HUMAN RIGHTS AND GENDER JUSTICE: A CRUCIAL INTERSECTION BY: SONA KAUSHIKI

HUMAN RIGHTS AND GENDER JUSTICE: A CRUCIAL INTERSECTION

 

AUTHORED BY: SONA KAUSHIKI

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

 

 

ABSTRACT

Human rights and gender justice are deeply interconnected, forming a crucial foundation for a fair and equitable society. This paper explores the nexus between human rights and gender justice, highlighting the importance of recognizing and addressing gender-based discrimination and violence within the framework of human rights. It examines key issues such as access to education, healthcare, employment, and political participation, which are fundamental human rights often denied or restricted based on gender.

 

The paper argues that achieving gender justice is essential for upholding human rights for all individuals, irrespective of their gender identity. It emphasizes the need for legal and policy frameworks that promote gender equality and protect against discrimination and violence. Furthermore, it underscores the role of education and awareness in challenging gender stereotypes and promoting a culture of respect and equality.

 

Keywords: Human rights, Gender justice, Gender equality, Discrimination, Violence, Legal frameworks.

 

INTRODUCTION

Human rights and gender justice are foundational principles of a just and equitable society. Human rights encompass the inalienable rights and freedoms that every individual is entitled to, regardless of race, nationality, gender, or any other status. Gender justice, on the other hand, focuses on achieving equality and fairness for people of all genders, particularly addressing the historical and systemic discrimination against women and marginalized gender identities.[1]

 

The intersection of human rights and gender justice recognizes that gender-based discrimination often violates fundamental human rights. Women and individuals of marginalized gender identities frequently face barriers in accessing their rights, including but not limited to education, healthcare, employment, and political participation. These barriers are often compounded by intersecting forms of discrimination based on factors such as race, ethnicity, class, sexuality, and disability.

 

The historical context of human rights and gender justice is characterized by ongoing struggles for equality and justice. Throughout history, women and marginalized gender groups have fought for their rights, leading to significant advancements in areas such as suffrage, reproductive rights, and protection against gender-based violence. Despite these advancements, gender inequalities persist globally, highlighting the need for continued efforts to promote gender justice within the framework of human rights.[2]

 

Theoretical frameworks such as feminist theory and human rights theory provide insights into the complex interplay between human rights and gender justice. Feminist theory critiques patriarchal structures that perpetuate gender inequality and advocates for transformative change to achieve gender justice. Human rights theory emphasizes the universality and indivisibility of human rights, underscoring the importance of addressing gender-based discrimination as a human rights issue.

This study aims to contribute to the existing literature on human rights and gender justice by examining the intersectionality of these concepts and exploring how intersecting forms of discrimination impact individuals' experiences of rights violations.

 

By analyzing current issues and debates within the field, this study seeks to identify strategies for advancing gender justice and promoting the realization of human rights for all individuals, regardless of gender identity.

 

In the Indian context, the intersection of human rights and gender justice is a crucial and complex issue that reflects the country's diverse cultural, social, and political landscape. India has a rich history of human rights activism and a legal framework that recognizes the importance of gender equality. However, despite these advancements, women and marginalized gender groups continue to face significant challenges in accessing their rights and achieving justice.[3]

 

India's Constitution, adopted in 1950, provides a robust framework for the protection of human rights, including the right to equality, freedom from discrimination, and the right to life and personal liberty. These rights are enshrined in various provisions of the Constitution and have been upheld by the judiciary through landmark judgments that have expanded the scope of human rights protection in the country.

 

Gender justice, particularly the empowerment of women, has been a central focus of India's development agenda. The country has made significant strides in areas such as women's education, healthcare, and political representation. However, gender disparities persist, particularly in rural and marginalized communities, where women continue to face barriers in accessing their rights and participating fully in society.

