Gender, health and human rights

Hilary Homans15th March 2011

www.abdn.ac.uk/sustainable-international-development

Vision

The Centre’s vision is to make a significant contribution to the sustainable achievement of the Millennium Development Goals (MDGs) and other international development targets.

Overview

• Definitions of sex and gender• Gender differences in health• Definitions of human rights• Key issues for Gender, Health and Human

Rights• Gender and health human rights violations• Examples of progress good practice• Way forward

Discussion

• What is the difference between sex and gender?

Understanding Gender

Gender framework:

• Biological• Social Construction• Needs/Rights

Male Female

SEX refers to an individual’s identity from the physiological or biological characteristics of male

and female

Sex

Gender has to do with:

• how we think• how we feel we should behaviour• what we believe we can and cannot do• Social construction- socially defined

concepts of masculinity and femininityo Men as hunters, risk takerso Women as gathers, care givers

Gender

Gender Equality means equal treatment of women and men in laws and policies, and in access to resources and services within families, communities and society at large.

Gender equality

Gender Equity is about fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific programmes and projects to end existing inequalities.Equity should be built on a real-life status and experience, an understanding of gender-related expectations, needs, and rights and may need to challenge adverse norms.

Gender equity

When women and men have an unequal status within a community and unequal access to and control over resources, women need preferential treatment and affirmative action before their starting point could be considered as equal with men.

Empowerment

Gender issues in health

• Working groups x 4• Flash card question – 10 minutes to

discuss based on evidence from your country

• Feedback

Definition of human rights

What are human rights?

• Human rights are universal - the birth right of all human beings.

• Human rights focus on the inherent dignity and equal worth of all human beings.

• All human rights are equal, indivisible and interdependent.

Universal Declaration of Human Rights, 1948http://www.un.org/en/documents/udhr/index.shtml

Human rights law

• A set of performance standards for duty-bearers at all levels of society, but especially organs of the state.

• It serves as a basis for accountability.• It grants justiciable legal guarantees to every

individual as a rights-holder.• It is codified in international, regional and

national legal systems.

International human rights law

• Serves as: • A beacon - pulling states towards accepting

human rights.• A safety net - to supplement the national legal

system.• A basis - to ‘mobilise shame’ of the international

community.• The application of international human rights

frameworks means that governments are held accountable for their actions.

Human rights obligations of StateFour categories of obligations:• Respecting a right means that a state must not

violate a particular right.• Protecting a right means that a state has to prevent

violations of that right by non-state actors.• Fulfilling a right means that a state has to take all

appropriate measures, like allotting budgetary resources, to the realisation of that right.

• Promoting a right means that a state must educate the public and raise awareness about that right.

What is a human rights-based approach?

• It is one that focuses on empowering people

(especially the most vulnerable & marginalised) with

the knowledge and resources to understand and

assert their rights.

• Simultaneously, it focuses on capacity building of

duty-holders (government) to be able to protect and

promote human rights.

Human rights include gender

• The universal system for the protection of human rights, in Articles 1 and 2 of the Universal Declaration, proclaims that “all human beings are born free and equal in dignity and rights" and thus anyone may invoke all the rights and freedoms established in the Declaration "without distinction," including gender.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979

“discrimination against women” :• any distinction, exclusion or restriction made on the

basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, civil or any other field. http://www.un.org/womenwatch/daw/cedaw/cedaw.htm

CEDAW (2)

This definition covers any difference in treatment based on gender that: • intentionally or unintentionally disadvantages

women; • prevents recognition by society as a whole of the

rights of women in the public and private spheres; or

• prevents women from exercising their rights

CEDAW (3)

In Article 5(a), the CEDAW establishes the obligation of the States to “modify the social and cultural patterns 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 superiority of either of the sexes or on stereotyped roles for men and women.”

CEDAW (4)• Right to equality and non-discrimination based on

sex (Articles 2 & 3).• States must modify and abolish laws, customs and

practices that discriminate against women (Article 2(f)).

• Protection of women against trafficking and sexual exploitation (Article 6).

• Right to appropriate health care services including during pregnancy and postnatal period (Article 12).

• Non-discrimination in matters of marriage (Article 16).

Convention on the Rights of the Child (CRC) 1989/90

Children have the right to health services:• full range of accessible and affordable

services• privacy• confidentiality• be treated with dignity and respect• be treated by people who are trained and

knowledgeable• continuity of care• non discrimination

http://www2.ohchr.org/english/law/crc.htm

Convention on the Rights of the Child (CRC)

Children have the right to participation, information, self-expression:

• Information - to seek, receive impart information (13)• Express views on services received and to complain

about unsatisfactory services (12, 13)• Make free informed choices in matters relating to

sexual experience, pleasure and sexual orientation • Freedom of association • Participation and involvement in decisions that affect

them

Convention on the Rights of the Child (CRC)

Children have the right to special protection:

• from deprivation of parental care (9, 10, 11) • from abuse and violence, or neglect (19)• from exploitation (32, 34, 35, 36)• when in conflict with the law (37, 40)

Domestication of a treaty

• Signature (state not bound to treaty provisions).

• Ratification / Accession (state becomes bound).

• Legislative conversion (‘enabling legislation’).• Implementation in practice.

Questions

• Has your country ratified CEDAW?• Has your country ratified CRC?• Do you know of any countries that

have not?

Countries and dates ratified CEDAW and CRC

Country Date ratified CEDAW Date ratified CRC Belgium 10 July 1985 16 December 1991 China 4 November 1980 2 March 1992 Ghana 2 January 1986 5 February 1990 India 9 July 1993 11 December 1992 Japan 25 July 1993 22 April 1994 Malawi 12 March 1987 2 January 1991 Nepal 22 April 1991 14 September 1990 Nigeria 13 June 1985 19 April 1991 UK 7 April 1986 16 December 1991 USA Venezuela 2 May 1983 13 September 1990

Mechanisms for monitoring

• Fulfillment of commitments to treaties is monitored by independent expert committees called treaty bodies.

