Disappointment at Rio+20 for Women

The outcome of the Rio+20 summit failed women everywhere. Language regarding reproductive rights and gender equality was dropped from the draft agreement, representing a significant step backwards from earlier agreements.

Going into the summit, the draft document included specific language ensuring reproductive rights and gender equality. A handful of oppressive regimes opposed this language and the Holy See led the opposition in an influential campaign that insisted on equating women’s reproductive rights with abortion. In reality, reproductive rights are about a great deal more than abortion, but unfortunately, the Holy See was able to assert enough pressure to succeed in getting the language removed from the agreement, leaving behind only vague references to reproductive health.

Ironically, most states are already under obligation to ensure reproductive rights and gender equality. As of today, 187 states have ratified Convention on the Elimination on the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires member states to, among other things, take affirmative action to eliminate gender discrimination and to ensure that women have access to affordable, quality health services, including reproductive health. In fact, lack of access to reproductive health services and information is considered discriminatory against women under CEDAW. Unfortunately, due to weak enforcement mechanisms and a substantial number of reservations taken by states in ratifying the convention, performance of state obligations under CEDAW has been relatively poor. Including strong reproductive rights and gender equality commitments in the Rio+20 agreement would have been an excellent way to reinforce the importance of these issues, especially since it would have been from a sustainable development perspective.

Every day, evidence of the importance of reproductive rights and gender equality can be found in the news. For instance, Save the Children just came out with a  report on family planning finding that complications during pregnancy is the number one killer of teenage girls worldwide; babies born to mothers under the age of 18 are 60% more likely to die before their first birthday; and a “major barrier to family planning is that many vulnerable women and girls are unable to exercise their rights to make decisions over their own health care, including family planning.” Additionally, in Uganda, where approximately 16 women die during childbirth every day, women activists are currently taking a case to the Supreme Court in an effort to force the government to provide better maternal health care.

Rio+20 represents a lost opportunity. What could have been a significant step forward for women’s rights turned into yet another instance where women were left out of the picture.

How Women in Power Can Help Change Society

“Sisters in Law”, a documentary following State Prosecutor Vera Ngassa and Court President Beatrice Ntuba in the small Muslim village of Kumba in Cameroon, is a wonderful example of how women in government can help transform the lives of women.  These women used their positions to help eliminate injustice towards women and to fight against Cameroon’s patriarchal society, where traditional attitudes ignored violence against women and even silenced them.  The documentary follows Ngassa and Ntuba as they prosecute a man for beating his wife and successfully convict him (the first time a man has been successfully convicted for spousal abuse in Kumba in over 17 years), in addition to helping a young girl get justice after being raped by an adult neighbor.

This documentary is a shining example of how women in positions of power can truly help achieve social change and improve situations for women.  Women in the small village of Kumba began to feel more confident and secure under Ngassa and Ntuba’s lead, and began to stand up against their abusers and against the male-dominated structure of their society to enforce their rights.  Women are severely underrepresented in the political world, despite making up about half of the population in any given country.  Currently, women only make up 19.6 percent of the membership of parliaments around the world.  In the Committee on the Elimination of Discrimination Against Women’s General Recommendation No. 23, it is suggested that countries implement gender neutral quotas requiring that neither sex constitute less than 40% of a public body, quotas for women in public office, and rules giving preference to women nominees.  The Committee also noted that “research demonstrates that if women’s participation reaches 30 to 35 percent (generally termed a ‘critical mass’), there is a real impact on political style and the content of decisions, and political life is revitalized.”  Gender quotas do not have to apply only to the public sphere, as shown by Norway’s gender quota for “market-listed companies to fill 40 percent of the seats on their corporate supervisory boards with women.”

In order to boost political participation, and improve basic human rights and women’s rights, countries should consider implementing gender quotas for both legislative and judicial bodies.  If more women like Vera Ngassa and Beatrice Ntuba were put into positions of power, whether by being elected or being placed through a quota, it is almost certain that the situation for women around the world would improve greatly.

New York Review of Law and Social Change, “U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution”

The NYU Review of Law & Social Change publishes an article titled "U.S. Ratification of CEDAW: an Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution" by Janet Benshoof (GJC's Founder and President).

Subheadings in this article include "Women's Rights Advocated Shaped the Development of the Supreme Court's Scheme of Women's Rights", "The Tripartite Scheme Used by the Supreme Court to Adjudicate Women's Rights to Equality", and "The U.S. Ratification of CEDAW: an Opportunity for Change."

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Global Justice Center’s Suggestions and Comments Regarding the Integration of Gender Equality and International Law for the Draft Transitional Constitution of the Republic of South Sudan

The GJC publishes suggestions and comments regarding the integration of gender equality and international law for the draft transitional constitution of the Republic of South Sudan.

These suggestions are formatted in a list of the topic, constitutional article and the GJC's issues/comments with it. The topics include Gender Equality, International Law, Prevention of Underage Marriages, Right to Litigation, Public Health Care, Family, Defence of the Republic of South Sudan, Establishment and Composition of the Council of Ministers, and Appointment of Justices and Judges. There are 18 entries in the list.

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Chilean Health Minister Reply - Original

 Chilean Health Minister Dr. Jaime Menalich Muxi responds to a letter from the GJC requesting that he allow an 11-year-old rape victim to have a life-saving abortion. This letter states that though the pregnancy is risky, he cannot grant her an abortion because it is against the law. This is the original, untranslated copy of the letter the Chilean Health Minister sent in reply to the GJC.

Read GJC's original letter here.

Read a translated version of this letter here.

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Historic Opportunity for Women of South Sudan

GJC provides Critical Expertise to Ensure South Sudan’s New Constitution Embeds Internationally Guaranteed Equality Rights.

