PES UNIVERSITY

FACULTY OF LAW

SUBMITTED BY: HIMANI.S

SRN: PES1UG20AL013

COURSE: [Link] (HONS.)

SEMISTER: 8TH SEM, 4TH YEAR.

SUBJECT: HUMAN RIGHTS LAW.

RESEARCH TOPIC: “Protection of the human rights of

women under international law”

SUBJECT CODE: UL20LC452

SUBMITTED TO:

Asst. Prof. Mrs. TARA GOPINATH

FACULTY OF LAW

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Topic: Protection of the human rights of women under international law

ABSTRACT
Attaining equality between women and men and eliminating all forms of discrimination
against women are fundamental human rights and United Nations values. Women
around the world nevertheless regularly suffer violations of their human rights
throughout their lives, and realizing women’s human rights has not always been a
priority. Achieving equality between women and men requires a comprehensive
understanding of the ways in which women experience discrimination and are denied
equality to develop appropriate strategies to eliminate such discrimination. The
research introduces women’s human rights, beginning with the main provisions in
international human rights law and going on to explain particularly relevant concepts
for fully understanding women’s human rights. Finally, selected areas of women’s
human rights are examined together with information on the main work of United
Nations human rights mechanisms and others pertaining to these topics. The aim of
the research is to offer a basic understanding of the human rights of women, also the
wide variety of issues relevant to women’s human rights.

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 INTRODUCTION
The United Nations has a long history of addressing women’s human rights and much
progress has been made in securing women’s rights across the world in recent
decades. However, important gaps remain and women’s realities are constantly
changing, with new manifestations of discrimination against them regularly emerging.
Some groups of women face additional forms of discrimination based on their age,
ethnicity, nationality, religion, health status, marital status, education, disability and
socioeconomic status, among other grounds. These intersecting forms of
discrimination must be taken into account when developing measures and responses
to combat discrimination against women.
Since the founding of the United Nations, equality between men and women has been
among the most fundamental guarantees of human rights. Adopted in 1945, the
Charter of the United Nations sets out as one of its goals “to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, [and] in the
equal rights of men and women”. Furthermore, Article 1 of the Charter stipulates that
one of the purposes of the United Nations is to promote respect for human rights and
fundamental freedoms “without distinction as to race, sex, language or religion”. This
prohibition of discrimination based on sex is repeated in its Articles 13 (mandate of the
General Assembly) and 55 (promotion of universal human rights). In 1948, the
Universal Declaration of Human Rights was adopted. It, too, proclaimed the equal
entitlements of women and men to the rights contained in it, “without distinction of any
kind, such as ... sex, ….” In drafting the Declaration, there was considerable discussion
about the use of the term “all men” rather than a gender-neutral term.1 The Declaration
was eventually adopted using the terms “all human beings” and “everyone” in order to
leave no doubt that the Universal Declaration was intended for everyone, men and
women alike.

