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Thesis PaperOn
Commitment of Bangladesh to CEDAW
Submitted byWWW.ASSIGNMENTPOINT.
COM
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UNESCO declared a Universal Declaration of Human Rights from all
human Being for the whole universe at 10th December 1948. According to
Article Of this convention in human being nation, color, religion, women,
men, Language, political or any Philosophy, origin of the society, property,
birth and various types of designation or reasonable fact where such
distinction between them. But in this convention there have clearly
prescribed that in
Case of posses of rights there can’t be created any provision of prohibited
rule and don’t create any distinguish form. In general sense there are no such
provision regarding discrimination and every body equally posses all of the
Rights prescribed in the convention.
Where such convention is granted then there shown one problem, those are
Where such human being such as women, Adibasi, Ethnic Community held
As backwards, for that reason they are grant some international convention
regarding this, the most valuable convention is Convention on the
Elimination of all Forms of Discrimination against Women (CEDAW).
Where such discrimination against women will clearly specified.1
Generally discrimination means treating a person or group of persons
differently than others. It may be against or in favor. Simply discrimination
against women means different attitude against woman than man. Article 1
1Net-11/user-08/handout/ equity & equality Date:12 September 2008
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of the “Convention on the Elimination of all forms of discrimination against
women” provides that ---
Discrimination against women shall mean any distinction, exclusion or
restriction made on the basis of the sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on the basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. 2
In this convention Article-2 gave some step taken by State to ensure Equity
those are as follows:
To embody the principle of the equality of men and women in their
national constitutions or other appropriate legislation if not
incorporated therein and to ensure, through law and other appropriate
means, the practical realization of this principle
To adopt appropriate legislative and other measures, including
sanctions where appropriate, prohibiting all discrimination against
women.
To establish legal protection of the rights of the women on an equal
basis with men and to ensure through competent national tribunals and
other public institutions the effective protection of women against
any act or discrimination;
2 Tuhin Mallick, Manual on: Human Rights Law, 1998, P. 79
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To refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions
shall act in conformity with this obligation;
To take all appropriate measures to eliminate discrimination against
women by any person, organization and enterprise;
To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which
constitute discrimination against women
To repeal all national penal provisions which constitute discrimination
against women. 3
In constitution of Bangladesh Article-28(1) held that- The state shall not
discriminate against any citizen on grounds only of religion, race, caste, sex
and place of birth.
In constitution of Bangladesh Article-28(1) held that- The state shall not
discriminate against any citizen on grounds only of religion, race, caste, sex
and place of birth Such International convention and Constitutions of
Bangladesh gave clear clarification regarding discrimination and equal
rights. Every where such describe regarding equal rights or equality but the
main cause is established equity. Where such equity or equal rights will be
given to backwards communities’ people, they have to give well concern
3 Tuhin Mallick ,Manual on: Human Rights Law, 1998, P. 80
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about this convention, they did not aware of it. So this backward community
ensuring to give such advantage will be held as equity.
In Article-4 of the convention held that- Adoption by State Parties of the
temporary special measures aimed at accelerating de facto equality between
men and women shall not be considered discrimination as defined in the
Present Convention, but shall is no way entail as a consequence the
maintenance of unequal or separate standards; these measures shall be
discontinued when the objectives of the equality of opportunity and
treatment have been achieved.
In the Constitution of Bangladesh Article-28(4) held that- The State from
making special provision in favor of women or children or for the
advancement of any backward section of the citizens. For example: Four
months maternity leave provision if not regulated for the women no such
women are not efficient to join any sphere of activity. So such maternity
leave is one of the rights of the women. The government of Bangladesh
makes such rules and regulation regarding education of women. The policy
of such regulation is that giving free education for Higher Secondary level,
and gave such scholarship from secondary level. But such provision are
made from the limited period, when such women will willingly join in
education thus provision will vacate from this period.4
So, where such equity will be established such procedure will be followed
that is called equality. In general sense- Where such equality will ensure the
equity does not develop. Where such social system will develop by equity
and try to establish a unity that is called equity.
4 The constitution of the Peoples Republic of Bangladesh, P. 8-24
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Incase of equality we will find three types of model
Formal Equality
Protection Equality
Corrective Equality
Formal Equality: Sexual discrimination will not be considerable in whole to ensuring equal
rights or caring this rule is called formal equality for example. Demand
equal right why afraid go along outside, why demand in the reserve sit of the
bus.
Protection Equality:This theory is trusted by / followed upon, they think the women are so much
lonely or helpless. The saw the women from this eye that causes very had
impact to the women the women goes so much backwards. This theory
followed upon by those community they think another point that is the3y
divide such sex discrimination that will make a women more helpless.
And thus theory wills backwards such women position, for example women
will go out side but they can’t go every where, and not spend for deep night.
Corrective equality: This theory is trusted by sexual difference of man and women and for sexual
difference women can suffer any physically hampered. This kind of
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corrective model we also say this substantive model. As for example for
women safety state can taken policy.5
This three kinds of model say that declaration of CEDAW for men and
women protection. Society can stop the difference of man and women,
colour, nationality; religion etc for established the equality.
Power
Where such gender will be describe those case Power means when any
individual goal will be fulfilled and thus aim posses in the own hand and
another person also collect or gain such goal make animated them for their
efficiency which we wanted to gain. Another sense which we gain how to
posses it and make such art of own method. Power may be individual and
grouping. Grouping power will be held as that power, any individual when
accumulated the source of his power and make the aimed which he wanted
to change and that power will be helpful for the group of people not for thus
person.
5 net-11/user-08/tr/handout/equity & equality 12/9/2008
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Classification of Power:
In the eye of gender needs power may be four types:
Power over
Power to
Power with
Power within
Power over: When anybody losses his power and another person will gain such power
will be held as power over. In this case power may be transferred one hand
to another hand. As like as one will gained another one will lose. For
example- in any place any women are elected chairman losses a male
chairman. This is power over to the woman chairman.
Power to: In the point out the individual power how to preclude upon. This power will
used such purpose, such like to maintain the situation and management and
make efficient to take such benefit which bring interest to him.
For example- anybody will train himself in any sector and gained sufficient
experience. This example will gave clear concept regarding power to.
Power With:
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This is a power of a unity. Where such group of people will work for solve
any problem thus period those people will gained such power will be held as
power with.
Power within:This power will be held the internal strength of the people. This is dependent
upon self acknowledgement and respectable matters. This power is held to
personal internal involvement and gained by naturally but such power may
be well furnished by own assiduity. For example- any one is a good speaker
and that person will dominate someone to give his speech and joining such
person in favor of him.6
Chapter-II:
The International Bill of Human Rights and Bangladesh
Universal Declaration of Human rights6 net-11/user-08/tr/handout/power 12/9/ 2008
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Adopted and proclaimed by General Assembly resolution 217(111)
of
10 December 1948
UN Chartered will pass a Universal Declaration of Human Rights In 10th
December in 1948. In this declaration 30 articles are invoked. In Article-1
prescribe the rights and dignity and equity of man. In Article-2 describe
about discrimination and Article 3 to 27 describe about such other rights. In
Article 28-30 held State, Society, and Liability of individuals. Proclaims the
Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual
and every organ of society, keeping this Declaration constantly in mind,
shall strive by teaching and education to promote respect for this rights and
freedoms and by progressive measure, national and international, to secure
their universal and effective recognition and observance, both among the
peoples of Member States themselves and among the peoples of territories
under their jurisdiction.
Short sketch of the back ground of the International Bill of Rights may not
be out of place. Though the concept of human rights is very old going back
to Greek philosophers, the human rights concept as understood today could
be traced to the famous Atlantic Charter declaration during the course of
second World War by a joint statement of President Roosevelt and Prime
Minister Churchill, which contained among others the right of all peoples to
choose the form of government under which they will live. After the final
destruction of Nazi Tyranny they hoped to see established a peace which
will afford all nations the means of dwelling in safety within their own
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boundaries and which will afford assurance that all the men in all lands live
out their lives in freedom from fear and wants.
The next and all important international instrument came in 1945, just after
the defeat of Axis Powers and the conclusion of war, when the State
representatives of the Victorious Powers with some of the new countries met
in San Francisco, USA and adopted the Charter of the United Nations, and
thus brought into existence the international body of almost all the
independent states of the world. This Charter following the Atlantic Charter
declaration proclaimed the sovereign equality of all nations and solving all
disputes among the States by peaceful means, and in addition provided two
articles which should be quoted in material particulars, they are Articles
55(c) and 56:
Article 55:
With a view to the creation of conditions of stability and well being which
are necessary for peaceful and friendly relations among nations based on
respect for the principles of equal rights and self-determination of peoples,
the United Nations shall promote;
(c) Universal respect for and observance of human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion.
Article 56:
All members pledge themselves to take joint and separate action in co-
operation with the Organization for the achievement of the purposes set forth
in Article 55.
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Pausing here, it may be stated that by virtue of these two articles, all member
states, apart from obligations arising otherwise, undertake an obligation of
international accountability by pledging themselves to take joint and
separate actions in protecting and promoting among others the purposes
contained in International Bill of Human Rights. No member state of the
United Nations can deny this international responsibility to which it is
pledge bound.
There was a proposal to identify and articulate various aspects of human
rights, political, economic and social and cultural, but since all the then big
powers, especially Soviet Union was in disagreement on some of them, it
was decided that a committee, which was headed by Eleanor Roosevelt will
thoroughly go into the matter and give a separate body of principle to be
adopted by the United Nation, attracting the operation of articles 55 (c) and
56. Thus came into existence the Universal Declaration of Human Rights
adopted on December 10, 1948.
Word for consideration, not only for our third world country but for the
United Nations and the International community may not be out of place,
rather on the sea change in the Soviet Union and other socialist countries,
and actions by States like ethnic cleansing in Bosnia, sanguinary civil wars
in Afghanistan, Somalia, Angola, Genocide in Rwanda, the overthrow of
elected regimes by military in Haiti and Nigeria call for world attention. I
will only refer to one though there are other question relating to human
rights violation in them. My proposition is that when a country which is a
member of United Nations having a constitutional government in substantial
accord with Article 21 of the Universal Declaration of Human Rights, is
over thrown by an authoritarian force like a military coup, even though
peaceful, such violation should be regarded not merely as the internal but
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also international violation of basic rules of International Bill of Human
Rights, calling on the United Nations to take all appropriate measures to
restore the legitimate constitutional government and punish the usurper of
legitimate power. The familiar English proverb -- a stitch in time saves nine
-- is most apt for its application as a preventive strategy in such violation of
international rules. A timely preventive action by International Body will
save the world from the threat to national, regional and international peace.
In conclusion it may be said that, human rights are fundamental freedoms
and all countries should enact them into their national constitutions and
laws, so that human rights become the legal rights of all peoples all over the
world.
Optional Protocol is an adjunct instrument to the Covenant, which entered
into force in 1976 at the same time as the Covenant. The States acceding to
the Optional Protocol empower Human Rights Committee, established under
the Covenant, to receive communications from individuals who claim to be
victims of a violation of any of the rights set out in the Covenant. In
practice, the Committee also accepts communications from that individual's
legal representatives or from close family members, if the individual is not
in a position to submit a communication personally. The Committee can
consider a communication from the individual only after all available
domestic remedies have been exhausted. That is after the matter has been
placed before the national courts or competent administrative authorities.
