Human Rights of Women - Essay Example

Human Rights of Women Order No.263684 January ‘09 Human rights of women Today millions of women live in miserable conditions with their fundamental human rights being attacked for the simple reason they are women. They are being relentlessly and systematically abused and the world even though it is not condoning this abuse, is yet tolerating it. Violence and discrimination against women is a social epidemic that is still prevailing in spite of the international women’s human rights movement that is trying to raise awareness and challenge human rights violations. Violence of any form against a woman is not only an affront to her dignity but is a violation of fundamental human rights. When violence is perpetrated on a woman some of the basic human rights are violated: The human right to life, the human right to respect and dignity, the human right to good physical and mental health, the human right to freedom from violence and discrimination, the human right to equality between women and men and the human right to freedom from sexual and physical abuse. As Kofi Annan (1999) UN Secretary General has said, “Violence against women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It knows no boundaries of geography, culture, or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development, and peace.” According to the Vienna Declaration and Programme of Action the human rights of women and of the girl-child are "an inalienable, integral and indivisible part of universal human rights." There are many human rights treaties that guarantee women equal treatment and freedom from discrimination. In recent world conferences commitments have been made by governments to ensure the human rights of women. For instance womens human rights are central to the Beijing Declaration and Platform for Action. The Universal Declaration of Human Rights states that "everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Whereas The Declaration on the Elimination of Violence Against Women states that "violence against women means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." and that states have an obligation to " exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons." However the human rights of women continue to be violated all over the world. For instance, women in countries like Rwanda, Afghanistan, and Republic of Congo are raped and used as weapons of war. In countries like Pakistan, Russia, South Africa and Uzbekistan women are beaten and the governments there refuse to intervene. Women from countries like Burma, Ukraine and Thailand are bought and sold and forced to prostitution with the governments again turning a blind eye. Places like South Africa, Guatemala and Mexico have discriminatory employment laws and women do not get employment in private enterprises. In Morocco, Kuwait, Jordan and Saudi Arabia women face discriminatory law codes and the women there do not have any legal authority. It is only the male members of the family who have the legal authority. Women are restricted from participating in public life. Afghanistan is the only country where the female suicide rate is higher than that of males. In Nepal early marriage and childbirth has resulted in malnourished women. Girls here are sold to traffickers before they reach their teens. Other countries in which womens lives are much worse than mens include Guatemala, where gruesome murders have left hundreds of women dead, Pakistan where honour killing is widespread and religious extremists are targeting female politicians, human rights workers and lawyers and oil-rich Saudi Arabia women where women are totally dependent on men and do not have the right to drive a car or mix with men in public. The case of Maria da Penha Maia Fernandes, who suffered several years of violence inflicted on her by her husband Marco Antonio Heredia Viveiros, is a perfect example of how laws always do not support victims of domestic violence. Maria after years of suffering was finally shot by her husband while she was sleeping. Ms Fernandes suffered serious injuries including permanent paraplegia. Mr.Viveiros attempted to kill Ms. Fernandes once again by electrocuting her while she was bathing. In court the case languished for eight years before he was found guilty and sentenced. Mr.Viveiros appealed and a second trial was ordered. Further appeals followed and even after nineteen years or so the perpetrator is still free and the courts have yet to issue a final ruling. Ms. Fernandes has received no financial support from her ex-husband and soon any punishment will be barred by the statute of limitations and the perpetrator is likely to enjoy total impunity. Ms. Fernandes may get justice as the Inter-American Commission on Human Rights reviewed the failure of the Brazilian legal system and in a ruling, the IACHR held the Brazilian government accountable for its judicial tolerance of domestic violence. This case highlights the fact that the Brazilian legal system failed Maria Fernandes. This is happening in other countries too. It is a shame that a woman should wait for so many years for a ruling and that too for attempted murder. One of the reasons why there is widespread violation of women’s human rights is poverty. It has been estimated that more than 1 billion people live in poverty around