Women's rights: taking stock. (Human rights: unfinished business).
The protection of women's rights The effort to secure equal rights for women and to remove gender discrimination from laws, institutions, and behavioral patterns.
The women's rights movement began in the nineteenth century with the demand by some women reformers for the right to vote, known as suffrage, and has been a slow and at times rocky journey. In the last decade, and especially since the World Conference on Human Rights in Vienna in 1993, the women's human rights movement has undergone tremendous changes and faced great challenges in both the legal and political realms. The adoption of the CEDAW CEDAW Convention to Eliminate All Forms of Discrimination Against Women (United Nations)
CEDAW Component Explosives Damage Assessment Workbook (reference for blast effects software modeling) Optional Protocol and the acknowledgment of historically silenced violence against women as a war crime undoubtedly marks an important victory for women in recent years. Nevertheless, this ongoing process has also revealed the weaknesses of the international system for the protection of human rights. These gains have been hard-won indeed.
The war trials in Bosnia-Herzegovina, the first ad hoc For this purpose. Meaning "to this" in Latin, it refers to dealing with special situations as they occur rather than functions that are repeated on a regular basis. See ad hoc query and ad hoc mode. tribunal since World War II, paved the way for an end to the silence and impunity surrounding the use of sexual violence as a weapon of war. The United Nations took a stand against those responsible for the mass rape of Muslim women as a part of the armed conflict in the region and continues to record the testimonies of some of the thousands of women subjugated sub·ju·gate
tr.v. sub·ju·gat·ed, sub·ju·gat·ing, sub·ju·gates
1. To bring under control; conquer. See Synonyms at defeat.
2. To make subservient; enslave. to sexual slavery Sexual slavery is a special case of slavery which includes various different practices:
When Special Rapporteur Special Rapporteur is a title given to individuals working on behalf of various regional and international organizations who bear specific mandates to investigate, monitor and recommend solutions to specific human rights problems. Radhika Coomaraswamy Radhika Coomaraswamy was appointed by then United Nations Secretary-General Kofi Annan as Under-Secretary-General, Special Representative for Children and Armed Conflict in April 2006. began her mission, the Japanese government was reluctant to accept its responsibility in these matters and focused on conceptual issues in an attempt to minimize the gravity of the crimes. They pointed out that the idea of "comfort women" was not tantamount to sexual slavery and that although they regretted what had happened, they admitted only moral and not legal obligations towards the survivors. (1)
In the case of the former Yugoslavia, the rules that traditionally have governed criminal procedure had to be modified in order to recognize the seriousness of rape and sexual violence against women as war crimes during armed conflicts. (2) The rape of women is not a more-or-less expected, insignificant or inevitable consequence of armed conflict but rather, in certain contexts, a policy aimed at the extermination extermination
mass killing of animals or other pests. Implies complete destruction of the species or other group. of women and the peoples to which they belong. (3)
The International Tribunal of Bosnia established procedural rules to prevent the secondary victimization victimization Social medicine The abuse of the disenfranchised–eg, those underage, elderly, ♀, mentally retarded, illegal aliens, or other, by coercing them into illegal activities–eg, drug trade, pornography, prostitution. of women which is common in the domestic treatment of cases of rape. (4) Corroboration of the rape and the sexual behavior sexual behavior A person's sexual practices–ie, whether he/she engages in heterosexual or homosexual activity. See Sex life, Sexual life. of assaulted women would no longer be admissible evidence admissible evidence n. evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), and which cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay in rape trials. Such a step is particularly significant in light of the fact that, in the case of Yugoslavia, the rapes were committed by neighbors or acquaintances of the women. (5) While this may appear to be a minor issue, it was a milestone that raised the threshold of expectation for national laws and offered an important opportunity for participating in legal reform currently underway in Latin America Latin America, the Spanish-speaking, Portuguese-speaking, and French-speaking countries (except Canada) of North America, South America, Central America, and the West Indies. .
The Rome Statute that created the International Criminal Court included as crimes against humanity: rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization sterilization
Any surgical procedure intended to end fertility permanently (see contraception). Such operations remove or interrupt the anatomical pathways through which the cells involved in fertilization travel (see reproductive system). , or any other form of serious sexual violence. (6) Unfortunately, this provision is relevant because sexual violence is still a weapon of war and a means for the oppression of women and the group to which they belong. The inclusion of crimes of sexual violence sparked a lengthy political discussion before being incorporated into legal documents.
