Overview
The
concept of status of women eludes precise definition and
hence, precise measurement Status can be perceived in
different ways for example, to which extent women can
have access to social and material resources within the
family, community and society or what is her authority
or power within the family or community and the prestige
that is commanded from other members are some of the parameters.
Others include the extent to which women have access to
knowledge, economic resources and political power
as
well as the degree of autonomy they have in decision-making
and making personal choices at crucial points in their
life cycle. The idea of status also connotes the notion
of equality. There can be self-perceived status or objective-status;
a situation which can lead to status inconsistency when
a person is very high in one type of status and yet very
low in another.
Throughout
history, women as a class have possessed relatively few
formal rights. Gender inequality manifests itself in the
family, labor market, political-juridical structure, and
in cultural-ideological production. At the same time,
gender relations also interact with other relations of
inequality, based primarily on social class and on race,
caste, religion, and sexuality. In this regard, it is
important to understand and recognize how values, norms,
and practices that are embedded in particular domains
or social institutions may foster inequality, reinforce
power, differentiates between sexes, or perpetuates violence
against women.
CEDAW
has been instrumental in shaping legal and policy framework.
It has been an inspiration for women in all parts of the
world and has been responsible for initiating significant
changes at the country level, as well as in the international
sphere. Women's groups and networks have effectively used
the Convention to combat discrimination, including the
areas of violence against women, poverty, lack of legal
status, inability to inherit or own property etc. The
Convention has had a positive impact on legal and other
developments in support of gender equality in countries
throughout the world. Developments include strengthening
of provisions in Constitutions of many countries, guaranteeing
equality between women and men and providing a constitutional
basis for the protection of women's human rights, bringing
existing legislation into conformity with the principles
and obligations set out in the Convention, and use of
Convention by Judges in their decision-making.
Some
equalists believe that certain feminists have abandoned
notions of equality, and instead are focusing only on
females' rights up to a point of excluding the rights
of men. "Gender equality" relies on the belief
of equality of gender. This word should replace feminism,
which used to describe a belief in basic equal rights
and opportunities for members of both the sexes within
legal, social, or corporate establishments. We should
strive for ultimate fairness, and seek cooperative solutions
so as to make things better for both men and women. Despite
positive developments in law, and policies and practices,
inequality still exists in every country and at all levels
of society.
This
derivative contains articles on gender, status, equality
and discrimination of women all over the world.
"Freedom
from Violence as A Human Right: Toward A Feminist Politics
of Nonviolence" was written by Kristin Bumiller,
where the author advocates Human Rights as universal ethical
standards that affirm equality and dignity of human beings.
Over the past 30 years, international networks of feminists
have employed the platform of human rights to advocate
cause of women. In this context, Human Rights paradigm
views all forms of violence against a woman's body as
a violation of a person's fundamental right to freedom
of movement, personal dignity, and economic sustainability.
The violations are primarily understood as a result of
failure to protect women as a class and promote their
equal status in society. CEDAW is a broad-based effort
in order to protect women's rights in all domains of life,
addressing gender-based violence as a form of discrimination.
In US, it is seen as a crime control issue that is left
to the State and local authorities. This article discusses
various aspects of violations including trafficking, which
has become a worldwide phenomenon, and is related to international
sex markets, labor markets and illegal immigration.
"Not
Waving but Drowning: Gender Mainstreaming and Human Rights
in the United Nations" is an article by Hillary Charlesworth.
For responding to inequalities between women and men,
gender mainstreaming has become a mantra in international
institutions. This word had seeped into institutional
discourse through developmental sphere. The UN Decade
for Women, which was launched in Mexico in 1975, had encouraged
the integration of women into existing structures. The
aim was to change the practice of development in order
to prevent inequality between women and men. Gender Mainstreaming
is a strategy to implement, monitor and evaluate the policies
and programs in all political, economical and social spheres,
so that women and men would both benefit equally and inequality
is not perpetuated. The ultimate goal is to achieve gender
equality. It aims that every effort should be made to
broaden women's participation at all levels of decision-making.
This article discusses the impact stating that UNDP, World
Bank and ILO had found inadequate budgeting for the gender
component projects, and general lack of political commitment
- both within the organization and at the country level.
However, the author concludes by changing the course of
mainstream, which requires more radical and difficult
interventions for which strategies are to be redefined.
It would also require understanding the relationship between
critique, utopian thought, and policy reform.