Also, the State complained against must be a party to both the covenant on
Civil and Political Rights and the Optional Protocol. After a communication
has been declared admissible, the Committee in closed session examines the
communications and discusses the merit of the case. When the Committee
has finished considering the individuals complaint and the State party's it
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can make it's views known on whether or not rights in the Covenant has
been respected.
In the Constitution of Bangladesh describing Fundamental Rights
In 16th December 1972 the resolution of General Assembly the
Constitution is invoked.
The third portion of the Constitution Article 26 to 44 total 19
articles will be placed as named Fundamental Rights for the pupil
of Bangladesh.
Any law passed by the Government is inconsistence with the
Fundamental Rights will be held as void.
The short discussion of the Fundamental Rights of the Constitution of Bangladesh as follows:
All citizens are equal before law and are entitled to equal protection of
law. 7
The state shall not discriminate against any citizen on grounds only of
religion, race, caste, sex or place of birth. 8
There shall be equality of opportunity for all citizens in respect of
employment or office in the service of the Republic. 9
7 article 27 The constitution of the Peoples Republic of Bangladesh 8 article 28 The constitution of the Peoples Republic of Bangladesh9 article 29 The constitution of the Peoples Republic of Bangladesh
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Without the prior approval of the President, no citizen shall accept any
title, honor, award or decoration from any foreign state. 10
No action detrimental to the life, liberty, body, reputation, of any
person shall be taken except in accordance with law.11
No person shall be deprived of life or personal liberty saves in
accordance with law.12
No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds of such arrest, nor shall
he be denied the right to consult and be defended by a legal
practitioner of his choice.13
All forms of forced labor are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law.14
No person shall be subjected to torture or to cruel, inhuman or
degrading punishment or treatment.15
Every citizen shall have the right to move freely throughout
Bangladesh, to reside and settle in any place therein and to leave and
reenter Bangladesh.16
Every citizen shall have the right to assemble and to participate in
public meetings and processions peacefully and without arms.17
Every citizen shall have the to from associations or unions.18
Every citizen shall have right to freedom of speech, thought and
conscience is guaranteed.19 10 article 30 The constitution of the Peoples Republic of Bangladesh11 article 31The constitution of the Peoples Republic of Bangladesh12 article 32 The constitution of the Peoples Republic of Bangladesh13 article 33 The constitution of the Peoples Republic of Bangladesh14 article 34 The constitution of the Peoples Republic of Bangladesh 15article 35 The constitution of the Peoples Republic of Bangladesh16 article 36 The constitution of the Peoples Republic of Bangladesh17 article 37 The constitution of the Peoples Republic of Bangladesh18 article 38 The constitution of the Peoples Republic of Bangladesh19 article 39The constitution of the Peoples Republic of Bangladesh
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Every person shall have the right to enter upon any lawful profession,
occupation, and to conduct any lawful trade or business.20
Every citizen has the right to profess, practice or propagate any
religion.21
Every person shall have the right to acquire, hold, transfer or
otherwise dispose of property.22
Every person shall have the right to be secured in his home against
entry and to the privacy of his correspondence and other means of
communication.23
To enforce all above rights everyone has the right to writ petition in
the High Court Division.24
A woman’s right in the Constitution of Bangladesh:In the Constitution of Bangladesh gave equal rights to male and female.
There is no such type of discrimination between man and woman. But there
have such special rules to passed special law for the woman of Bangladesh.
In the Constitution of Bangladesh describing women’s right as follows:
The state shall encourage local government institutions composed of
representative of the areas concerned and in such institutions special
representations shall be given, as far as possible, to peasants, workers
and women.25
Steps shall be taken to ensure participation of women in all spheres of
national life.26
20article 40The constitution of the Peoples Republic of Bangladesh 21 article 41The constitution of the Peoples Republic of Bangladesh22 article 42The constitution of the Peoples Republic of Bangladesh23 article 43The constitution of the Peoples Republic of Bangladesh24 article 44The constitution of the Peoples Republic of Bangladesh
25 article 9The constitution of the Peoples Republic of Bangladesh26 article 9The constitution of the Peoples Republic of Bangladesh
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The state shall endeavor to ensure equality of opportunity to all
citizens.27
All citizens are equal before law and are entitled to equal protection of
law. 28
The state shall not discriminate against any citizen on grounds only of
religion, race, caste, sex or place of birth.29
Women shall have equal right with men in all spheres of the state and
of public life.30
No citizen shall, on grounds only of religion, race, caste, sex or birth
place be subjected to any disability, liability, restriction or condition
With regard to access to any place of public entertainment or resort, or
admission to any educational institution.31
Nothing in this article shall prevent the State from making special
provision in favor of women or children of for the advancement of
any backward section of citizens.32
There shall be equality of opportunity for all citizens in respect
employment or office the service of the Republic.33
No citizen shall, on grounds only of religion, race, caste, sex or place
of birth, be ineligible for, or discriminated against in respect of, any
employment or office in the service of the Republic.34
No person shall be deprived of life or personal liberty saves in
accordance with law.35
27 article19The constitution of the Peoples Republic of Bangladesh28 article 27The constitution of the Peoples Republic of Bangladesh29 article 28(1)The constitution of the Peoples Republic of Bangladesh30 article 28(2)The constitution of the Peoples Republic of Bangladesh31 article 28(3)The constitution of the Peoples Republic of Bangladesh32article 28(4)The constitution of the Peoples Republic of Bangladesh 33 article 29(1)The constitution of the Peoples Republic of Bangladesh34 article 29(2)The constitution of the Peoples Republic of Bangladesh35 article 32The constitution of the Peoples Republic of Bangladesh
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Subject to any restrictions imposed by law, every citizen possessing
such qualifications, if any, as may be prescribed by law in relation to
his profession, occupation, trade or business shall have the right to
enter upon any lawful profession or occupation, and to conduct any
lawful trade or business.36
Until the dissolution of Parliament occurring next after the expiration
of the period of ten years beginning from the date of the first meeting
of the Parliament next after the Parliament in existence at the time of
the commencement of the Constitution (Fourteenth Amendment) Act,
2004. there shall be reserved forty five seats exclusively for women
members and they will be elected by the aforesaid members in
accordance with law on the basis of procedure of proportional
representation in the Parliament through transferable vote.
Chapter-III
Gender Needs
Every person have such needed for spend there life happily. Simply this
need will describe as men’s Needs. But there have such general distinction
between General Needs and Gender Needs. The source of Gender Needs
derived from Firstly, the classification of gender labour section which are
used as social rules; Secondly, Chance, rights, honour, power, take part of
36 article 40 The constitution of the Peoples Republic of Bangladesh
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women in decision making and make such discrimination in the mind of
men.
The gender needs are divided into two types:
Practical Gender Needs;
Strategic Gender Needs;
Practical Gender Needs:
Practical needs are those type of needs there one women and men are make
such type of needs which may consist the general provision of gender needs.
Generally the practical needs of man are simply implemented and such
problem when arise thus problem will be solve for this purpose. In special
sense when women will face problem to do activities for their daily works
which are related to the practical gender needs. For example- to safely
maternal leaves will consider health, to give experimental education
regarding health and nutrition for women, to join any income source
activities are the example of practical gender needs. Another example
regarding practical gender needs Jorina’s husband makes a poultry farm in
the yard of the house for the purpose of solvency of the family, but all such
decision will take by Jorina’s husband such as to bought the feed of chicken
and to sold the egg of the chicken. In this case there have no such power of
Jorina will not see. In this case Jorina will join the income source activities
but there have no such change will be seen in her position. Practical gender
needs will not challenge the present moments gender needs for men and
women it just make the procedure easier, but thus needs is necessary for the
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short time. The position of practical gender needs if isolated it will get back
his previous position.
Strategic Gender Needs:
Strategic gender needs are those types of needs which signify the relation
between men and women discrimination and the control of the property. To
comply these needs it will change the relation between men and women’s
power, honor, control and it also develop the relation of choice able honour.
Strategic gender needs will challenge the discriminatory position of human
being in the society. The example of strategic gender needs is the
classification of gender labor, power, honor, control, legal rights, equal
wages, ownership of property, control over his own income, own body and
delivery of birth own control and to got ensure from free from the family
torture. In above example of Jorina will join in the income source activities
and take part in decision making is held as Strategic gender needs. complied
this needs it will change the position of human being. This position will long
term schedule on behalf of continuous struggle.37
The difference between Practical gender needs and Strategic gender needs
Practical Gender Needs Strategic Gender Needs
37Net-11\user-08\handout\gender needs
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o Practical gender needs is derived from gender role
o This need is currently necessary, it is short time process and it will fulfill swiftly.
o It is related in the daily necessities. Such as- food, nutrition, health, house, burning material, drinking water, safety pregnancy etc, which may simply identified.
o It will not challenge the present position will develop the position of human being.
o Practical gender needs can’t gave the ensured of the daily needs it just width the path of fulfilling needs
o It will derive from the discriminatory relation between men and women.
o It is a long time procedure, it can not fulfill swiftly.
o It will not identify easily. Such as- human honor, control over rights, power and to established choice etc.
o It will challenge the present discrimination, and it will change the position of human being.
o When such needs is fulfill it may not be adjourn.
o To fulfill strategic needs it have to follow lengthy procedure, it will change the attitude and behavior of man.
o When we follow up strategic needs we will faced some obstacles.
Source: Byrens, A. “Slow and steady wins the race and gender needs.The result of implement the Practical and Strategic gender needs:
To implement practical gender needs it will help the present role of gender-
The present activities of women are making easier; Make free from the
daily working or such other role which may obtained By women;
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To face the practical problem which a woman play role; (For example-
health, food, education, income etc such type of problem)
To implement strategic gender needs it will change the present gender role-
To make such large type of equality between men and women;
To passing over the position of women like, dislike and power;
There have such gap between entrance of women in many sector firstly it
have to close therein ;( that may be equal wages, property ownership, to
give such act such like not her traditional job, family planning system
and develop the lifestyle)
Chapter-IV
Women’s Right and Beijing Platform for action
Freedom of women and women modernity movement will rapidly started
from the eighteenth century. These movements are not hindrance in the
one country it will spared in the whole world. The movement named
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women’s right will got speedy path by declaring “Universal Women
Year” in 1975 by UNESCO. The main theme of this declaration is
“equality, development and peace”. For this purpose to develop women
power Mexico, Copenhagen, Nairobi will join in 1995 in Beijing the
participation of 191 countries and 35 number of institution will
programmed a conference named 4th Beijing Women Conference. The
main theme of this conference is “to see the world in the eye of women”
In Beijing there have organized two conferences. One is organized by to
participation of government state community which has the membership
of UNESCO, another one is organized by non-government organization
who will work for the movement of women freedom and to establish to
the freedom of women. This two conference will gave such 12 important
rules which may change the position of women and to avoid such back
ward restriction:
Poverty
Education
Health
Oppression
Armed force and other violence
To joining economic sector
Power deviation and decision making
National and International institution
Human Rights
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Mass communication
Environment
Female Child
When such Beijing platform for action will nominated such the countries
who are the member of UNESCO all are make comments to implement such
action.
On behalf of the Government the donor group, international community and
the activities of the non-government play such vital role. In this conference
herein said that as soon as possible government related intuition and NGO
will discuss about such matter and try to implemented of this action and the
own complement will made between year of 1996.38
The Implementation of Platform for action:
National Women Development Rules and Regulation: In 1997 later
2004 with amendment declared National Women Development Rules and
Regulation and came in force National Women Development working
regulation. In this regulation the important issues will be held National,
international and familiar sector the participation of women and sign out
38 net-11/user-08/tr/handout/ Beijing PFA Date: 18 September 2008
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such procedure. In thus regards the all Ministry of the state and such
other agency will also prescribed the all regulation of government and
how far the development of rule regarding women participation.
