Summary Notes For Gender and The Law - Final

Summary Notes for the Course “Gender and the Law”
Chapter One
Introduction
1.1. “Gender” Defined and Contrasted with “Sex”
The word “gender” basically refers to the socially constructed definition of men and women.
Accordingly, it is explained in the following manner:
 Gender is the social design of the biological sex determined by the conception of tasks,
functions, and roles attributed to women and men in society in public and private life.
 Gender is the result of the interplay between culture, religion, politics, etc.
 Gender also refers to the socially constructed definition of the relationship between the
sexes, containing an unequal power relationship with male domination over female
subordination in most spheres of life.
The word “sex”, on the other hand, refers to the natural attribute helping us identify a person as
male or female.
British and American psychiatrists developed the distinction between gender and sex in the
1950s and 60s.
 Sex marks the distinction between men and women as a result of their biological,
physical, and genetic differences whereas gender roles are set by convention and other
social, economic, political and cultural factors.
 Sex is fixed and based in nature whereas gender is fluid and based in culture.
 Gender refers to the array of socially constructed roles and relationships, personality
traits, attitudes, behaviors, values, relative power and influence that society ascribes to
the two sexes on a differential basis. Whereas biological sex is determined by genetic and
anatomical characteristics. Gender is an acquired identity that is learned, changes over
time and varies widely within and across cultures. Gender is relational and refers not
simply to women or men but to the relationship between them.
Page 1 of 55
1.2. Important Concepts within Gender
 Gender Roles: the expected duties and responsibilities, rights, and privileges of men and
women, girls and boys etc. as specified by social religious and cultural factors. Example:
clothing, amount of food, type of work …
 Gender Stereotypes: simplistic generalizations about gender attributes, differences and
roles of individuals and groups, whether positive or negative.
 They’re usually inaccurate information about others
 Automatic application of gender assumptions to others regardless of evidence to the
contrary
 Traditionally, the female stereotypic role is to marry and have children (homemaker)
while the male stereotypic role is to be the financial provider (assertive, competitive,
independent, courageous, etc.)
 Children learn gender stereotypes from socializing agents.
 Socializing agents are parents, teachers, peers, religious leaders and the media.
 These socializing agents pass gender stereotypes from one generation to the next.
 Androgyny: blending of feminine and masculine attributes in the same individual. An
androgynous person can comfortably express the qualities of both genders. The literal
definition of androgynous is genderless.
 Prominent psychological theories of gender roles and gender identity include
1. Evolutionary Theory: grounded in genetic bases for differences between men and
women. It is commonly referred to as the functionalist theory. It advocates that men
and women have evolved differently to fulfill their different and complementary
functions, which are necessary for survival. Behavioral differences between men and
women stem from different sexual and reproductive strategies that have evolved to
ensure that men and women are able to efficiently reproduce and effectively pass on
their genes.
2. Object-Relations Theory: looks at the effect of socializing on gender development.
While women’s role is to act as the primary caregivers. The early bond between
mother and child affects boys and girls differently. Whereas boys must separate from
Page 2 of 55
their mothers to from their identities as males, girls do not have to endure this
separation to define their identities as females.
3. Gender Schema Theory: focuses on the role of cognitive organization in addition to
socialization. Children learn how their cultures and societies define the roles of men
and women and then internalize this knowledge as an unchallenged core belief.
Eventually, children will incorporate their own self-concepts into their gender schema
and will assume the traits and behaviors that they deem suitable for their gender.
4. Social Role Theory: the sexual division of labor and societal expectations based on
stereotypes produce gender roles.
 Gender Socialization: process of interaction through which the individual learns the habits,
beliefs, skills and standards of judgment that are necessary for effective participation in
social groups and communities. Through socialization, a baby learns about the basic norms
of society and gradually develops one’s self. Example, role playing. A child learns about
his/her gender identity by learning what he/she is expected to do by others. Socialization is a
continuous process that helps one to learn the normative behavior, which mostly happens to
be stereotypical. Socialization takes place through four processes:
1. Manipulation: how a child is handled. Boys are taken to be strong and girls are given
more feminine designation of being pretty. Such experiences on one’s physique
matter in shaping self-image and personality.
2. Canalization: familiarization of boys and girls with certain objects, which later shapes
their perceptions, aspirations and dreams.
3. Verbal Appellations: like “strong” and “beautiful”.
4. Activity Exposure: girls are asked to help their mothers while boys are asked to
accompany their fathers.
 Gender Construction: the learning of gender differences in infants and young children. Men
and women have different moral orientations; men speak the language of right and women
the language of responsibility. Cultural construction of masculinity and femininity portray
masculine as dominant, virile, manly whereas feminine is portrayed as passive.
 Patriarchy: male domination and female’s acceptance and internalization of that dominance.
Literally, patriarchy means “supremacy of father”.
Page 3 of 55
 Gender Mainstreaming: a process that seeks to advance gender equality by revising and
mainstreaming policy areas.
 Gender mainstreaming called for the re-examination of society in its entirety and its basic
structure of inequality. The focus was, therefore, no longer limited to women and their status
in society but was committed to restructuring institutions and political and economic
decision-making in society as a whole.
1.3. Global and National Historical Perspectives on the Legal Status of