• Also Shadow reports produced by civil society organisations.

The right to health

The Universal Declaration of Human Rights :• Article 25 - Everyone has the right to a

standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment , sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

The right to health

Health is considered a fundamental human right in the WHO Constitution:

• The right to health applies to all human beings regardless of their race, colour, sex, language, religion, political or other opinion, their social origin, property, birth or other status.

Reproductive rights

Rights of couples and individuals to:• Decide freely and responsibly the

number, spacing and timing of their children and have the information, education and means to do so

• Attain the highest standard of sexual and reproductive health

• Make decisions about reproduction free from discrimination, coercion and violence (ICPD, 1994)

Photoshare,K4Health

Protocol on the rights of women in Africa

• Prohibition of discrimination against women (Article 2).

• Right to dignity (Article 3).• Elimination of harmful practices (Article 5).• Equal rights in marriage (Article 6).• Health and reproductive rights (Article 14).• Right to inheritance (Article 21).

Protocol on the rights of women in Africa

Health and reproductive rights (Article 14).1.States parties shall ensure that the right to health of women,

including sexual and reproductive health is respected and promoted. This includes:• the right to control their fertility;• the right to decide whether to have children; • the number of children and the spacing of the children;• the right to choose any method of contraception;• the right to self-protection and to be protected against

sexually transmitted infections, including HIV/AIDS.

Key issues in implementing human rights legislation on

gender and health

• Do women and men want the same number of children?

Ideal no. of children amongst women and

men in Kenya

• Are women’s voices heard in decision making about family size and other household decisions?

Household decisions made by husbands alone

Human rights violations

Human rights violations due to societal conditions such as

• violence against women• lack of education• harmful cultural practices • restrictions on property and

inheritance exacerbate gender inequalities.

Kyrgyz girl computing class, Homans

Gender-based violence

• Gender-based violence causes more deaths and disabilities against women than cancer, malaria, traffic accidents and war

• 60 million girls a year are sexually assaulted at or en route to school

• ¼ women have been victims of domestic violence

• 1/5 women have been victims of rape

Violence against women

BUT

• 29% governments lack laws or policies to prevent violence against women

MDGs

MDGs and gender• MDG 1 Poverty Gender discrimination, or the

denial of women’s basic human rights, is a major cause of poverty.

• MDG 2 Universal primary education – two thirds children denied schooling are girls (41 million)

• MDG 3 Gender equality and women’s empowerment - 64% world’s illiterate are women. Only 19% women in Parliament are women globally (? country with highest representation of women, your country?)

Rwanda Belgium Nepal Uganda UK China Malawi Venezuela USA Japan India Ghana Nigeria0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%56.3%

39.3%

33.2%31.3%

22.0% 21.3% 20.8%

17.0% 16.8%

11.3% 10.8%8.3%

7.0%

Percentage women in Parliament

Percentage women in Parliament

MDGs and gender (2)

• MDG 4 Child health – is likely to be better in countries characterized by

more gender equity, where women have more reproductive autonomy, education, and political influence.

– Equalising women's status would decrease child malnutrition by 13%.

MDGs and gender (3)

• MDG 5 Maternal health – most “off track” MDG, reflects status of women in many countries

• MDG 6 HIV & Malaria – pregnant women more vulnerable to malaria– where HIV is transmitted sexually women are

more vulnerable– Injecting drug use young men more

vulnerable..but overlap of sex and drugs

Examples of good practice

Elimination of female genital cutting through community based participatory communication - Senegal

Examples of good practice

• Botswana: Abolition of Marital Power Act 34 of 2004 provides for equal power of spouses who are married in community of property.

• Lesotho: Legal Capacity of Married Persons Act of 2006 provides for equality of spouses in respect to the disposal of assets.

• Eritrea: Female Circumcision Abolition Proclamation 158 of 2007.

• Uganda: Domestic Relations Bill of 2003 prohibits female genital mutilation and criminalises widow inheritance.

• South Africa: Prevention of Family Violence Act 133 of 1993 (section 5):

• “Notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape of his wife”.

• Kenya: Children’s Act of 2001 guarantees free primary school education, criminalises forced marriages and female genital cutting.

Communication for Development

Girl Child Rights

• Grounded in the South Asian context• Multi-media products impart life skills such as

decision making, problem solving, communication and negotiation, critical thinking, assertiveness, and coping with feelings and relationships

• Partnering with NGOs, Meena Clubs are in villages across South Asia where films are screened and peer-facilitated discussions held.

UNICEF

States:• RATIFY all UN, AU and sub-regional treaties• ACCEPT the OPTIONAL COMPLAINTS mechanism to

allow for individual’s complaints• SUBMIT their state reports regularly• DOMESTICATE the treaty norm by adopting LAWS

and programmes in line with treaty provisions• ENSURE that the laws are made accessible through

information campaigns and legal aid

Recommendations

Challenges

• Make national legislation coherent internally and with international norms and standards ratified by the states.

• Establish accountability mechanisms and rule of law for the national judicial system and for the State as a whole ( e.g. Constitution & Equality).

• Mainstream gender throughout all programmes and budgets

Gender rights Principles

Equality Empowermentof Women

Equity

Further reading

• Seehttp

://www.abdn.ac.uk/sustainable-international-development/resources/Resources/

http://www.peelearlyyears.com/pdf/Child%20Poverty%20and%20Cash%20Transfers.pdf