UN Gender Equality and Empowering Women around the World
Survivor calls for the UK to make forced marriages illegal
The Independent, 4 July 2011
In the next two weeks, the British government is expected to decide whether or not to make the act of forcing someone into marriage a specific criminal offence.
One woman whose own story illustrates the need for such a move is Saima Ahmed (not her real name) who is campaigning to bring attention to the issue.
She is speaking out about her own harrowing ordeal in the hopes of educating frontline staff – teachers, care workers and police officers – who might spot the warning signs for when someone might be at risk.
The 20 year-old woman recalls being flown to Pakistan as a teenager, married against her will to a man she had never met before and raped every night until she became pregnant.
She was then stabbed by a member of her own family for asking for a divorce while on a trip back to the UK. Her unborn son died in her womb.
Saima's story shows how victims of forced marriages can all too often fall through the cracks, even when there are multiple warning signs.
Beaten up by her middle-class professional parents for talking to a boy when she was 14, Saima was already on the child protection register when her parents began making plans for her to marry.
She went to her social worker two years later saying her family had already told her she was to get married and were about to fly her to Pakistan.
"Rather than help me she phoned my mother straight away and said ‘Can you come collect your daughter? She's kicking up a fuss',” Saima recalls.
She was taken out of class the following day, but the school made no attempt to follow up why she was no longer attending and where she had gone. Within a month she was on a flight to Pakistan.
Prior to the recent general election David Cameron promised to take action, calling forced marriages an "utterly bizarre and frankly unacceptable” practice.
But after more than a year of the coalition government there has been little movement on the issue.
Across Europe, however, there has been a growing trend to bring in specific anti-forced marriage legislation, with Norway and Belgium leading the charge.
Earlier this year Germany became the latest country to outlaw forced marriages, threatening anyone caught trying to marry someone off against their will with a five-year jail sentence.
In the UK, currently it is not illegal to force someone to marry, though criminal offences – such as kidnap, rape, and assault – may be committed in the course of carrying one out.
The problem is that prosecutions are incredibly rare, partly because many of the actual crimes take place abroad and partly because they are so difficult to prove when vulnerable victims are often unwilling to prosecute their own families.
"I think there's a fear or being branded racist – it makes people reluctant to support criminalisation,” says Natasha Rattu, a qualified barrister who works for Karma Nirvana, the Derby-based charity that specialises in forced marriage victims and is currently hosting national road shows to highlight the issue.
"Well we shouldn't let anyone convince us that it is part of their culture or religion to abuse. Forced marriage is a crime, full stop and the law should say that,” she said.
"Criminalising forced marriages would help people like me enormously,” says Saima. "I would have been able to tell my parents unequivocally that what they were doing was not just wrong but wholly illegal. I would have felt like the law was on my side.”
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EU report on fundamental rights of ‘irregular migrants'
www.womensviewsonnews.org, 5 July 2011
The European Union Agency for Fundamental Rights (FRA) has today published a report on the fundamental rights of irregular migrants who are employed as domestic workers in the European Union (EU).
Most irregular migrants in domestic work are women.
The report shows that their irregular immigration status, coupled with challenges in regulating domestic work more generally, makes this group very vulnerable to exploitation, including cases of physical abuse.
Typical forms of exploitation include low pay, often having to work excessive working hours, and usually not being able to obtain compensation for work-related accidents.
FRA director Morten Kjaerum said: "From a fundamental rights perspective, it is key to improve the situation of all domestic workers in the EU – whether they reside regularly or irregularly in an EU Member State.
"This is reinforced by the ILO Convention Concerning Decent Work for Domestic Workers, which was adopted in June 2011, and which applies to all domestic workers” (see WVoN story).
He continued: "It is up to the governments to decide what labour force to bring into a country from abroad. But once a person is in the country and employed in spite of being in an irregular situation, core labour law and human rights standards must apply.