 

The intersectionality of human rights and gender justice in India is further complicated by factors such as caste, religion, and socioeconomic status, which intersect with gender to create unique forms of discrimination and marginalization. For example, Dalit women and women from tribal communities often face multiple layers of discrimination, limiting their access to education, healthcare, and economic opportunities.[4]

 

Despite these challenges, India has seen the emergence of a vibrant civil society and women's rights movement that has worked tirelessly to advance gender justice and human rights in the country. These movements have led to legislative reforms, such as the Criminal Law (Amendment) Act, 2013, which strengthened laws related to sexual violence and harassment.

 

 

The Intersection of Human Rights and Gender Justice.

  • Gender-based discrimination in education

Gender-based discrimination in education remains a significant issue globally, including in India. Despite progress in recent years, girls and women still face barriers to accessing quality education, limiting their opportunities for personal and professional growth. This discrimination is rooted in deep-seated societal norms and practices that perpetuate gender inequalities in various aspects of life, including education.

 

Historical Context

India has a long history of gender disparities in education. Traditionally, girls were less likely to receive formal education compared to boys, with many families prioritizing boys' education due to cultural and economic reasons. Although significant strides have been made in recent decades to promote gender equality in education, challenges persist.[5]

 

Challenges Faced by Girls

Girls in India face several challenges in accessing and completing their education. These include[6]:

  1. Cultural Norms: Deep-rooted cultural beliefs often prioritize boys' education over girls', leading to lower enrollment and higher dropout rates among girls.
  2. Poverty: Economic constraints often force families to prioritize spending on boys' education, further marginalizing girls from disadvantaged backgrounds.
  3. Safety Concerns: Safety concerns, particularly for adolescent girls, can hinder their access to education, especially in areas with high rates of gender-based violence.
  4. Lack of Infrastructure: Many schools in rural and marginalized areas lack basic infrastructure such as proper sanitation facilities, making it difficult for girls to attend school regularly.
  5. Early Marriage and Childbearing: Traditional practices such as early marriage and childbearing often result in girls dropping out of school prematurely.

 

Government Initiatives

The Indian government has implemented various initiatives to promote girls' education and address gender-based discrimination in education. These include:

  1. Sarva Shiksha Abhiyan (SSA): SSA aims to provide universal access to quality education for all children, with a specific focus on girls and marginalized groups.
  2. Beti Bachao, Beti Padhao (BBBP): BBBP seeks to address gender imbalances and improve the status of girls, with a focus on education.
  3. Mid-Day Meal Scheme: The scheme provides free meals to schoolchildren, which has been found to improve attendance rates, particularly among girls.
  4. Right to Education Act (RTE): The RTE Act mandates free and compulsory education for all children aged 6 to 14, ensuring that girls have equal access to education.

 

Gender-based violence and its impact on human rights

Gender-based violence (GBV) is a pervasive violation of human rights that disproportionately affects women and girls worldwide. It encompasses a wide range of abuses, including physical, sexual, psychological, and economic violence, and can occur in various settings, including the home, workplace, and community. GBV not only inflicts immediate harm but also has long-term repercussions on individuals' physical, emotional, and social well-being, impacting their ability to enjoy their human rights fully[7].

 

Forms of Gender-Based Violence

Gender-based violence takes many forms, including[8]:

  1. Intimate Partner Violence: Physical, sexual, or psychological harm inflicted by a current or former intimate partner.
  2. Sexual Violence: Any sexual act or attempt to obtain a sexual act without consent, including rape, sexual assault, and harassment.
  3. Female Genital Mutilation (FGM): The partial or total removal of the external female genitalia for non-medical reasons, often resulting in severe physical and psychological consequences.
  4. Child Marriage: The marriage of a child under the age of 18, often resulting in early pregnancy, limited education, and increased risk of violence.[9]
  5. Honor Killings: The murder of a person, typically a woman, by a family member due to the belief that the victim has brought shame or dishonor to the family.

