Lessons From The Law
Gender discriminations most often invade dignity of life and right to privacy of woman contrary to the internationally ascribed moral visions of human rights. A feminist vision of human right is complementary to the jurisprudence of both human rights and social justice. Universal Declaration of Human Rights and the Covenants prohibited sex-based discriminations. But, they were not adequate to build up a comprehensive policy of gender justice. The Convention on the Elimination of all forms of Discrimination Against Women, 1979, to which India is also a party, came into existence with a realisation that discrimination against women violates the principles of equality of rights and respect for human dignity; that it is an obstacle to the participation of women, on equal terms with men, in the political, social economic and cultural life of their countries; and that it hampers the & growth and prosperity of society and family. The CEDAW bears in mind the great contribution of woman to the welfare of the family and o the development of the society, so far not fully recognised, the social Significance of maternity and role of both parents in the family and in ne upbringing of children. It warns that the role of women in procreating should not be a basis for discrimination. It exhorts for sharing of responsibility of upbringing between men and women and the society as a whole. Condemning discrimination against women in all its forms, it obligates State Parties to embody the principle of equality of men and women in their national constitutions and legislation, to provide effective legal protection of women through public institutions and to repeal or modify discriminatory laws and practices (Article 2). Article 3 states, “States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.” Particular methods of effectuating this policy have also been laid down for state action:
Temporary special measures to accelerate de facto equality between men and women (Article 4).
Modification of social and cultural patterns of conduct of men and women by eliminating prejudices, inferiority superiority distinctions or stereotype roles (Article 5).
Suppression of all forms of traffic in or exploitation of women (Article 6)
• Equal opportunities in public and political life, in all levels of education, vocational training and career guidance with effective measures against drop outs (Articles 7-10).
Author is Senior lecturer at KCEF Law College.
