CEDAW Implementation Challenges and Obstacles Prepared for Expert meeting on CEDAW to implement CEDA - PowerPoint PPT Presentation

1 / 16
About This Presentation
Title:

CEDAW Implementation Challenges and Obstacles Prepared for Expert meeting on CEDAW to implement CEDA

Description:

... ( pati means husband), chancellor , industrialist, kanyadan, ... Discriminatory punishment for raping prostitution. Directive Order Issued. Sexual harassment ... – PowerPoint PPT presentation

Number of Views:108
Avg rating:3.0/5.0
Slides: 17
Provided by: SAP69
Category:

less

Transcript and Presenter's Notes

Title: CEDAW Implementation Challenges and Obstacles Prepared for Expert meeting on CEDAW to implement CEDA


1
CEDAW Implementation- Challenges and
ObstaclesPrepared for Expert meeting on CEDAW
to implement CEDAW at the National Level to
Promote the Human Rights of Women , 17-20 July,
2007, Bangkok, UN ESCAP
  • Sapana Pradhan Malla
  • Forum for Women, Law and Development, Nepal

2
Status of CEDAW
  • CEDAW Ratification 1991
  • Reporting Initial 1999 second and third
    periodical report 2004
  • Ratification of OP to CEDAW 15 June 2007 ( date
    of deposition) opting out Inquiry process
  • Due fourth and fifth periodical report by 2008

3
Review of the Discriminatory Law
  • 2000 FWLD Study found 118 laws in 56 different
    legislation
  • 2006- 117 legal provisions, spread in 83
    different legislation
  • 2007 ( Updating the study)
  • 547 words in 53 different legislation including
    constitution like chairman, Vice chairman,
    brotherhood chief of army ( pati means husband),
    chancellor , industrialist, kanyadan, pitri
    karya, patraic sampati
  • Baseline study on Inheritance identification of
    dejure but also defecto/ evidences, barriers,
    strategies

4
Judicial
  • DL declared Ultra vires
  • Intested Aputali property
  • Stridhan ( women's exclusive property)
  • Discriminatory grounds for bigamy
  • Not having child ground for divorce
  • Discriminatory Passport rules
  • Discriminatory punishment for raping prostitution
  • Directive Order Issued
  • Sexual harassment
  • Chaupadi
  • Witchcraft
  • Effective implementation of child marriage law
  • Marital rape

5
  • Repealed the Writ
  • Restriction on Foreign Employment ( FWLD vs HMG)
  • Case for equal right to Citizenship
  • State can make special laws for women (
    radheshyam vs HMG)
  • Benchmark- GR 19 of CEDAW, CC to CEDAW, BPFA
    recognised by the court
  • Convention regarded as a superior law by the
    supreme Court in Reena Bajracharya's case
  • Definition of Discrimination under article 1 of
    CEDAW to be regarded as standard until new
    definition comes
  • Role of NGO/Petitioner in PIL using
    CEDAW/CC/BPFA/GR is critical

6
LEGISLATIVE REFORM
  • Country Code 2006
  • Objective of the bill to implement decision of SC
    and for domestification of CEDAW
  • Army Act 2006
  • Prohibition on employment uplifted
  • Citizenship law 2006
  • Gender Equality Bill 2006
  • To implement CC of CEDAW
  • Made changes on 65 provisions from the gender
    equality perspective,

7
Constitutional provisions
  • Interim Constitution of Nepal 2007
  • Preamble ..to address gender inequality issue
  • A separate article for women's fundamental right
    ( Article 20)
  • Non discrimination on for being women
  • Reproductive health and right
  • Right against Violence Against women
  • Equal inheritance right for son and daughters
  • Partial recognition of Equal right to
    citizenship right

8
Remaining areas of discrimination
  • In employment-Army Rules-
  • Army recruitment only for unmarried or widow
  • Restriction on Foreign employment if through
    Recruiting agencies
  • In equal right to citizenship to women-
  • Still need to be born in Nepal and reside
    permanently for conferring citizenship through
    mother and gets only naturalized citizenship
  • No equal right to confer for spouse
  • In Bigamy
  • illegal but not void ( No 10 of chapter on
    marriage, country Code 1963)
  • Bigamy exempted by law in certain situation if ,
    if becomes insane, or taken share of the
    property, with consent if blind or crippled ,
    sexually transmitted disease ( No 9 of chapter on
    marriage, country Code 1963)
  • Discrimination in property b/t married and
    unmarried ( case in the court)

9
Weak laws and gaps in the Law
  • Anti Trafficking legislation 1986
  • A bill in the parliament in 2007
  • Challenge Criminalization of client/resistance
  • Rape law- Narrow definition, limited time
    limitation
  • Gaps
  • No law on Domestic violence
  • Non acknowledgment of crime is also
    discrimination

10
Integration of CEDAW into Plan of Action
  • Plan of Action on CEDAW
  • CC used for tenth plan and now for interim plan
  • CEDAW Status Review
  • CC monitoring indicators and implementation review

11
Affirmative Action to increase participation
  • FWLD Study identified 150 provisions based on
    Substantive model of equality ( 2003) ( political
    life, Education, Employment, Health, VAW, Court
    Procedure for gender justice, marriage and
    family life.
  • Constitutional framework that recognizes special
    measures for marginalsied groups ( Art 13(3))
  • Ensuring proportional representation as a
    fundamental right of marginalized group ( Art 21)
  • 33 percent candidacy in Constituent Assembly art
    63
  • ( 50 in proportional representation (already
    ensured 24 seats for women by Election Law 2007,
    even among women different status and situation
    has been ( marginality) recognized

12
Mobilizing political will
  • Civil Society and MWCSW continue working for the
    political will, democratic voices and movement
    facilitating for the political will
  • Parliament Resolution for 33 participation in
    all the structure of the government
  • Working to have commitment in Party manifesto

13
Challenges
  • Treaty jurisprudence of the region and recent
    court interventions ( Nepal and Sri Lanka)
  • Different political priority, no ownership on hrs
    framework, considered as a Foreign Document
  • Resource always an excuse
  • Culture and religion as an excuse
  • Different understanding between sensitized and
    non sensitization
  • Government insisting to work on one report and
    involving NGO in reporting process for minimizing
    accountability

14
  • Threat perception of the government
  • Patriarchal society/ threat of changing social
    cultural norm
  • Hindu State
  • Party not implementing their own commitments
  • Boomerang cases for curtailing the right of
    women
  • "Property right of married women and abortion
    right"

15
Opportunity
  • CEDAW most known Human right document
  • Strategic tool for justice delivery and
    legilsative reform
  • OP ratification
  • Declaration of Secular state
  • Provision of IC on Right against exploitation
    based on traditional/cultural practices as a
    fundamental right
  • Commitment for inclusion of marginalized group

16
Role of Multilateral Agencies
  • Capacity building of right and duty holders
  • Monitoring the implementation
  • Creation of Institutions
  • Creating resources
  • NGO partnership
  • Need to realize importance
  • Baseline study
  • Facilitate Reporting Process and complain
    mechanism
  • Need to have clear understanding on
    accountability mechanism
  • Need to create access for dialogue between CEDAW
    experts and NGO
  • Legal framework
  • Changing the values
  • Facilitate negotiating in new constitutional
    framework through Constituent Assembly process
Write a Comment
User Comments (0)
About PowerShow.com