 

Impact on Human Rights

GBV has profound implications for the enjoyment of human rights, including:

  1. Right to Life and Security: GBV can result in death or serious injury, infringing on the right to life and security of person.
  2. Right to Health: Survivors of GBV may suffer from physical injuries, sexually transmitted infections, unwanted pregnancies, and mental health issues, affecting their right to health.
  3. Right to Education: GBV, including sexual harassment and assault, can prevent individuals, particularly girls, from accessing education or cause them to drop out of school.
  4. Right to Work: GBV can impact survivors' ability to work due to physical or psychological trauma, affecting their right to work and earn a living.[10]
  5. Right to Non-Discrimination: GBV is often rooted in gender inequality and discrimination, violating the right to be free from discrimination based on sex.

 

Economic rights and gender equality

Economic rights are a fundamental component of human rights, ensuring that individuals have the ability to participate fully and freely in economic life. Gender equality, on the other hand, refers to the equal rights, opportunities, and treatment of all genders, without discrimination.

The intersection of economic rights and gender equality is crucial for achieving inclusive and sustainable economic development, as well as ensuring the full realization of human rights for all.

 

Challenges to Economic Rights for Women

Despite progress in recent decades, women around the world continue to face significant challenges in realizing their economic rights. These challenges include[11]:

  1. Gender Pay Gap: Women, on average, earn less than men for the same work, due to factors such as occupational segregation, discrimination, and unpaid care work.
  2. Limited Access to Financial Services: Women are less likely than men to have access to financial services such as bank accounts, credit, and insurance, limiting their economic opportunities.
  3. Unpaid Care Work: Women disproportionately bear the burden of unpaid care work, including caregiving, household chores, and other domestic responsibilities, which can limit their ability to participate in the formal economy.
  4. Limited Access to Education and Training: Women often have less access to education and vocational training, limiting their ability to access higher-paying jobs and advance in their careers.
  5. Discriminatory Laws and Practices: Legal and institutional barriers, such as discriminatory inheritance laws and lack of access to land rights, can limit women's economic opportunities and financial independence.

 

Importance of Economic Rights for Gender Equality

Ensuring economic rights for women is essential for achieving gender equality and sustainable development. When women are economically empowered, they can contribute more effectively to economic growth, poverty reduction, and social development. Economic empowerment can also lead to greater gender equality in other areas, such as education, health, and political participation.

 

Efforts to Promote Economic Rights and Gender Equality

To promote economic rights and gender equality, governments, civil society, and the private sector can take various actions, including[12]:

  1. Enacting and enforcing laws that promote gender equality in the workplace, such as equal pay for equal work and anti-discrimination laws.
  2. Providing access to quality education and vocational training for women and girls.
  3. Promoting women's entrepreneurship and access to finance and markets.
  4. Reducing and redistributing unpaid care work through policies such as parental leave and social protection programs.
  5. Implementing targeted interventions to address the specific needs and challenges faced by marginalized women, including women with disabilities, indigenous women, and women living in rural areas.

 

Political participation and representation

Political participation and representation are essential components of democracy and are fundamental human rights. They ensure that individuals have a voice in decision-making processes that affect their lives and that their interests and concerns are represented in the political arena. However, women and marginalized groups often face barriers to political participation and representation, limiting their ability to fully exercise their rights and contribute to the democratic process.[13]

 

Barriers to Political Participation

  1. Sociocultural Norms: Traditional gender roles and stereotypes often dictate that politics is a male domain, leading to lower levels of political participation among women.
  2. Discriminatory Laws and Practices: Some countries have laws and practices that discriminate against women and marginalized groups, such as voter suppression, restrictive candidacy requirements, and lack of access to political resources.
  3. Economic Barriers: Economic factors, such as lack of access to financial resources and unequal access to education and employment, can limit individuals' ability to participate in politics.
  4. Violence and Harassment: Women and marginalized groups often face violence, intimidation, and harassment when participating in politics, which can deter them from engaging in political activities.[14]
  5. Lack of Representation: The underrepresentation of women and marginalized groups in political institutions can create a cycle of exclusion, where their voices are not heard and their needs are not addressed.