The
article "Equality, Comparison and Discrimination"
by Beverley Baines discusses about Canadian Charter of
Rights and Freedoms, Part I of the Constitution Act, 1982.
There lies a controversy between jurists and feminists
on substantive equality and formal equality. The author
discusses four issues, i.e., equality, comparison, discrimination
and status. Justices intended to attribute for the comparison
of substantive equality. There is a comparison between
anti-discrimination and equality. Discrimination operates
as the principle that links instrumental comparison with
formal equality. As far as status is concerned, being
a male is a central feature of our social existence. The
author questions why an unjust status hierarchy, which
is organized around gender should continue in the face
of constitutional demand for equality?
The
article "Caring for Victims of Sexual Abuse"
was written by R.J Cook, B.M Dickens and S. Thapa. Sexual
abuse is the ultimate crime a man can commit against a
woman. Sexual abuse of young people appears universal,
challenging the social and familial protective structures
in economically developed and developing countries. Laws
usually deem minors as incapable of consenting to legally
effective sexual intercourse. Sexual abuse affects both
the sexes, but while it should be approached through simplistic
stereotypes, in many countries, women subordination may
be aggravated by their poverty, economic dependence, race
and youthful vulnerability. At a wider level, statements
on violence against women and ethical aspects of sexual
and reproductive rights, consistent with legal momentum
invokes human rights principles and observes that women
shall have freedom to choose whether to have or not to
have sexual relations and should be free from coercion,
discrimination and violence.
The
article on "The Meaning of Equality: Sexual Harassment,
Stalking, and Provocation in Canada, Australia and the
United States" was written by Caroline Forell. This
article touches three areas of law - Sexual Harassment,
Stalking and the Criminal Defense of Provocation in three
countries - Canada, Australia and the United States. In
the first two substantive countries, gender-equality prevails
and in the third country, though it was once available
only to men, it is now also being extended to women. Incidentally,
laws of all the three countries have originated from the
British Common Law. Canada provides sex-equality free
from Government discrimination by the provision of 1982,
Charter of Rights and Freedoms. The author separately
deals with all the three offences in detail.
William
Simmons' "Remedies for the Women of Ciudad Juarez
through the Inter-American Court of Human Rights"
is about those women who have been murdered in Mexico
in the last ten years. The author prefers to call this
as femicide. Though the Mexican authorities claim that
they had resolved 181 cases out of 268 murders, the Mexican
Human Rights Commission, had issued two repots in which
were suggested several recommendations. Actually, the
remedy was to bring action against Mexico under the International
Human Rights Law. The violence was based on the ideas
of inferiority or superiority of either of the sexes or
on the stereotyped roles of both men and women who had
legitimized violence against women. The article discusses
investigation, prosecution and punishing of abuses of
human rights by non-state actors too. A comprehensive
set of remedies should be pursued through the Court and
other transnational institutions. While creating the precedents
in international law, it is imperative that the victims
and their families are involved at the forefront of all
aspects of any legal proceedings.
The
article, Women - Status, Equality, Indian Constitution
is by Dr. A. Krishna Kumari. This article discusses the
status of Indian women since the period of smriti till
date. Though apparently women appear to be equal, in reality
they are treated with discrimination. Though Indian Constitution
was framed after independence, there are very few number
of provisions, which safeguard the interests of women.
The author discusses the articles, which directly addresses
the interests of women and the directive principles, which
can be invoked to interpret the laws in favor of women.
Still, in India, equality is more a myth than a reality.
Ann-Zofie Duvander, Tommy Ferrarini, SarSara Thalberg's
article "Swedish Parental Leave: Achievements and
Reform Challenges" observes that Sweden was one of
the first countries to introduce paid parental leave for
fathers. The welfare states, which have organized family
policy institutions such as parental leave legislation,
may impact the choice capacity, well-being and behavior
of individuals in many ways. Maternity leave was replaced
by the formal gender-neutral parental insurance in the
year 1974. It entitled the parents to avail 26 weeks of
paid leave with 90% wage replacement. The official motive
was to achieve great gender equality by making it possible
for both men and women to combine work and family. Reforms
in parental leave work helps to strengthen the dual earning
family. With this, all children irrespective of one's
parent's income or labor market status can stay at home
with a parent for at least one year. The Swedish family
policy is stimulating both fertility and women who have
paid work. It is one of the reasons why Sweden has high
female employment rate and that female labor force's participation
has increased.