The legal and political realms of international women's rights have both influenced each other more than criminal law. Developments in the protection of human rights through criminal law is a recent phenomenon compared to the wider framework of women's human rights protection. Although the political recommendations, such as those found in Platforms for Action, do not have the force of law, they do provide a starting point Noun 1. starting point - earliest limiting point
terminus a quo
commencement, get-go, offset, outset, showtime, starting time, beginning, start, kickoff, first - the time at which something is supposed to begin; "they got an early start"; "she knew from the for working towards the goal of agreements on the commitments and priorities not only between the governments, but with civil society as well. However, these processes have not been without conflict, and the dialogue with civil society has incorporated other movements and NGOs whose interests are far from consistent with those of the women's movement women's movement: see feminism; woman suffrage.
Diverse social movement, largely based in the U.S., seeking equal rights and opportunities for women in their economic activities, personal lives, and politics. .
Since the 1960s, the Teheran Conference on Human Rights in 1968 and the Third Women's World Conference in Nairobi in 1985 marked milestones in the creation of a new order for the protection and recognition of women's rights. The importance of the former is rooted in the adoption of a mandate promoting a specific instrument on women's human rights, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), finally adopted by the United Nations and open to ratification in 1979. It is reasonable to assume that without Teheran either we would not have had the CEDAW or its adoption would have been delayed even longer.
International political discussion is important because it translates, in specific contexts, into legal texts, which tend to be broadly drafted, without a predetermined pre·de·ter·mine
v. pre·de·ter·mined, pre·de·ter·min·ing, pre·de·ter·mines
1. To determine, decide, or establish in advance: meaning and scope. From this point of view, the agreements play a hermeneutic her·me·neu·tic also her·me·neu·ti·cal
[Greek herm role in which interpretation has important implications for the advancement of rights, known in legal doctrine Legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. as the pro homine principle of interpretation. This is a tool that allows for the broadest interpretation of a norm recognizing protected rights, but demands the most restrictive interpretation when establishing permanent or temporary restrictions on the exercise of these rights. In this regard, the implementation of the Platforms for Action can be evaluated in light of the principles of human rights. (7) In this sense, only since the Beijing Conference have development issues been tied to women's rights or those that include women's rights a central area of concern.
The Fourth World Conference on Women The United Nations convened the Fourth World Conference on Women on September 4-15, 1995 in Beijing, China. Delegates had prepared a Platform for Action that aimed at achieving greater equality and opportunity for women. at Beijing enabled these two processes to converge, reaffirming the gains of Vienna in relation to women's rights where rape was conceived as a violation of women's human rights. The Beijing Platform for Action makes a direct reference to the CEDAW, calling for the strengthening of this treaty. Paragraph 230(k) of the Platform for Action calls for the adoption of an Optional Protocol to the CEDAW that would allow individual complaints to be received and processed.
The weakness of the international human rights instruments International human rights instruments can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly, which are not legally binding although they may be politically so; and conventions is due to the fact that they depend, to a large extent, on the willingness of each State to ensure their observance: a "toothless" instrument permits a degree of impunity. In order to take concrete measures against States that violate human rights, political will and a climate critical of such abuses must already exist. Without these factors, the possibilities of enforcement/fulfillment are much weaker.
The significant support for the CEDAW, second in importance only to the International Convention on the Rights of the Child The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil, political, economic, social and cultural rights of children. , can be misleading. While it appears to be a widely-recognized international instrument, acceptance of the CEDAW has not meant the recognition of the existence of gender discrimination by a significant number of governments. The CEDAW Committee and NGOs that advocate women's rights agree that the Convention lacks instruments to effectively encourage the protection of women's rights as guaranteed by other international instruments.
As international agencies for the protection and observance of human rights seek to strengthen the fulfillment of these obligations, they expose the weakness of the existing mechanisms. By March 15, 2002, 46 countries still had not sent their initial reports to the CEDAW committee, and a number of others had not yet sent subsequent reports, as stipulated in Article 18 which requires that the States periodically inform the committee about the advancement and execution of the Convention. (8) As a result, the CEDAW Committee has considered adopting new measures to ensure that States fulfill their obligations to report, proposing coordination with other United Nations agencies that monitor the fulfillment of other international human rights conventions.
