THESE REPORTS ARE
SUBMITTED TO CEDAW, WHICH EXAMINES THE REPORT IN THE PRESENCE OF THE RELEVANT STATE PARTY
REPRESENTATIVES AND OTHER INTERESTED PARTIES. ARTICLE 17 OF THE CONVENTION GIVES SPECIFIC
AUTHORITY TO CEDAW TO REVIEW STATE PARTIES' REPORTS AND SCRUTINIZE THEIR IMPLEMENTATION AND
ADHERENCE TO THE CONVENTION BEFORE THE INTERNATIONAL COMMUNITY. FURTHER, CEDAW MAY ISSUE
GENERAL RECOMMENDATIONS REGARDING THE NATURE AND EXTENT OF STATE PARTIES' COMPLIANCE WITH
THE CONVENTION BASED ON THEIR REPORTS. WITHIN THE CONTEXT OF ITS ROLE IN THE REPORTING
PROCEDURE, CEDAW IS UNABLE TO PLACE SANCTIONS UPON STATES FOR THEIR NON-COMPLIANCE WITH THE
CONVENTION. NOR CAN CEDAW ENGAGE IN ANY FORM OF ARBITRATION BETWEEN STATE PARTIES, OR AN
INDIVIDUAL AND A STATE PARTY, REGARDING THE INTERPRETATION OR APPLICATION OF THE CONVENTION
OBLIGATIONS. THE REPORTING PROCESS WAS STRUCTURED TO ALLOW FOR CONSTRUCTIVE DIALOGUE BETWEEN
STATE PARTIES AND CEDAW REGARDING IMPLEMENTATION OF THE CONVENTION. THIS DIALOGUE WAS
AIMED AT ACHIEVING PROGRESSIVE IMPLEMENTATION OF THE TERMS OF THE CONVENTION BASED ON EACH
STATE PARTY'S SPECIFIC RESTRAINTS AND CAPABILITIES. THE PROCESS BY WHICH REPORTS ARE REVIEWED BY
CEDAW, IN ADDITION TO THE STRONG AND GROWING PRESENCE OF NON-GOVERNMENTAL ORGANIZATIONS
(NGOS) IN THE DELIBERATIVE DIALOGUE BETWEEN STATE PARTIES AND CEDAW, IS SAID TO REPRESENT A
COMPREHENSIVE APPROACH TO ENFORCING STATE PARTY COMPLIANCE WITH THE CONVENTION. AS HAS
BECOME CLEAR OVER TIME, HOWEVER, NEITHER OF THE CONVENTION'S ORIGINAL ENFORCEMENT MECHANISMS
HAS SUFFICED TO ACHIEVE AN EFFECTIVE VIGILANCE OVER VIOLATIONS OF THE CONVENTION.
RESERVATIONS:24
ANOTHER HINDRANCE TO THE WOMEN'S CONVENTION IS THE EXPANSIVE NUMBER OF RESERVATIONS THAT
STATE PARTIES HAVE MADE TO THEIR OBLIGATIONS. THE CONVENTION IS AMONG THE MOST RESERVED OF
U.N. HUMAN RIGHTS INSTRUMENTS. RESERVATIONS ARE ALLOWED BY THE CONVENTION UNDER ARTICLE 28,
WHICH PERMITS RATIFICATION SUBJECT TO RESERVATIONS, PROVIDED THAT THEY ARE NOT ‘INCOMPATIBLE
WITH THE OBJECT AND PURPOSE OF THE PRESENT CONVENTION. YET THE CONVENTION PROVIDES NO
MECHANISM TO DETERMINE WHETHER A STATE PARTY VIOLATES THE ARTICLE COMPATIBILITY REQUIREMENT.