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 LITERATURE REVIEW
In the past, human rights had been conceptualized in a way that did not take account
of women’s lives and the fact that women routinely faced violence, discrimination and
oppression. Consequently, women’s experiences were until relatively recently not
adequately addressed by the human rights framework. The work of activists, human
rights mechanisms and States has been critical in ensuring that the human rights
framework has grown and adjusted to encapsulate the gender-specific dimensions of
human rights violations in order to better protect women. Effectively ensuring women’s
human rights requires a comprehensive understanding of the underlying societal
structures and power relations that define and influence women’s ability to enjoy their
human rights. These power structures have an impact on all aspects of life, from law
and politics, to economic and social policy, family and community life. The following
sections examine some of the key concepts that are critical to the protection and
promotion of women’s human rights.
Human rights law requires State agents to respect, protect and fulfil human rights
standards and rules established at the international, regional and national levels.
Historically, this set of rules and the concomitant scrutiny have focused on actions
directly attributable to State agents, based on their commission or acquiescence, such
as killings, torture and arbitrary detention. The obligation of States to respect human
rights, including women’s rights, referred to the obligation to refrain from doing
anything that could violate those rights. Any wrong committed within the private
sphere, without any direct intervention by State agents, was not considered a human
rights violation. However, since the 1980s and 1990s, the women’s rights movement
has increasingly criticized this interpretation of human rights as perpetuating violations
of women’s human rights and stemming from male bias.12 It is now recognized that
the obligations of States to protect and fulfil human rights clearly encompass the duty
to protect women from violations committed by third parties, including in the private
sphere, and to take positive steps to fulfil their human rights. The Convention on the
Elimination of All Forms of Discrimination against Women covers both public and
private acts. Its article 2 (e) specifically addresses the obligation of States to address
discrimination against women perpetrated by any person, organization or enterprise,
and its article 2 (f) concerns the modification and abolition not only of discriminatory
laws and regulations, but also of customs and practices. Its article 5 (a) requires States
“to modify the social and cultural patterns of conduct of men and women, with a view
to achieving the elimination of prejudices and customary 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 men and women”.
The Committee on the Elimination of Discrimination against Women as well as other
United Nations human rights bodies and mechanisms have observed that States have
obligations to address acts committed by private actors. In particular, the Committee
on the Elimination of Discrimination against Women’s general recommendation No. 19
(1992) on violence against women spells out that “States may also be responsible for
private acts if they fail to act with due diligence to prevent violations of rights ….”
Similarly, the Human Rights Committee confirmed, in its general comment of (2004)
on the nature of the general legal obligation imposed on States parties to the

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Covenant, that States have both negative and positive obligations—to refrain from
violating human rights and to protect as well as fulfil human rights, including by
protecting rights holders against acts committed by private persons or entities. Under
human rights law, the due diligence standard serves to determine whether the State
has taken effective steps to comply with its human rights obligations, in particular the
obligation to protect.

RESEARCH OBJECTIVE
1. To know the need of Women rights.
2. To analyse the various women rights.
3. To review the Government enactments which ensures women rights.
4. To identify the issues and challenges of women rights.

RESEARCH QUESTION
What is the role of commission on the status of women?
Observations of world conference on human rights was held in vienna

RESEARCH PROBLEM
“Eve-teasing,” a common euphemism for sexual harassment or molestation in public
places, goes mostly unreported. Many analysts attribute this to a culture of complicity
and the government’s weak prosecution of such assault crimes. Under the Indian
Penal Code, crimes against women include rape, kidnapping and abduction,
molestation, sexual harassment, torture, homicide for dowry, and the importation of
girls. However, worldwide slow, overburdened, and underfunded criminal justice
system has exacerbated the plight of women victims, analysts say. Most rapes go
unreported, largely because of cultural stigmas surrounding such incidents that could
bring shame to victims and their families.

Research Methodology:
The study is based on secondary sources of data such as -
1. books
2. journal articles
3. web sites
4. census etc.
Content analysis is the research method used to study the data.

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 RESEARCH ANALYSIS
The Human Rights Council is the main intergovernmental body of the United Nations
to promote and protect human rights. With 47 States elected by the General Assembly,
the Human Rights Council has regularly held special panels on women’s rights and
the integration of a gender perspective since its creation in 2006. There are also many
resolutions by the Council and its predecessor, the Commission on Human Rights,
that call on States to implement their obligations relating to women’s rights. These
discussions and resolutions are important to keep women’s rights on the international
agenda. The Human Rights Council also has the power to call special sessions to
address human rights violations and emergencies. These special sessions have, in
some cases, presented opportunities for examining violations of women’s rights. For
instance, the special session on Darfur, Sudan, led to a report of the High-level Mission
on the situation of human rights there in which specific concerns were raised about
rape and sexual violence and the lack of access to justice for these crimes also the
The United Nations Security Council has adopted a series of resolutions specifically
relating to women, peace and security. In 2000, the Security Council unanimously
adopted resolution, calling for increased participation of women in all aspects of
conflict prevention and resolution and a gender perspective in all United Nations peace
and security efforts, as well as in the negotiation and implementation of peace
agreements. Resolution and subsequent Security Council resolutions and United
Nations Secretary-General reports on the same topic also call on all parties to conflicts
to take special measures to protect women and girls from gender-based violence in
the context of armed conflict, while at the same time recognizing women’s important
role in peace processes as agents of change.