The strongest mechanism of Institution:
The important national mechanism regarding women development have
such 47 wide focal point to the Ministry, Associate wide foal points and sub
focal point will be appointed. The working mechanism of wide focal point
are as follows-
To signify the upcoming foundation, plan regulation, continuing
process taken regarding women development.
The annual development procedure regarding women development
will take place preference.
To examine out all kind of development of women in any sector.
Made such good relation between networking and Co-operation.
The rules and regulation regarding women development and such
procedure when involved in the local sector rules and such
recommendation and to ensure of the participation of the party.
To submit the three months annual report for wide activities and in
own development process regarding women own ministry.
Women and Child Ministry:
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The Women's Affairs Division which was created in 1976 and upgraded as
the Ministry of Women’s Affairs in 1978 to deal with the development
concerns of women. Bangladesh is one of the few countries in the world
having a full fledged Ministry to work for women's advancement. The role
of the Ministry includes national policy formulation regarding women,
implementation of special programmes for women's development, dealing
with matters relating to women's legal and social rights, control and
registration of women's voluntary organizations and dealing with
international organizations in the field of women's development. The
Ministry's role has been expanded to coordinate the WID aspect of different
sectors. Recently the Ministry has been given added responsibility for the
development and protection of children and their rights.
Reduction of poverty
Create ability
Legal aid
Cure of nursing
Consciousness and Advocacy
Policy of ministry and make strongest the role of advocacy
Not for that the main vertex agency named Mohila and Shishu related
ministry will try to increase the policy of leadership and try to create
advocacy unit. (PLAGE)
To participation of women in decision making:
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To direct appointment of women in and taking decision in higher level rules,
not only that President own self will make rules that 10% of women are
direct appoint in higher level.
To participation in politics:
In local government the preserved seat for women will consist 4 sector and
one third for the direct election. In the parliament election 45 preserve seats
fixed for women this movement are running on long days.
Opposition of women violence: in this case government will took
following steps-
In police head quarter and in police station make special cell for
women;
To oppose the violence of women make such committee in
National, District and Upazilla level;
On behalf of the authority of women and national women
agency will made women violence cell;
To obstruct women and child slaughter make SAARC
convention;
To establish special court violence against women;
Establish stop crisis centre in district level medical college for
proper investigation, in judicial cure, treatment, health cure and
Women education:
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If no such women are not ousted from study government will gave
scholarship for class eight, no fees will be given for 12th class, food for
education process will implement. In primary school 60% of women teacher
will be appointed for zero seats.
Women and Economics:
TnT board will make rules that 90% of operator will appointed from the
women, in non-gazette rank 15% and in gazette rank 10% preserved for
women.
Actions to be taken by Governments:
Committee themselves to establishing the goal of gender balance in
governmental bodies and committees, as well as in public
administrative entities, and in the judiciary, including, inter alia, setting
specific targets and implementing measures to substantially increase
the number of women with a view to achieving equal.
Representation of women and men, if necessary through positive
action, in all governmental and public administration positions;
Take measures, including, where appropriate, in electoral
systems that encourage political parties to integrate women in
elective and non-elective public positions in the same
proportion and at the same levels as men;
Protect and promote the equal rights of women and men to
engage in political activities and to freedom of association,
including membership in political parties and trade unions;
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Review the differential impact of electoral systems on the
political representation of women in elected bodies and
consider, where appropriate, the adjustment or reform of those
systems;
Monitor and evaluate progress in the representation of women
through the regular collection, analysis and dissemination of
quantitative and qualitative data on women and men at all
levels in various decision-making positions in the public and
private sectors, and disseminate data on the number of women
and men employed at various levels in Governments on a
yearly basis; ensure that women and men have equal access to
the full range of public appointments and set up mechanisms
within governmental structures for monitoring progress in this
field;
Support non-governmental organizations and research
institutes that conduct studies on women's participation in and
impact on decision- making and the decision-making
environment;
Encourage greater involvement of indigenous women in
decision-making at all levels;
Encourage and, where appropriate, ensure that government-
funded organizations adopt non-discriminatory policies and
practices in order to increase the number and raise the position
of women in their organizations; Recognize that shared work
and parental responsibilities between women and men promote
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women's increased participation in public life, and take
appropriate measures to achieve this, including measures to
reconcile family and professional life;
Aim at gender balance in the lists of national candidates
nominated for election or appointment to United Nations bodies,
specialized agencies and other autonomous organizations of
the United Nations system, particularly for posts at the senior
level.
Platform for action when implemented by nationally and internationally
which is organized in Beijing and how it will measure and for this regards in
future what type of cure will be taken and in later 2000 and 2005 two
conference will organized which are popularly known as Beijing +5 and
Beijing +10.
The NGO of the Bangladesh will worked for implement 12 important point
work very hardly. In all country there spread that Beijing plus five
committee will recognized 12 important for women, for this parts the NGO
will supplement such important fact, well founded steps and no obstructed
will came to this procedure, as far regards the NGO will pressed such
question paper, and such programmed also. Not only that they also try to
strongest their mechanism procedure and institutional role and try to make
network system.39
39 net-11/user-08/tr/handout/ Beijing PFA Date: 18 September 2008
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National Machineries:The following national machineries are in existence to further women's
advancement:
Ministry of Women and Children's Affairs :
The Women's Affairs Division which was created in 1976 and upgraded as
the Ministry of Women’s Affairs in 1978 to deal with the development
concerns of women. Bangladesh is one of the few countries in the world
having a full fledged Ministry to work for women's advancement. The role
of the Ministry includes national policy formulation regarding women,
implementation of special programmes for women's development, dealing
with matters relating to women's legal and social rights, control and
registration of women's voluntary organizations and dealing with
international organizations in the field of women's development. The
Ministry's role has been expanded to coordinate the WID aspect of different
sectors. Recently the Ministry has been given added responsibility for the
development and protection of children and their rights.
National Council For Women's Development (NCWD):
A 44 member National Council for Women's Development (NCWD) has
been established consisting of Ministers and Secretaries from several lines
Ministries, public representatives and eminent individuals with the Prime
Minister as Head of the Council.
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The responsibilities of NCWD are as follows:
To ensure women's participation in socio-economic
development work, the Council will formulate rules and
regulations for the development work of different Ministries,
divisions and other agencies and coordinate them;
The Council will formulate laws, and regulations to ensure
women's legal rights and development and to prevent of
oppression against women;
The Council will also take measures to preserve women's
interests in all areas in which women are active and ensure their
participation and advancement.
WID Focal Points in Different Ministries:
Since the Fourth Five Year Plan, all the sectors and Ministries are
responsible for incorporating women in development concerns into their
development programmes in order to mainstream women's development.
Women in Development (WID) Focal Points in 33 Ministries and agencies
are responsible for overseeing the concerns of women in the programmes of
their respective Ministries. They are responsible for formulating sectoral
plans keeping in mind gender concerns, preparing lists of priority projects
for women for inclusion in the annual development plans; reviewing and
modifying ongoing projects with a view to incorporating adequate gender
concerns in the sectoral programmes/projects; ensuring gender sensitive
reporting system; collaborating with other sectors and central agencies in
order to achieve WID sectoral goals; and monitoring and reporting on their
sectoral activities and constraints in achieving these goals.
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Interministerial Coordination and Evaluation Committee:
The National Women's Advancement Policy envisages the establishment of
an Inter ministerial Coordination and Evaluation Committee headed by the
Minister for Women and Children's Affairs to monitor the progress of
implementation of sectoral WID plans and programmes and submit quarterly
progress reports to the NCWD. Various government and non-government
women's development organizations and Ministries with WID Focal Points,
will be members of this committee.
Department of Women's Affairs:
The Directorate of Women's Affairs was established in 1976 and was
upgraded in 1990 to the Department of Women's Affairs. It functions as the
implementing arm of the Ministry of Women and Children Affairs. It
operates through its head quarter and field based offices in order to
implement the activities and directives of the Ministry. Its activities include
awareness rising on women's rights and equality, vocational and technical
training in various areas, providing credit facilities and providing legal aid
services to women.
Jatiya Mohila Shangstha (JMS):
Jatiya Mohila Shangstha (JMS) was created in 1976 as the apex national
women's organization to further the social, economic, educational and
cultural enlistment of women. It has undergone many changes with regard to
its activities and character since its inception. It was declared an autonomous
organization through an ordinance in 1991 and named as Jatiya Mohila
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Shangstha. It works under the Ministry of Women and Children Affairs. The
main activities it has undertaken are skill development training in weaving,
handicrafts, tailoring and motivation for family planning, tree plantation,
sanitation and micro-credit operations in selected "Thanas" or Sub-Districts.
The programmes are conducted using government granted funds. Unit
computer training and a legal aid cell for women have been established.
Information and Publicity:
The Government is responsible for the dissemination of information on
various human rights instruments and the legal provisions on human rights
that have been ratified. Various NGOs and human rights groups also
undertake specific programmes for raising awareness on this among the
public.
Efforts in this area have been limited and inadequate so far. Some
instruments such as The Convention on the Elimination of All Forms of
Discrimination against Women, Child Rights Convention and the Human
Rights Convention have been translated into Bangla by the local UN Offices
and NGOs for dissemination among the public.
Remaining Obstacles Encountered by Women:
The Government of Bangladesh ratified the Convention on the Elimination
of All Forms of discriminations Against Women (CEDAW) excluding the
Clauses 2, 13(a), 16 (1) (c) and (f) which relate to the personal rights of
women such as succession of property, marriage and divorce, guardianship
over children etc.
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The constitution guarantees equality between men and women in the public
sphere. Various discriminatory customs and practices persist, however,
which are gradually being addressed and removed through appropriate
measures. The present Government is committed to remove these
discriminatory provisions. The Constitution allows for Personal Laws in the
private spheres which are in some cases discriminatory against women.
Unequal provisions in personal laws such as in the case of inheritance,
guardianship of children, marriage and divorce contributes to their inferior
social, economic political and legal status.
There are problems in implementing existing legal provisions due to
women's, as well as men's. Ignorance about their legal rights. The substance
as well as application of laws puts women in a disadvantaged position with
regard to men.
Chapter-V
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Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and
Women’s right in Bangladesh
In 1948 10th December the General Assembly of UN in declared Universal
declaration of Human Rights. This declaration will applicable for all women
and men and all rights are preserved for this declaration. But this declaration
sought out such special rights for women those are applicable only for
women.
The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) is an international convention adopted in 1979
by the United Nations General Assembly. Described as an international bill
of rights for women, it came into force on 3 September 1981. The United
States is the only developed nation that has not ratified the CEDAW.
To revoke out such right from the Human Rights declaration the women are
faced such violence they also can’t take advantage their rights. To establish
women rights, their forwardness and their development UN declare 1975 as
a “World Women Year”.
In this time to development of women position and worldwide practical
activities foundation will be take place. But when this year is finished that
time are to short for development for women. For this result 1976-1985 to
develop the position of women are held as women development tenth. For
this procedure when worked successfully to equal rights to men and women
and no such discrimination will arise will passed a declaration name
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“Convention on the Elimination of all Forms of Discrimination against
Women” which is came in force in 1979 18th December.
o In 1st March of 1980 will signed in this deed;
o This declaration came in force in 3rd September 1981;
o Bangladesh is signed and implements this deed at 1984;
o When Bangladesh will signed this deed they preserve the article 2, 13(A), 16(1)(C), (F);
o In later just article 2 and 16(1)(C) will preserved and all other are set free;
o In this deed there are 30 Articles. For this Articles 3-16 total 14 article are described about women rights and other described about procedure and liability related.
