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CEDAW
A Treaty to End Discrimination
Kajalie
Shehreen Islam
In
some parts of rural Bangladesh, a newborn male child is
welcomed with the sound of a loud azaan. A newborn girl
child, if she is lucky enough, has the azaan whispered in
her ear.
Thus
begins the lives of millions of girls and boys in our society
-- as well as in many other places -- discriminatory from
start to finish. Gender discrimination is widespread in
all spheres and at all levels, as indicated by official
statistics on health, nutrition, education, employment,
and political participation in all of which boys and men
are given preferential treatment and fare better in every
aspect.
Women
from rights groups all over the country demanded full ratification
of CEDAW by Bangladesh.
While
the Constitution of Bangladesh guarantees equal rights to
all citizens in Article 27 which states that “All citizens
are equal before law and are entitled to equal protection
of law” and Article 28(1), “The State shall not discriminate
against any citizen on the grounds only of religion, race,
caste, sex or place of birth”, it is self-contradictory.
Article 28(2) states, “Women shall have equal rights with
men in all spheres of the State and of public life” thus
restricting family matters such as marriage, divorce, custody,
maintenance, and inheritance to the discriminatory laws
of the “private sphere”.
It
was to counter, limit and, in a utopian world to end, this
sort of discrimination that the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW) was
adopted in 1979 by the UN General Assembly. Consisting of
a preamble and 30 articles, it came into force as a treaty
on September 3, 1981. It defines what constitutes discrimination
against women and sets up an agenda for national action
to end such discrimination.
The
Convention defines discrimination against women as “...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.”
By
accepting the Convention, States commit themselves to undertake
a series of measures to end discrimination against women
in all forms. This includes incorporating the principle
of equality of men and women in their legal system, abolishing
all discriminatory laws and adopting appropriate ones prohibiting
discrimination against women. Another measure is to establish
tribunals and other public institutions to ensure the effective
protection of women against discrimination. Yet another
step is to ensure elimination of all acts of discrimination
against women by persons, organisations or enterprises.
Addressing
the discussion on CEDAW Day, Mahila Parishad Chairperson
Hena Das.
The
Convention provides the basis for realising equality between
women and men through ensuring women's equal access to,
and equal opportunities in, political and public life --
including the right to vote and to stand for election --
as well as education, health and employment. The parties
agree to take all appropriate measures, including legislation
and temporary special measures, so that women can enjoy
all their human rights and fundamental freedoms.
The
Convention is the only human rights treaty which affirms
the reproductive rights of women and targets culture and
tradition as influential forces shaping gender roles and
family relations. It affirms women's rights to acquire,
change or retain their nationality and the nationality of
their children. Parties also agree to take appropriate measures
against all forms of traffic in women and exploitation of
women.
The
174 countries that have ratified or acceded to the Convention,
also known as the “international bill of rights for women”,
are legally bound to put its provisions into practice. They
are also committed to submit national reports, at least
every four years, on measures they have taken to comply
with their treaty obligations.
Bangladesh
ratified CEDAW on November 6, 1984 with reservations on
Articles 2 (condemning discrimination against women in all
forms and pursuing a policy to eliminate it), 13(a) which
guarantees equality of men and women in economic and social
life and with family rights in particular, 16(1)(c) ensuring
the same rights and responsibilities in marriage and dissolutions
and 16(1)(f) which provides for equal rights with regard
to guardianship, wardship, trusteeship, and adoption of
children. Reservations on Articles 16(1)(c) and 16(1)(f)
were withdrawn in July 1997 but the other provisions remain
the top priority of women's organisations and NGOs in their
lobbying and advocacy activities.
In
observance of CEDAW Day on September 3 of
this year, Mahila Parishad organised a discussion in which
members of various NGOs as well as representatives of some
foreign organisations were present. In their addresses,
the speakers demanded Bangladesh's full ratification and
implementation of CEDAW. “Article 2 states the spirit of
the Convention,” said Mahila Parishad General Secretary
Ayesha Khanam. In order to stop heinous crimes against women,
of dowry, rape, murder and discrimination in all its forms
including matters concerning inheritance of property, rights
over children and citizenship, Bangladesh must ratify Article
2, she added.
Among
other recommendations put forward at the discussion on behalf
of Mahila Parishad by Kaniz Mahbuba Keya, Professor of Rajshahi
University, were demands for political participation of
women in affairs of the State, improvement of the law and
order situation and generating a positive image of women
in general.
Almost 20 years after Bangladesh's ratification of CEDAW,
women's rights groups vociferously, and women in their homes
privately, continue to struggle for their rights. It is
obvious that simple ratification of a treaty or even a number
of treaties does not ensure human rights. If they were implemented
in everyday life, the treaties would not even be needed.
Humanity has come to a point, however, where basic human
rights must be ensured by law, and even then they are not
assured.
We
seem to be going around in circles in our fight for women's
rights, first in considering women as human beings, then
ensuring equal opportunities for them regarding health,
education and employment and then in demanding their rights
in the private sphere, in issues of marriage, divorce, children,
inheritance and so on. With any of these rights absent,
we go back to wondering whether women are actually considered
to be full human beings, equal to men. If men and women
were considered equal, there would be no need for “women's
rights”. The same “human rights” would apply to all. Women's
rights as human rights should not only be entrenched into
laws and legislatures, but embedded in the minds and practices
of people. Only then will they come naturally and honestly.
Some
information in the above article has been cited from the
website of United Nations Division for the Advancement of
Women.
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