The Rights of Women in International Law

Introduction

Life can never be smooth sailing if one of its wings is neglected. Women are the supreme source of inspiration, an embodiment of love and compassion. They both contribute to the development of each other’s life. All human beings are born free and equal in dignity and rights, they have different thoughts and ideas, which should be treated in the same way. However, the scenario is different in reality- the violations of woman’s rights are increasing highly. Many nations, developed and developing, have constantly violated woman’s rights, such as sexual discrimination, forced marriage, enforced prostitution etc. These also violate the principles of international law that enunciated in many international treaties and customs. This article will examine the status of woman’s rights in international law referring to different international treaties, customs, case laws and importance of protecting the inherent dignity of women.

Women’s Rights in International Law

Women’s equal rights:

Almost all The International Convention and Treaties are reaffirmed their faith in equal fundamental rights of Women and Man. The preamble of the United Nation Charter,1945; Universal Declaration of Human Rights (UDHR),1998;  International Covenant on Civil and Political Rights (ICCPR),1966; International Covenant on Economic, Social and Cultural Rights (ICESCR),1966 and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),1981 affirms that human beings are born free and equal in rights and that everyone is entitled to all the rights and freedoms, without distinction of any kind, including distinction based on sex.

According to Article 1 and 2 of the UDHR, all human beings are born free and equal in dignity and rights. Everyone is entitled to all the rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status.

Article 3 of the ICESCR and ICCPR ensure the equal right of men and women to the enjoyment of all economic, social, and cultural and political rights.

In Jessica Lenahan Gonzales and Others v. United States of America 2011, The Inter-American Commission on Human rights state that the American Declaration on the Rights and Duties of Man is a binding instrument guaranteeing woman the equal enjoyment of their human rights and fundamental freedoms. In EIPR and Interights v. Egypt, African Commission on Human and Peoples’ Rights decided that states must protect women against sexual harassment and other forms of gender-based violence experience in the public sphere.

• Right to life:

The most important and most valuable among individual rights and freedoms is the right to life. The right to life is a phrase that describes the belief that a human being has the essential right to live. A human being has the right not to be unjustly killed by another human being which recognized by the International Law.

According to Article 3 of the UDHR, everyone has the right to life, liberty, and the security of person.  The right to life is also recognized by the ICCPR. As per Article 6 of this covenant, every human being has the inherent right to life. This right shall be protected by law.

In Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Federal Republic of Ethiopia, 2016- African Commission on Human and Peoples’ Rights state that states must take action to prevent and protect women from abduction, rape and forced marriage. Similarly, in Fatma Yildirim v Austria 2007, Committee on the Elimination of Discrimination against Women held that, Failure to protect woman from domestic violence and responsibility for her death under international human rights law.

• Freedom from discrimination:

Discrimination refers unfair treatment of person on the grounds of race, color, age, or sex. All forms of discrimination prohibited by International Law. Article 2(b) of the ICESCR and Article 2 of the ICCPR prevent all kinds of discrimination based on race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status from enjoying all economic, social, cultural, civil and political rights.

UDHR prohibited all kinds of discrimination and ensure women equality in dignity and rights and state that without distinction of any kind, including distinction based on sex everyone is entitled to enjoy all the rights and freedoms.  CEDAW in their preamble and articles prohibited all forms of discrimination against women. According to Article 1 of the declaration states that discrimination against women, denying or limiting the equality of their rights with men, is fundamentally unjust and constitutes an offense against human dignity.

As per Article 2 and 3 of the CEDAW, the State parties condemn discrimination and agree to immediately pursue means to eliminate discrimination. They further agree to put principles of equality in national constitutions or legislation, to adopt legislation with sanctions where appropriate, and to eliminate discrimination in the private sector “by a person, organization, or enterprise; to modify or abolish existing laws, regulations, customs, and practices which discriminate and to repeal penal provisions which discriminate”.

In the CASE OF EREMIA v. THE REPUBLIC OF MOLDOVA, the European Court of Human Rights prohibited all forms of discrimination against Women.  In another case of X and Y v. Georgia, 2015- Committee on the Elimination of Discrimination against Women bound the state to must adopt a zero-tolerance policy for all acts of discriminatory violence against women.          