VIENNA DECLARATION AND PROGRAMME OF ACTION

In 1993, the World Conference on Human Rights was held in Vienna. It sought to
review the status of the human rights machinery in place at the time. Women’s rights
activists mobilized to ensure that women’s human rights were fully on the agenda of
the international community under the rallying cry “Women’s Rights are Human
Rights.” Particularly around the issue of violence against women, civil society activists
organized tribunals to put the spotlight on violations of women’s rights, previously
unaddressed because they were considered part of the private sphere, taboo or simply
accepted as an inevitable part of women’s lives. The Conference was successful in
adopting the Vienna Declaration and Programme of Action, which stated that “the
human rights of women and of the girl-child are an inalienable, integral and indivisible
part of universal human rights” and placed particularly heavy emphasis on eliminating
all forms of gender-based violence.

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INTERNATIONAL CONFERENCE ON POPULATION AND DEVELOPMENT
The International Conference on Population and Development, which was held in
1994, represented a milestone for women’s rights. While the Conference was focused
on population issues, the delegates meeting in Cairo agreed that population was not
only about demographics but, more importantly, about people. The issues taken up in
its Programme of Action5 are fundamentally related to women’s human rights,
including gender equality, the family, reproductive health, birth control and family
planning, women’s health, as well as immigration and education of women.
Importantly, the Programme of Action is explicitly grounded in human rights and
proclaims that “advancing gender equality and equity and the empowerment of
women, and the elimination of all kinds of violence against women, and ensuring
women’s ability to control their own fertility, are cornerstones of population and
development-related programmes.” The Conference was also important for its clear
statement of reproductive rights, explaining that these “rest on the recognition of the
basic right of all couples and individuals to decide freely and responsibly the number,
spacing and timing of their children and to have the information and means to do so,
and the right to attain the highest standard of sexual and reproductive health. It also
includes their right to make decisions concerning reproduction free of discrimination,
coercion and violence, as expressed in human rights documents.” The Programme of
Action sets specific targets for: the provision of universal education; the reduction of
infant, child and maternal mortality; and ensuring universal access to reproductive
health care, including family planning, assisted childbirth and prevention of sexually
transmitted infections, including, by 2015.

UNITED NATIONS CONFERENCE ON SUSTAINABLE DEVELOPMENT

The United Nations Conference on Sustainable Development (“Rio+20”) brought
Heads of State and Government to Brazil in 2012, to appraise progress in the
implementation of agreements struck since the landmark 1992 United Nations
Conference on the Environment and Development in Rio de Janeiro. At “Rio+20”,
countries renewed their political commitment to sustainable development, agreed to
establish a set of sustainable development goals and established a high-level political
forum on sustainable development. Importantly, the outcome document, entitled “The
uture we want”, also reaffirms the commitments of States to “women’s equal rights,
access and opportunities for participation and leadership in the economy, society and
political decision-making” and includes explicit references to accelerating the
implementation of commitments in the Convention on the Elimination of All Forms of
Discrimination against Women, the Beijing Platform for Action and the Millennium
Declaration. The outcome document also states that “gender equality and the effective
participation of women are important for effective action on all aspects of sustainable
development” and calls for the repeal of discriminatory laws and for ensuring women’s
equal access to justice.

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THE COMMISSION ON THE STATUS OF WOMEN
The Commission on the Status of Women was established by United Nations
Economic and Social Council resolution “to prepare recommendations and reports to
the [Council] on promoting women’s rights in political, economic, civil, social, and
educational fields”. The Commission is also mandated to make recommendations to
the Council on “urgent problems requiring immediate attention in the field of women’s
rights”. The Commission meets once a year and issues agreed conclusions on priority
themes set for each year. The agreed conclusions include an assessment of progress,
gaps and challenges, as well as concrete recommendations addressed to
Governments, international organizations, civil society and other stakeholders. The
Commission also adopts resolutions on a variety of women’s rights-related issues.
Throughout its history, the Commission has played a key role in promoting women’s
rights, actively contributing to landmark international legal and policy instruments, such
as the Convention on the Elimination of All Forms of Discrimination against Women,
the Declaration on the Elimination of Violence against Women and the Beijing
Declaration and Platform for Action.

