JUSTICE OF LAW: gender equality

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09/12/11

Gay rights movement

The political battle for gay rights has been won, according to Henk Krol, editor of gay newspaper Gay Krant in free paper Spits on Thursday.

'We have fought for equal rights before the law and won them,' the paper quoted Krol as saying. 'We can get married. The days of storming parliament are far behind us.'

However, this does not mean the gay rights movement can be broken up, Krol said. 'The emphasis is no longer on equal rights… The movement must focus on social questions such as anti-gay violence and raising the acceptance of homosexuality within certain circles.'

Several months ago, the Gay Krant set up a hotline for gay people to report incidents of violence and bullying. So far, 200 cases have been reported. According to research by the government's socio-cultural planning office last year, just 9% of the Dutch population still have 'serious objections' to homosexuality, down from 15% in 2006.

Anti-gay sentiment is particularly prevalent in fundamentalist religious groups. Nevertheless, one in five people don't think gay people should be allowed to adopt children and one in 10 thinks same sex marriage should be abolished. Some 40% of the population feel uncomfortable if they see two men kiss in the street.

Earlier stories Gays want real rights. Read at this http://adf.ly/48U0L

01/01/11

STOP Rape

Rape shield laws are statutes or court rules that limit the introduction of evidence about a victim's character history, reputation or past conduct during a rape trial. One ostensible objective of these laws is to help ensure that rape victims are treated with fairness, dignity and respect during a criminal trial

"There is one custom amongst these people which is wholly shameful: every woman who is native of the country must once in her life go and sit in the temple of Mylitta and there give herself to a strange man....Once a woman has taken her seat, she is not allowed to go home until a man has thrown her a silver coin into her lap and taken her outside to lie with her. As he throws the coin, the man has to say, 'In the name of the goddess Mylitta'...When she has lain with him, her duty to the goddess is discharged and she may go home" (Herodotus, Histories; 1.199).

A few days ago in Karachi, a horrific though not uncommon incident took place that shakes the very moral fabric of our society. A woman was allegedly abducted, gang-raped and later dumped in a posh locality of the city by unidentified men. The alleged perpetrators are being apprehended and the case is under investigation. It is premature to comment on the outcome of the investigation. Yet the alleged incident and, equally significantly, the response to it raise broader fundamental questions regarding the kind of society that we have become.

The initial statements made by the police authorities were understandably vague as they were made prior to a detailed investigation. However, there were insinuations made regarding the character, manner of dressing, etc, of the survivor by the police, media personnel and politicians, which are a cause for greater alarm. Rape, historically, was considered an instrument for the moral condemnation of women who have not led sexually chaste lives. The law traditionally mandated that the sexual history of a woman who alleged that she was raped was relevant to the truth of her allegation. A chaste woman was considered more likely to have resisted the unwelcome advances and to have lodged a legitimate claim of rape. The absurdity of this argument is intuitive, yet our societal handling of rape cases seems to betray this obvious understanding.

According to the Aurat Foundation, 483 cases of rape/gang-rape in Pakistan (377 in Punjab; 95 in Sindh; four in Khyber Pakhtunkhwa; four in Balochistan; three in Islamabad) were reported in the first half of 2010. Given the stigma attached with reporting a rape claim and enduring the ordeal of a public trial, it is safe to assume that the actual incidence of rape is likely to be much higher than the reported figures. These statistics paint a ghastly picture. The victims of rape in a country like ours suffer more than merely the trauma stemming from the incident, both physically and psychologically. They and their families also suffer from the effects of intimidation, ridicule, rude speculations and overall diminished social status. The prospect of being tormented in a police station and/or a courtroom is enough to deter many women from bringing in rape claims.

In the 1970s, 'rape shield laws' emerged in the jurisprudence of the US and subsequently Europe with the objective of curtailing the excesses of the chastity requirement. Legislators in those jurisdictions concluded that it was illogical to assume that the complainant consented to intercourse with the accused, or was more likely to lie under oath, simply because of her past character history, profession or the manner in which she chooses to dress. This logic eludes not only our legislators but society as a whole.