"In practice, the fear of deportation or dismissal deters victims of abuse or exploitation from going to court. Because possible deportation is the price of access to justice, often those who mistreat irregular domestic workers go unpunished.”
Please click here to view additional evidence
To read the full report, click here.
Please click on links below to view documents by the Equality and Diversity Forum on Migrant Workers:
Refugees & Migrants & Equality Act 2010 - Community Organisations - June 2011
Refugees & Migrants & Equality Act 2010 - Public Authorities - June 2011
UK's shameful failure to support UN Women
The Guardian, 30 June 2011
Six months after its historic launch, UN Women has managed to raise just one fifth of its expected funding target of $500m.
At this rate, the body will struggle to do any of the things it was set up to do, namely co-ordinate and invest in gender equality and women's empowerment around the world.
Michelle Bachelet, the first head of UN Women, published a strategic plan ahead of the body's annual meeting which closed in New York a couple of days ago.
In an opening address, she described the current list of donors: "Many countries have increased their contributions, some significantly, for which we are very grateful. But for others, the time is now to walk the talk.”
One country that did an awful lot of talking ahead of the foundation of UN Women last year and which now seems paralysed into inaction is the UK.
Almost 80 countries have so far pledged or actually donated money as of Wednesday. Between them, Spain, Norway and Canada have pledged half of the $103m total.
The 25th biggest donor is Saudi Arabia, pledging $100,000. One could argue that this feudal territory, which bars women from driving, may have money to burn, but just a few below is Greece, that cash-strapped basket case of Europe, closely followed by Ivory Coast and the Democratic Republic of the Congo, which has pledged $10,000.
Nowhere on the entire list of 78 nations is Great Britain. This is not through a lack of interest in the new agency.
In an article for the Guardian to coincide with International Women's Day in March, Andrew Mitchell, the development secretary, wrote:
"The UK has also played a leadership role in the establishment of UN Women…which we will support once we see a copy of their strategic plan. We are deeply committed to help it become a powerful agency.”
So far Mitchell has not given a date as to when it might pay up, saying instead:
"Now that the strategic plan has been received I will consider very carefully how we can support its vital mission and deliver value for money to British taxpayers and those we are trying to help.”
The full list of donors can be found at unwomen.org.
In many countries of the world, the rule of law still rules women out
In every region, there are laws that discriminate against women, in relation to property, the family, employment and citizenship.
Too often, justice institutions, including the police and the courts, deny women justice.
But, governments and civil society are pioneering innovative approaches to ensure that women can access justice
Catalyzing gender-sensitive law reform, investing in one-stop shops and providing reparations for women are just some of the responses that are making a difference.
Women parliamentarians, lawyers, judges and activists are driving change and making a difference
Ensuring women are in parliaments, are on the front-line of justice, and are represented in the judiciary and customary justice systems helps women to access their rights.
Groundbreaking strategic litigation has been used in every region to expand access to justice for millions of women.
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Please click on link to see UN Report:
UN Summary - Progress Of The Worlds Women.07.11
Ten proven approaches to make justice systems work for women
progress.unwomen.org
Below are ten proven approaches to making justice systems work for women. They are achievable and, if implemented, they hold enormous potential to advance women's rights.
1. Support women's legal organizations
Women's legal organizations are at the forefront of making justice systems work for women. Where government funded legal aid is limited, women's organizations step in to provide the advice and support that women need to pursue a legal case, to put a stop to violence, to seek a divorce or claim the land that is rightfully theirs.
They have been leaders in successful interventions in plural legal environments, showing that it is possible to engage with plural legal systems while simultaneously supporting local cultures, traditions and practices.
Women's organizations have also spearheaded law reform efforts and strategic litigation cases that have transformed the landscape for women's rights nationally, regionally and internationally. These cases, including those on violence against women, sexual and reproductive health, citizenship and inheritance have enforced or clarified laws already on the books, challenged laws that should be repealed and created new laws to fill legislative gaps.
Supporting these organizations is an urgent priority and a vital investment to increase women's access to justice.