Women human rights defenders

The Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms, also known as the Declaration on Human Rights Defenders,
recognizes the important role of human rights defenders, including that of women
defenders, and outlines the rights of all human rights defenders and the obligations of
States.
The Special Rapporteur on the situation of human rights defenders has drawn
attention to the specific challenges facing women human rights defenders and those
working on women’s rights or on gender issues. Women human rights defenders are
subject to the same types of risks as other human rights defenders, but as women
they are also targeted for or exposed to gender-specific threats and genderspecific
[Link] reasons for this are multifaceted and complex, and depend on the
specific context in which the individual woman is working. Often, the work of women
human rights defenders is seen as challenging traditional notions of family and gender
roles in society, which can lead to hostility by the general population and the
authorities. They are therefore stigmatized and ostracized by community leaders, faith-
based groups, families and communities that consider them to be threatening religion,
honour or culture through their work.
In addition, the work itself or what they are striving to achieve (for instance, the
realization of women’s rights or any gender-related rights) also makes them targets for
attack. Their families also become targets for threats and violence, aiming to
discourage women human rights defenders from pursuing their work. The Special
Rapporteur on the situation of human rights defenders has acknowledged that women
defenders are more at risk of being subjected to certain forms of violence and other
violations, prejudice, exclusion and repudiation than their male counterparts. It is

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therefore important to strengthen protection mechanisms and other—local and
international—responses to their specific concerns.
The Special Rapporteur has recommended that States should ensure that protection
programmes for human rights defenders integrate a gender perspective and address
the specific needs of women human rights defenders. This must include prompt
investigation of intimidation, threats, violence and other abuses against women human
rights defenders whether committed by State or non-State actors. In practice, however,
women human rights defenders are often without effective protection mechanisms.
Although the State has the primary responsibility to protect defenders when they are
threatened or attacked, the international community as well as the United Nations
presences on the ground also have a responsibility to support and protect them,
bearing in mind the basic principles of confidentiality, do no harm and the informed
consent of the person.

The right to a nationality

Women’s ability to participate in public and political life is integrally related to their
ability to claim citizenship and nationality-related rights. The Convention on the
Elimination of All Forms of Discrimination against Women calls on States to “grant
women equal rights with men to acquire, change or retain their nationality” and to
“ensure in particular that neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality of the wife, render
her stateless or force upon her the nationality of the husband” (art. 9). It also requires
State parties to “grant women equal rights with men with respect to the nationality of
their children”. The Committee has explained that nationality is critical to full
participation in society and that not having one has a serious impact on the enjoyment
of other rights such as the right to vote, stand for public office, access public benefits
and choose a residence. Article 15 requires State parties to “accord to women equality
with men before the law” as well as identical legal capacity in civil matters. The
Committee has further explained that any restriction in this field seriously limits the
woman’s ability to provide for herself and her dependants. The Committee has also
noted with concern the high number of reservations to articles 9, 15 and 16, and called
on States to withdraw them and to enact and enforce legislation in accordance with
these articles.

SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS

Reproductive health is defined in the Programme of Action of the International
Conference on Population and Development as “a state of complete physical, mental
and social well-being and not merely the absence of disease or infirmity, in all matters
relating to the reproductive system and to its functions and processes.” In 2004, the
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health defined sexual health as a state of physical,
emotional, mental and social well-being related to sexuality, not merely the absence

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of disease, dysfunction or infirmity. This definition is based on the recognition in the
Programme of Action that the purpose of sexual health “is the enhancement of life and
personal relations, and not merely counselling and care related to reproduction and
sexually transmitted diseases.”
Women’s sexual and reproductive health is related to multiple human rights, including
the right to life, the right to be free from torture, the right to health, the right to privacy,
the right to education and the prohibition of discrimination. The Committee on
Economic, Social and Cultural Rights and the Committee on the Elimination of
Discrimination against Women have both clearly indicated that women’s right to health
includes their sexual and reproductive health. This means that States have obligations
to respect, protect and fulfil rights related to women’s sexual and reproductive health.
The Special Rapporteur on the right to health maintains that women are entitled to
reproductive health-care services, goods and facilities that are: (a) available in
adequate numbers; (b) accessible physically and economically; (c) accessible without
discrimination; and (d) of good quality (A/61/338).
Despite these obligations, violations of women’s sexual and reproductive health rights
are frequent. These take many forms, such as denying access to services that only
women require, providing poor-quality services, subjecting access to third-party
authorization or performing procedures without the woman’s consent, including forced
sterilization, forced virginity examinations and forced abortion. Women’s sexual and
reproductive health rights are also at risk when they are subjected to female genital
mutilation and early marriage.

