THE CONCEPT OF HUMAN RIGHTS
Human beings are endowed with entrenched, salient, and natural rights often referred to as human rights. These rights start to function from birth and are regarded as the basis of human existence. Owing to their inviolability and indispensability to human beings, they are also described as fundamental rights, basic rights, inherent rights, natural rights, and birthright. They are not bestowed by the state and cannot be annulled by a piece of legislation. The rights are intrinsic and do not depend on their recognition and application on race, nationality, creed, sex, religion, or similar considerations. These rights are critical for the human attainment of freedom and dignity, and without them, enjoyment of physical, moral, material, and spiritual contentment would be impossible. Human rights constitute the pivotal key to the happiness, security, material well-being, and moral and spiritual rejuvenation of the people and society.
The concept is predicated on the fact that every person is guaranteed some fundamental rights because of being human and nobody, not even the government can take away that entitlement. The concept has received varying degrees of both national and international acceptability.
Definition of Human Rights
The term “human rights” is general and embodies civil rights and liberties, political rights, as well as social, economic, and cultural rights. The term lacks an explicit definition. Legal and political essayists are unable to agree on a common definition. The approaches adopted by them are influenced by their philosophical, legal, and political background. Cranston defines human rights as “Something of which no one may be deprived without a great affront to justice. There are certain deeds which should never be done, certain freedoms which should never be invaded, some suppressively sacred things.”
Dowrick defines human rights as “Those claims made by men, for themselves or on behalf of other men, supported by some theory which concentrates on the humanity of man, on man as a human being, a member of humankind…”
To Osita Eze, “Human rights represent demand or claims which individuals or groups make on society, some of which are protected by law and have become part of lex lata while others remain aspirations to be attained in the future.”
Another definition of human rights was proffered by Professor Umozurike as “…claims, which are invariably supported by ethics and which should be supported by law, made on society, especially on its official managers, by individuals or groups based on their humanity. They apply regardless of race, color, sex, or other distinction and may not be withdrawn or denied by governments, people, or individuals… They are those rights which every individual claims or aspires to enjoy irrespective of his colour, race, religion, status in life, etc.”
Louis Henkin states that human rights are “claims asserted and recognised ‘as of right’, not claims upon love, or grace, or brotherhood, or charity… They are claims under some applicable law.” Henkin modified his perspective subsequently holding that “Human rights are those liberties, immunities, and benefits which by accepted contemporary values, all human beings should be able to claim as of right of the society in which they live.”
Civil and Political Rights
Civil and political rights, at times, tagged ‘freedom from’ had their roots in the English, French, and American revolutions. They are also called ‘negative rights’ as the government is forbidden from embarking on actions capable of infringing them. The rights provide safeguards from acts of murder, torture, cruel punishment, retroactive legislation, and imprisonment without due process. These rights are readily available and enforceable against violators.
Economic, Social, and Cultural Rights
Economic, social, and cultural rights guarantee basic prerequisites of life for the sustenance of human beings without their existence would be threatened. Often labeled ‘freedom to’ they have been listed as the right to adequate food, clothing, housing, and adequate standard of living and freedom from hunger, right to work, right to social security, right to physical and mental, and right to education.
Unlike civil and political rights, which enjoin States to refrain from certain actions, economic, social and cultural rights need definitive intervention for their actualization. States have to invest enormous wealth, capital, capability, and measures to bring them to fruition. This is why they are also referred to as positive rights. Also, unlike civil and political rights, they are not capable of expeditious application.
INTERNATIONAL DIMENSIONS OF HUMAN RIGHTS
Before the Second World War, issues relating to human rights were addressed under the domestic jurisdiction of States. The international community did not concern itself with how States treated individuals within its domain. How a State treated its citizens was not the business of international law. This was primarily because international law was concerned with States only and their rules were valid and exclusive for them. States were regarded as the sole subjects of international law while other entities, including individuals, were simply objects. Rights possessed by individuals were determined by national laws, and the protection of human rights was the responsibility of national governments.
Human rights questions fell wholly within the domestic jurisdiction of States, and therefore outside the purview and control of international law. This was inspired by the notion of State sovereignty. The doctrine acted as a barrier in the attempts to institute international legal obligations binding on States to protect persons whose rights were threatened. Any inquest into the human rights conduct of a State was regarded as an affront to its sovereignty and interference in its internal affairs. There were a few exceptions, however, such as the treatment of aliens, the abolition of slavery, and the protection of minorities.
The idea of human rights being protected by international law alongside national laws developed at a slow pace. The human rights violations of the Second World War marked a turning point in the attitude of traditional international law toward individuals. In the aftermath of the War, the status of individuals was greatly revolutionized. Individuals along with States are now recognized as subjects and beneficiaries of international law, with concomitant rights and duties. This privileged status notwithstanding it is only through the exercise of the will of States that rights and duties are bestowed on individuals.