2. Support one-stop shops and specialized services to reduce attrition in the justice chain
The justice chain, the series of steps that a woman must take to access justice, is characterized by high levels of attrition, whereby cases are dropped as they progress through the system. As a result, only a fraction of cases end in a conviction or a just outcome.
One way to reduce attrition, especially in cases of violence against women is to invest in one-stop shops, which bring together vital services under one roof to collect forensic evidence, provide legal advice, health care and other support. The Thuthuzela Care Centres (TCC) in South Africa are one successful example of this approach, now being replicated in other countries including Chile and Ethiopia. Conviction rates for rape cases dealt with by the TCC in Soweto, have reached up to 89 percent, compared to a national average of 7 percent.
A study in the United States found that women supported by specialized advocates for survivors of rape, who helped them navigate police and health care systems, were more likely to make police reports, more likely to receive health care and less likely to report distress in their dealings with the different service providers.
3. Implement gender-sensitive law reform
Gender-sensitive law reform is the foundation for women's access to justice. CEDAW provides the internationally agreed gold standard for legal reform to achieve gender equality. Action is needed to repeal laws that explicitly discriminate against women; to extend the rule of law to protect women in the private domain, including from domestic violence; and to address the actual impact of laws on women's lives.
While CEDAW is among the most widely ratified of United Nations treaties, it also has one of the largest number of reservations. The most common are on article 16, which guarantees women's rights within marriage and the family. Removing these reservations is a critical step to putting in place a legal framework that supports women's rights.
To have the most impact, laws must be drafted to drive implementation, including clear mandates, procedures, funding and accountability mechanisms. For example, in 45 countries, laws on domestic violence include guarantees of free legal aid for women. In Nepal, financial incentives have ensured implementation of laws on equal inheritance, which has led to a threefold increase in women's property ownership. In Sweden, non-transferable ‘daddy months' have increased the uptake of paternity leave, helping to address the gender pay gap.
4. Use quotas to boost the number of women legislators
In countries where women's representation in parliament increases substantially, it is often accompanied by new laws that advance women's rights.
From the United Republic of Tanzania to Costa Rica, Rwanda to Spain, where quotas have been used to boost the number of women legislators, progressive laws on violence against women, land rights, health care and employment have followed. Where women have organized, sometimes across party lines, to ensure women's interests are represented, change has followed.
The Beijing Platform for Action called for gender balance in governmental bodies, while CEDAW mandates the use of temporary special measures, including quotas, to increase the voice of women in decision-making at all levels. Of the 28 countries that have reached or exceeded the 30 percent critical mass mark in national parliaments, at least 23 have used some form of quota.
5. Put women on the front line of law enforcement
Employing women on the front line of justice service delivery can help to increase women's access to justice. Data show that there is a correlation between the presence of women police officers and reporting of sexual assault.
In post-conflict Liberia, the all-women Indian police brigade has increased reporting of sexual violence and has also boosted recruitment of women into the force. Despite these benefits, women's average representation in the police does not exceed 13 percent in any region of the world.
The gains from employing women in the police are not automatic: investment is essential. The experience from Latin America and elsewhere is that women's police stations and gender desks must be adequately resourced, and staff expertly trained, properly rewarded and recognized for their work. Furthermore, recruitment of women police officers and resourcing of gender desks must be part of a broader strategy to train and incentivize all police to adequately respond to women's needs.
6. Train judges and monitor decisions
Balanced, well-informed and unbiased judicial decision-making is an essential part of ensuring that women who go to court get justice. However, even where laws are in place to guarantee women's rights, they are not always properly or fairly applied by judges.
Organizations like the International Association of Women Judges and the Indian NGO Sakshi provide judges, both women and men, with specialized training and space to discuss the challenges they face, which can help to build understanding of and commitment to gender equality. Judges who have been trained also come up with simple but effective ways to make courts more accessible, such as waiving court fees, providing forms free of charge or prioritizing sensitive cases.