The Convention defines discrimination against women in the following terms:
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, cultural, civil or any other field.
It also establishes an agenda of action for putting an end to sex-based
discrimination: States ratifying the Convention are required to enshrine
gender equality into their domestic legislation, repeal all discriminatory
35provisions in their laws, and enact new provisions to guard against
discrimination against women. They must also establish tribunals and public
institutions to guarantee women effective protection against discrimination,
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and take steps to eliminate all forms of discrimination practiced against
women by individuals, organizations, and enterprises.
The seven UN member states that have not signed the convention are Iran,
Nauru, Palau, Qatar, Somalia, Sudan, and Tonga. These are either
Islamic states (Iran, Qatar, Somalia, Sudan) or small Pacific Island nations
(Nauru, Palau, Tonga). Niue and the Vatican City have also not signed it.
The United States has signed, but not yet ratified.
In 2007,after much pressure from women's organizations such as the
National Alliance of Taiwan Women's Associations, Taiwan's Legislative
Yuan ratified the stipulations of CEDAW into its own domestic policy. It is
still awaiting CEDAW's approval of its ratification.40
Characteristic of the CEDAW Convention:
a) A multilateral human rights treaty aimed at establishing substantive
equality of women with men removing all forms of discrimination against
women.
b) CEDAW is the only treaty covering all categories of human rights
c) The Convention defines what constitutes discrimination against women
d) The constituents of CEDAW consist of the provision of 16 substantive
articles, General Recommendations, and Concluding Comments made by the
Committee during the review process of the report
e) Being an International Human Rights Treaty, CEDAW has a force of law40 en.wikipedia.org/wiki/National_Alliance_of_Taiwan_Women’s_Association 19/10/2008
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PROGRESS REPORT ON ARTICLES TWO TO SIXTEEN OF THE
CONVENTION:
CEDAW 1979 is potentially the most important document formed for
elimination of discrimination against women and to improve their lot. For
the very political reasoning CEDAW has been termed as the “Women’s bill
of Rights”. The convention consists of 30 Articles and in divided into
preamble and six parts---
Part- 1 (Articles 1-6): General provisions;
Part-2 (Articles 7-9): Political Rights;
Part-3 (Articles 10-14): Social and Economic Rights;
Part-4 (Articles 15-16): Civil and Family Rights;
Part-5 (Articles 17-22): Implementation Procedure;
Part-6 (Articles 23-30): Final clauses;
Articles 1 and 2 established a comprehensive obligation to eliminate
discrimination in all forms in addition to the specific obligations under
Articles 5-16
Article 2: Obligations to Eliminate Discrimination:
State Parties condemn discrimination against women in all its forms; agree
to pursue by all appropriate means and without delay a policy of eliminating
Discrimination against women and, to this end, undertakes:
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a) To embody the principle of the equality of men and women in their
national constitutions or other appropriate legislation if not yet
incorporated therein and to ensure, through law and other appropriate
means, the practical realization of this principle;
b) To adopt progressive legislative and other measures, including
sanctions where appropriate, prohibiting discrimination against
women;
c) To establish legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals and
other public institutions the effective protection of women against any
act of discrimination;
d) To refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions
shall act in conformity with this obligation;
e) To take all appropriate measures to eliminate discrimination against
women by any person, organization or enterprise;
f) To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which
constitute discrimination against women;
g) To repeal all national penal provisions which constitute discrimination
against women.
Article 3: The Development and Advancement of Women:
State Parties shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including legislation,
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to ensure the full development and advancement of women, for the purpose
of guaranteeing them the exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality with men.
A National Policy on Women's Advancement was approved by the National
Council for Women's Development (NCWD) in February 1997 and declared
by the Prime Minister on March 08, 1997. Its main objectives are as
follows:
Establish equality between men and women in all spheres;
Eliminate all forms of discrimination against women and girls;
Establish women's human rights;
Develop women as human resource;
Recognize women's contribution in social and economic spheres;
Eliminate poverty among women;
Establish equality between men and women in administration,
politics, education, games, sports and all other socio-economic
spheres;
Eliminate all forms of oppression against women and girls;
Ensure empowerment of women in the fields of politics,
administration and the economy;
Develop appropriate technology for women;
Ensure adequate health and nutrition for women;
Provide housing and shelter to women;
Create positive images of women in the media;
Take special measures for women in especially disadvantaged
situations.
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Article 4: Temporary Special Measures:
1. Adoption by the State Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be
considered discrimination as defined in the present Convention, but shall in
no way entail as a consequence the maintenance of unequal or separate
standards these measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.
2. Adoption by State Parties of special measures, including those measures
contained in the present Convention, aimed at protecting maternity shall not
be considered discriminatory.
Article 5: Sex Roles and Stereotyping:
State parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct 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 of the
superiority of either of the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of
maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of their
children, it being understood that the interest of children is the primordial
consideration in all cases.
Article 6: Suppression of the Exploitation of Women:
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State Parties shall take all appropriate measures, including legislation, to
suppress all forms of traffic in women and exploitation of prostitution of
women.
Article 7: Elimination of Discrimination against Women in Political andPublic Life:
State Parties shall take all appropriate measures to eliminate discrimination
in the political and public life of the country and, in particular, shall ensure
to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for
election to all publicly elected bodies;
(b) To participate in the formulation of government policy and the
implementation thereof and to hold public office and perform all public
functions at all levels of government;
(c) To participate in non-government organizations and associations
concerned with the public and political life of the country.
Article 8: Equal Opportunity for International Representation andParticipation:
State Parties shall take all appropriate measures to ensure to women, on
equal terms with men and without any discrimination, the opportunity to
represent their Governments at the international levels and to participate in
the work of international organizations.
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Article 9: Equal Rights with Regard to Nationality:
1. State Parties shall grant women equal rights with women to acquire,
change or retain their nationality. They shall ensure in particular that neither
marriage to an alien or change of nationality by the husband during marriage
shall automatically change the nationality of the wife, render her stateless
or force upon her the nationality of the husband.
2. State Parties shall grant women equal rights with men with respect to the
nationality of their children. Nationality in Bangladesh is determined by
birth. Although no reservation has been made to this article of the
Convention the Bangladeshi Citizenship Act is discriminatory. Women have
equal rights with men to acquire, change or retain their nationality. They can
obtain passports without the signatures of their husbands or fathers.
However they do not have equal rights with respect to the nationality of their
children. According to Citizenship Act of 1951, citizenship can be
transmitted from the father to his children but not from the mother. Also a
woman's husband cannot be entitled to citizenship through her. The spouse
of a Bangladeshi man may receive citizenship but the contrary is not true.
Measures are being taken by Government to ensure equality between men
and women with regard to citizenship rights. In fact the laws in this area are
part of the colonial legacy and have not recently been reviewed or revised.
Article 10: Equal Rights in the Field of Education:
State parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the fields
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of education and in particular to ensure on a basis of equality of men and
women.
a) The same conditions for career and vocational guidance for the
achievement of diplomas in educational establishments of all categories in
rural as well as in urban areas; this equality shall be ensured in pre-schools,
general, professional and higher technical education, as well as in all types
of vocational training;
b) Access to the same curricula; the same examinations; teaching staff with
qualifications of the same standard and school premises and equipments of
same quality;
c) The elimination of any stereotyped roles of men and women at all levels
and in all forms of education by encouraging co-education and other types of
education which will help to achieve this aim and, in particular, by the
revision of textbooks and school programmes and the adaptation of teaching
methods;
d) The same opportunities to benefit from scholarships and other study
grants;
e) The same opportunities for access to programmes of continuing
education , including adult and functional literacy programmes, particularly
those aimed at reducing, at the earliest possible time, any gap in education
existing between men and women;
f) The reduction of female dropout rates and the organization of
programmes for girls and women who have left school prematurely;
g) The same opportunities to participate actively in sports and physical
education
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h) Access to specific educational information to help ensure health and
well-being of families, including information and advice on family planning.
Article 11: Equal Employment and Training Opportunities:
1. State parties shall take all appropriate measures to eliminate
discrimination against women in the field of employment in order to ensure,
on a basis of equality of men and women, the same rights in particular:
a) The right to work as an inalienable right of all human beings;
b) The right to same employment opportunities, including the application
of the same criteria for selection in matters of employment;
c) The right to free choice of profession and employment, the rights to
promotion, and security and all benefits and conditions of service and the
right to receive vocational training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
d) The right to equal remuneration, including benefits and to equal
treatment in respect of work of equal value, as well as equality of treatment
in the evaluation of the quality of work;
e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to
work, as well as right to paid leave;
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f) The right to protection of health and safety in working conditions,
including the safeguarding of the function of reproduction
2. In order to prevent discrimination against women on grounds of marriage
or maternity and to ensure their effective right to work, State Parties shall
take appropriate measures:
a) To prohibit subject to imposition of sanctions, dismissal on the grounds
of pregnancy or of maternity leave and discrimination in dismissals on the
basis of marital status;
b) To introduce maternity leave with pay or with comparable social benefits
without loss of formal employment, seniority or social allowances;
c) To encourage the provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities and
participation in public life, in particular through promoting the establishment
and development of a network of child-care facilities;
d) To provide special protection to women during pregnancy in types of
work proved to be harmful to them.
3. Protective legislation relating to matters covered in this Article shall be
reviewed periodically in the light of scientific and technological knowledge
and shall be revised, repealed or extended as necessary.
Article 12: Equality of Access to Health Care:
1. State Parties shall take appropriate measures to eliminate discrimination
against women in the field of health care in order to ensure, on a basis of
equality with men and women, access to health care services, including
those related to family planning.
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2. Notwithstanding the provisions of paragraph 1 of this article, State Parties
shall ensure to women appropriate services in connection with Pregnancy,
confinement and post-natal period, granting free services where necessary,
as well as adequate nutrition during pregnancy and lactation.
Article 13: Equal Rights with Regard to Economic and Social Benefits.
1. State Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and social life in
order to ensure, on a basis of equality of men and women, the same rights, in
particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of
cultural life.
Reservation on Article 13(a):
Bangladesh is not a welfare state and does not provide any welfare benefits
to its citizens, either men or women. However, certain service benefits are
provided to government employees. These are provided equally to men and
women.
In fact women enjoy certain additional benefits as mentioned above. In
addition women are given paid maternity leave. Certain special measures are
being taken to accelerate the development of women.
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Article 14: Particular problems faced by rural women:
1) State Parties shall take into account the particular problems faced by rural
women and the significant roles which they play in the economic survival of
their families, including their work in the non-monetized sectors of the
economy and shall take all appropriate measures to ensure the application of
the provisions of this Convention to women in rural areas.
2) State Parties shall take appropriate measures to eliminate discrimination
against women in rural areas in order to ensure, on the basis of equality of
men and women that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right:
To participate in elaboration and implementation of development planning at
all levels;
o To have access to adequate health care and family planning, social
security, education and extension services; participation in self-help
groups and community activities; access to agricultural credit and
other facilities and adequate living conditions;
o To benefit directly from social security programmes;
o To obtain all types of training and education, formal and non-formal,
including that relating to functional literacy, as well as, inter alia, the
benefit of all community and extension services, in order to increase
their technical proficiency;
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o To organize self-help groups and co-operatives in order to obtain
equal access to economic opportunities through employment or self-
employment;
o To participate in all community activities;
o To have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian
reform as well as in land resettlement schemes;
o To enjoy adequate living conditions, particularly in relation to
housing, sanitation, electricity and water supply, transport and
communications.