The United Nations and Internationalization of Human Rights
When the United Nations was founded in 1945, the protection and promotion of human rights became one of its loftiest priorities, and the cornerstone of its existence. This is explicitly set out in the Preamble of the UN Charter which reasserts “faith in fundamental human rights, in the dignity and the worth of the human person, in the equal rights of men and women and of nations large and small.” In addition, Article 1 of the Charter expounds that one of the purposes of the UN is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.”
Other Human Rights Provisions in UN Charter
In various Articles of the Charter, the UN undertakes to inspire, protect promote respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. General references to human rights can be found in Articles 13, 55, 56, 62(2,) 68, and 76 of the UN Charter.
The Human Rights Council
According to Article 68 of the UN Charter, the Economic and Social Council (ECOSOC) established a Commission on Human Rights, which also received the endorsement of the General Assembly on 12 February 1946. The Commission was entrusted with the responsibility of preparing recommendations and reports on :
- The international bill of rights;
- International declarations and conventions on civil liberties, the status of women, freedom of information, and similar matters;
- The protection of minorities;
- The prevention of discrimination on grounds of race, sex, language, or religion.
The Commission was also vested with the responsibility to carry out studies, draft new treaties, and investigate allegations of human rights violations.
The Commission had faced a plethora of criticisms over the years. On 15 March 2006, the UN General Assembly established the Human Rights Council as an intergovernmental body to replace the Human Rights Commission. The creation of Human Rights followed the adoption of a document known as the 2005 World Summit Outcome. In that document, Heads of State and Government agreed to set up a Human Rights Council which shall assume responsibility for the protection and promotion of human rights and fundamental freedoms around the world.
The following are the functions of the Council:
- It shall promote human rights education and learning as well as advisory services, technical assistance, and capacity building, to be provided in consultation with and with the consent of the Member States concerned;
- It shall serve as a forum for dialogue on thematic issues on all human rights;
- It shall make recommendations to the General Assembly for the further development of international law in the field of human rights;
- It shall promote the full implementation of human rights obligations undertaken by States and follow up on the goals and commitments related to the promotion and protection of human rights emanating from United Nations Conferences and Summits;
- It shall undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner that ensures universality of coverage and equal treatment concerning all States;
- It shall contribute, through dialogue and cooperation, towards the prevention of human rights violations and respond promptly to human rights emergencies;
- It shall work in close cooperation in the field of human rights with Governments, regional organizations, national human rights institutions, and civil society;
- It shall make recommendations concerning the promotion and protection of human rights;
- The Council shall submit an annual report to the General Assembly;
- The Council shall assume the role and responsibilities of the Commission on Human Rights and relating to the work of the Office of the United Nations High Commissioner for Human Rights.
The Universal Declaration of Human Rights 1948
On December 10, 1948, the General Assembly of the UN in Resolution 217A (III) proclaimed the Universal Declaration of Human Rights as:
A common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of member states themselves and among the peoples of territories under their jurisdiction.
The Declaration reaffirms the UN Charter’s provisions that all human beings are born free and equal in dignity and rights and that everyone is entitled to all rights and freedoms without distinction of any kind. The Declaration contains 30 articles that fall into two main classifications, namely civil and political rights and economic and social rights.
Civil and Political Rights in the Declaration
These rights which have received global recognition are embodied in articles 2 to 21 of the Declaration:
- Right to life, liberty, and security of persons (art. 3)
- Freedom from slavery or servitude (art. 4)
- Prohibition against torture, inhuman or degrading treatment or punishment (art. 5)
- Recognition as a person before the law (art. 6)
- Equality before the law and equal protection of the law without any discrimination (art. 7)
- Effective remedy before the national tribunals (art. 8)
- Freedom from arbitrary arrest, detention, or exile (art. 9)
- Right to a fair and public hearing by an independent and impartial tribunal (art. 10)
- Presumption of innocence until proven guilty in a public trial with all guarantees necessary for defence in criminal cases (art. 11, para 1)
- Freedom from ex-post facto laws (art. 11, para 2)
- Right to privacy, family, home, and correspondence (art. 12)
- Right to freedom of movement and residence within the borders of a State (art. 13, para 1)
- Right to leave any country, including his own, and to return to his country (art. 13, para 2)
- Right to seek and to enjoy in other countries asylum from persecution (art. 14, para 1)
- Right to a nationality (art. 15)
- Right to marry and to found a family (art. 16)
- Right to own property (art. 17)
- Right to freedom of thought, conscience, and religion (art. 18)
- Right to freedom of opinion and expression (art. 19)
- Right to freedom of peaceful assembly and association (art. 20)
- Right to participate in the Government of his country (art. 21)
Economic and Social Rights in the Universal Declaration
These are found in articles 22 to 27:
- Right to social security (art. 22)
- Right to work and free choice of employment (art. 23)
- Right to rest and leisure (art. 24)
- Right to a standard of living adequate for the health of himself and of his family (art. 25)
- Right to education (art. 26)
- Right to participate in cultural life (art. 27)
- Right to good social and international order (art. 27)
The Geneva Conventions 1949
In reaction to the extreme violence against women during World War II, Article 12(4) of Geneva Convention I of 1949 provides that in times of armed conflict “women must be treated with all consideration due to their sex.” In addition, the Fourth Convention particularly states that “women must be especially protected against any attack on their honour, in particular, rape, enforced prostitution, or any other form of indecent assault” ( art.27).