WOMEN’S RIGHT TO AN ADEQUATE STANDARD OF LIVING

The International Covenant on Economic, Social and Cultural Rights mentions the
right to adequate food, clothing and housing, and the continuous improvement of living
conditions as part of the right to an adequate standard of living for oneself and one’s
family (art. 11). Women’s rights to land, property, food, water and sanitation, as well
as work and social security, are intrinsically linked to the right to attain an adequate
standard of living. All these rights are guaranteed under international human rights law,
including the right to enjoy these rights on an equal basis with men, without
discrimination. Women’s access to services, to education and to productive resources
is paramount to the realization of the above-mentioned rights.
Land, property, housing
Rights to land, housing and property are essential to women’s equality and well-being.
Women’s rights in, access to and control over land, housing and property are a
determining factor in their living conditions especially in rural economies, essential to
women and their children’s daily survival, economic security and physical safety.
Despite the importance of these rights for women and female-headed households,
women still disproportionally lack security of tenure. This is often because property is
registered in a man’s name; the father, husband or brother. In the event of separation,
divorce or widowhood, the man or his family often retains rights to the property or the

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land whereas the woman becomes homeless or will have to share the property with
her in-laws without gaining control or rights over it.
Access to land and housing is governed through land tenure systems. Land tenure is
the relationship, whether legally or customarily defined, among people, individuals and
groups, with respect to land. According to general comment No. 4 (1991) on the right
to adequate housing of the Committee on Economic, Social and Cultural Rights,
tenure takes a variety of forms, including rental (public and private) accommodation,
cooperative housing, lease, owner-occupation, emergency housing and informal
settlements, including occupation of land or property. Regardless of the type of tenure,
all persons should possess a degree of security of tenure which guarantees legal
protection against forced eviction, harassment and other threats.
Discriminatory legislation on and lack of control over property, land and housing also
mean that women are excluded from community decisionmaking processes that are
led by men who normally are the landowners. In rural communities, ownership of land
determines both social status and the way in which control is exercised over a
household’s resources and income. Women’s disadvantaged economic position in this
regard creates a structural dependence on men for access to resources, which in turn
can subject women to insecurity and violence.
Women suffering from multiple forms of discrimination—e.g., older women, women
with disabilities, women living with HIV/AIDS or women belonging to minority
communities or indigenous groups—face additional obstacles in accessing land and
property. For instance, in some places widows, often older women, are blamed for
killing their husbands by infecting them with HIV and in-laws use this as a justification
to dispossess them and evict them. Women then lose access to productive resources
which they badly need to pay for their medical care.
The Universal Declaration of Human Rights establishes the right of everyone to own
property regardless of sex (art. 17.1 and 2), the right to an adequate standard of living
including housing and to security in the event of a lack of livelihood (art. 25), and states
that everyone should have equal rights as to marriage, during marriage and at its
dissolution (art. 16). The International Covenant on Civil and Political Rights, in its
broad non-discrimination provision (art. 26), guarantees equality before the law and
prohibits discrimination on the basis of sex. This applies equally to legislation and
policies on property, housing and land rights. The International Covenant on
Economic, Social and Cultural Rights also guarantees the right to adequate housing
(art. 11).
A.T. v. Hungary (Committee on the Elimination of Discrimination against Women,
communication No. 2/2003, Views adopted on 26 January 2005)
In A.T. v. Hungary, a case on domestic violence, the Committee ruled that shelter
homes should always be available to provide effective protection to victims of domestic
violence. Furthermore, the State party was called upon to take immediate and effective
measures to guarantee the physical and mental integrity of A.T. and her family and
ensure that she is given a safe home in which to live with her children, receives
appropriate child support and legal assistance as well as reparation proportionate to

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the physical and mental harm undergone and to the gravity of the violations of her
rights.