Rape shield laws are statutes or court rules that limit the introduction of evidence about a victim's character history, reputation or past conduct during a rape trial. Rape shield laws generally prohibit the introduction of opinion and reputation evidence about the character history of the victim. They also typically provide that evidence of specific prior conduct of the victim is presumed irrelevant unless it is direct evidence of the source of the incident. One ostensible objective of these laws is to help ensure that rape victims are treated with fairness, dignity and respect during a criminal trial by ensuring that the victim will not be subject to a public airing of her reputation, past conduct, and other irrelevant information. Rape shield laws were designed, in part, to make it more likely for victims to come forward. If rape victims have their entire character history revealed and examined in court as part of a rape prosecution, it is likely that such exposure will deter other victims from reporting rape. This is especially relevant for a society like ours having a misogynist legal and political system that seeks to exclude women at a systemic level. General Musharraf, once commenting on the Mukhtaran Mai case, observed that Pakistani women have come up with a particularly arduous scheme of obtaining foreign visas - by getting raped.

The reaction of our society, police, media and authorities to rape claims is geared towards discouraging rape victims (inadvertently in certain cases) to come forth and prosecute offenders. The legislators have to consider adopting a variant of the rape shield laws in Pakistan, if we aim to curtail the incidence of rape.

23/10/10

Deccan Chronicle on trafficking

There can be nothing worse than a father selling his daughter for the sake a few extra bucks. We speak to some such survivors. AMY ROSE THOMAS DECCAN CHRONICLE My father is my worst enemy��

It is hard tocomprehend what a young girl has been put through for her to utter these words. For a girl, her father is the ultimate hero who can do nothing wrong. So imagine her plight when the same father pushes her into prostitution. Unfortunately such incidents do still take place in our society. Last week at Ramapuram in Kadapa district, a man tried to auction his six-yearold daughter, in a desperate attempt to buy liquor. When the owner of a liquor shop denied Krishnaiah booze as he had already run up a hefty tab, the latter took his daughter to the nearby village and put her up for sale in an open auction.

The bid started at Rs 300 and a person named Mohd. Basha ultimately bought her for Rs 1,000. Once alerted, the police rushed to the spot and apprehended Krishnaiah while Basha abandoned the child and fled. But this is not an isolated case. Lakshmi, too faced a similar predicament, when her father tried to force her into the flesh trade.

��My father forcibly took my sisters and me to Guntur where he sold me for Rs 15,000. That was the day I realised that my father is my worst enemy,�� says Lakshmi, adding, ��His name is Balaram and he is responsible for breaking up my family. It is because of him that I cannot see my mother. My father was addicted to alcohol and would beat my mother. We were three sisters. My sisters Karuna and Ramya are much younger to me. My father used to be very suspicious of my mother and used to complain that she was over-friendly with other men. This was not true. All my sisters and I could do was cry while he beat our mother black and blue. Fed up with the ill treatment and constant abuse, my mother ran away to a relative��s place.�� While Lakshmi was still reeling from this shock, her father took them
to Guntur against their will. ��Even in Guntur, he used to drink a lot.

One day he took me to a brothel and sold me to a person called Ramana. When I heard their conversation, I was shocked. That is when I understood why he had taken me there. However, I did not relent when they insisted that I should sleep with costumers. My father was called and they asked him to take me back home as I was too young and refused to do as they bid. Furious, my father took me home and kept me locked up. He also threatened to push me into the flesh trade.�� This continued for quite some time, till Lakshmi decided to make an escape. "Under the pretext of using the washroom, I went to my neighbour's house and informed them of my plight. I was rescued by an NGO and now stay in a home. My sisters also stay with me. They are also studying. I would never allow such things to happen to my sisters. I am very protective of them. My father is currently serving a sentence in prison. I don't miss him though I do think about my mother often.

After my sisters and I were shifted to the home, my mother came over to visit me. She wanted to take us to her place but was scared of my father. She does keep in touch and that in itself is a relief," says Lakshmi. Experts say that such incidents usually occur in homes where there is no woman to care of the kids. In another incident, Lalita's mother died when she was young and her father had remarried.