Women
1.3.1. Global Perspective

The United Nations has been the international organ responsible for bringing the issue of gender
equality to the global agenda. Gender equality was still at its early stages in 1945, when the UN
was established. In fact, of the original 51 members, only 30 allowed women equal voting rights
or permitted them to hold public office. Even so, the UN Charter is the first international legal
instrument to affirm the equality of all human beings. After its establishment, the UN focused its
work on:
 Codification of the legal status of women; and
 Gathering of data on their status.
Following this, recognizing that law, by itself, was not enough, the UN entered a second stage,
i.e. by convening four global conferences to develop strategies and plans of action for
advancement of the status of women.
1. Mexico City Conference (1975) – Dialogue Began

 Of the 133 participants who attended the conference, 113 were women. Three key objectives
were identified:
i. Full gender equality and the elimination of gender discrimination;
ii. Integration and full participation of women in development;
iii. An increased contribution by women in the strengthening of world peace.
 A World Plan of Action was adopted:
Page 4 of 55
 Offering guidelines for governments and the international community to follow for the
following ten years in pursuit of the objectives
 Setting minimum targets to be met by 1980 focusing on securing equal access for women
to different resources.
 The conference called upon governments to formulate national strategies and identify targets
and priorities in their effort to promote equal participation of women.
 The conference led to the establishment of the International Research and Training Institute
for the Advancement of Women and the UN Development Fund for Women
2. Copenhagen Conference (1980) – Review Process Began

 145 states gathered to review and appraise the 1975 World Plan of Action.
Recognized the disparity between the rights secured and women’s ability to exercise them.
Accordingly, 3 areas of focus were identified: equal access to education, employment
opportunities and adequate health care services.
 Culminated in the adoption of an action plan for the second half of the decade, “The
Copenhagen Programme of Action”, which called for stronger national measures to ensure
women’s ownership and control of property, women’s right to inheritance, child custody and
loss of nationality
 There was disparity in the views of the participants due to various factors like insufficient
political will, finances, services, awareness etc.
3. Nairobi Conference (1985) – Birth of Global Feminism

 It was convened to review and appraise the achievements of the UN Decade for Women
 Women’s movement, previously divided by world politics and economic realities, now
united under the banner of equality, development and peace
 Revealed that the objectives of the 2nd half of the UN Decade for Women had not been met
 Adopted a 15 year programme for the advancement of women, The Nairobi Forward-
Looking Strategies to the Year 2000, which
 Declared all issues to be women’s issues
 Set forth a series of measures for achieving equality at the national level, though
governments could set priorities. The identified measures were:
Page 5 of 55
 Constitutional and legal steps

 Equality in social participation
 Equality in political participation and decision making
 Urged governments to delegate responsibilities for women’s issues to all institutional offices
and programs.
 The UN General Assembly asked the UN to establish focal points on women’s issues in all
sectors of the UN’s work.
4. Beijing Conference (1995) – Legacy of Success

 17,000 attendants, with NGOs having direct influence
 Recognized the need to shift the focus from women to the concept of gender, recognizing
that the entire structure of society and all relation between men and women had to be
reevaluated
 Sparked renewed global commitments to the empowerment of women
 Drew unprecedented international attention
 Strong reaffirmation that women’s rights were human rights and that gender equality was a
global concern
 Within the UN, the Secretary General designated a senior official to serve as his Special
Advisor on Gender Issues
 Led to the adoption of the Beijing Declaration and Platform for Action, a five year global
action plan aimed at equality, development and peace, which specified 12 concern areas:
1) Women and Poverty
2) Education and Training of Women
3) Women and Health
4) Violence against Women
5) Women and Armed Conflict
6) Women and the Economy
7) Women in Power and Decision Making
8) Institutional Mechanism for the Advancement of Women
9) Human Rights of Women
10) Women and the Media
Page 6 of 55
11) Women and the Environment