• Equality for women:

Equality before law is opposite of favoritism. It’s a principle that each independent being must be treated equally by the law (principle of isonomy) and that all are subject to the same laws of justice (due process). Everyone must be treated equally under the law regardless of race, gender, national origin, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias.

Article 15 of CEDAW, requires that women and men are to be treated equally before the law. This is one of the key Articles of the CEDAW Convention.

Article 7 of the UDHR states that “All are equal before the law and are entitled without any discrimination to equal protection of the law.”

ICCPR in Article 26 prohibits status-based discrimination such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status. It’s stated that “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law.” Broeks v the Netherlands (Communication No. 172/1984) is an example of article 26 of the ICCPR giving protection from discrimination.

In the case of EIPR and Interights v. Egypt, African Commission on Human and Peoples’ Rights recognized the principle of non-discrimination and equality before law. According to the decisions of the commission state are bound to take action against discrimination and ensure all persons are equally protected by the law. Maria Da Penha Maia Fernandes v. Brazil, 2001 also ensure the Women’s equality before law.

• Freedom from torture and inhuman or degrading treatment:  

Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) defines torture as ‘an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.’

Article 5 and 7 of the UDHR and ICCPR provides that no one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. 

Under Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, states are bound to take effective legislative, administrative, judicial or other measures to prevent such kinds of torture.  In the case of Raquel Martin de Mejía v. Peru, 1996– Inter-American Commission of Human Rights prevent all forms of inhuman or degrading treatment.  In another case of Abramova v Belarus, 2011 – Committee on the Elimination of Discrimination against Women held that Women in detention are entitled to safe and humane conditions, and should not be subjected to any form of gender-based ill-treatment.

• Right to Education:

Today more girls than ever go to school. women and girls face so many barriers based on gender, in the equal enjoyment of the right to quality education. The international Law protected the equal right to quality in education of everyone. Article 26 of the UDHR, Articles 13 and 14 of the ICESCR have recognized right to education.  

Article 10 of the CEDAW has been recognized as a women’s human right. In the famous Malala Yousafzai Case, the court ensure women’s equal right to education. ECtHR, Leyla Sahin v. Turkey [GC], no. 44774/98, ECHR 2005-XI, Judgment of 10 November, 2005 is another similar case which ensures women’s equal right to education.

• Freedom of expression:

Freedom of Expression it’s a legal right to express one’s opinions freely. It means a person can freely express his opinion, thought, emotion & ideas in any issues without interference. As a human being every individual can exercise this right.

According to Article 19 of the UDHR,

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 19 of the ICCPR state that-

Everyone has the right to freedom of expression and the right to hold opinions without interference. This right includes e freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice.

In Observer and The Guardian v United Kingdom [1991], Brandenburg v. Ohio (1969) & Cohen v. California, 1971, the court has defined the Freedom of expression.

• Women Equality in Civil and Political Rights:

International Law ensure equality for women in civil and political rights. Every human being has the right to enjoy equality in civil and political rights. Every woman is entitled to take part in the civil and political life without any discrimination.

Civil and political rights include: natural justice in law, right to vote, freedom of association, right to assemble, right to petition and right of self-defense. It’s protected people’s integrity and life from any forms of discrimination on grounds of race, color, age, gender, sex, political affiliation, ethnicity, and religion status. According to Article 1 of ICCPR, all peoples have the right of self-determination. According to this right, they can freely determine their political status.

Article 3 of this covenant state that all human being is entitled to equally enjoy the all civil and political rights. Article 7, 8, 9, 14, 15, 16, 17, 18, 19, 26 of the ICCPR also address civil and political rights.

Article 7 of the CEDAW guarantee women equality in the political right by ensuring their right to vote and to participate in government at all levels, in NGOs, and at the international level. 

In The Mauritian Women Case (Communication No. 35/1978) & Avellanal v. Peru (Communication No. 202/1986), the Human Rights Committee grant Women’s equality in Civil and Political Rights.

• Right to Property:   

Women tend to sacrifice their education and careers to have children, which prevents them from providing financial support.

A right to property is recognized in Article 17 of the UDHR. According to this article, everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property.