the world, and out of this the majority are women. It is the poor women who are more susceptible to violations of human rights. When there is inadequate food, housing, or health care, human rights are violated. A woman is unable to enjoy her fundamental human rights to a life of dignity and a certain standard of living in these conditions. However it can be the other way round too. Violation of human rights can cause poverty. For instance, when women do not get equal employment opportunities and are paid less than men for the same amount of work they become vulnerable to poverty. When they do not have access to education and when they are denied the right to have or restrict the number of children they can have, their ability to earn is reduced. In spite of so many declarations that all people have the fundamental human right to education women girls continue to be discriminated at all levels of education. Similarly many women and girls face obstacles when it comes to their right to health, food and nutrition. Women throughout history have always fought for their rights. There have many famous human rights campaigners. Elizabeth Cady Stanton was a leading figure in the early womens rights movement and is often credited for starting an organized womans rights and womans suffrage movements in the United States. In 1927 five women Emile Murphy, Louise McKinney, Nellie McClung, Henrietta Edwards and Irene Parlby came be to be known as the famous five after they brought to Canada’s Supreme Court the notorious ‘Persons Case” about whether women could be legally considered as persons and eligible for public office (Ros Horton and Sally Simmons, 2007). Alice Paul was an ardent supporter of suffrage and was the one who urged President Woodrow Wilson to support suffrage. Susan B. Anthony was not allowed to speak at temperance rallies because she was a woman. This experience, led her to join the womens rights movement in 1852. She campaigned for the abolition of slavery, womens rights to their own property and earnings, and womens labour organizations. Ruth Ginsburg, Director of Womens Rights project of the American Civil Liberties Union argued many cases before the Supreme Court and was appointed to the Supreme Court in 1993. Gloria Steinem, a journalist and womens rights advocate is the founder and original publisher of Ms. Magazine. Steinem is known to have brought other notable feminists to the front and is the co-founder of the National Womens Political Caucus and the Womens Action. Ellen Carol DuBois succeeded in kindling renewed interest in woman suffrage through her book Woman Suffrage and Womens Rights (1996). Noushin Ahmadi Khorasani of Tehran is one of the organizers of a campaign to gain a million signatures in support of women’s rights. The list of women campaigners is endless. In violence against women domestic violence is one of the most serious forms of violence against women. It exists all over the world and occurs at all levels of society. Domestic violence is generally used to exert power and control over another individual. It typically comprises abusive and coercive behaviour such as physical, psychological, sexual abuse or even economic abuse in the form of denying financial independence or economic decisions. It also includes limiting personal choices and freedoms. Domestic violence causes serious damage to health, both physical and emotional and may even end in death. Other than physical injuries, domestic violence can cause fear, distress and loss of self-confidence, destroying the victim’s will power. "It confirms ... that living in a dangerous and stressful environment has long-term health impacts. Its like living in a war zone," says Rita Smith, executive director of the National Coalition against Domestic Violence, an advocacy group. It is not easy to define violence against women. There are many interpretations and most international instruments and national texts on the subject define it in broad terms. The Council of Europe in its recommendation to member states on the protection of women against violence, defines domestic violence thus: “the term “violence against women” is to be understood as any act of gender-based violence, which results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life. This includes, but is not limited to, the following: a. violence occurring in the family or domestic unit, including, inter alia, physical and mental aggression, emotional and psychological abuse, rape and sexual abuse, incest, rape between spouses, regular or occasional partners and cohabitants, crimes committed in the name of honour, female genital and sexual mutilation and other traditional practices harmful to women, such as forced marriages. “ Domestic violence takes place when a family member or a partner or an ex-partner attempts to dominate another either physically or psychologically. Domestic violence usually refers to violence between spouses but can also include cohabitants and non-married partners living together. Domestic violence may be in the form of physical violence, intimidation, sexual and emotional abuse, economic deprivation, and even threats of violence. Violence in the form of physical assault, sexual abuse and stalking comes under criminal behaviour, whereas emotional, psychological and financial abuses are not criminal