Systematic tracking of judicial decision-making is needed at the national level to provide accountability to women seeking justice and to enable civil society and governments to monitor the performance of the courts on women's rights.
7. Increase women's access to courts and truth commissions in conflict and post-conflict contexts.
Very significant advances in international law in the past two decades have, for the first time, made it possible to redress sexual violence crimes. However, prosecutions are rare. To increase the number of convictions, it is vital that international courts prioritize gender-based crimes in their prosecution strategies.
Courts and other justice forums such as truth commissions must be made more accessible to women. The only way to guarantee this is to ensure that women play a central part in defining the scope, remit and design of all post-conflict justice mechanisms.
Measures that make a difference include financial assistance, childcare and transport to help women overcome the practical obstacles to their participation; psychosocial counselling, health care and other long-term support; and provision of closed session hearings to enable women to testify about sexual violence.
In the Democratic Republic of the Congo, mobile courts are bringing justice to women, responding rapidly to investigate and prosecute cases of sexual violence. Although currently small-scale, these pioneering courts are helping to end impunity for these crimes.
8. Implement gender-responsive reparations programmes
Reparations are the most victim-focused justice mechanism and can be a critical vehicle for women's recovery post-conflict. However, while the international community has dedicated substantial funding to international courts and other transitional justice mechanisms, this has not been matched by an equal commitment to assist states to fulfil their obligations for reparative justice.
To benefit women, reparations programmes must take account of all forms of sexual and gender-based violence, and include individual, community and symbolic measures, as well as access to services and land restitution. Packages of benefits can be designed to promote victim empowerment and self-sustainability to address underlying gender inequality.
In Sierra Leone, women survivors of gender-based violence are benefitting from a Government reparations programme. Supported by United Nations partners, this programme provides skills training and micro-grants to women to set up their own businesses.
9. Invest in women's access to justice
Strengthening the rule of law has been a major priority for governments for several decades, but only a fraction of this funding is being spent on justice for women and girls.
Analysis of the major bilateral donors' funding for justice shows that of the $4.2 billion that was allocated to justice in 2009, $206 million (5 percent) was spent on projects in which gender equality was a primary aim. Over the decade 2000 to 2010, the World Bank has allocated $126 billion to public administration, law and justice, of which only $7.3 million was allocated to the gender equality components of rule of law and access to justice projects.
To ensure governments are meeting their international commitments to put in place a legal framework that guarantees women's rights and a functioning justice system, a significant scaling up of investments is needed.
10. Put gender equality at the heart of the Millennium Development Goals
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Empowering women is about more than human rights
UN News Centre, 27 June 2011
Empowering women and advancing their rights is not only the right thing to do but it can lead to progress on a range of other issues, the head of the United Nations agency tasked with promoting women's rights said today.
"Promoting gender equality and women's empowerment is not solely a plea for justice or for fulfilling human rights commitments. It is both of those things, but also so much more,” Michelle Bachelet said in her opening statement to the annual session of the executive board of the UN Entity for Gender Equality and the Empowerment of Women (UN Women).
She noted that in a recent report, the UN Food and Agriculture Organization (FAO) estimates that closing the gender productivity gap arising from unequal access of women to productive resources would reduce the number of undernourished people by 12 to 17 per cent.
That translates into 100 to 150 million fewer people living in hunger.
Countries, she added, are beginning to count the cost of domestic violence to health and in lost workplace productivity, which in the United States stands at $5.8 billion each year.
"UN Women's good fortune is that it comes into being at a time when countries and businesses are asking this question, and rethinking their investment strategies,” she stated.
"Our challenge now is to meet the rising demands and expectations.”
Ms Bachelet has identified six priorities for the new agency, including ending violence against women, ensuring their full participation in conflict resolution and enhancing their economic empowerment.
"Our overarching vision is that every country in the world, at whatever level of development, has access to the technical expertise and support needed to advance gender equality in line with their national priorities.”