08/07/10

Female genital mutilation

Female genital mutilation (FGM), also known as female circumcision or female genital cutting, is defined by the World Health Organisation (WHO) as "all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons".

It is estimated that approximately 100-140 million African women have undergone FGM worldwide and each year, a further 3 million girls are estimated to be at risk of the practice in Africa alone. Most of them live in African countries, a few in the Middle East and Asian countries, and increasingly in Europe, Australia, New Zealand, the United States of America and Canada.

The procedure is traditionally carried out by an older woman with no medical training. Anaesthetics and antiseptic treatment are not generally used and the practice is usually carried out using basic tools
such as knives, scissors, scalpels, pieces of glass and razor blades. Often iodine or a mixture of herbs is placed on the wound to tighten the vagina and stop the bleeding.

The age at which the practice is carried out varies, from shortly after birth to the labour of the first child, depending on the community or individual family. The most common age is between four and ten, although it appears to be falling. This suggests that circumcision is becoming less strongly linked to puberty rites and initiation into adulthood.

FGM types and terms

The World Health Organisation has classified FGM into four types. As well as the term Female Genital Mutilation, there are a number of other terms or names used to describe the practice, perhaps most common, female circumcision or female genital cutting (FGC). FORWARD chooses to use the term Female Genital Mutilation (FGM) as we believe that it is the term that most accurately depicts the true nature of FGM. For definitions of the different types of FGM, and a list of the different terms used to refer to FGM click here. <http://www.forwardu k.org.uk/ key-issues/ fgm/definitions> Where is FGM Practised?

The majority of cases of FGM are carried out in 28 African countries. In some countries, (e.g. Egypt, Ethiopia, Somalia and Sudan), prevalence rates can be as high as 98 per cent. In other countries, such as Nigeria, Kenya, Togo and Senegal, the prevalence rates vary between 20 and 50 per cent. It is more accurate however, to view FGM as being practised by specific ethnic groups, rather than by a whole country, as communities practising FGM straddle national boundaries. FGM takes place in parts of the Middle East, i.e. in Yemen, Oman, Iraqi Kurdistan, amongst some Bedouin women in Israel, and was also practised by the Ethiopian Jews, and it is unclear whether they continue with the practice now that they are settled in Israel. FGM is also practised among Bohra Muslim populations in parts of India and Pakistan, and amongst Muslim populations in Malaysia and Indonesia.

As a result of immigration and refugee movements, FGM is now being practiced by ethnic minority populations in other parts of the world, such as USA, Canada, Europe, Australia and New Zealand. FORWARD estimates that as many as 6,500 girls are at risk of FGM within the UK every year. Consequences of FGM Depending on the degree of mutilation, FGM can have a number of short-term health implications:

1. severe pain and shock
2. infection
3. urine retention
4. injury to adjacent tissues
5. immediate fatal haemorrhaging

Long-term implications can entail:

1. extensive damage of the external reproductive system
2. uterus, vaginal and pelvic infections
3. cysts and neuromas
4. increased risk of Vesico Vaginal Fistula
<http://www.forwardu k.org.uk/ key-issues/ fistula>
5. complications in pregnancy and child birth
6. psychological damage
7. sexual dysfunction
8. difficulties in menstruation

In addition to these health consequences there are considerable psycho-sexual, psychological and social consequences of FGM.

Justifications of FGM

The roots of FGM are complex and numerous; indeed, it has not been exactly possible to determine when or where the tradition of FGM originated.

The justifications given for the practise are multiple and reflect the ideological and historical situation of the societies in which it has developed. Reasons cited generally relate to tradition, power inequalities and the ensuing compliance of women to the dictates of their communities

Reasons include:

1. custom and tradition
2. religion; in the mistaken belief that it is a religious requirement
3. preservation of virginity/chastity
4. social acceptance, especially for marriage
5. hygiene and cleanliness
6. increasing sexual pleasure for the male
7. family honour
8. a sense of belonging to the group and conversely the fear of social exclusion
9. enhancing fertility

Many women believe that FGM is necessary to ensure acceptance by their community; they are unaware that FGM is not practised in most of the world.

