“#METOO,” Violations Of Rights Under UN Convention

Tarana Bruke, an African-American social activist, is the founder of a non-profit organization

known by the name of “Just Be Inc” She as a survivor of sexual misconduct herself, through
Just Be Inc created a platform for several young survivors of sexual harassment and abuse to
come together as one. It was the empathy for her fellow survivors that encouraged her to
establish such a platform. This campaign that began at a regional level, is what we know as
the MeToo movement. Over the past decade, the Me Too movement is witnessed to have
gained tremendous momentum. The phenomenon first found traction as a global hashtag
when renowned actress, producer and activist Alyssa Milano encouraged her followers on
social media, who have been victims of sexual misconduct to post the status “Me Too”. The
sole object remaining to be – raising awareness along with unveiling the staggering
magnitude of women who are in fact -“survivors”.

As the term itself suggests, men and women, collectively are entitled to the basic “human
rights”. The Preamble of the Universal Declaration of Human Rights (UDHR) imbibes the
aforementioned principle. It reads, “…recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the foundation of freedom,
justice and peace in the world.” While theory suggests that human rights are enforced with
an object to nullify the prevalent discriminations and inequalities against a particular gender,
the various events across the globe indicate otherwise.

The “#METOO” movement bases itself on a view of the world in which women, since the
longest, have been rendered vulnerable and, as the lower or weaker form of “gender”. The
supporters of this movement claim that the mythical “superiority” and “dominance” that
several members of the human family, as “men”, have allegedly bestowed upon themselves
has, in inexplicable manners led them to cause or commit atrocious crimes against women. It
remains unacceptable for women or men or any human to be deprived of the gender neutral -
human rights.

Article 1 of the UDHR establishes an obligation upon ever human being to “act towards one
another in a spirit of brotherhood.” This is done in furtherance to each of us as humans being
gifted with “reason” and “conscience” that work towards guiding one’s actions. The text of
Article 5 of the UDHR undermines and prohibits any person from being subjected to “cruel”,
“inhuman”, or “degrading” – treatment, punishment or any other form of torture. The acts of
sexual abuse, harassment or any other form of sexual misconduct against any human being
divorces it from the principles of brotherhood and equality that are explicitly mentioned in
the very first Article of the UDHR and the Preamble respectively. It remains to be irrefutable
that such acts are in the nature of inhuman and degrading commissions that in fact are
violative of the basic human rights to live with dignity as well as to preserve one’s self-worth.

Article 12 of the International Covenant on Economic, Social and Cultural Rights, along
with, Article 7 of the International Covenant on Civil and Political Rights; recognize the
inherit right of every person “to the enjoyment of the highest attainable standard of physical
and mental health.” Men or women being subject to such misconducts do not only impact the
physical health; but also leave behind a deep-rooted impact on their mental health by being
subject to – post-traumatic stress disorders, depression, stigmatization, alienation from
society and other such unfathomable experiences.

The UN underlines that violence against women has a global and all pervasive phenomenon
and is perceived as a set back towards striking a balance between the rights and powers
between the two corresponding genders. With the object to acknowledging the urgent need
for the preservation of the rights of women with regards to “security, liberty, integrity and
dignity of all human beings”, the UN General Assembly formally introduced the Declaration
on the Elimination of Violence against Women on the 20th December, 1993.

The declaration (under Article 2) comprehends violence against women to be within a vast
spectrum ranging from – “physical, sexual or psychological harm” occurring within the
family, general community or for that matter at the work place. The text explicitly takes into
its ambit any kind of sexual abuse, harassment, or rape, at any place to be amounting to an act
of violence against women.

Article 3 of the same declaration reinforces, or emphasizes of women being equally humane
as men and hence being entitled to the common principles and rights to – life, equality,
liberty and security of person, be free from all forms of discrimination, highest standard
attainable of physical and mental health, and not to be subjected to torture, or other cruel,
inhuman or degrading treatment or punishment. It is clear that the aforementioned
entitlements are no more than an overall consolidation of the already mentioned rights that
were referred to entitlements of “humans” or “people” acknowledging the men and women as
one. Yet the upholders and supporters of the “METOO” movement feel, for reasons
mentioned above that there was a need to establish and reconfirm the same towards women.
They feel that the necessity persists to exist and through the movement seek to aske and
answer the question, “Are women less human?”
Women, voicing their concerns and experiences, raising their voice against such disdainful
acts, after collecting the courage to do so, sacrificing for good their fear of being alienated in
society, looked down upon, while calling out to their culprits (ranging from actors to
politicians and supposed mentors) and also letting their fellow survivors know that they do
not stand alone; have taken forward the “#Metoo” movement. All of these women claim to
have faced violations of the basic human rights that they are entitled to.

Although concerns grow as the “#MeToo” movement gains momentum and popularity, and
hordes of social media platforms are crowded with “accusations”, “comments” and
“opinions”, the original objectives and claims of the movement could be compromised as
“facts” become muddled with “opinions”. The main resistance to the movement came from
France. In an open letter to Le Monde, 100 French women, led by Catherine Deneuve,
challenged some of the basic assumptions and aims of the #MeToo campaign, claiming that
the movement represents a "puritanical … wave of purification" driven by a growing "hatred
of men and of sexuality". Unfortunately the #MeToo movement, while bringing awareness of
how wide-spread sexual harassment is in the workplace, has also lead to a sort of “Trial by
Media” of late. Individuals are being accused over radio, Facebook, Twitter, and to various
news outlets without any chance to defend themselves. Given how rapidly news spreads with
social media, by the time the individuals can come up with a statement, the story is perhaps
half way around the world, forget country.
This compromises not just the social order and harmony among the various sections of
society, it undermines the very spirit of law as individuals are accused, tried and convicted by
and on social media, often in absence of corroborative evidence. It is unfortunate to
acknowledge that even the latin maxim “ei incumbit probatio qui dicit, non qui negat (“the
burden of proof is on the one who declares, not on one who denies”), is going to lose its
relevance and meaning.