The Hague Convention of 1907, which is the first international treaty implicitly outlawing sexual violence, did not end impunity for these crimes. The four Geneva Conventions were adopted in 1949 following the horrors of World War 11 to improve the conditions of war victims. Two Additional Protocols were adopted in 1977 to extend and shore up the protection offered in the Geneva Conventions. These treaties contain certain provisions that apply specifically to women and form part of the law of armed conflict.
The law of armed conflict deals explicitly with sexual violence. The relevant provision is found in the Geneva Convention Relative to the Protection of Civilian Persons. Additional Protocol 1 stipulates that “Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any form of indecent assault”. Additional Protocol II prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault.”
The following are the other provisions of the Geneva Conventions and Additional Protocols offering protection to women in times of armed conflict:
- Women shall be treated with all consideration due to their sex.
- Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution, and any other form of indecent assault.
- Prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment in non-international armed conflicts.
- The following acts against persons hors de combat are prohibited in non-international armed conflicts: violence to the life, health, and physical or mental well-being, in particular, cruel treatment such as torture; outrages upon personal dignity; in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault.
Covenant on Civil and Political Rights 1966
The International Covenant on Civil and Political Rights likewise stipulates gender equality in the enjoyment of all the rights it contains. It also protects pregnant women from sentence of death, reaffirms the equal rights to marry, and bans all gender-based discrimination.
Substantive Rights
- The right to life (art. 6)
- Freedom from inhuman or degrading treatment (art. 7)
- Freedom from slavery, servitude and forced labour (art. 8)
- Right to liberty and security (art. 9)
- Right of detenu to be treated with humanity (art. 10)
- Freedom from imprisonment for inability to fulfill a contractual obligation (art. 11)
- Freedom of movement and choice of residence (art. 12)
- Freedom of aliens from arbitrary expulsion (art. 13)
- Right to fair trial (art. 14)
- Non-retrospective application of criminal law (art. 15)
- Right to recognition as a person before the law (art. 16)
- Right to privacy, family, home or correspondence (art. 17)
- Freedom of thought, conscience and religion (art. 18)
- Freedom of opinion and expression (art. 19)
- Prohibition of propaganda of war (art. 20)
- Right of peaceful assembly (art. 21)
- Freedom of association (art. 22)
- Right to marry and found a family (art. 23)
- Rights of the child (art. 24)
- Right to take part in the conduct of public affairs, to vote and to be elected (art. 25)
- Equality before the law (art. 26)
- Rights of minorities (art. 27)
International Covenant on Economic, Social and Cultural Rights 1966
International Covenant on Economic, Social and Cultural Rights 1966 was adopted and opened for signature, ratification, and accession by the UN General Assembly resolution 2200A (XX1) of 16 December 1966, and entered into force 3 January 1976. This Covenant recognizes that rights must be afforded to women and men on an equal basis. Article 3 thereof confirms the equal right of men and women to enjoy all the rights set forth in the covenant. Article 7 insists on equal pay for equal work.
- Right to work (art. 6)
- Right to just and favourable conditions of work (art. 7)
- Right to form and join trade unions (art. 8)
- Right to social security (art. 9)
- Right relating to motherhood and childhood, marriage and the family (art. 10)
- Right to adequate food, clothing, housing and standard of living and freedom from hunger (art. 11)
- Right to physical and mental health (art. 12)
- Right to education including a plan for implementing compulsory primary education (art. 13)
- Right relating to science and culture
UN High Commissioner for Human Rights
One of the measures instituted by the UN General Assembly to protect and promote the effective enjoyment of human rights by all was the establishment of the position of the United Nations High Commissioner for Human Rights on 20 December 1993 (Res. 1237 XIII). The High Commissioner must be a person of good character and sound moral footing and must be versatile in the field of human rights. The High Commissioner was entrusted with the following responsibilities:
- To promote and protect the effective enjoyment by all of the civil, cultural, economic, political and social rights, including the right to development.
- To provide advisory services, technical and financial assistance in the field of human rights to States that request them.
- To coordinate United Nations education and public information programmes in the field of human rights.
- To play an active role in removing the obstacles to the full realization of human rights and in preventing the continuation of human rights violations throughout the world.
- To engage in a dialogue with Governments in order to secure respect for human rights.
- To enhance international cooperation for the promotion and protection of human rights.
- To coordinate human rights promotion and protection activities throughout the United Nations system.
- To rationalize, adapt, strengthen and streamline the United Nations machinery in the field of human rights in order to improve its efficiency and effectiveness.
In 1997, the position of the High Commissioner for Human Rights was merged with that of Centre for Human Rights to create a single position known as the Office of the High Commissioner for Human Rights (OHCHR) as part of the reforms programme of the UN. Before the reforms, the Centre for Human Rights was involved in the coordination of human rights activities.