Article 15: Equality Before the Law and in Civil Matters
1. The State Parties shall accord to women equality with men before the law.
2. State Parties shall accord to women, in civil matters, a legal capacity
identical to that of men and the same opportunities to exercise that capacity.
In particular, they shall give women equal rights to conclude contracts and to
administer property and shall treat them equally in all stages of procedure in
courts and tribunals.
3. State Parties agree that all contracts and all other private instruments of
any kind with a legal effect which is directed at restricting the legal capacity
of women shall be deemed null and void.
4. State Parties shall accord to men and women the same rights with regard
to the law relating to the movement of persons and the freedom to choose
their residence and domicile.
Article 16: Equality in Marriage and Family Law.
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1. State Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relations and in particular shall ensure, on a basis of equality of men and
women:
(a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage
only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its
dissolution;
(d) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children; in all cases the interests of
the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information, education
and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions where
these concepts exist in national legislation; in all cases the interests of the
children shall be paramount;
(g) The same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of ownership, acquisition,
management, administration, enjoyment and disposition of property,
whether free of charge or for a valuable consideration.
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2. The betrothal and the marriage of a child shall have no legal effect, and
all necessary action, including legislation, shall be taken to specify a
minimum age for marriage and to make the registration of marriages in an
official registry compulsory.
Personal affairs like marriage, divorce, custody of children, inheritance of
property etc. are governed by religious laws. For Muslims these are
governed by the "Shariah", based on Quran and Hadith. The Hindu
population is governed by the Dayabhaga School of Hindu Law.41
Legislative and Other Measures Adopted to Eliminate DiscriminationAgainst Women:
Though the Constitution guarantees equal rights for men and women in
public life it does not extend this to the private sphere where the various
personal laws based on religion are recognized. These are discriminatory
with regard to various provisions such as marriage and divorce, inheritance,
guardianship, etc. The Constitution also recognizes the unequal situation of
women in so far as it recognizes the need to make special provisions for
them as a specially disadvantaged category.
Bangladesh has ratified the Convention on the Elimination of All forms of
Discrimination against Women (CEDAW) with reservations and not
accepted it as legally binding yet. Most national laws are already in
conformity with the provisions of the Convention. Some
reforms/modifications have been made to protect the rights of women.
However, the provisions of the Convention can be invoked before the court
41 Dr. A.B.M. Mofizul Islam Patwary, Principles of Hindu Law, P.24
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of law only if they are transformed into national laws or administrative
regulations.
Certain legislative actions have been taken to protect the interests of women
and reduce discrimination. Some of these are through the enactment of new
laws and others through modifications of the existing laws and procedures.
The legislative measures include reform of family laws, laws on equal pay
and employment, protection and expanded political rights. The changes in
the national legislation which have taken place during the last two decades
have been the result of the ratification of various conventions and the
mutually reinforcing developments in international and national laws. Some
provisions of the Muslim Personal Laws have been modified but as yet no
effective measures have been taken to reform the Hindu personal laws or
laws of other minority groups as it was felt that such proposals would not be
endorsed by the respective religious/ minority communities.
Within the reporting period a new law the Women and Child Repression
(Special Provision) Act of 1995 further increases the punishment for crimes
against women. It has been enacted to prevent and punish cruelty to women
and children in the form of abuse, injury, or death using corrosive, poisonous
or combustive substance or for dowry. It makes provisions for the
punishment of kidnapping or abduction of women or children to use them
for prostitution or illegal cohabitation, etc. Special Courts have been
instituted with Session Judges or Additional Session Judges in each district.
It provides for completion of the investigation of such offense within 60
days of the receipt of the "First Information Report" (FIR) or order for
investigation and not to grant bail to the accused during that period. There is
also a provision for completion of the trial within 90 days of receipt of the
case.
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The Government has constituted a high powered committee headed by the
Minister for Law, Justice and Parliamentary Affairs to examine existing laws
and update them to address all forms of discrimination against women.
Goals and Strategies of the National Action Plan:
Goals:
Recognizing women's present socio-economic contribution in all spheres
and gender discrimination in terms of programmes, resources and facilities,
the National Action Plan sets the following goals:
a. To make women's development an integral part of the national
development programme.
b. To establish women as equal partners in development with equal roles in
policy and decision making in the family, community and nation at large.
c. To remove legal, economic, political or cultural barriers that prevent the
exercise of equal rights by undertaking policy reforms and strong affirmative
actions.
d. To raise/create public awareness about women's differential needs,
interests and priorities and increase commitment to bring about
improvements in women's position and condition.
Strategies: The plan emphasizes the strategy of mainstreaming of women's development
into government policies and programmes. The underlying premise of the
plan is that all sectoral ministries and agencies of the government have
responsibilities for women's development because women are a major
portion of the population that each agency exists to serve.
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The role of the Ministry of Women and Children Affairs (MOWCA) as the
national machinery is presented as a support organization to facilitate
government wide mainstreaming of a gender equality perspective in all
policy areas. Its role is mainly focused on advocacy, communication, and
coordination and monitoring of implementation. The NAP envisages
strengthening of MOWCA as well as other components of the national
machinery of women's development, i.e. the National Council for Women's
Development (NCWD) and WID Focal Points.
The plan offers detailed and concrete action programmes to achieve the
goals. But it is not exhaustive. It provides a guideline for the sectoral
ministries to develop more comprehensive plans for integrating women's
development.
The shared responsibility for women's development by all partners in
development including various government machineries, local government
bodies, NGOs, women's organizations, research and training agencies etc. is
strongly emphasized in the action plan.
Since most issues of women's development require a multi-sectoral
approach, the NAP strongly emphasizes the need for inter-sectoral linkages,
coordination and collaboration.
Regarding resource allocations, attempts have been made to make the
maximum use of existing resources, undertaking reallocations where
necessary. Only a few selective actions will require additional financial and
technical resources, especially in the education and health sectors. The need
for greater transparency in budget allocations has been stressed as an action
common to all sectoral plans, making separate budget allocations for women
staff and programmes.42 42 COMBINED THIRD AND FOURTH PERIODIC REPORT ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN IN BANGLADESH (SUBMITTED TO UN CEDAW)
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Chapter-VIImplementation of Convention on the Elimination of all
forms of Discrimination against Women (CEDAW)
In 19th century especially when the 2nd World war will finished the rights
regarding women are hardly explained. In later to procure women right
many such deed will made, but in 1979 Convention on the Elimination of all
forms of Discrimination against Women (CEDAW) will derived. The
CEDAW have contained 30 articles and it also divides 3 parts. In 1st part
describe about equality and discrimination, in 2nd part all the rights and in 3rd
parts described about administration procedure and liability. When any state
sign or recognition such convention he has to comment such liability rules.
This convention not marked the area in where the women are facing
discrimination. This convention as just held as the symbol of equality, equity
and state responsibility. The signing state will be experiment out by
following two processes:43
1. to make 23 member of CEDAW committee internationally;
2. to make a shadow report by the civil society nationally;
43 net-11\user-07\tr\Handout\cedaw implementation Date:3rd October 2008
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Committee on the Elimination of Discrimination against Women
Convention oversight is the task of the Committee on the Elimination of
Discrimination against Women, which is made up of 23 experts on
women's issues from different UN member states. The Committee meets
twice a year to review reports on compliance with the Convention's
provisions that the signatory nations are required to submit every four years.
The Committee is one of the seven UN-related human rights treaty bodies.
The Committee's members, described as "experts of high moral standing and
competence in the field covered by the Convention", are elected to serve
four-year terms in staggered elections held every two years. Its officers are a
chairperson, three vice-chairpersons, and a rapporteur. Efforts are made to
ensure balanced geographical representation and the inclusion of the world's
different forms of civilization and legal systems.
Mechanism for Implementation:
For the purpose of considering the progress made in the implementation of
the CEDAW, Part-v of the convention provides for the establishment and
functioning of the 'Committee on the Elimination of Discrimination
against Women' many countries which had focused little attention on
women's rights in the past, presently do so in large scale mainly for the fear
of this Committee.
1. Formation of the Committee: The committee consists of 23 experts of
high moral standing and competence in the field of the convention. The
experts shall be elected by State parties from among their nationals and shall
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serve in their personal capacity. The principle of equitable geographical
distribution and representation of the principal Legal System of the
civilization should be followed.
2. Election: The members of the Committee shall be elected by secret ballot
from a list of persons mentioned by State parties. Each State part may
nominate one person from among its can nationals. At least three months
before the date of each election the Secretary General of the UN shall send
letters to the State parties inviting them to submit their nominations within 2
months. The Secretary General shall prepare a list in alphabetical order of all
persons thus nominated, indicating the State parties which have nominated
them and shall submit it to the State parties.
Elections of the members of the Committee shall be held at a meeting of
State parties convened by the Secretary General at UN head quarter. At the
meeting 2/3 of the State parties shall constitute the quorum; the persons
elected to the committee shall be those nominees who obtain the largest
number of votes and on absolute majority of the votes of the representatives
of State parties present and voting.
3. Tenure: Members of the committee shall be elected for a term of 4 years.
Half of the members are elected in each two years gap. Five (5) additional
members of the Committee shall be elected following the above stated
rules'.
4. Reporting System: (Art 18): State parties under to submit a report to the
UN Secretary General for the consideration by the Committee. The report
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consists legislative, judicial, administrative or other measures which they
have adopted to give effect to the provisions of the CEDAW and on the
progress made in this respect. Report shall be submitted
a. Within one year after the entry into force of the convention for the
State concerned;
b. Thereafter at least every four years and further whenever the
committee so requires.
The Report may indicate factors and difficulties affecting fulfillment of
obligation under CEDAW.
The Committee shall adopt its own rules of procedure. It shall elect its
officers for a term of two years. The committee shall normally meet for a
period of not more than two weeks annually to consider reports submitted to
it. The meeting of the committee shall be held at UN headquarter or at any
other convenient place. The committee shall through ECOSOC report
annually to the General Assembly of the UN on its activities and make
suggestions and general recommendations based on the examination of
reports and information received from the State parties.44
Implication of Ratification of the Convention by the Government (State Party):
Upon ratification the State Party voluntarily accepts a range of legally
binding obligations to eliminate discrimination against women.
The State party agrees to pursue International Human Rights
Standards as the principal normative points of reference.
44 Art 17-22 of the CEDAW Convention
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The State is obligated to act to remove discrimination against women
by the State itself, organizations or private individuals.
The State Party must take the appropriate measures to eliminate
discrimination against women “without delay”
The State is to impose sanction on perpetrators.
Mandatory on the state Party to report as per schedule to the CEDAW
Committee on compliance of the Convention.
To accelerate the process of de facto equality, the State may introduce
temporary special measures. Because of existing inequalities, there
may be need for additional measures to overcome the effect of past
discrimination.