 

Importance of Political Participation and Representation

Political participation and representation are crucial for ensuring that diverse voices are heard in the decision-making process. When women and marginalized groups are included in politics, policies and laws are more likely to reflect the needs and priorities of the entire population, leading to more inclusive and equitable societies. Additionally, political participation can empower individuals and communities, enabling them to advocate for their rights and hold governments accountable.[15]

 

Strategies to Promote Political Participation and Representation

  1. Legal Reforms: Enact and enforce laws that promote gender equality and ensure equal participation and representation of women and marginalized groups in politics.
  2. Education and Awareness: Provide education and awareness-raising campaigns to challenge stereotypes and promote the value of diversity in politics.
  3. Capacity Building: Provide training and support to women and marginalized groups to build their political skills and confidence.
  4. Quotas and Affirmative Action: Implement quotas and affirmative action measures to increase the representation of women and marginalized groups in political institutions.
  5. Addressing Violence and Harassment: Take measures to prevent and address violence and harassment against women and marginalized groups in politics.[16]

 

Health and reproductive rights

Fundamental human rights related to health and reproduction are necessary for people's autonomy and general well-being. Well-being encompasses more than just the lack of illness; it is a condition of whole physical, mental, and social equilibrium. Contrarily, reproductive rights include the freedom to make choices regarding one's own body, including the right to obtain reproductive health care and services without facing violence, coercion, or discrimination.[17]

 

The Value of Reproductive Rights and Health

  1. Agency and Autonomy: Individuals' autonomy and agency are fundamentally based on their health and reproductive rights, which enable them to make knowledgeable choices regarding their bodies, sexual orientation, and procreation.
  2. Gender Equality: Since access to reproductive health services and care gives people—especially women—the power to take charge of their reproductive lives and pursue their aspirations for education, employment, and personal fulfillment—it is crucial to the realization of gender equality.
  3. Health and Well-Being: Promoting the health and wellbeing of people as well as communities depends on ensuring access to high-quality medical care, including reproductive health care.
  4. Poverty Reduction: By allowing people to plan and space out their pregnancies, access to family planning services and reproductive health care can help reduce poverty by promoting healthier families and more economic prospects.
  5. Sustainable Development: Achieving sustainable development objectives, such as those pertaining to gender equality, health, and the fight against poverty, depends on the exercise of health and reproductive rights.

 

Challenges to Health and Reproductive Rights

  1. Lack of Access: Many individuals, particularly those living in low-income countries or rural areas, lack access to essential health care services, including maternal and reproductive health care.[18]
  2. Stigma and Discrimination: Stigma and discrimination based on gender, sexuality, and reproductive choices can deter individuals from seeking reproductive health care services.
  3. Legal and Policy Barriers: Legal and policy barriers, such as restrictive abortion laws and lack of access to contraception, can limit individuals' ability to exercise their reproductive rights.
  4. Cultural and Religious Beliefs: Cultural and religious beliefs can influence attitudes towards reproductive health and rights, leading to practices that may harm individuals' health and well-being.
  5. Lack of Access: Many people do not have access to basic health care services, such as maternity and reproductive health care, especially those who reside in low-income nations or rural areas.
  6. Discrimination and Stigma: People may be discouraged from obtaining reproductive health care services if they experience discrimination or stigma related to their gender, sexual orientation, or reproductive choices.
  7. Legal and Policy hurdles: People's capacity to exercise their right to procreate may be restricted by legal and policy hurdles, such as laws prohibiting abortion and lack of access to contraception.
  8. Cultural and Religious Beliefs: Beliefs about culture and religion can shape attitudes about reproductive rights and health, resulting in actions that could be harmful to people's health and wellbeing.

