Women's Day Special
Human Rights Analysis
Facilitating the fulfillment of state obligations
Towards women's equality
Background and international context
During the last two decades, many global initiatives had been taken to promote and enforce women's rights. They include the Declaration of the Decade for Women (1975-85), the adoption of the Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979 (ratified by Bangladesh in 1984), four World Conferences on Women, the adoption by consensus of the Nairobi Forward Looking Strategies (1985), and the Beijing Platform for Action (1995). In spite of all these initiatives, progress in the achievement of women's rights has been slow world-wide.
When the assessment of the implementation of the forward-looking strategies was carried out for the Fourth World Conference on Women, it was acknowledged that a decade after Nairobi, equality between and men has not been achieved. The Fourth World Conference on Women has brought fresh commitment to the realisation of women's equal rights. This conference again emphasised that State actions at national level in fulfilling their obligations to women have yet to be systematically monitored and used as a base by women for advocacy.
CEDAW 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 with men and women, of human rights and fundamental freedom, in the political, economic, social, cultural, civil or any other field.” (Article 1)
Also worldwide there is increasing recognition of the prevalence and magnitude of violence against women. It is increasingly seen as a violation of women's rights and a barrier to women enjoyment of other rights. Gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men “Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention.” (CEDAW GR 19, para 7)
“The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence”. (CEDAW GR 19, para 6)
By ratifying the Convention, the Bangladesh Government binds itself to implementing its provisions. Article Two on State obligations states that “ State parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women”. This includes abolishing all existing laws, customs and regulations that are discriminatory, establishing legal protection for women's rights, and taking “appropriate measures to eliminate discrimination against women by any person, organisation or enterprise.
The platform of action elaborates on a number of strategic objectives and actions toaddress certain critical areas of concern. Moreover, the Platform has delineated institutional arrangements that lay down guidelines for government action and accountability. The Platform also sees a role for non-governmental and grass-roots organisations in creating a social, economic, political and intellectual climate necessary for change. Such organisations also play a key role in monitoring the implementation of the Platform for Action and the action taken by governments to achieve equality between men and women (IWRAW, Concept paper, 1998).
Situation of women in Bangladesh
Following the declaration of UN Decade of Women (1976-85), the Government of Bangladesh and some NGOs have undertaken several programmes for the advancement of women. Simultaneously the women's movement has played an important role in enhancing women's participation in every sphere of life in order to achieve equality. As a result, over the last two decades, women in Bangladesh have gradually become more visible in the labour force, in development programmes and local institutions such as local government bodies.
The Bangladesh Constitution and the general laws of the country entitle women to equal rights and status to those of men in public life, but non-discrimination in the private sphere is not guaranteed. Consequently there are significant disparities between men and women in all realms of life. Lack of equal access to economic opportunities, education, health services and their lesser role in decision making perpetuate women's subordination to men and susceptibility to violence. All sources of information be it news reports, records from State institutions or research show that there is an increasing trend of violence against women.
Since the Beijing Platform for Action (1995), the Government of Bangladesh has also identified violence against women as a priority issue. Given this recognition, incidences of violence against women today receive greater attention than they did a decade ago. All State records show an increased incidence of violence but this may due to the fact that special legal provisions ensure that such cases are now recorded more precisely than they were two decades ago. Some argue that there is a rising trend of all forms of violence but until more reliable longitudinal data is available, one cannot confidently conclude that in general violence against women is increasing (Azim, 2001).
Culturally and socially the family is still seen as the rightful place for women and yet it is within this arena where power relations are often played out. It is on the one hand, a source for positive nurturing and caring where individuals bond through mutual respect and love. But on the other hand, in many cases, it becomes the site for discrimination, deprivation and exploitation. It is where discriminatory socialisation processes occur, which in turn result in promoting and justifying violence against women (Sultan, 1997).
Source: A base line report on violence against women in Bangladesh, prepared by Naripokkho and Bangladesh Mahila Parishad
