Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 3, Issue Special, May 2013
Articles

The Sisyphus Trap: The Committee on the Elimination of All Forms of Discrimination against Women on Eliminating Gender Stereotypes in South Asia

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  • Hasini Rathnamalala
Hasini Rathnamalala
General Sir John Kotelawala Defence University
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Published 2013-05-31

How to Cite

Rathnamalala, H. (2013). The Sisyphus Trap: The Committee on the Elimination of All Forms of Discrimination against Women on Eliminating Gender Stereotypes in South Asia. Kathmandu School of Law Review, 3(Special), 78–89. Retrieved from https://kslreview.org/index.php/kslr/article/view/1004

Abstract

One of the main obstructions in the progressive realisation of women’s international human rights is the societal norms on gender. Gender stereotypes affect the lives of women from the day they are born. This paper elucidates on how gender stereotypes have put women in disadvantageous position. The paper also examines the interpretation of gender stereotypes by the Committee on the Elimination of all forms of Discrimination against Women in selected South Asian countries. In addition, the Committee’s approach to eliminate gender stereotypes in its respective domains, particularly in its concluding observations on the selected countries and in its General Recommendations are also discussed.

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References

  1. Convention on Elimination of Discrimination against Women (entered into force 3 September 1981) 1249 UNTS 13 (CEDAW), 34 UN GAOR Supp No. 46 193; UN Doc A/34/46 (CEDAW or the Convention).
  2. Sophia R. Moreau, ‘The Wrongs of unequal Treatment’ (2004) 54 University of Toronto LawJournal, 291-326 in Rebecca J Cook & Simone Cusrack, Transnational legal perspective (University of Pennsylvania Press 2009).
  3. Ibid.
  4. This phenomenon is common to many South Asian countries. But it should be noted, that it depends on the society women live as well. Most of the times, women who are in modernized and economically developed societies are less affected than the women who are in the rural and underdeveloped societies in the same country.
  5. Catherine Hill, Christianne Corbett & Andresse St. Rose, Why so few? Women in Science Technology, Engineering and Mathematic (American Association of University Women University of Pennsylvania Press 2010) 51-57.
  6. Ibid 55.
  7. Cook (n 3).
  8. Ibid.
  9. Ibid.
  10. Moreau (n 3).
  11. A form of customary law.
  12. Ibid 13.
  13. CEDAW (n 2) art 2(e).
  14. ‘social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole’. See also articles 4(2) and 5.
  15. Ibid.
  16. Ibid art 5.
  17. CEDAW (n 2) art 10.
  18. Ibid.
  19. ‘States parties should explain the reason for, and effect of, any reservations to articles 7 or 8 and indicate where the reservations reflect traditional, customary or stereotyped attitudes towards women's roles in society, as well as the steps being taken by the States parties to change those attitudes.’ States Committee on the Elimination of Discrimination against Women, General Recommendation 23, Political and Public Life U.N. Doc. A/52/38/Rev.1 at 61 (1997), U.N. Doc.
  20. HRI/GEN/1/Rev.6 (2003) para 8.
  21. General Recommendation No. 23 (16th session, 1997) in http://www.un.org/womenwatch/daw/ cedaw/recommendations/recomm.htm#recom23 accessed December 2012.
  22. In all nations, the most significant factors inhibiting women's ability to participate in public life have been the cultural framework of values and religious beliefs, the lack of services and men's failure to share the tasks associated with the organization of the household and with the care and raising the children. In all nations, cultural traditions and religious beliefs have played a part in confining women to the private spheres of activity and excluding them from active participation in public life. Ibid.
  23. Societies in which women are excluded from public life and decision-making cannot be described as democratic. Ibid.
  24. ‘The need to reduce gender disparities had been stressed, and the implementation of projects concerning women had been outlined. The Committee noted that some problems being faced by women in Bangladesh were based on personal laws, which included religious and customary practices. Committee on the Elimination of Discrimination Against Women, Concluding Observations: Bangladesh UN Doc A/48/38 (1993) paras 248-326.
  25. ‘Progress in the removal of disparities was slow since women were subject to discrimination both in cultural practice and in personal law.’ Committee on the Elimination of Discrimination Against Women, Concluding Observations: Bangladesh UN Doc. A/52/38/Rev.1, Part II (1997) paras 409464.
  26. Ibid.
  27. Ibid.
  28. Committee on the Elimination of Discrimination against Women, Concluding observations of the Committee on the Elimination of Discrimination against Women: Bhutan U.N Doc. CEDAW/C/BTN/CO/7 (2009).
  29. Ibid.
