Gender Equality and Human Rights

1. Gender Equality and Human Rights Frankie McCarthy frankie.mccarthy@glasgow.ac.uk

2. Outline of class 9.00-9.20: Introduction 9.20-9.50: Why do women need rights? 9.50-10.20: The UN framework for women’s rights 10.20-10.40: Break 10.40-11.20: Discussion questions on CEDAW 11.20-11.40: Enforcing CEDAW & post-CEDAW developments 11.40-12.00: Break 12.00-12.10: Sex stereotyping 12.10-12.50: Case studies on sex stereotyping 12.50-13.00: Conclusion and goodbye! Source

4. Are men and women now equal everywhere in the world?

5. Are men and women now equal in your country?

6. Discrimination Against Women • 60% of chronically hungry people in the world are women and girls • Women hold only 21.4% of the world’s parliamentary seats • In sub-Saharan Africa and South Asia, 80% of all jobs for women are in the informal working sector • Two thirds of the world’s illiterate population are women • 3 out of 10 women worldwide report having experienced physical or sexual violence by an intimate partner • Approximately 800 women die every day from preventable causes during pregnancy and childbirth • UN Development Programme – Women’s Empowerment • World Economic Forum Global Gender Gap Report 2013 Source

7. Women in the UK • Employment • 58.3% of women in the workforce - 72.5% of men • Gender wage gap across the economy is 40% • Median average hourly pay for women 12.2% less than for men. • Men earn £40 in bonuses per week on average, women earn £16 • PT workers’ median hourly wage 69% of FT workers’ median hourly wage • Violence • 3 million women suffer violence each year • 80,000 rapes annually • Representation • 26% of MPs are women Source

8. Bechdel Test Alison Bechdel, “The Rule” in Dykes to Watch Out For(1985)

9. Are women human? “A man once asked me ... how I managed in my books to write such natural conversation between men when they were by themselves. Was I, by any chance, a member of a large, mixed family with a lot of male friends? I replied that, on the contrary, I was an only child and had practically never seen or spoken to any men of my own age till I was about twenty-five. "Well," said the man, "I shouldn't have expected a woman (meaning me) to have been able to make it so convincing." I replied that I had coped with this difficult problem by making my men talk, as far as possible, like ordinary human beings. This aspect of the matter seemed to surprise the other speaker; he said no more, but took it away to chew it over. One of these days it may quite likely occur to him that women, as well as men, when left to themselves, talk very much like human beings also.” ― Dorothy L. Sayers, Are Women Human? Astute and Witty Essays on the Role of Women in Society

10. So why do we need women’s rights? • Historical background: men asserting dignity against the state • The problem of the public/private divide • Eliminating discrimination is not the only problem • Mainstreaming gender equality Source

11. Protecting women’s rights • 1945: UN Charter, art 1(3) • 1946: UN Commission on the Status of Women (UNCSW) established • 1967: UN Declaration on the Elimination of Discrimination Against Women • 1976: UN Decade for Women

12. 1979: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

13. CEDAW: What does it say? Definition of discrimination: ‘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, social, cultural, civil or any other field.’

14. CEDAW: What does it say? • Article 2 is the core of the Convention. • States condemn discrimination and agree to eliminate it ‘by all appropriate means and without delay.’ • Principle of equality to be embedded in constitution • Appropriate legislative measures to be taken • Legal protection of women to be established • Abolition of discriminatory law, regulations, customs and practices

15. CEDAW: What does it say? • Art 6: steps to end trafficking and prostitution • Art 7: political and public life – right to vote, right to be elected to office • Art 8: right to represent government internationally • Art 9: non-dependent nationality rights • Art 10: right to education and vocational training. • Art 11 equal rights in the workplace. Equal pay and conditions. • Art 12 equality in healthcare, including family planning. • Art 13 equality in access to family benefits, social security payments. • Art 14 rights of rural women. • Art 15 equality before the law re capacity, property, residence & domicile. • Art 16 equality in marriage and family relations. Source

16. Break

17. Discussion questions • Is anything missing from CEDAW? • Some majority Muslim states have ratified the Convention subject to reservations on articles said to conflict with Sharia (eg art 9, art 15.) What arguments can be made in favour of allowing such reservations? What arguments can be made against allowing them? • Are women the only disadvantaged group relevant in a discussion of gender equality?

18. Enforcing CEDAW • Committee EDAW • 23 experts elected for 4 year terms • Scrutinise reports by States Parties • Since 2000, hear complaints from individuals and conduct enquiries into systematic breaches • Can make General Recommendations and General Comments Source

19. Post-CEDAW developments • 1993: Vienna Declaration • 1995: Beijing Declaration and Platform for Action • 2000: Security Council Resolution 1325 on Women, Peace & Security • 2010: Creation of UN Women • 2011: Human Rights Council Resolution on Sexual Orientation and Gender Identity

20. Break

21. Sex stereotyping source CEDAW article 5: eliminate practices based on the idea of inferiority of women/superiority of men, or on stereotyped roles for men and women.

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24. Case studies • Schmidt v Austicks Bookshops [1978] ICR 75 • Smith v Safeway PLC [1996] ICR 868 • What were the facts? • Who made a complaint of sex discrimination? • What was the basis of the complaint? • Did the court uphold the complaint? • What was the reasoning behind the court’s decision? • Is this an example of sex stereotyping? Explain why or why not.

25. Ciao!