Strategies to Give Impetus to Implementation of the CEDAW:
Political Commitment:
State Parties must politically commit themselves to abide by the
norms and principles of the Convention
Review all existing laws to determine their compatibility with the
Convention
Amend Constitution to guarantee equality and non discrimination
Incorporate CEDAW in the domestic law, civil, penal and labor code
Remove Legal Obstacles:
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To achieve equality between men and Women State must establish
legal protection of the rights of women on equal basis with men
Amnesty International study shows that in more than 45 countries
discriminatory laws are in existence
State must modify abolish all discriminatory laws and regulations
The State must repeal all national penal provisions which constitute
discrimination against women
Withdrawal of Reservations:
Convention allows State Parties to enter reservation to articles if such
reservations are not incompatible with the objects and purpose of the
Convention.
But many countries enter reservation to substantive articles (2, 9, 16,
etc) relating to inheritance, marriage, divorce rights, child custody,
citizenship and reproductive rights.
Countries apparently enter reservation due to non-conformity of
domestic law with the convention or due to religious based policy
(Arab or Islamic Countries) or customary practices (African
Countries). Some Countries also enter reservations to control
women’s reproductive rights (Philippines).
Countries having a secular law but not a uniform family code also
enter reservations (Bangladesh) or declaration (India).
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Justification for withdrawal of Reservations:
CEDAW has largest number of reservations.
Reservations are meant to be temporary.
Justifications used for reservations on similar ground defer widely
between countries.
Some Muslims Countries using “sharia” as a basis of reservations do
not practice “sharia” law (Bangladesh).
The State Parties often do not put reservations to analogous provisions
of other treaties. This indicates a gender biased attitude.
Withdrawal of reservations is not likely to pose political or religious
problems in the country. Indonesia, being the largest Muslim country
and Syria, being an Arab country did not enter reservation to article
(2) or (16).
Sensitize Parliamentarians, Judges, Police Forces, and Women’s
group, religious based organizations that reservation significantly
limits, state obligations to establish gender equality. (General
recommendations: 3, 6 and 10)
State parties should set up committees to review consistency of
Islamic laws, customary laws, and women’s access to reproductive
rights and take necessary remedial measures, also follow the best
practices in other countries ( e.g. polygamy band in Tunisia, Morocco
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has reform family status code and inheritance law, Indonesia has
modified its citizenship law).
To Set Up Appropriate Institutional Mechanism;
In many countries there is inadequacy of gender equality architecture
Changes in the law and policy must be accompanied by an appropriate
institutional mechanism able to carry out intended reforms.
The National machinery must be an independent agency highly
positioned and well resourced with field staffs.
The National machinery must have a capacity to advise all ministries
and departments of the Government on needed policy reforms.
Allocations of Resources:
Normally Women’s programmes are the first ones to get cuts in
government expenditures resulting from economic restructure.
To strengthen the national machinery and to give effect to needed
support services, adequate resources must be allocated to women’s
development.
To have women’s specific programmes as well as gender
mainstreaming (to address challenges related to broader economic and
social issues).
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Proper gender budgeting and gender audit must be introduced (South
Africa, Bangladesh).
Publicity of the Convention:
Often the Convention is not well known to government officials,
judges, police forces, etc.
Public information programmes and human rights education are
essential to sensitize institutions and procedures and to formulate a
new policy and programmes.
State parties to undertake programmes including seminars, human
rights educations and publicity campaigns to develop a proper
understanding of the Convention. Many countries have found positive
results from this.
National women’s Organizations and NGOs can play critical role to
disseminate the Convention.
Assessment of Progress of Women and implementation of
CEDAW:
Some countries have developed CEDAW assessment tool (Moldova)
CEDAW indicator (developed by DAW) which may be used.
Gender gap index developed by World Economic Forum may be used
effectively to measure ranking in gender gap (Bangladesh).
CEDAW monitoring body may be set up (Philippines, Nepal).
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Follow up of the Concluding Comments:
Concluding comments provide use full feedbacks.
State parties should follow up the concluding comments made on their
reports to formulate policies and programmes.
Suggested recommendations should be complied with before the next
report is submitted.
Preparation of Action Plan:
State parties should prepare an Action Plan for full implementation of
CEDAW with priority objectives and targets.
Action Plans should be updated periodically.
Implementation of CEDAW should be the road map of the Action
Plan (not PFA or MDGs).
Special Focus on few Issues:
Violence against women:
Enact the special law to combat domestic violence
There must be strong legislative platform where women can seek
justice against gender based violence and crimes
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Factors which contribute gender based violence in the society should
be addressed adequately (inequality, absence of woman in decision
making, cultural subjugation, restriction in women’s ability to leave
family setting)
Use of Affirmative Policy for women:
As per article 4.1 and GR 24 State Parties should use temporary special
measures to accelerate the process of de facto equality of women
(Bangladesh uses affirmative policy in reserved seats in the parliament, in
government job, housing allocation, admission in State Universities and
educational support for poor girls in rural areas - “food for education”)
CEDAW vs. PFA and MDGs:
State Parties must give priority to International legal obligations rather
than global political commitment
PFA and MDGs which do not recognize women’s substantive equality
as a right should not take precedence to CEDAW
MDGs lack rights-based approach and women’s human rights as a
development goals
The procedure of Inquiry:
In this convention article 18 will gave recommendation when such state
implement CEDAW convention the CDAW committee will submit yearly
report. In primary report 1st portion will prescribed about states social,
political and legal frame and also describe what procedure will have
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followed to implement this deed, secondly the clear clarification of all
articles. When such primary report will be submitted after that four years
have been passed then such committee if thinks feet another staement may
try to forward.
Provided that, in 6th November 1984 Bangladesh will sign the CEDAW
convention and they will submitt primary report on 1986, from this long
time process the First annual report or Periodic report will submitted at
1993. in 1996 the second report will be submitted, for the lengthyness the
third and fourth report will be submitted in 1997. the fifth periodic reort was
comment to submit as June 2001 but this report was submitted at December
2002 sent back to CEDAW committee, onbehalf on the government there
are three organization will worked for the making of the shadow report those
organization are Bangladesh Mohila Parishad, Steps Towards
Developments, Ain-O-Shalish Kendro.
All such reports will experiment carefully there has created a working
groups. The duties of such working group is to gave rules and regulation of
the question what will be arise in the convention that will known to the state
in forwarding of the convention. This question will help to concurred the
national report. For that reason the state will able to gave answer all the
problems regarding this purpose.
In this programme the state representative will gave chance to say about this
report orally. Provided that to experiment the report the member of CEDAW
committee will appoint for each state. They will gave explanation for the
others members. In other way he may demnd such issue to the special
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buraue. Then such committee will implement the government report on
behalf of the shadow report.
There are such non-government organization who are the member of the
UNESCO they have obtained to see thus interim state programme as a
spectator.
If such report will arise any controversy form the committee will ask the
government to explain this matter. In later the committee will made
conference to the non government organization and such concluding
comments will submitted to the government. In such comments the state will
try to consider the positive value and next what process will be taken that
will be decribed specifically. The implementation of CEDAW deed will
worked as precedent of law. Government will consider such rules regulation
for their recommendation. Here provide that three weeks review session will
arrange two weeks for the state representative and one week for the non
government organization.
Whereafter the committee will gave such general recommendations
regarding specific articles and cross cutting explanation. Provided that the
committee will submitted 25 explain form of general recommendation upto
October 2004.As far regards the CEDAW convention is implemnted this
way from 1981.
States that are parties to CEDAW must submit regular reports to the
CEDAW Committee, typically at four-yearly intervals. These reports
contain detailed information about legislative, judicial, administrative and
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other measure that have been undertaken to implement CEDAW, as well as
about obstacles encountered.
The reports require a fairly comprehensive mapping of progress in achieving
gender equality.
State reports are reviewed during the CEDAW Committee sessions which
have been held in Geneva since 2008. The reporting State sends a
government delegation, most often including the heads of national women’s
machineries and other key officials such as those responsible for foreign
affairs, the administration of justice, education, and health, to engage in a
dialogue with the Committee members.
Since 1990, initial and subsequent state reports have been reviewed by a pre-
session working group of five Committee members. The working group
draws up questions to guide the full Committee’s examination of the report –
called the ‘List of issues and questions with regard to the consideration of
periodic reports’. These questions are submitted to the country’s
representative in advance so that a response can be prepared.
When the CEDAW session is over, the Committee issues its Concluding
Observations on each State party’s report.
CEDAW are sufficient to protect women rights of Bangladesh and
narrate the grounds of discrimination against women of Bangladesh.
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Though CEDAW has been called 'Women's Bill of Rights', it has a little
impact in improving the lot of women of third world countries like
Bangladesh. Though the constitution of Bangladesh regarded all women and
men equal before law and entitled to equal protection of law, practice is
different and even some laws do not regard women as equal to man.
Citizenship: Under the Bangladesh Citizenship Order 1972, a person cannot
claim citizenship through his/her mother or grandmother; it must be claimed
through father or grandfather. ['Women and Human Rights; Human Rights
in Bangladesh'. P-72. Published by BILIA 2003]. Clearly this is the violation
of Art-27 of the Bangladesh Constitution.
Discriminatory Payment by Women: Order-XXV; Rule 1(3) of the Code
of Civil Procedure provides that in a suit for payment of money, in which the
plaintiff is a woman and does not possess sufficient immoveable property
within Bangladesh, the court may on the application of defendant order the
plaintiff to give security for the costs incurred or likely to be incurred by the
defendant. But it is not so in case of male.
Keeping in 'Safe Custody without any legal basis: There is no provision
in the Code of Criminal Procedure 1898 for detaining or keeping in safe
custody a woman or a girl child. But it a practice of Bangladesh.
Some Laws do not consider women as an adult: Section 155(4) of the
Evidence Act 1872 provides that -'When a man is prosecuted for rape of or
attempt to ravish, it may be shown that the prosecutrix was generally
of immoral character'.
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Personal Laws apparently at variance with CEDAW and constitutional
provisions: Muslim personal laws of inheritance do not ensure equal
rights of men and women to property. Hindu Personal law even does not
recognize the women's right t property.
Muslim personal law does not recognize right to divorce by a women unless
the husband delegated this authority to his wife. Hindu law allows polygamy
by husband, while a Hindu woman can not marry until her husband's death.45
Muslim law allows a man to marry four women at a time subject to the
consent of previous wife or wives.46
Hindu law allows only adoption of male children; a Hindu woman can adopt
a child only when she receives her husband's consent. On the other hand
Muslim law does not recognize adoption. Thus personal Laws are
discriminatory against women with respect to marriage, divorce, adoption
and right of inheritance.
Noble laureate awarded economist Amartaya Sen in his essay "Many faces
of Gender inequalities" mentioned the following discrimination against
women-
1. Discrimination in Birth ratio;
2. Discrimination in Basic necessities;
3. Discrimination in Special opportunity;
4. Discrimination in Ownership;
5. Discrimination in Household;
6. Discrimination in Wages etc.;
45 Hindu Widow Remarriage Act 185646 Muslim Family Laws Ordinance 1961
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Amartaya Sen mentioned that due to discrimination, deprivation
and negligence against women almost 100 million women had
disappeared from the world, who could have been alive by the time.
Measures for Elimination pf Discrimination against women in Bangladesh-
Art-27 of Bangladesh provides- Every person is equal before law and is
entitled to equal protection; though reality is different.
Art-28 provides for non-discrimination on the grounds for positive
discrimination in fewer of women. The Govt. has made special provision in
fewer of women. One of these allows women up to 32 years of age to give
competitive examination whereas in case of man 30 years is the maximum
age limit. In parliament 45 additional seats are reserved for women. Free
education up to 12th class is ensuring for female students. In spite
of these special provisions women face discrimination in many cases.