  30. The Committee urges the State party to review its reservations to articles 5 (a) and 16 (1) with a view to withdrawing them, to proactively initiate and encourage debate within the relevant communities on gender equality and the human rights of women and, in particular, work with and support women’s groups as members of these communities so as to (a) modify social and cultural patterns of conduct to achieve elimination of prejudices and practices based on stereotyped roles for men and women…’ Committee on the Elimination of Discrimination against Women, Concluding Observations of the Committee on the Elimination of Discrimination against Women: India U.N. Doc. CEDAW/C/IND/CO/3 (2007) paras1-68.
  31. Committee on the Elimination of Discrimination Against Women, Concluding Observations: India UN Doc CEDAW A/55/38 (2000) paras 30-90.
  32. Committee on the Elimination of Discrimination Against Women, Concluding Observations: Maldives UN Doc CEDAW A/56/38 (2001) paras 114-146.
  33. Concluding Observations of the Committee on the Elimination of Discrimination against Women: Maldives UN Doc. CEDAW/C/MDV/CO/3 (2007) paras 1-43.
  34. The Committee is concerned at the persistence of discriminatory cultural practices and stereotypes relating to the roles and responsibilities of women and men in all areas of life, and by deep-rooted patriarchal attitudes and conduct based on the assumed superiority of men in the public and private spheres and the strong perception that women are weak and vulnerable, which undermine women's social status and are an obstacle to the implementation of the Convention. Concluding Observations of the Committee on the Elimination of Discrimination Against Women, Nepal UN Doc A/59/38 (2004) paras 189-225.
  35. Committee on the Elimination of Discrimination against Women, Concluding comments of the Committee on the Elimination of Discrimination against Women: Pakistan U.N. Doc. C/PAK/CO/3 (2007) paras 1-53.
  36. Committee on the Elimination of Discrimination against Women, Concluding comments of the Committee on the Elimination of Discrimination against Women: Sri Lanka UN Doc A/47/38 (1992) paras 374-413.
  37. It also recommends that information on the content of the Convention be disseminated in the educational system, including in the rural (atoll) areas, that school textbooks and teaching materials be reviewed and revised and that human rights education have a gender perspective, with a view to changing existing stereotypical views on and attitudes towards women’s and men’s roles in the family and society and creating an environment that is supportive of the practical realization of the principle of equality of women and men. It recommends that the media continue to be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres. Concluding comments of the Committee on the Elimination of Discrimination against Women: Maldives, UN Doc CEDAW/C/MDV/CO/3 (2007) paras 1-43. The Committee calls on the State party to allocate more financial and human resources to the education sector, to recruit more women teachers and to ensure that school textbooks do not carry stereotyped images of women. Concluding Observations of the Committee on the Elimination of Discrimination Against Women, Nepal, U.N. Doc. A/59/38, 2004, paras 189225. The Committee commends the educational achievements and improved literacy rate of women, as well as the curriculum reforms and teacher training programmes to eliminate gender role stereotypes. Committee on the Elimination of Discrimination Against Women, Concluding Observations: Sri Lanka UN Doc CEDAW A/57/38 (2002) paras 256-302.
  38. Committee on the Elimination of Discrimination Against Women, Concluding Observations: Nepal UN Doc A/54/38/Rev.1 (1999) paras. 117-160.
  39. Ibid.
  40. “In line with its previous recommendations (A/59/38), the Committee urges the State party to analyse existing traditions and stereotyped views in order to assess their impact on the achievement of gender equality. It recommends that policies be developed and programmes be directed at men and women to support the elimination of stereotypes associated with traditional roles in the family, the workplace and society at large, and to prevent the emergence of new stereotypes that are discriminatory against women. It also recommends that the media be encouraged to project a positive image of women and the equal status and responsibilities of women and men both in the public and private spheres.”Committee on the Elimination of Discrimination against Women Concluding observations of the Committee on the Elimination of Discrimination against Women: Bhutan UN Doc CEDAW/C/BTN/CO/7 (2009) paras 1-44.
  41. The Committee (n 31).
  42. Mendis,Samararatne-Watson,Dawood & Rathnamalala; Perceiving Perceptions: A Study on the Perceptions of Undergraduates in Law on the Relevance of Gender on Roles in Legal Education and within the Legal Profession (Centre for the Women’s Research 2007) 42 CEDAW (n 2).
  43. ‘The legal profession consisted entirely of males until the Sex Disqualification Removal (Legal Profession) Ordinance (No. 25) 1933, was passed on the 14th of November of that year. Sex Disqualification Removal (Legal Profession) Ordinance (No. 25) 1933 3 Legal Enactments 116.
  44. Ibid 13.
  45. Ibid.