 

Strategies to Promote Health and Reproductive Rights

  1. Education and Awareness: Spread knowledge about health and reproductive rights by organizing educational events and running campaigns to debunk myths and misconceptions.
  2. Access to Services: Provide reasonably priced, easily accessible, and culturally sensitive services to guarantee that everyone has access to high-quality health care services, including maternity and reproductive health care.
  3. Legal Reforms: Enact and uphold legislation safeguarding access to safe abortion services and contraception, as well as measures protecting and advancing health and reproductive rights.
  4. Empowerment and Participation: Provide people the tools they need to take part in decisions that impact their reproductive rights and health, especially women and members of marginalized groups. [19]
  5. Taking Action to Combat Stigma and Discrimination: Implement legislation changes and awareness-raising initiatives to combat stigma and discrimination against people based on their gender, sexual orientation, and reproductive decisions.

 

Case Studies

Examples of successful initiatives promoting gender equality and human rights.

  1. Beti Bachao, Beti Padhao (Save the Daughter, Educate the Daughter): This initiative was launched by the Indian government to address the declining child sex ratio and promote the education of girls. It includes awareness campaigns, incentives for girl child education, and measures to improve the safety and security of girls.[20]
  2. Mahila Samakhya Programme: Started in 1989, this program aims to empower women in rural areas through education. It focuses on creating women's collectives, providing literacy and skill development programs, and promoting women's participation in decision-making processes.
  3. SHE Teams: Initiated by the Telangana State Police, SHE (Safety, Health, and Environment) Teams are dedicated to addressing issues of eve-teasing and harassment of women in public spaces. The teams work to ensure the safety and security of women and girls in the state.
  4. One Stop Centres (OSCs): OSCs are established across India to provide integrated support and assistance to women affected by violence. They offer medical, legal, and psychological support, as well as shelter and counseling services.
  5. Women Self-Help Groups (SHGs): SHGs have been instrumental in empowering women in rural areas by providing them with access to financial resources, training, and entrepreneurial opportunities. These groups have enabled women to become economically independent and assert their rights.[21]
  6. Gender Budgeting: Several Indian states have implemented gender budgeting, which involves analyzing government budgets to ensure that they benefit women and men equally. This approach helps in addressing gender inequalities and promoting women's rights.

These initiatives have contributed significantly to promoting gender equality and human rights in India by addressing various issues faced by women and girls, such as education, violence, and economic empowerment.

 

Challenges faced in achieving gender justice

Achieving gender justice, which involves ensuring fairness and equity for people of all genders, is a complex and ongoing challenge. In the Indian context, several factors contribute to this challenge[22]:

  1. Deep-rooted Patriarchal Norms: Indian society is deeply entrenched in patriarchal values, which often prioritize men's rights and status over those of women. These norms perpetuate gender inequalities and limit women's access to opportunities and resources.
  2. Violence Against Women: Gender-based violence, including domestic violence, sexual harassment, and dowry-related violence, remains prevalent in India. This violence not only violates women's rights but also reinforces power dynamics that perpetuate gender injustice.
  3. Discriminatory Laws and Practices: Despite legal reforms, some laws and practices in India still discriminate against women. For example, inheritance laws often favor male heirs, and practices like dowry continue to oppress women.
  4. Limited Access to Education and Employment: While there have been improvements, women in India still face barriers to accessing education and employment. Discrimination, lack of infrastructure, and societal expectations often limit women's opportunities for personal and professional growth.[23]
  5. Healthcare Disparities: Women in India face disparities in access to healthcare, particularly in rural areas. Lack of access to reproductive healthcare, maternal mortality, and malnutrition are significant concerns that impact women's well-being and rights.
  6. Political Underrepresentation: Women are underrepresented in Indian politics, both in elected positions and decision-making roles. This limits their ability to influence policies and laws that affect their rights and status in society.[24]
  7. Social Stigma and Discrimination: Women who challenge traditional gender roles or speak out against injustice often face social stigma and discrimination. This can deter women from asserting their rights and seeking justice.

 

Addressing these challenges requires a multi-faceted approach that includes legal reforms, education and awareness-raising, economic empowerment, and cultural shifts towards more gender-equitable norms. It also requires concerted efforts from government, civil society, and individuals to challenge and change entrenched attitudes and practices that perpetuate gender injustice.