The following are the functions of the Office of the United Nations High Commissioner for Human Rights (OHCHR):
- To promote universal enjoyment of all human rights by giving practical effect to the will and resolve of the world community as expressed by the United Nations;
- To play a leading role in human rights issues and reiterate the significance of human rights at the national and international levels;
- To promote international for human rights;
- To stimulate and coordinate action for human rights for human rights all through the United Nations system;
- To promote universal ratification and implementation of international standards;
- To help in the development of new norms;
- To support human rights organ and treaty monitoring bodies;
- To act in response to serious violations of human rights;
- To undertake preventive human rights action;
- To bolster the establishment of a national human rights foundation;
- To engage in human rights field activities and operations;
- To advance education, information, advisory services and technical assistance in the field of human rights.
WOMEN, HUMAN RIGHTS AND THE UNITED NATIONS
Discrimination, violence and other forms of violations perpetrated against women have existed since ancient times. In peace time and during armed conflict, basic rights of women are trampled upon by society under the cover of custom, religion, gender and other parochial considerations.
Thousands of Chinese and Korean women and girls were used as sex slaves by Japanese soldiers during World War II. Many of the girls, some as young as 11 years old, were abducted and imprisoned in military rape camps known as “Comfort Stations.” Women and girls who were apprehended and shared among Japanese soldiers were reduced to instruments of sexual satisfaction and reward in a well-coordinated programme condoned by Japanese government.
The untold story of World War II is that German women were also victims of rape and sexual violence perpetrated by Allied soldiers. Troops from USA, Canada, Britain, France and the USSR allegedly sexually abused German women. Jewish women were not left out of the cycle of sexual abuse in Europe. German soldiers and their allies subjected them to sexual humiliation.
In the war crimes trials that followed in Nuremberg and Tokyo, perpetrators of rape, sexual slavery and other heinous acts against women were not held accountable for their actions. International response was disappointing as sexual violence was not considered criminal under international law.
Some groups of human beings are exposed and open to attack by reasons of custom, deep-rooted prejudices or other extraneous factors. They include women, children, disabled persons, aged persons, refugees, stateless persons and migrant workers. These individuals or groups are also endowed with human rights and fundamental freedoms, irrespective of their circumstances. However, the domineering segment of the society regularly violates those rights. Therefore, legal and institutional measures are instituted at international and national levels to protect the human rights of these vulnerable groups.
Women are among the vulnerable groups. The UN has championed the protection of the rights of women through the development of international norms and the promotional work of its agencies. Women’s human rights are enumerated by treaties, conventions, resolutions, declarations and guidelines, promulgated by either the United Nations or regional human rights bodies. Treaties are formally adopted by national governments and then create legally binding obligations for those governments. There are several human rights treaty provisions that deal with the protection of women from all forms of violence, some of which are highlighted hereunder.
Commission on the Status of Women
Among the UN’s areas of focus is the advancement of women. In 1946, the Economic and Social Council (ECOSOC), one of its principal organs, established the Commission on the Status of Women as part of its mandate to promote women’s rights (arts. 62(2) and 68 of UN Charter). The Commission adopts some guiding principles, one of which is:
to raise the status of women, irrespective of nationality, race, language or religion, to equality with men in all fields of human enterprise, and to eliminate all discrimination against women in the provisions of statutory law, in legal maxims or rules, or in interpretation of customary law.
The Commission was instrumental in drafting the Convention on the Political Rights of Women and CEDAW.
Convention for the suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1949
The Convention was approved by the UN General Assembly resolution 317 (1V) of 2 December 1949 and came into force on 25 July 1951.The Convention sets out provisions for the prevention of abuse of prostitutes and the punishment of those procuring others for the purposes of prostitution. It states that prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community.
Convention on the Political Rights of Women 1952
This Convention was adopted by the UN General Assembly (Res. 640(VII) on 20 December, 1952. It outlines and documents basic political rights attainable by women anywhere in the world. In the period following World War II, women in several countries were denied key political rights. The Convention was designed to set an international standard for women’s political rights. It provides that women shall have the right to vote (art. 1); and be eligible for election to all public elected bodies, on equal terms with men, without any discrimination (art. 2). It accords eligibility to women to hold public office and to exercise all public functions, on equal terms with men, without any discrimination (art. 3).
Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 1962
The Convention was adopted by the UN General Assembly on 7 November 1962
Protocol Relating to the Status of Refugees 1966
The Protocol was taken note of with approval by the Economic and Social Council in resolution 1186 (XL1) of 18 November 1966 and General Assembly in resolution 2198 (XX1). A growing number of countries have granted asylum to women on the grounds of certain acts of violence such as female genital mutilation, domestic violence and other forms of gender-abused violence. It is the leading international document which defines who is considered a refugee, and which lays out their rights.
Declaration on the Elimination of Discrimination against Women 1967
The General Assembly of the UN adopted this Resolution (G.A. Res. 2263) on 7 November, 1967. States are enjoined to implement the principles of the Declaration (art. 11).
