28 Other Types Of Group Rights

Dr. Aneesh V. Pillai

Table of contents

1. Learning outcome

2. Introduction

3. International Law- CEDAW

3.1. Elimination of Discrimination in the field of Education

3.2. Elimination of Discrimination in the field of Employment

3.3. Elimination of Discrimination in other fields

3.4. Elimination of Discrimination in matters relating marriage and family

WOMEN’S RIGHTS

1. Learning outcome

Students are trained to understand how women’s rights is a group right, and how it is different from other group rights which were discussed hitherto. They are also able to understand the international initiatives in this field, along with the Constitution of India.

2. Introduction

Hitherto we were discussing about group rights where individual could not have any specific right, independent of that of the other individuals in the group. For example in the case of right to self determination, it is the right of a group of people to determine their political, social, and other set up. In the case of right to development, also, it is the right of a nation to become developed. No particular individual can claim this as a right. As against this, when it is an individual right, it is given to an individual in his capacity as a human being. He alone can enjoy all the rights. For example, freedom of speech and expression, right to life, right to education, right to property etc. These are individual specific. There are certain other rights which though are individualistic in nature, they are given to a human being, by virtue of his being a member of a particular group, especially vulnerable groups. This includes, women’s rights, children’s rights, rights of differently abled persons, tribes, scheduled caste, minority rights, aged persons’ rights and aboriginal rights.

This module deals with women’s rights. Women’s rights can be termed as group rights because these are rights given only to a group called women. As it is a sex related classification, these rights can be related only with the disability a woman may suffer because she is a woman. Discrimination is the one major problem the women face in all walks of life. So, right against discrimination can be termed as the most fundamental of all women’s rights. Sexual abuse, and sexual exploitation, domestic violence etc. are also part of these rights.

3. INTERNATIONAL LAW

CEDAW

The Convention on Elimination of All forms of Discrimination (CEDAW) is the most important international law that deals with the women’s rights. This document demands the State parties to take all steps to eliminate discrimination against women in the field of education, employment, political, personal and social life. Discrimination is defined as “”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.”

Article 2

3.1.1. Elimination of discrimination in the field of Education

CEDAW stipulates the State parties to take the following measures to eliminate discrimination in the field of education.

“(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d ) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. “

Thus, CEDAW aims at making available all types of education to women just as in the case of men.

Elimination of Discrimination in the field of Employment

CEDAW stipulates that

“1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training.

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work.

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. “

Elimination of Discrimination in other fields

CEDAW also aims at elimination of discrimination against women in economic and social life, where State parties have to take measures to ensure equality of men and women, the right to family benefits, the right to bank loans, mortgages and other forms of financial credit, and the right to participate in recreational activities, sports an all aspects of cultural life.

Rural women shall have the right :-

a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in family planning;

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Apart from these, the State parties are to accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. Women shall be given equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. l Contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void women have the same rights with men regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

Elimination of Discrimination in matters relating to marriage and family

CEDAW stipulates

“1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.”

Other measures

Also, the State parties have to take the following measures to eliminate discrimination:-

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.”

Convention on the Political Rights of Women

This is a small convention which guarantees the following 3 rights

ARTICLE I Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.

ARTICLE II Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.

ARTICLE III Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.

Declaration on the elimination of violence against women

This Declaration defines violence against women as:-

(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;

(b) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;

This Declaration thus requires the State parties to take all steps to eliminate discrimination against women. States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women.

Declaration on the Protection of women and children in emergency and Armed Conflict

This Declaration is aimed at protecting the women from the hardship of wars. The following are the main provisions of the Declaration.

Attacks and bombings on the civilian population, inflicting incalculable suffering, especially on women and children, who are the most vulnerable members of the population, shall be prohibited, and such acts shall be condemned.

The use of chemical and bacteriological weapons in the course of military operations constitutes one of the most flagrant violations of the Geneva Protocol of 1925, the Geneva Conventions of 1949 and the principles of international humanitarian law and inflicts heavy losses on civilian populations, including defence less women and children, and shall be severely condemned.

All States shall abide fully by their obligations under the Geneva Protocol of 1925 and the Geneva Conventions of 1949, as well as other instruments of international law relative to respect for human rights in armed conflicts, which offer important guarantees for the protection of women and children.

All efforts shall be made by States involved in armed conflicts, military operations in foreign territories or military operations in territories still under colonial domination to spare women and children from the ravages of war. All the necessary steps shall be taken to ensure the prohibition of measures such as persecution, torture, punitive measures, degrading treatment and violence, particularly against that part of the civilian population that consists of women and children.

All forms of repression and cruel and inhuman treatment of women and children, including imprisonment, torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction, committed by belligerents in the course of military operations or in occupied territories shall be considered criminal.

Women and children belonging to the civilian population and finding themselves in circumstances of emergency and armed conflict in the struggle for peace, self-determination, national liberation and independence, or who live in occupied territories, shall not be deprived of shelter, food, medical aid or other inalienable rights, in accordance with the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration of the Rights of the Child or other instruments of international law.

Conclusion

To sum it up, this module summarizes the various protection regimes provided for under different international treaties for the recognition of women’s rights. This has been done by taking students through Article 2 of Convention for Elimination of All forms of Discrimination Against Women (CEDAW) which concerns with the limitation of discrimination in the field of employment, the elimination of discrimination in other fields, regarding limitation of discrimination in matters relating to marriage and family. Also, among other instruments discussed here, the Convention on the Political Rights of Women and the Declaration on the elimination of violence against women are important towards women’s rights.

you can view video on Other Types Of Group Rights

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