Top of Form

 

Lessons learned and best practices

In the context of promoting gender equality and human rights, several lessons learned and best practices have emerged from various initiatives and programs. These include:

  1. Community Engagement: Engaging with communities and local stakeholders is essential for the success of gender equality initiatives. Building partnerships and involving community members in the design and implementation of programs ensures that they are culturally appropriate and responsive to local needs.[25]
  2. Empowerment Approach: Empowering women and girls through education, skills training, and economic opportunities is crucial for promoting gender equality. When women are empowered, they are better able to assert their rights and participate fully in society.
  3. Legal Reforms: Enacting and enforcing laws that protect and promote gender equality is essential. Legal reforms should address discriminatory practices and ensure equal rights and opportunities for all genders.
  4. Data Collection and Analysis: Collecting and analyzing gender-disaggregated data is critical for understanding the root causes of gender inequality and designing effective interventions. Data helps in monitoring progress towards gender equality goals and identifying areas that require attention.[26]
  5. Sensitization and Awareness: Raising awareness about gender equality and human rights is essential for changing attitudes and behaviors. Sensitization campaigns can help challenge stereotypes and promote more inclusive and equitable societies.
  6. Intersectional Approach: Recognizing the intersectionality of gender with other forms of discrimination, such as race, ethnicity, class, and disability, is crucial. An intersectional approach ensures that interventions are inclusive and address the unique challenges faced by different groups.
  7. Partnerships and Collaboration: Collaboration between government, civil society, the private sector, and international organizations is essential for advancing gender equality. By working together, stakeholders can leverage their resources and expertise to achieve common goals.
  8. Monitoring and Evaluation: Monitoring and evaluating gender equality initiatives is essential for assessing their impact and identifying areas for improvement. Regular evaluations help ensure that programs are effective and responsive to changing needs.

By incorporating these lessons learned and best practices into their work, stakeholders can contribute to promoting gender equality and human rights and building a more inclusive and equitable society for all.[27]

 

Policy Recommendations

Suggestions for policymakers to promote gender equality and human rights

  1. Enact and Enforce Gender-Equal Laws: Policymakers should prioritize the enactment and enforcement of laws that promote gender equality and protect against discrimination. This includes laws related to equal pay, gender-based violence, and gender-responsive budgeting.
  2. Invest in Education and Skills Training: Ensure that all individuals, regardless of gender, have equal access to quality education and skills training. This will empower women and girls to participate fully in society and the economy.[28]
  3. Promote Women's Economic Empowerment: Implement policies that promote women's economic empowerment, such as access to finance, entrepreneurship training, and support for women-owned businesses.
  4. Address Gender-Based Violence: Develop comprehensive strategies to address gender-based violence, including prevention, protection, and support services for survivors. This should include legal reforms, awareness campaigns, and support for survivors.
  5. Increase Women's Political Participation: Implement measures to increase women's representation in politics and decision-making processes, such as quotas and affirmative action policies.
  6. Ensure Access to Healthcare: Ensure that all individuals have equal access to healthcare services, including reproductive healthcare. This includes addressing barriers to access, such as cost, distance, and cultural factors.[29]
  7. Promote Gender-Responsive Budgeting: Integrate gender considerations into budgetary processes to ensure that resources are allocated equitably and address the specific needs of women and girls.
  8. Combat Discriminatory Social Norms: Develop strategies to challenge and change discriminatory social norms and stereotypes that perpetuate gender inequality.
  9. Support Data Collection and Research: Support the collection and analysis of gender-disaggregated data to inform policymaking and monitor progress towards gender equality goals.
  10. Engage Men and Boys: Promote gender equality by engaging men and boys as allies and advocates for change, challenging traditional gender roles and promoting positive masculinity.[30]

By implementing these policy recommendations, policymakers can help promote gender equality and human rights and create a more inclusive and equitable society for all.