- Article 1 affirms that discrimination against women is “fundamentally unjust and constitutes an offence against human dignity”.
- Article 2 demands the abrogation of laws and customs which discrimination against women.
- Article 3 demands public education to eradicate prejudices against women.
- Article 4 demands enjoyment of full electoral rights, as well as the right to seek and hold public office for women.
- Article 5 demands that women should have the same rights as men to change their nationality.
- Article 6 demands that women should enjoy full equality in civil law, especially in relation to marriage and divorce; and that child marriage should be prohibited.
- Article 7 demands an end to gender discrimination in criminal punishment.
- Article 8 enjoins states to fight all forms of traffic in women and exploitation of prostitution of women.
- Article 9 endorses an equal right to education without regard to gender.
- Article 10 demands equal rights in the workplace, an end to discrimination in employment, equal pay for equal work, as well as paid maternity leave.
This Declaration laid the foundation for the 1979 Convention on the Elimination of All Forms of Discrimination against Women.
International Conference on Human Rights (Tehran Conference) 1968
The International Conference on Human Rights (Tehran Conference), also known as the First World Conference of Human Rights took place in Tehran, Iran from 22 April to 13 May, 1968. It reviewed the state of human rights globally since the adoption of Universal Declaration of Human Rights in 1948. The Conference adopted the following proclamations:
- States shall fulfill their obligations to promote and encourage respect for human rights.
- Reaffirmed the inalienable and inviolable rights of all members of the human family.
- Reaffirmed the role of the UN in the sphere of human rights.
- Laws of every country should grant individuals the right to participate in civil, political, economic, cultural and social life of his country.
- Human rights and fundamental freedoms are indivisible.
- Progress in implementation of human rights depends on effective policies of economic and social development.
International Conference on Human Rights (Vienna) 1993
This was the Second World Conference on Human Rights after the Tehran Conference. The Conference was convened in Vienna from June 14 to 25 1993. The Vienna conference took historic new steps to promote and protect the rights of women, children and indigenous peoples by supporting the creation of a new mechanism, a Special Rapporteur on Violence against Women. It also called for the universal ratification of the Convention on the Rights of the Child. The international community restated its pledge to promote and protect human rights.
In relation to the rights of women in times of armed conflict, World Conference adopted the following declaration in June 1993:
Violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic rape, sexual slavery, and forced pregnancy, require a particularly effective response (Part II, para. 38).
In addition, the Conference also made the following declarations:
- All human rights are universal, indivisible, interdependent and interrelated.
- Democracy, development and respect for human rights are interdependent, and mutually enforcing.
- The right to development is universal and inalienable.
- The existence of extreme poverty inhibits the full and effective enjoyment of human rights.
- Every State should provide an effective framework of remedies to redress human rights grievances or violations.
- States are duty-bound to use education to strengthen respect for human rights. States should strengthen domestic legislation, structures and institutions to safeguard human rights.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979
The Convention on the Elimination of all forms of Discrimination against women is often described as an international bill of rights for women. Adopted by the UN General Assembly in 1979, the Convention defines what constitutes discrimination against women and sets up an agenda for national action to, end such discrimination. By recognizing the convention, states commit themselves to undertake a series of measures to end all forms of discrimination against women. The Convention provides the basis for realizing equality between men and women through ensuring women’s equal access to, and equal opportunities in, political and public life. This includes the right to vote and to stand for election as well as education and employment.
The Convention affirms the reproductive rights of women and targets tradition and culture as influential forces shaping gender roles and family relations. It also affirms women rights to acquire, change or retain their nationality and the nationality of their children, states parties agree to take all appropriate measures so that women can enjoy all their human rights and fundamental freedoms as well as agree to take appropriate measures against all forms of traffic in women and exploitation of women.
Education
Article 10 deals with equality in education. The following rights are provided for women, which shall be similar to that of men.
- Same conditions for careers and vocational guidance.
- Same access to studies.
- Equality in pre-school, general, technical, professional and vocational training.
- Same curricula, examinations, teaching staff, school premises and equipment.
- Same opportunities in matters concerning scholarship and other study grants.
- Same access to continuing education, including adult and functional literacy programmes.
- Same opportunities for active participation in sports and physical education.
Employment
Article 11 prohibits discrimination and provides equal rights in the fields of employment, particularly the following:
- The right to work.
- Right to same employment opportunities.
- Right to free choice of profession and employment.
- Right to equal remuneration; equal treatment in respect of work of equal value; and equal treatment in the evaluation of the quality of work.
- Right to social security.
- Right to protection of health and safety in working conditions.
Health Care
Article 12 provides that States shall initiate measures to end discrimination against women in the following areas:
- Access to health care.
- Family planning.
Economic and Social Life
Article 13 prohibits discrimination in economic and social spheres, in particular:
- The right to family benefits.
- The right to bank loans, mortgages and other kinds of credit.
- The right to participate in recreational activities, sports and cultural life.
Women in Rural Areas
Article 14 prohibits discrimination against women in rural areas, and reaffirms their rights:
- To participate in the elaboration and implementation of development planning at all levels.