Above all, the massive use of reservations has diminished CEDAW's power. (9) A manifestation of the sovereignty of each State, the use of reservations is allowed under international human rights law and is foreseen in the Vienna Convention Vienna Convention
Common name for the United Nations Convention on Contracts for the International Sale of Goods. They are a body of law governing the international sale of goods between parties domiciled in member countries. on Treaty Law, as long as the reservation does not threaten the objective and purpose of the agreement. This principle is contained in CEDAW's Article 28, and while the CEDAW has been ratified by the majority of countries, a significant number of States have applied reservations to key sections of the Convention. At the same time, there is no procedure for showing that the use of reservations threatens the spirit of the CEDAW. (10) The CEDAW Committee has only been able to insist that the States withdraw their reservations, in particular those that take issue with the definition of discrimination for cultural or religious reasons contained in Article 2. The rejection of this fundamental article of the Convention would effectively bind the hands of the CEDAW Committee.
Herein lies the importance of the adoption of the Optional Protocol. In any case, the environment in which the Protocol is being developed reveals a great deal regarding how far we still have to go. As a past member of the Committee, Judge Silvia Cartwright Dame Silvia Rose Cartwright, PCNZM, DBE, QSO (née Poulter) (born November 7 1943) was New Zealand's second female Governor-General.
She is a graduate of the University of Otago, where she gained her LL.B in 1967 and a former student at Otago Girls High School. , described, the Committee could not reach a consensus regarding the adoption of the Protocol that would have allowed for control and accountability at the international level. (11) In general, the political opposition to the adoption of an additional protocol came from very different continents: Asia, North Africa, North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. and even some European countries. (12) Notorious among this group is the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . The U.S. has not ratified the CEDAW but has made numerous observations on the process to adopt the Optional Protocol, as well as the instrument that gave rise to the creation of the International Criminal Court.
Many of the States that still have not ratified the CEDAW have expressed concerns with two fundamental aspects of the draft Protocol: first, the possibility that third parties could lodge complaints in the name of others; and second, the possibility of invoking reservations on the Protocol. The first of these points was intended to remedy women's historic situation of subordination, their lack of access to channels of redress and the infinite possibilities that women's denunciations could be used against them. As a result, the experts and organizations advocated intensely for a Protocol that would allow for individual complaints as well as those lodged by groups in the name of women victims of rights violations. If individual denunciation DENUNCIATION, crim. law. This term is used by the civilians to signify the act by which au individual informs a public officer, whose duty it is to prosecute offenders, that a crime has been committed. It differs from a complaint. (q.v.) Vide 1 Bro. C. L. 447; 2 Id. 389; Ayl. Parer. alone had been allowed, in many parts of the world women's situations of helplessness would have continued.
On the other hand, allowing reservations to be applied to certain aspects of the Protocol could counteract the intent of this mechanism, just as with the Convention. Reservations as an institution could be reduced or eliminated; they would be unnecessary, as any plaintiff must exhaust all the domestic avenues before lodging a denunciation under the Protocol. According to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. Judge Cartwright, if a State opted out of the research procedure established in Article 8, then there was no sense in incorporating the reservation. As she explains, the less likely that a State was to adopt the CEDAW, the more likely it was to press for a reservation. These hypocritical positions reveal that the States were unwilling to assume these obligations, but if they had to assume them--aware of the political benefits of joining a global consensus at these forums--they wanted to restrict their obligations as much as possible.
Even since the adoption of the Optional Protocol by the Commission on the Status of Women Noun 1. Commission on the Status of Women - the commission of the Economic and Social Council of the United Nations that is concerned with the status of women in different societies in 1999, challenges and contradictions continue to exist. In the era of globalization globalization
Process by which the experience of everyday life, marked by the diffusion of commodities and ideas, is becoming standardized around the world. Factors that have contributed to globalization include increasingly sophisticated communications and transportation , and since the inevitable adoption of the Protocol, the Vatican's position has been felt strongly throughout the world. Local hierarchies of the Catholic Church imbue im·bue