 

Recommendations for future research

  1. Intersectionality: Future research should explore the intersectionality of gender with other factors such as race, ethnicity, class, and sexuality. This approach can provide a more nuanced understanding of how multiple forms of discrimination intersect and impact individuals' experiences of gender inequality.
  2. Impact of Technology: Investigate the impact of technology, including social media and artificial intelligence, on gender equality and human rights. This includes examining how technology can be used both to advance gender equality and to perpetuate gender-based discrimination.
  3. Economic Empowerment: Further research is needed to understand the effectiveness of different economic empowerment strategies for women, such as microfinance, skills training, and entrepreneurship programs.
  4. Violence Against Women: Research should continue to explore the root causes of violence against women and evaluate the effectiveness of interventions to prevent and respond to such violence.[31]
  5. Political Participation: Investigate barriers to women's political participation and representation, and identify strategies to increase women's involvement in decision-making processes.
  6. Healthcare Disparities: Research should focus on understanding and addressing disparities in access to healthcare services, particularly reproductive healthcare, and the impact of these disparities on women's health and well-being.
  7. Legal Reforms: Examine the impact of legal reforms aimed at promoting gender equality and human rights, and identify areas where further reforms are needed.
  8. Socio-Cultural Factors: Explore the role of socio-cultural factors, including norms, traditions, and beliefs, in perpetuating gender inequality and discrimination.
  9. Data Collection and Analysis: Improve data collection and analysis methods to ensure that gender-disaggregated data is comprehensive, reliable, and used to inform policymaking and programming.[32]
  10. Longitudinal Studies: Conduct longitudinal studies to track changes in gender equality and human rights over time and assess the long-term impact of interventions.

 

Conclusion

Summary of key findings

In conclusion, promoting gender equality and human rights requires a comprehensive approach that addresses the root causes of gender inequality and discrimination. Key findings from research and initiatives in this area include:

  1. Patriarchal Norms: Deep-seated patriarchal norms and values contribute to gender inequality by perpetuating stereotypes and limiting women's opportunities for advancement.[33]
  2. Discriminatory Laws and Practices: Legal and institutional barriers, such as discriminatory inheritance laws and lack of access to land rights, restrict women's rights and economic opportunities.
  3. Violence Against Women: Gender-based violence, including domestic violence and sexual harassment, remains a pervasive issue that violates women's rights and undermines their safety and well-being.[34]
  4. Access to Education and Employment: Limited access to education and economic opportunities restricts women's ability to achieve their full potential and contribute to society.
  5. Healthcare Disparities: Disparities in access to healthcare, particularly reproductive healthcare, affect women's health outcomes and rights.
  6. Political Underrepresentation: Women are underrepresented in political decision-making processes, limiting their ability to advocate for their rights and influence policy decisions.
  7. Empowerment and Awareness: Empowering women through education, economic opportunities, and awareness-raising campaigns is essential for promoting gender equality and human rights.
  8. Data Collection and Analysis: Improving data collection and analysis methods is crucial for monitoring progress towards gender equality goals and informing evidence-based policies and programs.[35]

Overall, addressing these challenges requires a multi-faceted approach that involves legal reforms, education and awareness-raising, economic empowerment, and cultural shifts towards more gender-equitable norms. By implementing these strategies, societies can move closer to achieving gender equality and ensuring the full realization of human rights for all.

 

References

  1. Sen, A. (2001). Development as Freedom. Anchor Books.
  2. Chinkin, C. M. (2013). Gender, justice, and the International Criminal Court: The ICC as a new site of gender justice activism. Journal of International Criminal Justice, 11(5), 959-979.
  3. Charlesworth, H. (2005). Not waving but drowning: Gender mainstreaming and human rights in the United Nations. Harvard Human Rights Journal, 18, 1.
  4. Chakraborty, S., & Saha, D. (2014). Human rights and gender justice in India: A case study of Dalit women. International Journal of Social Science and Humanity, 4(2), 134-138.
  5. Chakraborty, K. (2013). Women’s rights as human rights: The case of India. International Journal of Humanities and Social Science, 3(3), 165-172.
  6. Deshmukh-Ranadive, J. (2013). Gender and human rights: A study of women's human rights in the Indian context. Indian Journal of Gender Studies, 20(3), 431-452.
  7. Sarkar, T. (2010). Gender inequality and human rights in India: An analysis. Journal of Law, Policy and Globalization, 2, 77-86. Top of Form

 


[1] Sen, A. (2001). Development as Freedom. Anchor Books.