- To have access to adequate health care facilities, including information, counseling and services in family planning.
- To benefit directly from social security programmes.
- To obtain all types of training and education, formal and non-formal, including that pertaining to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency.
- To organize self-help groups and cooperatives in order to obtain equal access to economic opportunities through employment or self-employment.
- To participate in all community activities.
- To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.
- To enjoy adequate living conditions.
Equality before Law
Article 15 offers women equality with men before the law. Women shall have equal rights:
- To conclude contracts.
- To administer property
- To be treated equally in all stages of procedures in courts and tribunals.
- To enjoy equality in right concerning movement of persons and the freedom to determine their dwelling and domicile.
Any instrument restricting the legal capacity of women shall be null and void.
Marriage and family Relations
Article 16 requires States to apply all channels to wipe out discrimination against women in all matters pertaining to marriage and family relations. In this regard, women shall possess the following rights:
- The same rights to enter into marriage.
- The same rights and responsibilities during marriage and its dissolution.
- The same rights and responsibilities as parents, in matters pertaining to their children.
- The same rights to decide freely on the number and spacing of their children and to have access to information, education and means to allow them apply their rights.
- The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children.
- The same personal rights as husband and wife, inclusive of the right to choose a family name, a profession and an occupation.
- The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
UN Committee on the Elimination of Discrimination against Women
The Convention on the Elimination of All Forms of Discrimination Against Women provides for the establishment of a committee of 23 experts to be elected by the States Parties to serve in their personal capacity. The Committee was established in 1982 for the purpose of considering the progress made in the implementation of the Convention.
In 1982, the Committee on the Elimination of Discrimination (CEDAW) was set up to monitor the implementation of the convention on the Elimination of Discrimination against Women. The committee reviews reports of states parties on the implementation of the convention on the Elimination of All Forms of Discrimination against Women and evaluates the progress made. The committee reports on its activities annually to the General Assembly through the Economic and Social Council and the Council passes these reports to the commission on the status of women for information.
General Recommendation No.19 of CEDAW Adopted at CEDAW’s eleventh session in January 1992
The Recommendation recognizes that gender based violence is a form of discrimination covered by the convention. To combat gender based violence, states must employ effective preventive and protective measures to ensure that women’s human rights remain intact.
Optional Protocol to the Convention on the Elimination of Discrimination against Women, December (1999) Adopted by General Assembly on 6 October 1999 and entered into force 22 December 2000
In the absence of an adequate enforcement mechanism for the Convention on the Elimination of All Forms of Discrimination, an Optional Protocol was adopted in 1999. It provides women with more efficient tools to bring to justice the violators of their rights, as defined by the Committee on the Elimination of Discrimination against Women. The Committee can now receive complaints from both individual citizens and States party groups. Once a complaint has been field, the CEDAW has the authority to adopt provisional measures to protect the victim from further harm.
Convention to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2003)
Adopted by General Assembly resolution 55/25 of 15 November 2000 and entered into force on 29 September 2003
International Conferences on Women
In addition to the resolutions and declarations of the UN on the protection of the rights of women in peace time are in time of armed conflicts, there have been international conferences in support of women’s rights and empowerment. The year 1975 was observed by the UN as International Women’s Year and the first World Conference on Women was held in Mexico City. Another UN Conference was held in Copenhagen in 1980 and Nairobi hosted a UN Conference on Women in 1985. The fourth World Conference on Women took place in China in 1995.
International conferences have been held over the years to address issues concerning women’s rights and empowerment. Following the resolution adopted by the General Assembly of the United Nations, the First World Conference on the Status of Women was summoned in Mexico City, Mexico, from June 19 to July 2, 1975. It coincided with the 1975 International Women’s Year which was observed to remind the international community that discrimination against women continued to be a chronic and incessant problem all over the world.
The conference in Mexico was intended to concentrate on the need to develop future oriented goals, effective strategies and plans of action for the advancement of women. To this end, three key objectives were identified by the General Assembly as the basis for the work of the United Nations on behalf of women namely:
- Full gender equality and the elimination of gender discrimination;
- The integration and participation of women in development; and
- An increased contribution by women in the strengthening of world peace.
The General Assembly also proclaimed the United Nations Decade for Women (1976-1985), five months later at the instance of the Mexico conference; thus opening, a worldwide dialogue on gender equality and advancement of women.
The Second World Conference on women was held in Copenhagen, Denmark, from July 14-30, 1980, to review and appraise the 1975 World Plan of Action. Progress had been made by governments and the international community toward achieving the targets set out in Mexico City five years earlier. One of the important achievements was the adoption in December 1979, by the General Assembly, of the Convention on the Elimination of All Forms of Discrimination Against Women. This convention has become one of the most potent instruments for the equality of women.
The Third World Conference on women took place in Nairobi, Kenya between July 15 and 26 1985. The aim of the conference was to assess the progress recorded during the United Nations Decade for women and formulate a new direction and strategy for the advancement of women. It was realized that while considerable progress had been accomplished in the last ten years, there was still a great deal to be done. The conference enjoined governments to take constitutional and legal initiatives to eradicate all forms of discrimination against women, and tailor national strategies to accelerate the involvement of women in efforts to promote peace and development. There were also specific recommendations for gender empowerment in regard to health, education and empowerment.