The African Charter on Human and Peoples’ Rights (ACHPR) in Article 14 of this charter granted the right of property.

• Women’s Right to Health Care:

Every woman has the human right to the highest attainable standard of physical and mental health. Enjoyment of the Women’s human right to health is vital to all aspects of a women’s life and well-being. Many women and girls face serious obstacles to the realization of their human right to health, including inequality of access to health care, food and nutrition, and customary practices detrimental to their health and well-being. All inequalities relating to health and practices harmful to women violate their fundamental human rights guaranteed in the CEDAW, UDHR, ICESCR ensure women’s Right to Health.

According to the Article 25 of UDHR , everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 

ICESCR in its Article 11 & 12 recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, and housing, and to the continuous improvement of living conditions. And everyone has the right to enjoy the highest attainable standard of physical and mental health.

Under Article 12 of the CEDAW, State Parties are bound to take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure equal access to health care services, including those related to family planning.

Conclusion:   

To protect the inherent dignity of the human being women’s rights must be protected first. International law is built up through the international treaties and customary international law These treaties and customary international law ensure women’s human rights. Women are the supreme inspiration, an embodiment of love, pity, and compassion. All human beings are born free and equal in dignity and rights, they have different thoughts and ideas, which should be treated in the same way. Women are entitled to enjoy the same human rights and fundamental freedoms as other individuals. International human rights treaties require State parties to take proactive steps to ensure that women’s human rights are respected by law and to eliminate discrimination, inequalities, and practices that negatively affect women’s rights. 

Writer: Muhammad Abdullah Al Kafi, Student of Law, BGC Trust University.

Endnote:

1. Jessica Lenahan Gonzales and Others v. United States of America (2011), https://blogs.lse.ac.uk/vaw/landmark-cases/jessica-lenahan-gonzales-and-others-v-usa/.
2. EIPR and Interights v. Egypt, https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/eipr-and-interights-v-egypt/.
3. Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Federal Republic of Ethiopia (2016), https://www.globalhealthrights.org/africa/equality-now-and-ethiopian-women-lawyers-association-ewla-v-federal-republic-of-ethiopia/#gsc.tab=0.
4. Fatma Yildirim v Austria (2007), https://opcedaw.wordpress.com/2013/06/29/fatma-yildirim-deceased-v-austria/; https://projects.iq.harvard.edu/violenceagainstwomen/publications/yildirim-v-austria.
5. EREMIA v. THE REPUBLIC OF MOLDOVA, http://hudoc.echr.coe.int/fre?i=001-119968; https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-119968%22]}.
6. X and Y v. Georgia (2015), https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/x-and-y-v-georgia/.
7. Broeks v the Netherlands (Communication No. 172/1984), https://www.un.org/womenwatch/daw/cedaw/protocol/cases.htm.
8. EIPR and Interights v. Egypt, https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/eipr-and-interights-v-egypt/.
9. Maria Da Penha Maia Fernandes v. Brazil (2001), https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/maria-de-penha-v-brazil/.
10. Raquel Martin de Mejía v. Peru (1996), https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/meija-v-peru/.
11. Abramova v Belarus (2011), https://blogs.lse.ac.uk/vaw/landmark-cases/a-z-of-cases/abramova-v-belarus-2011/.
12. 12.https://www.researchgate.net/publication/316055729_Beyond_Critique_Global_Activism_and_the_Case_of_Malala_Yousafzai.

13. ECtHR, Leyla Sahin v. Turkey [GC], no. 44774/98, ECHR 2005-XI, Judgment of 10 November 2005, https://hudoc.echr.coe.int/tur#{%22itemid%22:[%22001-70956%22]}.
14. Brandenburg v. Ohio, 395 U.S. 444 (1969), https://supreme.justia.com/cases/federal/us/395/444/.
15. Cohen v. California (1971), https://supreme.justia.com/cases/federal/us/403/15/.
16. The Mauritian Women Case (Communication No. 35/1978), https://en.wikipedia.org/wiki/Cohen_v._California.
17. Avellanal v. Peru (Communication No. 202/1986), http://hrlibrary.umn.edu/undocs/session44/202-1986.htm.