CEDAW and the Human Rights Based Approach

                                            

CEDAW

The UN General Assembly take on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979, and it is sometimes referred to as an international bill of rights for women to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

It provides a complete definition of sex-based discrimination, described as any exclusion; CEDAW recognizes that traditional gender roles and stereotypes have to be eliminated if we are to be successful in ending all forms of discrimination against women and girls.

There are three foundational principles of the CEDAW Convention. These are non-discrimination, substantive equality, and state obligation.

The problems that are facing by Pakistani women are divorce, dowry and many others that we discuss below in detail:

Dowry:

An amount of property or money brought by a bride to her husband on their marriage.

Pakistan has passed five separate laws making dowry illegal. Dowry is illegal because it is shakedown. Alimony is a legal provision because states wish to provide motivations to the institution of marriage. In an ideal world dowry shouldn't be illegal.

 A dowry could be invented of any mixture of valuable things. Dowries often consisted of money, jewels, land/property, home furnishings, and more. This problem raise in Pakistan day by day.

Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be.

Dowry-related violence and deaths have been prevalent since Pakistan became an independent nation. The families that are lived below a poverty line, how can they afford dowry? Their daughters attempt suicide. The dowry system prevents poor people from marrying their daughters or keeping them at home. Furthermore, their years are ticking away. They commit suicide to escape the misfortune and sorrow. To fulfil the dowry demand, some lower-class family girls try to make money in immoral and illegal ways.

This is the worst thing in Pakistan.

This issue can be resolved if our government should take strict action.

Divorce Right:

Divorce marks the end of not only a relationship, but also of a family. Marriage is sacred in Pakistan, thanks to the country's chosen faith, Islam. To begin with, our faith tells us not to choose divorce. However, the rising divorce rate in Pakistan is a serious concern. The divorce rate outnumbered the number of love marriages.

According to the "Dissolution of Muslim Marriage law" passed in 1939, judicial Khula was allowed to be authorized without the husband's consent if the wife was agreed to forfeit her financial rights.

Despite the fact that this clause is has the marriage document, or Nikahnama, under current Pakistani law, it is almost never given to a bride-to-be at the time of marriage, leaving women with no choice but to pursue divorce in court, which is known as Khula.

The Khula method is not only expensive and time-consuming, but it also allows men to exploit women seeking divorce.

Honour Killing:

Honour killing is a form of murder in which an individual is killed for committing or witnessing immoral acts. Alleged marital infidelity, failure to agree to an arranged marriage, seeking a divorce, perceived teasing conduct, and being raped are examples of "immoral behaviour."

Honour killing is one of the main issues in Pakistan and women face it day by day. In Sindh, the practice of honour killing is known as “Karo Kari”, meaning ‘black female’ and ‘black male’. In Balochistan it is known Siahkal. The majority of the honour killings take place in rural areas; however, there have been some reported incidents of honour killings in urban cities of Pakistan such as Karachi and Lahore.

Women are seen as servants to their fathers, husbands, and brothers, who own and manage them. Women are not expected to convey any thoughts or desires that are contrary to their fathers, husbands, or brothers' wishes. A woman brings shame to the family if she becomes a victim of rape. If the women are the victim of rape, everyone blamed to the girl, not to the rapist. Why always girl face all things?

Pakistani government should change this system. Girls have right to marry her choice, this right given by Islam. No one can against this right. If the government punished those families who murder for their respect, then no one can attempt honour killing.

Exchange Marriages:

Exchange marriage, form of marriage involving an arranged and reciprocal exchange of partners between two groups. Watta satta is more than just a swap of women between two families or clans; it also creates a sense of reciprocal danger between marriages. In this arrangement, a husband who exploits his wife can expect his brother-in-law to retaliate against his sister. Watta satta is mentioned as a cause of both low domestic violence in some families, and equally for extreme levels of reciprocal domestic violence in others. The majority of these occur with the good intention of ensuring a decent married life for the women in the family. Brothers who are responsible for their sisters often agree with their parents. Normally, these are joint decisions made by both families.

Pakistan's constitution also ensures the security of fundamental rights, such as marriage and family creation, as previously stated. It safeguards heirs' inheritance rights (son, daughter, and wife) and ensures that the family receives a fair share of the inheritance in accordance with Islamic law.The women face these problems in Pakistan.

Child Marriages:

Child marriage is a prohibited and unethical activity in which boys and girls are married off before reaching the legal age of majority. Underage marriage is regarded as a criminal act as well as a breach of human rights around the world.

In addition, Pakistan's rate of forced child marriages is on the rise. Due to a variety of socio-cultural factors, a large proportion of young girls in the country are required to marry before the age of 18.

It's worth noting that Pakistan's high maternal and infant mortality rates are closely linked to early marriages. During pregnancy and childbirth, child marriage is one of the leading causes of death among girls aged 15 to 19.

In a result, it is past time for all of us to devise effective measures to shield girls and young women from early marriages. To end child marriage, long-term policies on women's empowerment, awareness campaigns, and effective law enforcement and implementation are needed.

In Pakistan, 21% of girls were married before reaching the age of consent, which is 18 years, and as time has passed, this percentage has risen.

The recommendations of this issue are:

1. Empower girls with information, skills and support networks.
2. Provide economic support and motivations to girls and their families.
3. Educate and gathering parents and community members.
4. Enhance girls' access to a high-quality education.
5. Encourage supportive laws and policies.

Acid Attack:

The acid melted clothing, disfigured bones, and degraded people as it was thrown at their faces and bodies. Acid attacks left survivors with physical and psychological scars that lasted a lifetime. He human body is composed of around 60 per cent water, meaning an acid attack victim would at first feel a hot sensation on their face before suffering unbearable pain.

The most common reasons in the attacks on women and girls are the refusal of marriage, the denial of sex, and the sexual rejection of men and boys.

 

In Pakistan, acid attacks have decreased drastically, over the years because of increased awareness and fear of punishment.

“Once passed from Senate, the bill would go a long way to serve as an exemplary model for all the unacceptable forms of gender based violence in Pakistan”