The Republic of South Sudan is in the process of drafting a new constitution and democracy advocates and women’s groups are hoping to create a new paradigm of democracy, justice, and equality in Africa that will be adopted when the region declares independence on July 9, 2011.

The Global Justice Center, due to its extensive experience in constitution analyes in Iraq, Kurdistan, Burma, and Northern Ireland, was asked by one of South Sudan’s leading women’s organizations for its expertise on implementing women’s rights in the Draft Transitional Constitution.  Because the GJC is dedicated to forging and enforcing international law grounded on gender equality, the recommendations that were made on the South Sudanese draft constitution naturally reflected these principals, ensuring primacy for International Humanitarian Law (IHL) and equality guarantees.  With the ratification of this new constitution, South Sudan has the historic opportunity to remodel their government on a foundation of parity and power that promotes equality and peace.

In particular, the GJC’s analysis carefully scrutinized every article in order to ensure compliance with international treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Covenant on Civil and Political Rights (ICCPR).

GJC believes that the structure and inherent permanence of constitutions to be a critical component in efforts to create justice and equality, by establishing a concrete basis upon which all law and policy will be developed going forward.  Amongst many crucial suggestions, the GJC recommended that:

1.  Equality for women must be explicitly defined to ensure that women have gender parity in positions of power.

2.  The government has an obligation to take permanent steps to ensure that all treaty guarantee laws are implemented.

3.  In accordance with the ICCPR and the African Protocol, which are both applicable to South Sudan as a successor state, there exist quotas for a starting point of 30% women in the legislative and executive branches as well as gender parity in the judiciary branch and new constitutional court.

4.  Adding an article modeled after the South African Constitution explicit on reproductive rights.

The Republic of South Sudan’s new constitution has the ability to address the suffering caused by Sudan’s civil war and mark a crucial turning point in women’s ability to access equality.

The GJC advocates for the enforcement of law over the creation of policy as the strongest avenue to effectively implement human rights.  As GJC President Janet Benshoof states, “The constitution is the most important legal instrument, for it is the single time for women to influence peace and justice as well as place equality over conflict and peace over security.”

CEDAW Hearing Encouraging, U.S. Ratification Long Overdue

Great press release by The National Organization For Women evaluating Thursday’s Senate Judiciary, Subcommittee on Human Rights and the Law hearing on the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The Global Justice Center especially commends NOW’s stance on the need for the ratification of CEDAW without any Reservations, Declarations and Understandings (RDUs).

November 19, 2010

NOW applauds Sen. Dick Durbin (D-Ill.) for chairing a first-ever Judiciary Committee hearing Thursday on ratification of the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Eight years have lagged since the last hearing for the human rights treaty signed by President Jimmy Carter in 1979.

“Women around the world have waited more than 30 years for the U.S. to ratify this treaty. In an age when women can be stoned to death for surviving rape, and women are 70 percent of the 1.3 billion people living in poverty worldwide, it is unconscionable for a vocal reactionary minority to keep our country sitting on the sidelines. This hearing can be a significant step forward with very much deserved pressure on the Senate,” said NOW Action Vice President Erin Matson, who attended the Nov. 18 hearing on Capitol Hill.

To date, 185 countries have ratified CEDAW, and even though the United States helped draft the treaty, it is the only industrialized country that has yet to ratify. The other six countries that have refused to ratify CEDAW are Iran, Sudan, Somalia, Nauru, Palau and Tonga.

CEDAW is the most comprehensive international agreement on the basic human rights of women and girls. U.S. ratification would lend weight to the treaty and the principle that women’s human rights are universal across all cultures, nations and religions, and worthy of being guaranteed through international standards.

Matson noted: “Until the U.S. ratifies CEDAW, it can neither credibly demand that other countries live up to their obligations under the treaty, nor claim that it is a leader in the global human rights community.”

The next step toward ratification is for Sen. John Kerry (D-Mass.) to hold a vote in the Senate Foreign Relations Committee. If the treaty is approved by the committee, it must then be brought to a full vote on the Senate floor. Women in the U.S. and around the world stand to benefit greatly under CEDAW ratification, so NOW is using its RATIFY WOMEN! national action campaign to call on the committee chair to: “Hurry, Kerry!”

“Women around the world want to know: Are Senators for women’s human rights, or are they against them? It’s well past time for a floor vote,” said Matson.

NOW’s call comes with an additional appeal — that CEDAW be ratified without the Reservations, Declarations and Understandings (RDUs) that prior administrations and conservative senators attached to the treaty. These RDUs, in essence, are loopholes that would undermine key provisions, and their presence creates a watered-down U.S. version of the treaty. The RDUs convey a lack of commitment to ending discrimination against women and specifically claim no responsibility for the U.S. to undertake efforts to expand maternity leave, improve access to health care services for women, or take more effective efforts to address sex-based pay discrimination, among other objectives designed to promote women’s equality.

“Ratifying CEDAW with debilitating RDUs attached would hurt the cause of women’s rights worldwide,” said Matson. “NOW urges ratification of a strong, clean CEDAW to display this nation’s commitment to improving human rights for women in all areas covered by this important treaty.”

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For Immediate Release
Contact: Mai Shiozaki w. 202-628-8669, ext. 116, c. 202-595-4473

On The Issues, “Twisted Treaty Shafts U.S. Women”

On The Issues publishes an article by Janet Benshoof, founder and President of the GJC, titled "Twisted Treaty Shafts U.S. Women".

This article shows how the U.S. is lagging behind several countries with women's equality. The CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) international treaty, already ratified by 185 countries, has yet to be ratified by the U.S. Furthermore, even if ratified eleven reservations have been placed on it, rendering it useless to the equality movement - and possibly even harmful.

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