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Thesis PaperOn

Commitment of Bangladesh to CEDAW

Submitted byWWW.ASSIGNMENTPOINT.

COM

www.AssignmentPoint.com1

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


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


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


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


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


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


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:


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


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


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.


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


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


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


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


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


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


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


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


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


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;


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


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


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


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:


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:


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:


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;


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


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


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.


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.


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


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.


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


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


http://en.wikipedia.org/wiki/United_States


http://en.wikipedia.org/wiki/1981

http://en.wikipedia.org/wiki/September_3

http://en.wikipedia.org/wiki/Woman

http://en.wikipedia.org/wiki/Bill_of_rights

http://en.wikipedia.org/wiki/Bill_of_rights

http://en.wikipedia.org/wiki/United_Nations_General_Assembly

http://en.wikipedia.org/wiki/United_Nations


“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,


http://en.wikipedia.org/wiki/Gender_equality

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


http://en.wikipedia.org/wiki/Legislative_Yuan

http://en.wikipedia.org/wiki/Legislative_Yuan

http://en.wikipedia.org/wiki/National_Alliance_of_Taiwan_Women's_Associations


http://en.wikipedia.org/wiki/Vatican_City

http://en.wikipedia.org/wiki/Niue

http://en.wikipedia.org/wiki/Tonga

http://en.wikipedia.org/wiki/Sudan

http://en.wikipedia.org/wiki/Somalia

http://en.wikipedia.org/wiki/Qatar

http://en.wikipedia.org/wiki/Palau

http://en.wikipedia.org/wiki/Nauru

http://en.wikipedia.org/wiki/Iran

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:


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,


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.


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:


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.


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


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


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;


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.


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.


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;


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.


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.


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


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.


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.


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)


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


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


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


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


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:


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).


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


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).


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).


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


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


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


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


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.


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'.


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


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.


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


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.


http://en.wikipedia.org/wiki/Optional_Protocol_to_the_Convention_on_the_Elimination_of_All_Forms_of_Discrimination_against_Women

http://en.wikipedia.org/wiki/Optional_Protocol_to_the_Convention_on_the_Elimination_of_All_Forms_of_Discrimination_against_Women

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



http://en.wikipedia.org/wiki/December_22


http://en.wikipedia.org/wiki/October_6

http://en.wikipedia.org/wiki/October_6

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


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


http://en.wikipedia.org/wiki/Far_right

http://en.wikipedia.org/wiki/Privatization

http://en.wikipedia.org/wiki/Austria

http://en.wikipedia.org/wiki/Mothers'_Day

http://en.wikipedia.org/wiki/Belarus

http://en.wikipedia.org/wiki/Radical_feminism

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


http://en.wikipedia.org/wiki/Sharia

http://en.wikipedia.org/wiki/Islamic

http://en.wikipedia.org/wiki/Sharia

http://en.wikipedia.org/wiki/Islamic

http://en.wikipedia.org/wiki/Equal_Rights_Amendment

http://en.wikipedia.org/wiki/Christian_Right

http://en.wikipedia.org/wiki/Christian_Right

http://en.wikipedia.org/wiki/Anti-feminist

http://en.wikipedia.org/wiki/Concerned_Women_for_America

http://en.wikipedia.org/wiki/Concerned_Women_for_America

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)


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


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


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


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


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


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


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


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


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


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


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.


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


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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