Vulnerability to trafficking related to discrimination and violence against women

Discrimination can be linked to trafficking in a number of ways.
It is no coincidence that those most likely to be trafficked (irregular migrants, stateless
persons, non-citizens and asylum seekers, members of minority groups) are especially
susceptible to discrimination and intolerance, based on their gender, race, ethnicity,
religion and other distinguishing factors. In addition to increasing the risk of trafficking,
discriminatory attitudes, perceptions and practices contribute to shaping and fuelling
the demand for trafficking.
According to the Palermo Protocol to Prevent, Suppress and Punish the Trafficking in
Persons, Especially Women and Children, trafficking in persons means “the
recruitment, transportation, transfer, harbouring or receipt of persons, by means of the
threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
of the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include, at a minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or the removal of
organs” (art. 3 (a)).
Racial and gender-based discrimination in the denial of economic and social rights is
a critical factor in rendering certain persons more susceptible to trafficking than others.
In both cases, the impact of discrimination results in fewer and poorer life choices.
This lack of genuine choice can, in turn, make women and girls more vulnerable to
trafficking than men, particularly in certain circumstances and for women and girls of
certain nationalities and ethnicities. For example, minority women and girls, women
and girls living in poverty, or women and girls living in conflict or post-conflict settings
may face increased risks of being trafficked.
Although trafficking can also affect men, it is a form of violence particularly experienced
by women. Violence directed against or primarily affecting women can be a factor
making them more vulnerable to trafficking. For example, women may accept
dangerous migration arrangements in order to escape the consequences of
entrenched discrimination including family violence and lack of protection against such
violence. Women may also be more vulnerable than men to coercion and force at the
recruitment stage, increasing their susceptibility to being trafficked in the first place.
States, particularly countries of origin, can address increases in vulnerability to
trafficking-related discrimination and violence against women through a range of
practical measures, such as providing safe shelter with medical, psychological and
legal facilities for women experiencing violence. Longer-term measures that seek to
address the social, cultural and structural causes of violence are also important. These
may include: reforming legislation that either discriminates against women or fails to
address violence against women; ensuring the prompt investigation and prosecution

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of complaints related to violence against women; providing access to effective
remedies for gender-based violence; and implementing initiatives aimed at educating
the public and relevant officials about violence against women.

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 CONCLUSION
In conclusion, it is evident that women across the globe deserve a voice, and equal human
rights, and they should be appreciated, and their contributions to society acknowledged.
This will, in return, play a key role in ensuring the prosperity of the communities and the
countries involved as a whole. However, on the other hand, there are several negative
consequences when there is a gender imbalance in society. Women are
disproportionately affected by forced evictions, protection against which is a key
element of security of tenure and the right to adequate housing. It is essential as their
thought and their value systems lead the development of a good family, good society
and ultimately a good nation. A proper awareness of the rights of women can ensure
safety and protection of women along with its enforcement. True equality can ensure
better democratic system and values and best rights ensuring the protection and
welfare of women is the need of the hour. Eviction can take place only under certain
very exceptional circumstances and under strict criteria imposed by international law.
Inequality may result in exposure to violence, discrimination, and socioeconomic disparity,
which will bring depression, anxiety, and low self-esteem amongst females in the
community.

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 BIBLIOGRAPHY
• The human rights framework in practice.
• Vienna declaration and programme of action.
• International conference on population and development.
• Beijing declaration and platform for action.
• United nations conference on sustainable development.
• The human rights council and its mechanism
• The security council
• The commission on the status of women.
• Christine Forster & Jaya Sagade- Women’s human rights in India.
• Sital Kalantry-Women’s human rights and migration.
• Jayashree Manghubhai- Human rights as practise: women securing livelihood.
• Nivedita Menon- Gender and Politics in India. Prem Choudhry-Understanding
Women’s land rights, Sage Publications.

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