WOMEN'S RIGHTS NEWS AROUND THE GLOBE

In a boost for women’s campaign against gender bias in India, a public interest litigation challenging prohibition of women in temples like Shani Shingnapur in Maharashtra has led to directions from the Bombay High Court on 1^st April that women can no longer be barred from entering temples in Maharashtra as it is their fundamental right and it was the fundamental duty of government to protect women’s right. It equally asked the Maharashtra government to take pro-active steps to ensure that this right was not encroached upon by any authority.

This landmark decision is a break from centuries old tradition that restricted or discriminated against women in worship. This judgment however has not totally resolved the issue as there are still  places of worship where women’s entry is banned. The advocates still intend to prevail on the Prime Minister Narendra Modi to enact a law to put an end to such restrictions on worshipping. See http://www.dnaindia.com/india/report-shani-temple-row-activist-trupti-desai-wants-to-end-gender-bias-in-other-temples-wishes-to-meet-pm-narendra-modi-2197012

Meanwhile in Nigeria, On March 15 2016, the Nigerian Senate blocked a bill seeking equal marital rights for women. The Bill was titled “Gender Parity and Prohibition of Violence against Women” and was presented by Abiodun Olujimi, representing Ekiti South. The bill made provisions for equal rights of women in marriage, education and employment. 

The deputy senate president, Ike Ekweremadu, put his weight behind the bill stating that those countries that are doing well are those who give women opportunities

The Senate Majority leader, Ali Ndume, criticized the bill while extolling the virtues of religious or traditional marriage as practiced in Nigeria. The bill was also condemned by Sani Yerima who stated that it negates the principles of the Sharia Law recognized by the Nigerian Constitution and thus was in conflict with the Nigerian Constitution. The bill was defeated when the senate president put it to the vote.

This development seems to ignore the obligations undertaken by Nigeria in ratifying the Convention on the Elimination of all forms of Discrimination against women, especially in articles 2 and 16 of the Convention. Since Nigeria did not enter any reservations to the Convention it behoves her to fulfill her obligations in respect of discrimination of women in marital life, which is further elaborated on in general recommendation 29 on Economic Consequences of Marriage, family relations and their dissolution.

RELIGION AND WOMEN'S RIGHTS 1

Reply to Objection 2: “Subjection is twofold. One is servile, by virtue of which a superior makes use of a subject for his own benefit; and this kind of subjection began after sin. There is another kind of subjection which is called economic or civil, whereby the superior makes use of his subjects for their own benefit and good; and this kind of subjection existed even before sin. For good order would have been wanting in the human family if some were not governed by others wiser than themselves. So by such a kind of subjection woman is naturally subject to man, because in man the discretion of reason predominates” - Thomas Aquinas (Summa Theologica) 

 Quran 4:34 - Men are overseers over women because Allah has given the one more strength than the other, and because men are required to spend their wealth for the maintenance of women.

INTRODUCTION               

•       Women rights activists view religion as a threat to women’s rights

•       This springs from the fact that religion prescribes roles for women which subordinates them and requires them to be obedient to men

•       In issues of reproductive health and control of their bodies, encompassing such matters as use of contraception, and the right to have an abortion, religion plays a major part in determining the stance taken by society. This has thus been seen as religious interference in the rights of women

•       According to Rebecca J. Cook of University of Toronto “the world’s most influential religious authorities claim to distinguish between right and wrong relations between the sexes, and acceptable and unacceptable personal sexual behaviour. They are frequently jealous of their control of the field of sexual and reproductive morality, and fearful of the developments in biology that liberate individuals to achieve their reproductive purposes, to enjoy sexual relationships without unwanted pregnancy, and to overcome infertility by means of medically assisted reproduction”

•       Religious law prescribes personal status, inheritance rights, criminal and civil procedure, right of the partners in marriage, divorce etc. These are sometimes in conflict with international notions of human rights and women rights particularly

•       Rebecca J. Cook further stated “Many conservative religions dominated by men who exclude women, are unaware of how women live their lives, and advance doctrines opposed to women’s equality with men in personal, family, social and legislative decision-making”

•       Women’s rights seeks to eliminate all forms of discrimination against women and to achieve equality between men and women in all spheres (public and political life, health employment, nationality, marriage etc)

•       Advocates of women rights contend that if indeed human rights are universal, inalienable and indivisible, then it ought to apply to women to the same degree it applies to men

•       Owing to stereotypes associated with culture and religion, most women have been sidelined, marginalized and relegated to the background.

•       This is construed as a denial of the rights of women and has been the driving reason for the agitation for their rights.

•       Since government action is mainly restricted to the public sphere and it is restricted from interfering in the private sphere, like the family, most violations of women’s rights which occur in private like domestic violence, custodial rape, etc are oftentimes not redressed

•       Owing to the fact that freedom of religion is a fundamental human right protected by international and municipal laws, there necessarily arises a conflict between values protected by these rights- the value of freedom protected by the freedom of religion and the value of equality and non-discrimination protected by women’s rights.

•       In the absence of a normative hierarchy of rights in international human rights law, there is no laid down rule for resolving these conflicts, and ingenuity is required to balance these rights in such a way as to ensure justice.

Nonso Robert Attoh

WELCOME

Image: Courtesy of Korean Resource Center

Women and children are vulnerable groups in the society because they are exposed to the possibility of being harmed or attacked physically and emotionally and as such they are entitled to special care, support and protection. The United Nations recognized this reality in relation to children in December 1959 when it adopted the Declaration of the Rights of the Child. The Declaration stated

 "WHEREAS the child, by reason of his physical and mental immaturity needs special safeguard and care, including appropriate legal protection, before as well as after birth... "WHEREAS mankind owes to the child the best it has to give, Now the General Assembly proclaims this Declaration of the Rights of the Child to the end that he may have a happy childhood and enjoy for his own good and for the good of the society the rights and freedoms herein set forth and calls upon parents, upon men and women as individuals and upon voluntary organizations local authorities and national governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles.."

In November 1989, the principles enshrined in the Declaration were transformed into legally binding obligations for state parties to the Convention on the Rights of the Child. Only two states - the United States of America and Somalia are not party to the treaty.

The unequal and discriminatory treatment meted out to women was first officially addressed  by the United Nations in November 1967 in the Declaration on the Elimination of Discrimination against Women and later incorporated in a legally binding document in December 1979 when it adopted the Convention on the Elimination of the all Forms of Discrimination against Women. The Convention noted that 1. discrimination against women violates the principles of equality of rights and respect for human dignity, 2. is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, 3. hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and humanity. 

It equally noted that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs. Of equal importance is the understanding in the Convention that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. Finally, it insists on the understanding that in the light of the great contribution of women to the welfare of the family and to the development of society which has not yet been fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and the role of women in procreation which should not be a basis for discrimination, the upbringing of children should be a shared responsibility between men and women and society generally.

Thus, it suggests that there ought to be a change in the traditional role of men as well as the role of women in society and the family for full equality between men and women to be achieved, 

These are laudable attempts to demonstrate the dignity of all human beings regardless of their sex and should motivate all right thinking persons to rise to fight to protect women and children. WE WELCOME YOU TO COME JOIN US AS WE PURSUE A BETTER WORLD OF EQUALITY AND PROTECTION OF THE VULNERABLE AMONG US. WELCOME TO WOMEN AND CHILDREN'S WORLD BLOG.