Though the state is trying to improving lots of our women, it is not enough.
What is needed is integrated approach of both Govt. and society to eliminate
discrimination againrt women and implementation of CEDAW and relevant
constitutional provision.
CEDAW clash with the role of women in some religions.
Some of the commentators mentioned that the concept of CEDAW and
rights enumerated in it is western shaped and not consistent with social,
cultural and religions concepts of many counties. For many parts of the
world cross-cultural consensus is a problem. The legitimacy of the CEDAW
is questionable in respect of some articles owing to cross-cultural problem.
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Moreover Article-2 of the CEDAW opposes comprehensive obligations
upon state parties, which are difficult to implement for third world countries.
• Some articles of CEDAW are in conflict with family laws and personal
laws of many Muslims countries. For example Bangladesh made reservation
of Articles-2, 13 (a) and 16(1) (c) and (f) as they conflict with sharia law
based on Holy Quran and sunna.
• Maldives and Pakistan had accepted CEDAW on the condition that they
will not comply with the provisions which one in conflict with their
constitution and any other laws. Muslim ariente countries like IRAQ,
SAUDI, ARABIA, LUWAIT, MOROCCO, etc made reservation of some
paragraphs of Articles-7, 9, 15 & 16 as these are not consistent with laws
and practices of these countries.
However, whatever might be the reservation and whatever might be the
provision of CEDAW expectation is that discrimination against women
should be eliminated.
Convention says about abortion:
There is no express provision in the CEDAW dealing with abortion.
However, ultimate meaning of articles- 5(a) and 16 (e) results in abolition of
compulsory abortion. Article-S(a) impose obligation upon states parties- to
modify the social and cultural patterns of conduct of men and women with a
view to achieving the elimination of prejudices and customary and all other
practices which are faced on the ideal of the inferiority on the superiority of
either of the sexes or on stereotyped roles for men and women.
In many countries of the world mainly in East Asia, China, South Korea,
Singapore, Taiwan, and in south Asia parents and also the society expect
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boy child rather than girl child. Due to technological development it is easy
to determine the gender of the child in womb. Ultimately rates of abortion of
these countries is very is high only for the expectation of body child. In
some countries of middle cast tilling of girl is a social customs. Such types
of practices and customs should be given up by states parties immediately.
Again Article-16(e) provides that states parties shall ensure some rights to
women to decide freely and responsible on the number and spacing of their
children. The committee on the elimination of discrimination No-19
mentioned that compulsory sterilization or abortion adversely affects
women's physical and mental health and infringes the right of women to
decide on the number and spacing of their children. Again Article-4(2)
provides that adoption by states parties special measures aimed at protecting
maternity shall not be considered discriminatory.
So the conclusion is that any type of compulsory sterilization or abortion
should be strongly prevented and additionally Govt. can adopt anti-abortion
laws for protection of maternity which should not be considered as
discriminatory.
Optional Protocol:
The Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women is a side-agreement to the
Convention which allows its parties to recognise the competence of the
Committee on the Elimination of Discrimination against Women to consider
complaints from individuals.
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The Optional Protocol was adopted by the UN General Assembly on 6
October 1999 and entered into force on 22 December 2000. As of October
2008 it has 79 signatories and 92 parties.47
Ratification of Optional Protocol:
A number of core international human rights treaties have protocols that
States parties can sign on to. These Optional Protocols are treaties in their
own right, and are open to signature, accession or ratification by countries
who are party to the main treaty. Optional Protocols create avenues for
individuals to make complaints about the violation of their rights to a treaty
body, or empower a treaty body to conduct inquiries on areas of concern. In
1999, the UN General Assembly adopted CEDAW’s Optional Protocol (OP-
CEDAW), which came into force the following year.
OP-CEDAW includes an inquiry procedure and a complaints procedure. An
inquiry procedure enables the CEDAW Committee to conduct inquiries into
serious and systematic abuses of women's human rights in countries that
become States parties to the Optional Protocol. The complaints procedure,
also known as the communications procedure, gives individuals and groups
of women the right to petition or the right to complain to the CEDAW
Committee about violations of rights.
The OP-CEDAW offers a number of benefits towards the implementation of
the Convention. It reinforces the Convention –
It offers the first gender specific international complaints procedure, putting
it on par with other human rights treaties with such procedures. 47 www1.umn.edu/humanarts/intree/cedawopport_2000.html 22/10/2008
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The OP-CEDAW promotes a better understanding by both States and
individuals of all dimensions of the rights set forth in CEDAW. The
Committee is able to focus on individual cases when considering CEDAW,
and able to say what is required from States in individual circumstances.
This contributes to enhancing jurisprudence that then allows for greater
clarification and guidance on States’ obligations under CEDAW.
The OP-CEDAW also strengthens the enforcement mechanism for CEDAW,
stimulating States to take steps to implement the Convention, and change
discriminatory laws and practices to avoid complaints being made against
them. In addition, the OP-CEDAW goes further than CEDAW’s Article 29,
where two or more State parties can refer disputes about the interpretation
and implementation of CEDAW to arbitration, and if the dispute is not
settled, it can be referred to the International Court of Justice. Article 29 is
subject to a large number of reservations and has never been used. The OP-
CEDAW incorporates a settlement procedure which allows the Committee
to facilitate settlements of disputes in some circumstances.
Gender equality advocates around the world have been working to
encourage their governments to sign on to the OP-CEDAW with some
success – to date there are 94 States parties to the OP. In Southeast Asia, the
Philippines, Thailand, and Timor-Lest have ratified or acceded to the OP-
CEDAW, while Cambodia and Indonesia have signed but not yet ratified it.
State parties must understand that optional protocol is part of a larger and
more effective strategy to strengthen and promote women’s human rights
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Since OP relates to communication and enquiry procedures involving
independent human right actors, ratification of OP makes a state parties
more alert to protects women’s rights and not to be subjected to outside
inquiry procedures
OP ensures relevance of international law at local level and thus makes
CEDAW more effective
When women fail to receive domestic’s remedies, OP is the only mechanism
to bring justice home.48
Controversy
The CEDAW has been controversial for statements seen by some as
promoting radical feminism49. Particularly referenced is a 2000 report
which said that in Belarus50, "the Committee is concerned by the continuing
prevalence of sex-role stereotypes and by the reintroduction of such symbols
as a Mothers' Day51 and a Mothers' Award, which it sees as encouraging
women's traditional roles." Also in 2000, a report on Austria52 linked
privatization53 with "right-wing extremism"54 and suggested that the
government use "federal funding for political parties as an incentive for the
increased representation of women in Parliament" and "integrate gender
studies and feminist research in university curricula and research
programmes”. Other controversial positions of CEDAW include supporting
the decriminalization of prostitution in specific countries, criticizing 48Roche, M. “ The Proposed Optional Protocol to the Convention on the Elimination of all types of Discrimination against Women” March , 3 Human Rights Law and practice, 268 49 en.wikipedia.org/wiki/Radical_feminism50en.wikipedia.org/wiki/Belarus51 en.wikipedia.org/wiki/mothers day52 en.wikipedia.org/wiki/Austria53 en.wikipedia.org/wiki/privatization54 en.wikipedia.org/wiki/right_wing_extremism
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Slovenia because only 30% of children are in daycare, demanding equal
treatment for work of "equal value", and a treaty requirement that nations
"embody the principle of the equality of men and women in their national
constitution or other appropriate legislation." These requests are seen by
Concerned Women for America55 and other anti-feminist56 and Christian
Right57 groups as a backdoor to an Equal Rights Amendment58 or
comparable national legislation. Australian and (defunct) New Zealand
anti-feminist groups voiced similar concerns in the early eighties.
More recently, the controversy concerning CEDAW has centered around the
question of easy access to abortion and contraception. According to C-FAM
(the Catholic Family and Human Rights Institute), at UN meetings officials
pressed the delegation from Colombia to liberalize its abortion laws and to
inaugurate campaigns encouraging contraceptive use and "reproductive
health awareness".
Many Islamic59 countries view the CEDAW as culturally biased towards the
Western nations and have consequently placed reservations on the elements
that they see as in fundamental contradiction with Islamic Sharia60 law.
Major Obstacles to Implementation:The protection that is accorded through the civil laws are outweighed by the
Inequalities reflected in many areas of personal laws governing the life of
women. Women's socio-economic status differs from their legal status. The55 en.wikipedia.org/wiki/Concerned_ Women_ for_ America56 en.wikipedia.org/wiki/ anti_feminist57 en.wikipedia.org/wiki/ Christian- Right58 en.wikipedia.org/wiki/Equal_Rights_Amendment 59 en.wikipedia.org/wiki/Islamic60 en.wikipedia.org/wiki/Sharia
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former often determines the latter. Although the Government is determined
to take steps to eliminate discrimination against women through legal
measures, women cannot even enjoy those rights provided by existing laws
due to the lack of enforcement. The disparity between the rights women
have by law and what they actually enjoy arises partly from the lack of
knowledge of women and men about internationally and nationally
recognized women’s rights and the lack of commitment by the judiciary and
law enforcement agencies. Various procedures make it difficult for women
to access and use the judicial system. For example the language used is
esoteric, the procedures lengthy and therefore costly and the agencies are
often hostile or unsympathetic to women. The proof required filing a case of
domestic violence or rape is an obstacle. The lack of birth registration makes
the enforcement of the Child Marriage Act is difficult. The lack of a central
database on marriage and divorce registrations, or any means of cross-
checking such registrations, means that it is virtually impossible to prevent
polygamy. Although the Muslim Family Law allows women to inherit,
social customs and family pressure often prevent women from claiming their
share. Women lack the financial resources required and lack access to
lawyers and courts which restricts their recourse to the legal system. Laws
on trafficking, for instance, are hard to apply as often members of the law
enforcing agencies are themselves involved in the trafficking activities.61
Chapter-VII
Case Law61
COMBINED THIRD AND FOURTH PERIODIC REPORT ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN IN BANGLADESH (SUBMITTED TO UN CEDAW)
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Sharmin Sultana Shima and Others
Vs.
Bangladesh and Others In September 2002 the ministry of LGRD manifest a circular. According to
this circular one notification will passed that the ward commissioner will
give certificate of birth-death, the supported ownership of death person,
nationality and character for the specified ward. The preserved seats ward
commissioner also helped the authority of census for all kind of men
counting. This circular has some dicrimination form this point will
challenged and filed a writ petition in the High Court Division. Regarding
this writ petition Justice A B M Khairul Haque and Justice Miftah Uddin
declared the circular inconsited with the constitution. This circular are also
inconsisted with Fundamental principle of state policy on this grounds in all
the sector of the state to ensured women joining. According to the
constitution no such discrimination will be made in the regard of preserved
women seat in nominated ward and belongs to such power and liability of
the commissioner. All are equql before do their job. The court also held that,
this preserved seat which commissioner was nominated he may not
discriminate to his all kind of liability and duties.62
BLAST
Vs.
The Ministry of Health
62 Writ Petition No.3304/2003
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In 9th June 2003 the Ministry of Health published a circular regarding health
invigilator post. The application submitted upon 3000. The 11th Para of thus
circular held that, the women must be married for thus post, and the
registration copy will be annexed and that copy must be attested. Gender
discrimination of thus circular will challenged by BLAST, Bangladesh
Mohila Ainjibi Samity and Ain-O-Shalish Kendro filed a writ petition.