tr.v. im·bued, im·bu·ing, im·bues
1. To inspire or influence thoroughly; pervade: work imbued with the revolutionary spirit. See Synonyms at charge.
2. their discourse with the same logic of their preparation for the conferences in Cairo and Beijing, calling for a rediscussion of the concepts of gender and the role of the woman in the family, off-handedly belittling be·lit·tle
tr.v. be·lit·tled, be·lit·tling, be·lit·tles
1. To represent or speak of as contemptibly small or unimportant; disparage: a person who belittled our efforts to do the job right. the CEDAW's Committee of Experts. In Chile, at least, the local elites have been urged to maintain the status quo [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy. , and new debate criticizes the "ideological colonialism" that supposedly bends national sovereignty to the will of international organisms insensitive to different cultures. Although easily foreseen, the pressure against the governments that have actively promoted the Protocol is quite worrying. In Chile, in an effort to pour oil on politically troubled waters, the Minister of the National Women's Service The National Women's Service (Spanish: Servicio Nacional de la Mujer), or SERNAM is a public service in Chile, a funcionally decentralized organization, with its own funding, which is part of the cabinet-level Ministry of Planning and Cooperation under the President of , Adriana Delpiano Adriana Delpiano Puelma is a Chilean politician and the current Intendant of the Santiago Metropolitan Region (Intendenta de la Región Metropolitana). , took a similar stance, questioning the recommendations that the committee had made to Chile regarding the absence of therapeutic abortion Abortion, Therapeutic Definition
Therapeutic abortion is the intentional termination of a pregnancy before the fetus can live independently. Abortion has been a legal procedure in the United States since 1973. and other issues tied to sexual and reproductive health. Delpiano pointed out that the CEDAW Committee effectively had overstepped its bounds and that CEDAW makes no reference to these issues. (13)
On the occasion of the ratification of the Protocol, we must reaffirm that maternity is not women's inevitable destiny and that the right to life lacks meaning if it deprives us of the possibility of protecting our own lives and of preventing sexually transmitted diseases Sexually transmitted diseases
Infections that are acquired and transmitted by sexual contact. Although virtually any infection may be transmitted during intimate contact, the term sexually transmitted disease is restricted to conditions that are largely . We must be able to exercise the basic rights of access to information and education, as well as adequate sexual and reproductive health services.
Nationalist rhetoric of traditions and local idiosyncrasy idiosyncrasy /id·io·syn·cra·sy/ (-sing´krah-se)
1. a habit peculiar to an individual.
2. an abnormal susceptibility to an agent (e.g., a drug) peculiar to an individual. has silenced the serious violations of women's rights in our continent. The daily use of rape as a weapon of war against women and children, especially among indigenous peoples, such as in Guatemala, (14) and the forced sterilization of thousands of indigenous women as part of Fujimori's population control policies went unchallenged; not even the most conservative sectors spoke up to denounce these actions. The Protocol will constitute an effective tool to denounce and eradicate the norms and practices that have kept us in a position of subordination. In a process of democratic consolidation such as that currently underway with some degree of success throughout the region, it is unthinkable that women will have to continue waiting.
Under current conditions, it is foreseeable that the States, under the sway of outspoken minorities with considerable power, may block the ratification of the Protocol, insisting on the use of reservations. This will be one more trial by fire for the international community and the women's movement, which will have to continue their embattled efforts and insist that the hard-won gains of these processes become a reality.
(1.) Coomaraswamy, Radhika (1996). Report on the mission to the Democratic People's Republic of Korea The People's Republic of Korea (PRK) was a short-lived provisional government organized to take over control of the country after the Surrender of Japan at the end of the Pacific War. It existed in August and September 1945. , the Republic of Korea and Japan on the issue of military sexual slavery in wartime. E/CN.4/1996/53/Add. 1.
(2.) Ni Aolain, Fionnula (1997). "Radical Rules: The Effects of Evidential ev·i·den·tial
Of, providing, or constituting evidence: evidential material.
ev and Procedural Rules on the Regulation of Sexual Violence in War," in Albany Law Review vol. 60, p. 884.
(3.) Odio, Elizabeth (1997). "Proteccion Intemacional de los Derechos Humanos de las Mujeres," quoted in Guatemala: Memoria del Silencio, Comision de Esclarecimiento Historico, on-line at http://www.shr.aaas.org
(4.) Ibid., p. 900. In this sense, the rules of evidence on the issue of sexual violence set a precedent. Rule of Evidence 96 establishes that in cases of sexual aggression, corroboration is unnecessary; consent by the victim will not be admitted if the victim had been the object of threats or had well-founded fears of violence, coercion, detention or psychological pressure; nor will the victim's sexual behavior be admissible evidence.
(5.) Ni Aolain, op. cit.
(6.) Article 7, paragraph g.
(7.) Timothy, Kristen and Marsha Freeman (2000). "Convention and the Beijing Platform for Action: Reinforcing the Promise of the Rights," in IWRAW IWRAW International Women's Rights Action Watch : Producing NGO NGO
Noun 1. NGO - an organization that is not part of the local or state or federal government
nongovernmental organization Shadow Reports. International Women's Rights Action Watch, Hubert H. Humphery Institute of Public Affairs
Address: Minneapolis, Minnesota, USA. , February 2000. On-line at http://iwraw.igc.org/ beijing5/freeman-timothy-paper. htm
(8.) United Nations CEDAW/EGM/ LUND/WM/2002/Report.