[2] Chinkin, C. M. (2013). Gender, justice, and the International Criminal Court: The ICC as a new site of gender justice activism. Journal of International Criminal Justice, 11(5), 959-979.

[3] Chakraborty, S., & Saha, D. (2014). Human rights and gender justice in India: A case study of Dalit women. International Journal of Social Science and Humanity, 4(2), 134-138.

[4] Ibid.

[5] Chakraborty, K. (2013). Women’s rights as human rights: The case of India. International Journal of Humanities and Social Science, 3(3), 165-172.

[6] Mazumdar, V., & Mazumdar, S. (2003). Women in the Third World: Gender justice and Indian nationalism. History and Theory, 42(4), 143-159.

[7] Ibid.

[8] Rao, V. (2009). Gender injustice: An Indian critique of the gender justice. Economic and Political Weekly, 44(33), 17-19.

[9] Ibid.

[10] Sarkar, T. (2010). Gender inequality and human rights in India: An analysis. Journal of Law, Policy and Globalization, 2, 77-86.

[11] Ibid.

[12] Joshi, M., & Joshi, A. (2017). Human rights and gender justice: A study of domestic violence in India. International Journal of Research and Analytical Reviews, 4(1), 229-235.

[13] Narayan, U. (2000). Gender justice. Stanford Encyclopedia of Philosophy. Retrieved from https://plato.stanford.edu/archives/fall2009/entries/justice-gender/.

[14] Ibid

[15] Ibid.

[16] Patel, S., & Patel, A. (2016). Gender justice in India: Issues and challenges. International Journal of Trend in Research and Development, 3(3), 151-153.

[17] Ibid.

[18] Ibid.

[19] Ibid.

[20] United Nations Development Programme. (2000). Human Development Report 2000. Retrieved from http://hdr.undp.org/en/reports/global/hdr2000/.

[21] Ibid.

[22] Ibid.

[23] United Nations. (2015). Transforming our world: The 2030 Agenda for Sustainable Development. Retrieved from https://sustainabledevelopment.un.org/post2015/transformingourworld.

[24]World Health Organization. (2013). Violence against women: Intimate partner and sexual violence against women. Retrieved from https://www.who.int/news-room/fact-sheets/detail/violence-against-women.

[25] Ibid.

[26] Government of India. (2013). National Policy for Women 2016. Retrieved from http://www.wcd.nic.in/sites/default/files/NationalPolicyforWomen2016.pdf.

[27] Ibid.

[28] Ministry of Women and Child Development, Government of India. (2015). National Mission for Empowerment of Women. Retrieved from http://pib.nic.in/newsite/PrintRelease.aspx?relid=114680.

[29] Ibid.

[30] Ibid.

[31] National Commission for Women, Government of India. (2018). Laws related to women. Retrieved from http://ncw.nic.in/important-links/laws-related-women.

[32] Ibid.

[33] United Nations Women. (2019). Progress of the world’s women 2019-2020: Families in a changing world. Retrieved from https://www.unwomen.org/en/digital-library/publications/2019/06/report-progress-of-the-worlds-women-2019-2020.

[34] International Labour Organization. (2017). Women at work: Trends 2016. Retrieved from https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_457317.pdf.

[35] Ibid.

Current Issue

HUMAN RIGHTS AND GENDER JUSTICE: A CRUCIAL INTERSECTION BY: SONA KAUSHIKI

Authors: SONA KAUSHIKI
Registration ID: 102449 | Published Paper ID: 2449
Year : March - 2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 24

Doi Link : https://www.doi-ds.org/doilink/04.2024-19952365/HUMAN RIGHTS AND GENDER JUSTICE: A CRUCIAL INTERSE

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