behaviours. There are many theories that explain the causes of domestic violence, such as psychological theories that consider the personality and the mental make up of the offender to be the cause. The social theories consider external factors in the environment of the offender like stress, family structure and education to be the cause. There is no single theory that can explain the cause of domestic violence. Social stresses caused by inadequate finances or other problems in a family increases tensions and may result in conflicts. When a man is unable to economically support his wife and loses control he may resort to misogyny and violence to gain control. Some other factors that cause domestic violence include mental health and excessive alcohol consumption It is a fact that in the United States, a woman is raped every 6 minutes; a woman is battered every 15 seconds. It is said that in North Africa thousands of women are genitally mutilated every day. In China thousands of women are sold. In Bangladesh women are disfigured or burnt with acid by their rejected husbands or suitors and in India thousands of women are murdered by their families and in-laws for dowry. It is tragic that every year, violence either in the home or the community destroys the lives of millions of women. However in recent years many countries have taken a significant step toward domestic violence by improving laws relating to violence against women For instance, Mexico has revised its rape law and eliminated that clause that said that a man who had raped a minor need not be prosecuted if he agreed to marry her. The Organization of American States has adopted the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women that recognizes all gender-based violence as an abuse of human rights. In Brazil, specific police stations staffed entirely by women have been established to deal with womens issues, including domestic violence. In Turkey, a Ministry of State for Women has been established to promote womens rights. Some countries are contemplating having special courts to deal with violence, psychological treatment for abused women and specially trained female police officers to combat domestic violence. It is difficult to determine the precise incidence of domestic violence in America for several reasons. First more often than not it goes unreported. Second there is no nationwide organization that gathers information about the number of reported cases of violence from local police departments. Third there is disagreement about the definition of domestic violence. However the U.S. Department of Justice Bureau of Justice Statistics defines domestic violence as violent crimes by current or former spouses, boyfriends, and girlfriends and that violent crimes include lethal (homicide) and non lethal (rape, sexual assault, robbery, aggravated assault, and simple assault) offences. The exact numbers may not be available but recent surveys have thrown up some interesting trends. They show that the numbers vary according to gender, race, geographical location and economic and educational status. For instance 75% of homicide victims by a partner are women. It has been estimated that women fall prey to domestic violence at a rate that is about five times that of male victims. Black women suffer from the highest rates of domestic violence. If you consider age, it has been reported that it is usually women between the ages of 16 and 24 that suffer domestic violence. Again surveys show that it is the poorer women who suffer more than higher income women. Another trend noticed is that divorced women are more susceptible to violence. Another interesting trend is that the rate of Hispanic and black women reporting domestic violence to the police is much higher than that of white women. There is no doubt that domestic violence has taken a great toll on the women of America. An estimated 3-4 million women are physically assaulted by members of their own families every year. A new government report shows an increase of 42 percent in reported domestic violence. The National Crime Victimization Survey says that at least 248,300 individuals were raped or sexually assaulted in 2007. Sarah Tofte, researcher for the US Program at Human Rights Watch says, "The numbers in this survey show an alarmingly high rate of sexual violence in this country. This should serve as a wake-up call that more must be done to address the problem in the US." Battering of women is the most under reported crime in America and it has been estimated that domestic violence is the main cause of injury to women between the ages of 15 and 44 in the United States. The rate of injury caused to women from this is more than injury caused through car accidents or muggings. In the United States millions of women are beaten every year either by their husbands, ex-husbands, or lovers. Battering occurs among people of all ages, races, classes, religions, occupations, and educational backgrounds. Separation does not mean that it is the end of domestic violence. Over 70% of the separated women are injured in domestic violence even after separation. Jessica Gonzales whose three daughters were kidnapped and killed by her separated husband and whose domestic violence protection claims were rejected by the U.S. Supreme Court epitomizes victims of domestic violence in the United States who very often lack advocates. “Sadly, Jessica’s case is not isolated,” said Lenora Lapidus of the ACLU Women’s Rights Project.  “Women across the United States and across the globe are subjected to violence.  The tragedy is how often these women reach out for help and are denied.  Police departments and government agencies must fulfil their obligations to prevent, protect and provide redress for such abuse.” There is no doubt that one of the most complex problems that have reached huge proportions in America is that of domestic violence against women. This crime leaves the victims full of fear, anxiety, and shame. The United States is aware of this problem and much is being done to set right this problem. However it is seen that there is no single solution that can significantly reduce the occurrence of domestic violence. What is required is community based programs and enforcement of harsh penalties for perpetrators of domestic violence. The U.S. has been tackling this issue for decades by enforcing legislations that protect victims and punish the offenders, by providing shelters for victims, by establishing institutions that provide counselling for abused women and by initiating education programs for the young to try and prevent abuse. Any response to domestic violence today is a combined effort of law enforcement agencies, courts, social service providers and correctional or probation agencies. Earlier it was not so. Domestic violence earlier was considered a family matter and that it did not necessitate government intervention. The police were reluctant to intervene and take actions like arrest. They chose to counsel and at the most asked one partner to live separately for some time. Similarly courts too were reluctant and viewed domestic violence as a misdemeanour offence. Initiatives by activists, advocacy groups, and feminist groups have brought about changes in the response by judicial systems. Several initiatives and projects have helped to fill the void in the justice system that involves protection of victims. The Hope Card Project is one such initiative that attempts to help victims of abuse by providing the victims with an ID Card. The holders of these cards get help through a voucher program for services. Medical professionals are in a position to give victims advice, and refer them to appropriate services. The health care professionals in the United States, and elsewhere have not always done this. Many doctors feel that they should not get involved in the private lives of their patients. Training for general practitioners in the United States to treat domestic violence is very limited. Again the victims too are to blame. They are reluctant to discuss the issue with their physicians. They suffer several incidents of domestic violence before going to a physician. Many believe that the justice system in the United States has begun to address the problem of domestic violence only quite recently. One cannot deny the fact that the treatment of domestic violence by police and the courts earlier was flawed. In the 1960s and 1970s domestic violence was treated more like a family problem rather than as a crime. Only with the rise of feminism the prevailing attitudes toward domestic violence changed. Landmark books like Battered Wives by Del Martin focused attention on the plight of women in abusive marriages. The first shelters and hotlines for battered women were opened in the United States in the 1970s. In 1984, the case of Tracey Thurman turned out to be a wake up call for the judiciary. Tracey from Connecticut filed a lawsuit in the U.S. Supreme Court after the police failed to intervene while she was repeatedly stabbed by her husband and the court awarded Tracey $2.3 million as compensatory damages. This award was a sort of turning point. Again in 1994, the murders of Nicole Brown Simpson and Ron Goldman, and the arrest of retired celebrity athlete and convicted wife abuser O.J. Simpson on murder charges instantly raised public awareness of domestic violence and the Congress passed the Violence against Women Act (VAWA). VAWA made domestic violence and sexual assault crimes and gave more funds to agencies helping victims to improve their services. In 2000, the VAWA was re-authorized and stalking and dating violence was added to the list of crimes that were covered by the law. On January 5, 2006, the law was again re-authorized and more programs and services were added such as violence prevention programs, funding for rape crisis centres, more programs and services for victims with disabilities and services for children and teens. A few critics believe that the anti-domestic violence activists are using inflated figures and that the problem of domestic violence is being overstated. But there is no denying the fact that domestic violence continues to be a serious and tragic problem. What is required today is what Lind Mills (2004) in her book Insult to Injury: Rethinking Our Responses to Intimate Abuse advocates, an integrated approach that emphasizes prevention of violence and helps couples to overcome destructive tendencies in their relationships. Dr. Mills a feminist advocate for battered women has urged for a new look at the issues involved in domestic violence. Bibliography 1. 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