(9.) Reservations are the only mechanisms that frees a State Party to an international instrument from the obligations of certain of the agreement's contents. Reservations are expressed in a unilateral statement which limits or excludes the legal effects of the stipulated section(s) of the agreement. The International Court of Justice has reaffirmed the principle contained in the Vienna Convention on Treaty Law that stipulates that reserves are admissible only if they do not violate the objective and the purpose of the treaty. Fernandez, Marisol, Mery Vargas and Teresa Hernandez (1999). Innovando Rutas Legales. DEMUS: Lima, p. 71.
(10.) Cartwright, Silvia (1998). "Rights and Remedies: the Drafting of an Optional Protocol to the Convention on the Elimination of all forms of Discrimination against Women," in Otago Law Review vol. 9, no. 2, p. 240.
(11.) According to her testimony, Ms. Sato of Japan and Ms. Hartono of Indonesia resisted the idea of the Protocol. In the end, Ms. Hartono continued to dissent. See Silvia Cartwright, op. cit.
(12.) Ibid., p. 240.
(13.) Intervention of the Minister in the 111th Session of the Chamber of Deputies, April 3, 2001.
(14.) On-line at http://hrdata.aaas. org/ceh/mds/castellano/cap2/ vol3/mujer.html
RELATED ARTICLE: Strengthening advocacy in women's human rights and international justice.
The Women's Caucus for Gender Justice is a network of individuals and groups committed to strengthening advocacy on women's human rights and developing women's capacity to use the International Criminal Court and other mechanisms that provide women access to justice.
* To incorporate gender perspectives into the ongoing process of establishing the International Criminal Court and other mechanisms through the worldwide involvement of women in the process.
* To help enable these institutions and instruments to protect and promote gender justice effectively.
* Work towards the establishment of the International Criminal Court (ICC ICC
See: International Chamber of Commerce ) and ensure its responsiveness to the principles of gender justice.
* Participate in the ICC Ratification Campaign.
* Monitor and assist the Court to fairly and effectively prosecute cases of gender violence.
* Promote awareness of the International Criminal Court.
The Women's Caucus grew out of the work of a last-minute organizing effort of a small group of women human rights activists at the February 1997 Preparatory Committee for the Establishment of an International Criminal Court at the UN. These women realized that without an organized caucus, women's concerns would not be appropriately defended and promoted.
Building on the work of previous caucuses formed around the Vienna, Cairo and Beijing Conferences and considering the success of this ad hoc caucus in integrating a gender perspective, in brackets, into the definition of crimes against humanity and war crimes, these women decided to form a permanent caucus which would be part of the ICC but autonomous in its function.
The Caucus tried to encourage women from every region of the globe to become involved. As the Caucus grew and became more structured, three main goals were identified by the more than 300 organizations from all over the world which supported its work. These were:
1) To ensure the worldwide participation of women's human rights advocates in the negotiations prior to the ICC treaty and to lobby for an effective and independent court;
2) To take advantage of this opportunity to educate government delegations and mainstream Human Rights NGOs on their commitments to women and the need to integrate a gender perspective into the UN;
3) To use this historic event as a means for popular education on women's human rights and to raise public awareness of the horrific nature of crimes committed against women.
Along with our focus on women's concerns, the Caucus consistently made our views known on issues whose gender aspects are generally not recognized, such as jurisdiction, independence of the prosecutor, complementarity com·ple·men·tar·i·ty
1. The correspondence or similarity between nucleotides or strands of nucleotides of DNA and RNA molecules that allows precise pairing.
2. , cooperation, financing, etc. Nevertheless, due to our limited human and financial resources and lack of allies, we had to place priority on those issues most directly of concern to women in our position papers, our lobbying efforts and in our core principles.
As a result, a broad range of crimes of sexual and gender violence are encompassed in the jurisdiction of the International Criminal Court. The Rome Statute contains broads mandates on the participation and protection of victims and witnesses and the need to include women and experts on sexual and gender violence on the court.
From the website of the Women's Caucus for Gender Justice, http:/ /www.iccwomen.org/
The author is a lawyer and researcher for the Research Center at the Law School of the Universidad Diego Portales Universidad Diego Portales (UDP) is a private university in Chile named after the Chilean statesman Diego Portales. UDP has campuses in the Barrio Universitario de Santiago and Talca. in Chile. She is also a member of the Corporacion de Salud y Politicas Publicas (CORSAPS CORSAPS Corporación de Salud y Políticas Sociales (Health and Social Policy Corporation; Chile) , Health and Public Policy Institute).