The Fourth World Conference, also known as the Beijing Conference, took place from 4 to 15 September, 1995 in Beijing, China. The Conference which was officially tagged “The Fourth World Conference on Women: Action for Equality, Development and Peace” marked a defining moment in the international quest for gender equality. In attendance were 189 countries and more than 5,000 representatives from 2,100 non-governmental organisations.
The main themes were:
- Advancement and empowerment of women in relationship to women’s human rights.
- Women and poverty.
- Women and decision-making.
- The girl child.
- Violence against women.
At the end of the Conference, a Declaration (Beijing Declaration) and Platform for Action were adopted.
The Beijing Declaration and Platform for Action
The Beijing Declaration and Platform for Action was adopted by consensus on 15th September, 1995. They embody the commitment of the international community to the advancement of women, ensuring that a gender perspective is reflected in all policies and programmes at the national regional and international levels. If it is put into effect, the Platform for Action will strengthen and amplify the social, economic and political empowerment of women, enhance their health and their access to education, enrich their quality of life and promote their reproductive rights.
The central message of the Conference was that issues focused on in the Platform for Action are global. Deeply fortified attitudes and practices bolster inequality and discrimination against women in public and private life everywhere in the world. Consequently, implementation needs transformation in values, attitudes, practices and priorities. The Conference indicated a definite commitment to universal norms and standards of equality for men and women. It also emphasised that mechanism to protect and promote the human rights of women and girls are an indispensable part of universal human rights; and that institutions at all levels must be rejuvenated to hasten implementation. The UN and governments agreed to advance gender mainstreaming in policies and programmes.
The Declaration contains the commitment of the international community to the advancement of women. The implementation of the Declaration is primarily a duty of government. However, public and private institutions and non-governmental organisations at national and international levels will also play their parts.
The Platform for Action
The Platform for Action deals with removing the obstacles to women’s participation in all spheres of public and private lives through a full and equal share in economic, social, cultural and political decision-making. It sets out a number of actions that should lead to fundamental changes by the year 2000.
The Platform for Action set out the agenda for the empowerment of women. It is primarily concerned with removing hindrances to the participation of women in all aspects of public and private life by way of a full and equal portion in economic, social, cultural and political decision-making.
There are twelve critical areas of concern:
- The persistent and increasing burden of poverty on women.
- Unequal access to and inadequate educational opportunities.
- Inequalities in health status, and unequal access to and inadequate health-care services.
- Violence against women.
- Effects of armed or other kinds of conflict on women.
- Inequality in women’s access to and participation in the definition of economic structures and policies and the production process itself.
- Inequality between men and women in the sharing of power and decision-making at all levels.
- Insufficient mechanisms at all levels to promote the advancement of women.
- Lack of awareness of and commitment to internationally and nationally recognized women’s human rights.
- Insufficient mobilization of mass media to promote women’s positive contribution to society.
- Lack of adequate recognition and support for women’s contribution to managing natural resources and safeguarding the environment.
- The girl-child.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000)
Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000, the Protocol requires effective action to prevent and combat trafficking in persons, especially women and children, and includes measures to prevent such trafficking, to punish the traffickers, and to protect the victims. It defines trafficking to include exploitation, forced labour services or practices similar to slavery, servitude or the removal of organs.
International Conference on Population and Development 1994
Another international forum where issues affecting women were discussed was the International Conference on Population and Development (ICPD) convened by the UN in Cairo, Egypt from 5 to 13 September, 1994. The ICPD deliberated on topics such as human rights, population, sexual and reproductive health, infant mortality, birth control, family planning, gender equality, education of women, dangerous abortion practices and sustainable development.
Despite divergent views expressed by the delegates on those issues, they were able to reach an accord on the following areas:
- Provision of universal primary education by 2015; and wider access to education for women at secondary and higher-level education, in addition to vocational and technical training.
- States should endeavour to curtail infant and under-5 child mortality ratio.
- States should endeavour to reduce maternal mortality.
- States should endeavour to provide family planning, reproductive and sexual health services.
As laudable as this initiative was, its impact has been minimal. Very few women around the world have access to modern birth control methods. Also, efforts at cutting down maternal deaths have not yielded deserved results.