NOR DOES CEDAW HAVE THE AUTHORITY TO EVALUATE OR LIMIT RESERVATIONS THAT VIOLATE THE TERMS
OF ARTICLE 28. FURTHER, UNLIKE OTHER SIMILAR U.N. HUMAN RIGHTS INSTRUMENTS, INCLUDING THE
CONVENTION ON THE ELIMINATION OF RACIAL DISCRIMINATION, THERE ARE NO PROCEDURAL LIMITATIONS ON
MAKING RESERVATIONS. THE DEBATES SURROUNDING RESERVATIONS TO THE CONVENTION ARE CLOSELY
RELATED TO THE FUNDAMENTAL NORMATIVE CONTROVERSIES THAT CHALLENGE THE UNIVERSAL COMMITMENT
TO INTERNATIONAL WOMEN'S RIGHTS. WHILE STATE PARTIES MAY ACCEPT THE "OBJECT AND PURPOSE" OF THE
CONVENTION, THEY OFTEN DIFFER ON HOW THE "OBJECT AND PURPOSE" OF THE CONVENTION SHOULD BE
ACHIEVED. DIFFERING CULTURAL AND RELIGIOUS PRACTICES ARE OFTEN AT THE HEART OF THIS LACK OF
CONSENSUS. FOR EXAMPLE, MANY RESERVATIONS DEAL WITH THE CONFLICT BETWEEN FULL EQUALITY RIGHTS
AND SOME INTERPRETATIONS OF ISLAM THAT QUALIFY THE DEFINITION OF SEXUAL EQUALITY TO SOMETHING
24
Supra note 4
14. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 14
SIGNIFICANTLY LESS THAN THE EXPANSIVE NOTION OF SEXUAL EQUALITY EMBODIED IN THE CONVENTION.
OTHER PROMINENT RESERVATIONS DEAL WITH NATIONAL RELIGIOUS OR CUSTOMARY LAWS THAT RESTRICT
WOMEN'S INHERITANCE AND PROPERTY RIGHTS; NATIONALITY LAWS THAT DO NOT ACCORD WOMEN THE SAME
RIGHTS AS MEN TO ACQUIRE, CHANGE OR RETAIN THEIR NATIONALITY UPON MARRIAGE AND LAWS LIMITING
WOMEN'S ECONOMIC OPPORTUNITIES, FREEDOM OF MOVEMENT AND CHOICE OF RESIDENCE. MANY OF THESE
RESERVATIONS HAVE BEEN QUESTIONED IN TERMS OF THEIR COMPATIBILITY WITH THE "OBJECT AND PURPOSE"
OF THE CONVENTION.
THE ISSUE OF THE DEBILITATING EFFECTS OF THE NUMEROUS RESERVATIONS TO THE CONVENTION
WAS RAISED BY STATE PARTIES AND PUT BEFORE THE U.N. GENERAL SECRETARY IN 1986. BUT BECAUSE OF
THE HIGHLY DIVISIVE VIEWS ON THE SUBJECT AMONGST STATE PARTIES, THE ISSUE HAS NEVER BEEN
DECISIVELY RESOLVED. DRAFTERS OF THE WOMEN'S CONVENTION JUSTIFIED THE LIBERAL POLICY TOWARD
RESERVATIONS AS A MEANS TO MAXIMIZE PARTICIPATION BY STATES, AS THEY ANTICIPATED THE CONFLICTING
NORMATIVE DILEMMAS THAT LATER DID ARISE REGARDING SPECIFIC PROVISIONS OF THE CONVENTION.
THEY ENDORSED THE RESERVATIONS PROVISION AS A MEANS OF HIGHLIGHTING THOSE DOMESTIC
PRACTICES THAT DO NOT COMPLY WITH THE CONVENTION AND ENCOURAGED STATE PARTIES TO EXPLORE
HOW SUCH PRACTICES CAN BE RECONCILED WITH THE OBJECT AND PURPOSE OF THE CONVENTION. IN THIS
REGARD, CEDAW REQUIRES STATE PARTIES TO ADDRESS THE SUBJECT OF THEIR RESERVATIONS TO THE
CONVENTION IN EVERY REPORT TO THE COMMITTEE. BUT WITH LITTLE OTHER INCENTIVE TO REFRAIN FROM
RESERVING, STATE PARTIES CONTINUE TO USE THE RESERVATIONS PROVISION AS A WAY TO PRESERVE THE
STATUS QUO RATHER THAN WORK TOWARDS THE ADVANCEMENT OF THE GOALS OF THE CONVENTION.