Justice Md. Abdul Aziz and Syed Refat Ahmed Justice will passed a ruling
that the government will adjourn the circular and inquire all such circular
notice and passed such interim order. But there such people are so much
needed as regards the government filed a petition to Appellate Division to
bar the decision of High Court Division. Later the both party will came out
at negotiation, and the Ministry of health will conceal all above condition
passed another circular and all appointment will cancelled who will the
previous applicant.63
Md. M. Rahman v. Water Board
In the case of right of promotion of the Diploma-holder promotee Assistant
Engineers and direct recruit Assistant Engineers to the post of Executive
Engineers, the direct recruit Assistant Engineers have got no exclusive legal
63 Writ Petititon No. 6309/2003
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or vested right of promotion to the post of Executive Engineers—Once the
direct recruits and promotees are absorbed in one cadre, they form one class
and there will be no classification for the purpose of promotion to the higher
grades.64
Atninul Islam v. Bangladesh Biman Corporation
Delegated authority must be exercised in accordance with the powers
creating it. [(Majority) per S.M. Husain, J (A.W. Chowdhury, J. concurring)]
Who had participated in the liberation war cannot be objected to on the
ground of alleged violation of Art. 27 and 29 of the Constitution [Per M.H.
Rahman, J (Dissenting)]65
Dr. Abu Ahmed v. Bangladesh
Govt. record must show that the Govt. has considered the necessity of
retirement and the said retirement is in public interest.66
Dr. Nurul Islam v. Bangladesh
In the absence of any guideline either in the Act or with rules compulsory
retirement is violation of Art. 27 and 29 of the Constitution.67
Afia Khatun v. Secretary, Ministry of Works
Classification made among the Govt. Officers cannot be said to have been
made arbitrarily and capriciously.68
64 1981 BCR 37565 1982 BLD 1, 666 1982 BLD 9867 1981 BLD (AD) 14068 44 DLR 225
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Abdus Sattar v. Bangladesh
Section 19(2) of the Cooperative Societies Ordinance, 1984 is not and
unreasonable restriction.69
Afsar Ali v. Bangladesh
A reasonable classification is never ultravires of the equality clause.70
Bangladesh v. Azizur Rahman
The guarantee of equal opportunity in respect of employment is available at
the stage of initial appointment and of promotion.71
Women are not safe in the own house in working place women also face the
discrimination and violence. The writ petition made by India is the glorious
one.
Bishaka and Others69 45 DLR (AD) 6570 43 DLR 59371 46 DLR (AD) 19
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Vs.
Rajasthan Government and Others
Petition No. 666-70/1992The working women will felt rape by several person, she will appointed by
government named Bishaka, lived in a village of Rajasthan, for thus regards
the several government and non government will filed a petition. The main
issue of this petition is the proper definition of gender discrimination and
gender equality. In true sense to implement fundamental rights stop the
violence against women. In this suit also described upon equal rights,
occupation and take scholarship, to maintain business, living rights will be
implement as fundamental rights. The honorable court will described Beijing
Statements of the Independence of the Judiciary in Law Asia Region 1995
and the principle of CEDAW document. For this regards the law of Civil
Procedure Code and Penal Code of India are not enough to stop the violence
against women, for this purpose make such rules regarding gender
discrimination and stop violence in working place. The judgment of this case
held that, physical touch, and try to intimate body make such demand and
offer, sexual comment, showing porn picture, to make such type of speech or
showing any symbol of sexual harassment will held as sexual violence. In
the case of Bishaka which rights are explained the Constitution of
Bangladesh guaranteed all this rights- Right to protection of law (Art-31),
Discrimination on grounds or rights [Art-28(1)], and Freedom of profession
or occupation (Art-40), Equality before law (Art-27). But those rights are
violated every moment. Women are make fight to secure herself from
gender discrimination and violence against women. All working women will
secured from their physical security the judgment of this case will preclude
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this. The rulings of this case will enforce in Bangladesh and play a vital role
against women violence.72
The Historical Judgment of High Court Division
Regarding Fatwa
Editor, The Daily Bangla Bazar Patrika and other Versus District
Magistrate and Deputy Commissioner, Naogoan.
Fact:In the district of Naogoan the couples Saiful and Sahida are the party of this
case. One year have been passed in the provoking moment Saiful declared
talak his wife Sahida this declaration made by orally. Then they made
negotiation themselves and carry on their family life. After one year later in
absence of Saiful the member of village Hazi Azizul Haque made objection
of Sahida’s marital life.
If she continues her marital life she will have to under go Hila Marriage,
without her consent the hila marriage was arrange the maternal brother
shamsul of Saiful. When the husband of Sahida came back home he heared
the total fact and denied to take her, and sent her in the father’s house. In 2nd
December 2000 Daily Bangla Bazar will published the news, the High Court
Division will ask question to the Deputy Commissioner why unable to take
step about fatwa. In this regards the rule of sua moto will be filed. Ain O
Shalish Kendro will join as intervenor and the honorable court will gave
judgment in this behalf, to prohibition of Islamic rule state will consider the
72 AIR 1997 SC 3011
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constitution Art-41(1) held that- religious freedom, morality, and to ensure
security whole book are recommended with Family law ordinance. And all
school and madrasa will bound to teach thus ordinance. The Khatib of the
mosque also gave clear conception regarding this ordinance when he read
Khutba in Friday Jumma waqt. For this result the all men are well known
about this matter.
Judgment: In January 2001 Justice Golam Rabbani and Nazmun Ara Sultana passed
judgment, that fatwa is a lawful interpretation given by law maker. This
judgment also consider that if any problem will arise regarding Muslim Law
and need any recommendation the court have such jurisdiction to made
judgment about this matter. So High court gave judgment that any fatwa
will not passed by legal authority that should be void.73
7321 BLD 2001 (HCD) 45
Dalia Parveen Vs. Bangladesh Biman Corporation
Dalia Parveen join as an air hostage in Bangladesh Biman Corporation in 3 rd
September 1981. In 1985 she got the permanent entrance. In 4th February
1985 Bangladesh Biman Corporation make an ordinance about working rule,
the rule 11 will take place changed. This amend held that the leaving period
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of job age limit for air hostage, the age limit decreased from 57 to 35 for
women and men are able to do their job in age of 45 years. For this
amendment Dalia parveen faced the gender discrimination. Dalia Parveen
file a writ petition in the High Court Division against Bangladesh Biman
Corporation. The peoples Republic of the Constitution Article-28 held that
Dalia Parveen lost her fundamental rights. Which also violate the act of
Employer Retired Act, 1974.
On this writ petition the court held that, the amendment of this ordinance
made by Bangladesh Biman Corporation was illegal it have no such
legality.74
74 48 DLR 1999
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Hefjur Rahman Vs. Shamsunnahar Source: 51 DLR(AD) 1999 Page-172
Fact:
In this case defendant Hefjur Rahamn married plaintiff Shamsunnahar at
25/3/1985 the dower is 50,001 taka and in 15/12/1987 a male child was
bron. Here seen that in that marriage began Hefjur Rahman got marriage one
in this family he left two daughters.
In 10/8/1988 Hefjur Rahman gave divorce to Shamsunnahar. Then
Shamsunnahar file case for Dower and Maintenance for child at Comilla
Daudkandi Family Courts. The guardian gave Hefjur Rahman 66,000 taka as
a gift, the gift item held as furniture, hand watch, others gift and in later they
also gave 50,000 taka for making house. For this purpose Hefjur Rahman
Demand dowry. If such dowry will not paid by Shamsunnahar she will
facing various kind of violence, at this moment Hefjur sent back
shamsunnahar at 15/4/1987, this time shamsunnahar is pregnant. Then the
time shammsunnahar lived at fathers house thana Daudkandi village
chorpara. In 15/12/1987 the male child was born. Hefjur didn't take news of
his child. He will lived to his previous wife. Shamsunnahar filed suit for
April 1987 to 1988 November per month taka 1000 will empowered to
posses 20,000 taka and for her child 12,000 taka. In the written statement
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Hefjur Rahman denied to his divorce and at 25/3/1985 he trust the marriage
and he also said that she have a illegal sexual relation with Abdul Jalil.
When Hefjur Rahman will obstruct this matters Shammsunnahar demanding
divorce, before the divorce he sent money 30,000 taka by money order for
their children. At one moment the came at negotiation and lived with
shamsunnahar at Mughda a rent house. Later 16/6/1988 he leave her the own
house of Chittagong. In 1/7/1988 Shamsunnahar leave the house with
unknown man and live with Abdul Jalil. He didn't tolerate this matter and
gave divorce Shamsunnahar. Shamsunnahar will get decree from Family
Court of Daudkandi Suit No. 60/88, for this regards 89,000 taka will be paid
by Hefjur Rahman. Hefjur Rahman will filed appeal against this judgment to
Qumilla District court at 30/10/1990 when such appeal will heared by
District Judge and passed judgment he will contained the lower court
judgment he reduce some money from 89,000 taka to 72,600 taka and it will
be paid uoto 30 days.
The defendant will not happy about this judgment and filed civil revision no.
2067/92 to the High Court Division. Honorable justice Golam Robbani will
held this judgment he will fixed the money of maintenance of child taka
1000. But the judgment of 6000 taka given by district judge will repeal. The
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honorable High Court division will make rulings for the Family Court and
District Judge court the maintenance will be given to iddat period time. The
new question arise that Shamsunnahar when the next marriage will be
arrange the maintainance money will be gave.
Then the defendant will filed an appeal to the appellate division in Supreme
Court Appeal no. 130/97. Appellate division will scrutinize the judgment of
maintenance. There have no such jurisdiction of High Court division to fixed
the amount of money fixed by lower court and district judge court. No
appeal shall lie upon by Shamsunnahar.75
51 DLR (AD) 1999
Chapter-VIII
Concluding RemarksAn excellent and impressive amount of work is being conducted globally to
ensure to women both awareness of and access to the full range of healthcare
facilities. Initiatives undertaken have been many and varied but have
delivered results where most needed. Civil society organizations and NGOs
have worked and are working tirelessly with each, with their States and with
the provisions of the CEDAW Convention to ensure the issues is at the
forefront of State awareness both nationally and internationally.
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Unfortunately however, much remains to be done.
State initiatives with impressive titles and media attention must be
welcomed but they must be analyzed for their content and impact on the
ground level. States must not be permitted to neglect their responsibilities by
committing resources to the reproductive field and the expense of general
healthcare needs (such as women's mental health, the health needs of elderly
women, critical illnesses such as breast cancer, TB and other diseases,
nutrition etc.). Healthcare issues, which confine women's bodies to
reproductive functions, must be approached with extreme caution. While it
is of vital importance that women's reproductive health needs are met, they
must not be allowed to overshadow the all encompassing right to health by
all citizens, and in particular, all women.
The CEDAW Convention, if used and implemented will deliver results.
States parties and those working at the local and national level must be
aware of what the rights contained in the Convention are, and then they must
work towards their full implementation. Further, once successes have been
achieved and rights have been enshrined, they must be consistently
monitored for impact to ensure constant results. As one of the most highly
ratified UN conventions (177 to date), the CEDAW Convention is binding
on states parties. For those whose countries have been reviewed by the
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CEDAW Committee, much benefit can and will be derived by following-up
on the implementation of the Concluding Comments on health.
The right to health, so often promoted as being a right to health throughout a
woman's lifecycle, is a right which is, throughout the world in varying stages
of evolution. We can surely learn from each other and from the direction of
the CEDAW Committee, what steps we need to take in our respective States
parties to ensure that evolution continues in the right direction.
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