UN Resolutions/Declarations on Rights of Women
UN Security Council Resolution 1325 on women, peace and security – Adopted in October 2000
UN Security Council Resolution 1820 on sexual violence in armed conflict – Adopted in 2008
UN Security Council Resolutions 1888 and 1889 on sexual violence in armed conflict – Adopted in 2009
Declaration on the Protection of Women and Children in Emergency and Armed Conflict – General Assembly Resolution 3318 (XXIX) 14 December 1974
Declaration on the Elimination of Violence Against Women (DEVAW) – Adopted by the UN General Assembly in 1993
Resolution 58/147 entitled “Elimination of Domestic Violence against Women” – Adopted by the UN General Assembly in 2004
Declaration of November 25 as International Day for the Elimination of Violence against Women
UN General Assembly Proclamation of March 8 as International Women’s Day – UN Day for women’s rights and world peace
Sustainable Development Goals
The Sustainable Development Goals (SDGs) were adopted in September 2015 by the UN General Assembly to replace the Millennium Development Goals (MDGs). There are 17 SDGs deliberately designed “to achieve a better and more sustainable future for all by 2030”. Goal 5 specifically deals with gender equality that is to achieve gender equality and empowerment of all women and girls with disabilities.
In particular SDG 5 seeks to achieve the following objectives:
- End all forms of discrimination against women and girls everywhere.
- Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
- Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
- Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate.
- Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision making in political, economic and public life.
- Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences.
- Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws.
- Enhance the use of enabling technology, in particular information and communications technology, to promote the empowerment of women.
- Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.
PROTECTION OF RIGHTS OF WOMEN IN AFRICA
The African Charter on Human and Peoples’ Rights 1981
The African Charter on Human and Peoples’ Rights (African Charter) was adopted in 1981 and entered into force on 21 October 1986. It sets the agenda for human rights protection and promotion in Africa. The rights embodied in the Charter are protected and promoted by the Africa Commission on Human and Peoples’ Rights. The African Charter is very much like the European Convention on Human Rights and Fundamental Freedoms 1950 and the American Convention on Human Rights 1969.
The adoption of the Charter is predicated on the fact that human being has certain fundamental rights which governments must respect and uphold. The Charter is a set of rules referred to as Articles. It guarantees certain fundamental rights of individuals and groups. The following are the individuals’ rights listed in the Charter.
- Equal treatment for all (arts. 2 and 3)
- The right to life (art. 4)
- Right to dignity (art. 5)
- Right to liberty (art. 6)
- Right to fair trial (art. 7)
- Freedom of conscience (art. 8)
- Freedom of expression (art. 9)
- Freedom of association (art. 10)
- Freedom of assembly (art. 11)
- The right to travel and to seek asylum (art. 12)
- The right to participate in one’s government (art. 13)
Economic, social and cultural rights are contained in Articles 14 to 18 and cover:
- The right to own property
- The right to work
- The right to education
- Right to adequate medical care
- Right to family life and protection
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 2003 specifically addresses the issue of women’s rights in Africa. The AU Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa requires States Parties to commit themselves to modify the social and cultural practices through public education, information and communication strategies for putting an end to harmful practices which are based on the idea of the inferiority or the superiority of the sexes.
Abuses suffered by women in Africa are rooted in age-long customary practices. In order to protect women from violence the AU Protocol to the African Charter on Human and People’s Rights in Africa was adopted on 11 July 2000. The Protocol seeks to improve the status of African women by bringing about gender equality and eliminating all gender-based discriminations. According to article 2(2) of the Protocol, “States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for women and men.” It enjoins States to enact laws to prohibit all forms of violence against women. In this respect, article 4 (2) of the Protocol provides as follows:
States Parties shall take appropriate and effective measures to:
(a) enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public;
(b) adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women;
(c) identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence;
(d) actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimize and exacerbate the persistence and tolerance of violence against women;
(e) punish the perpetrators of violence against women and implement programmes for the rehabilitation of women victims;
(f) establish mechanisms and accessible services for effective reformation, rehabilitation and reparation for victims of violence against women;
(g) prevent and condemn trafficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk;
(h) prohibit all medical and scientific experiments on women without their informed consent;
(i) provide adequate budgetary and other resources for the implementation and monitoring of actions aimed at preventing and eradicating violence against women;
(j) ensure that, in those countries where the death penalty still exists, not to carry out death sentences on pregnant or nursing women;
(k) ensure that women and men enjoy equal rights in terms of access to refugee status determination procedures and that women refugees are accorded the full protection and benefits guaranteed under international refugee law, including their own identity and other documents.
CONCLUSION
Human rights are God-given and inherent in all human beings by reason of their humanity. They are not created by the government and cannot be taken away by the government, though some aspects may be suspended during public emergency. Human rights are universal and apply to all men and women equally without regard to nationality, race, colour, tribe, religion, sex, culture or any other consideration. Human rights are indivisible. There are no separate rights for men and for women; no superior rights and no inferior rights.
Human rights transcend state sovereignty and the doctrine of non-interference in domestic affairs. A State cannot treat its citizens the it likes, without incurring the anger and wrath of the international community, which can intervene militarily to stops serious and systematic violations of human rights. Individuals responsible for such violations, including heads of state and government, ministers, political and military commanders can be prosecuted at the International Criminal Court (ICC) for crimes against humanity.
Human rights are necessary for States to make progress socially, economically and politically. Their observance will enhance rapid development and ensure equal opportunities for all. Mediocrity and the godfather syndrome will give way to merit and excellence, where the citizens will be able to unleash their full potentials in a strife-free environment.
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United Nations Charter 1945
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