CONCLUSION
BOTH THE WEAK ENFORCEMENT MECHANISMS AND THE GENERAL ACCEPTANCE OF THE NUMEROUS
RESERVATIONS TO THE FUNDAMENTAL OBLIGATIONS OF THE CEDAW INDICATE THE LARGER LACK OF
COMMITMENT TO THE BASIC NORMS AND VALUES THAT INFORM THE INTERNATIONAL WOMEN'S RIGHTS REGIME.
SOME HAVE CRITICIZED THE CONVENTION AS ACTING ONLY AS A SYMBOLIC COMMITMENT TO THESE NORMS
AND VALUES. WHETHER OR NOT ONE ACCEPTS THESE CRITIQUES, IT IS UNDENIABLE THAT THE CHALLENGES TO
ACHIEVING THE CONVENTION'S GOAL OF EQUALITY AND NON-DISCRIMINATION GO BEYOND THE LIMITED
EFFECTIVENESS OF ITS ORIGINAL PROCEDURES EVEN IF THESE PROCEDURES WERE TO WORK PERFECTLY. EVEN
IF IT IS AGREED THAT THE PRINCIPLES AND VALUES THAT INFORM THE CONVENTION ARE FUNDAMENTALLY
SOUND, SOMETHING MORE IS CLEARLY NEEDED TO LINK THESE PRINCIPLES WITH THE ELIMINATION OF THE
CONCRETE FORMS OF DISCRIMINATION STILL FACED BY WOMEN. PROMOTING THESE PRINCIPLES IN VARIOUS
REAL-LIFE CONTEXTS WILL BE CRUCIAL TO THE CONVENTION'S LONG-TERM ABILITY TO IMPROVE THE STATUS
OF WOMEN IN SOCIETY. PRIOR TO THE ADOPTION OF THE OPTIONAL PROTOCOL, THE CONVENTION OFFERED NO
DIRECT MECHANISM OR INCENTIVE FOR STATES TO RECONCILE THEIR COMMITMENT TO THE NORMS AND
PRINCIPLES OF THE CONVENTION WITH THE CONFLICTING NORMS ROOTED IN DOMESTIC LAWS AND PRACTICES.
YET THE RECENT PROCEDURAL INNOVATIONS TO THE CONVENTION EMBODIED IN THE OPTIONAL PROTOCOL
15. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 15
WHICH HAVE BEEN DISCUSSED IN DETAIL EARLIER HAVE THE POTENTIAL TO SURMOUNT THIS FUNDAMENTAL
CHALLENGE, AND IT IS ABSOLUTELY NECESSARY IN THE CONTEXT OF INTERNATIONALLY PROTECTED WOMEN'S
RIGHTS THAT IT CAN DO SO.25
THOUGH MANY COUNTRIES HAVE RATIFIED THE CONVENTION BUT STILL THE CONVENTION IS NOT
IMPLEMENTED LIKE IN THE STATE OF AFGHANISTAN. REALITY STRUCK HOME FOR AFGHANISTAN OVER THE
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW).
RATIFIED BY AFGHANISTAN IN 2003 DURING THE EARLY HEADY POST-TALIBAN DAYS WHEN IT SEEMED LIKE A
BRIGHT FUTURE FOR WOMEN WAS INEVITABLE, CEDAW IS A TREATY THAT REQUIRES/DEMANDS GENDER
EQUALITY IN ACCESS TO EDUCATION, HEALTH CARE, AND POLITICAL PARTICIPATION. IT IS THE BASIS FOR
GLOBAL EFFORTS TO END VIOLENCE AGAINST WOMEN. THE AFGHAN GOVERNMENT IS FAILING IN MANY WAYS
TO LIVE UP TO THE COMMITMENT IT MADE BY SIGNING ON TO CEDAW. WHEN YOU RATIFY A CONVENTION
YOU DON’T JUST GET A PAT ON THE BACK AND THEN A PASS ON YOUR OBLIGATIONS.26
IN THE GUJARAT RIOTS OF 2002 INDIA ALSO FAILED TO PROTECT THE DIGNITY AND RIGHTS OF WOMEN AND
THE INVESTIGATION CONDUCTED BY GUJARAT POLICE WAS ALSO QUESTIONED. USA HAS STILL NOT RATIFIED