06/07/10

the Empowerment of International Women

In an historic move, the United Nations General Assembly voted unanimously today to create a new entity to accelerate progress in meeting the needs of women and girls worldwide.

The establishment of the UN Entity for Gender Equality and the Empowerment of Women — to be known as UN Women — is a result of years of negotiations between UN Member States and advocacy by the global women’s movement. It is part of the UN reform agenda, bringing together resources and mandates for greater impact.

“I am grateful to Member States for having taken this major step forward for the world’s women and girls,” said Secretary-General Ban Ki-moon in a statement welcoming the decision. “UN Women will significantly boost UN efforts to promote gender equality, expand opportunity, and tackle discrimination around the globe.”

UN Women merges and will build on the important work of four previously distinct parts of the UN system which focus exclusively on gender equality and women’s empowerment:

- Division for the Advancement of Women (DAW, established in 1946)
- International Research and Training Institute for the Advancement of Women (INSTRAW, established in 1976)
- Office of the Special Adviser on Gender Issues and Advancement of Women(OSAGI, established in 1997)
- United Nations Development Fund for Women (UNIFEM, established in 1976)

“I commend the leadership and staff of DAW, INSTRAW, OSAGI and UNIFEM for their commitment to the cause of gender equality; I will count on their support as we enter a new era in the UN’s work for women,” said Secretary-General Ban. “I have made gender equality and the empowerment of women one of my top priorities — from working to end the scourge of violence against women, to appointing more women to senior positions, to efforts to reduce maternal mortality rates,” he noted.

Over many decades, the UN has made significant progress in advancing gender equality, including through landmark agreements such as the Beijing Declaration and Platform for Action and the Convention on the Elimination of All Forms of Discrimination Against Women. Gender equality is not only a basic human right, but its achievement has enormous socio-economic ramifications. Empowering women fuels thriving economies, spurring productivity and growth.

Yet gender inequalities remain deeply entrenched in every society. Women in all parts of the world suffer violence and discrimination, and are under-represented in decision-making processes. High rates of maternal mortality continue to be a cause for global shame. For many years, the UN has faced serious challenges in its efforts to promote gender equality globally, including inadequate funding and no single recognized driver to direct UN activities on gender equality issues.

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*UN Women — which will be operational by January 2011* — has been created by the General Assembly to address such challenges. It will be a dynamic and strong champion for women and girls, providing them with a powerful voice at the global, regional and local levels. It will enhance, not replace, efforts by other parts of the UN system (such as UNICEF, UNDP, and UNFPA) that continue to have responsibility to work for gender equality and women’s empowerment in their areas of expertise.

UN Women will have two key roles: It will support inter-governmental bodies such as the Commission on the Status of Women in their formulation of policies, global standards and norms, and it will help Member States to implement these standards, standing ready to provide suitable technical and financial support to those countries that request it, as well as forging effective partnerships with civil society. It will also help the UN system to be accountable for its own commitments on gender equality, including regular monitoring of system-wide progress.

Secretary-General Ban will appoint an Under-Secretary- General to head the new body and is inviting suggestions from Member States and civil society partners. The Under-Secretary- General will be a member of all senior UN decision-making bodies and will report to the Secretary-General.

The operations of UN Women will be funded from voluntary contributions, while the regular UN budget will support its normative work. At least US$500 million — double the current combined budget of DAW, INSTRAW, OSAGI, and UNIFEM – has been recognized by Member States as the minimum investment needed for UN Women.

“UN Women will give women and girls the strong, unified voice they deserve on the world stage. I look forward to seeing this new entity up and running so that we — women and men — can move forward together in our endeavour to achieve the goals of equality, development and peace for all women and girls, everywhere,” said Deputy Secretary-General Asha-Rose Migiro.

The General Assembly resolution creating UN Women also covers broader issues related to UN system-wide coherence, laying out a new approach to the funding of UN development operations, streamlining the work of UN bodies, and improving methods of evaluating reform efforts.

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*ICYO believe that merger of these women related UN organizations in one bigger structure an headed by Under-Secretary- General will help the better delivery system of programs. ICYO hope, empowerment program for women will be more realistic & effective. The young women suffer most, may be benefited by this structural reform in United Nations system**. ***