THE CONVENTION. RATIFICATION OF CEDAW REQUIRES 67 SENATORS TO STAND TOGETHER FOR WOMEN AND
GIRLS.27
THUS IT CAN BE STATED THAT CEDAW COULD NOT ACHIEVE THE DESIRE EFFECT IN VIEW OF THE FACT THAT
WOMEN’S HUMAN RIGHT ARE STILL DISREGARDED AND VIOLATED WORLD WIDE, IN DIFFERENT WAYS AND IN
VARYING DEGREES MAINLY BECAUSE INEQUALITIES BETWEEN MEN AND WOMEN HAVE ROOTS IN SOCIETAL
NORMS AND VALUES. THEY CANNOT CHANGE OVERNIGHT AS A RESULT OF INTERNATIONAL AGREEMENTS OR
EVEN BY LEGISLATION. CEDAW COMMITTEE IN 2004 STATED THAT EVEN 25 YEARS AFTER THE ADOPTION OF
THE CONVENTION, NO COUNTRY IN THE WORLD HAS ACHIEVE TOTAL EQUALITY BETWEEN THE SEXES BOTH IN
LAW AND IN PRACTICE. THE COMMITTEE ALSO STATED THAT DISCRIMINATORY LAWS REMAIN IN 178 STATES
THAT ARE PARTIES TO THE CONVENTION. IN OTHER COUNTRIES LAWS MIGHT PROMOTE EQUALITY BUT
INFORMAL DISCRIMINATION REMAINS.28
IN SPITE OF THE LACK OF A MEANINGFUL ENFORCEMENT MECHANISM AND VARIOUS OTHER SHORTCOMINGS,
HOWEVER, CEDAW HAS INSPIRED FEMINIST ACTIVISM AROUND THE WORLD AND HELPED RAISE WOMEN’S
LEGAL CONSCIOUSNESS.29
25
Supra note 4
26
HTTP://WWW.HRW.ORG/NEWS/2014/07/11/AFGHANISTAN-FAILING-COMMITMENTS-PROTECT-WOMENS-RIGHTS
(last visited on 13th October at 12:27 a.m.)
27
HTTP://WWW.CEDAW2011.ORG/INDEX.PHP/WHATS-IN-IT-FOR-US (last visited on 13th October 2014 at 12:49
a.m.)
28
Gupta U.N., Human Rights Convention and Indian Law, Atlantic Publishers and Distributers, 4th
Ed., New
Delhi, 2011, pg 236
29
HTTP://PAPERS.SSRN.COM/SOL3/PAPERS.CFM?ABSTRACT_ID=1983565 (last visited on 13th October 2014 at
12:49 a.m.)
16. INTERNATIONAL HUMAN RIGHTS || 9TH
SEMESTER PAGE 16
BIBLIOGRAPHY
BOOKS
1. Gupta U.N., Human Rights Convention and Indian Law, Atlantic
Publishers and Distributers, 4th
Ed., New Delhi, 2011, pg 236
2. Dr. Agarwal H.O., International Law and Human Rights, Central Law
Publications, 19th
Ed., Allahabad, 2014, pg 854 & 855
3. Brownlie Ian & Gill Guy S. Goodwin, Brownlie’s Documents on Human
Rights, Oxford University Press, 6th
Ed., New York, 2010, Pg 429
4. Mishra Sujata, Women’s Health and Social Issues, Arise Publishers &
Distributors, 1st
Ed., New Delhi, 2011, pg 42
5. Nirmal Chiranjivi J., Human Rights in India Historical, Social and Political
Perspectives, Oxford India Paperbacks, 2nd Ed., New Delhi, 2003, pg 103
WEB LINKS
1. HTTP://WWW.HRW.ORG/NEWS/2013/07/11/AFGHANISTAN-FAILING-COMMITMENTS-PROTECT-WOMENS-
RIGHTS
2. HTTP://WWW.CEDAW2011.ORG/INDEX.PHP/WHATS-IN-IT-FOR-US
3. HTTP://WWW.UN.ORG/WOMENWATCH/DAW/CEDAW/
4. HTTP://WWW.LAWTEACHER.NET/INTERNATIONAL-LAW/ESSAYS/AN-ANALYSIS-OF-THE-CEDAW.PHP