12) The Girl Child
 Governments committed themselves to the effective inclusion of a gender dimension
throughout all their institutions, policies, planning and decision-making.
The other actions undertaken by the UN are:

 Research and Training: The UN through INSTRAW, has developed a methodology for
gathering statistics measuring the value of women’s work. Accordingly, research, survey
and training were undertaken on the status of women’s lives, and on the inclusion of
gender components in development projects, nationally and internationally.
 Providing Assistance: women are becoming key beneficiaries of aid in areas such as
health, education, and environment.
1.3.2. National Perspective

Ethiopia is composed of traditional societies with many traditional practices that are particularly
harmful to women. For example, we have abduction, rape, early marriage, female genital
mutilation etc. Correcting these wrongs requires attitudinal change not only on the part of men
but also on the part of women. There are currently various steps that are being taken in Ethiopia
to emancipate women.
I. International Commitments
Ethiopia has ratified the many international instruments that give recognition to the equality of
women with men and that promote women’s rights. Most notable of these instruments are the
Universal Declaration on Human Rights, the UN Charter, the International Convention on Civil
and Political Rights, the International Convention on Economic, Social and Cultural Rights, the
African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms
of Discrimination Against Women, the Millennium Development Goals, and the Beijing
Platform of Action.
II. At National Level
Page 7 of 55
Nationally, there are laws as well as policies that advance women’s equality and promote their
rights:
A. Policies
 The Agricultural Development Led Industrialization: identifies participation of women as
one of the issues under the investment program. It thus indicates that women would be
provided with credit services and inputs that would enable them to increase productivity; and
creates conditions to enable women to attend school.
 National Policy of Ethiopian Women: focuses on creating and facilitating conditions for
equality between men and women; creating conditions to make rural women beneficiaries of
social services like education and health; eliminating stereotypes and discriminatory
perceptions.
 National Population Policy: gives attention to gender and describes the important roles
women play in controlling population growth
 The Ethiopian Education and Training Policy: pays equal attention to female participants
when selecting students and teachers; training them and advancing their careers.
 The Health Policy: gives special attention to the health needs of the family, particularly
women and children, especially in rural areas.
 The Development Social Welfare Policy: recognizes that women are underrepresented in
every sphere of development and social welfare.
 Environmental Policy: underlines the importance of integrating gender in sustainable
resource and environmental management.
 Poverty Reduction Strategy: highlights on the importance of women in poverty reduction and
development
B. Laws
 The FDRE Constitution: deals with the Rights of Women under Article 35. Accordingly, it
affirms equal rights of women with men in every sphere of life and also provides women
with affirmative action so as to remedy the past sufferings of women.
 Civil Service Proclamation No. 262/2002: provides for no discrimination based on religion,
sex and other factors in employment. It also provides for maternity leave as a right for female
civil servants.
Page 8 of 55
 Labor Proclamation No. 377/2002: similarly provides for better working conditions for
women.
C. Government Machinery for the Implementation of the Policies and Laws

 Women’s Affairs Office: was established in 1991 under the Prime Minister’s Office, with
regional and zonal Women’s Affairs Sectors, for coordinating, facilitating and monitoring all
governmental gender programs, particularly implementation of the National Women’s Policy
 Women’s Affairs Departments: established in various ministries and regional councils to
create gender focal points everywhere
 Center for Research, Training, and Information for Women in Development: was established
in 1991 as an office accountable to the Office of the Vice President. Its objective is to enable
women to empower themselves socially, culturally, economically and politically so as to be
active participants as well as equal beneficiaries of the development process. It seeks to
achieve this through research, training and documentation activities.
1.4. Gender and Globalization
Globalization is the complex economic, political, cultural and geographic process in which the
mobility of capital, organizations, ideas, discourses, and peoples has taken a global or
transnational form. Globalization impacts women in a number of aspects, both positively and
negatively.
The positive impacts are:

 Employment opportunities
 Education, experience and knowledge transfer
On the other hand, the negative impacts usually arise with regards to transnational organizations,
which
 Consider women as cheap labor;
Page 9 of 55
 Consider women as docile workers, willing to obey at any price; and

 Consider certain activities, like garment assembly, as an extension of female household
chores.
In any case, globalization is change and we need to systematically monitor its impacts.
1.5. Gender in the Media
As media is one of the most important socializing agents, which shapes our thoughts, lives,
attitudes and values, media plays and can play a vital role in terms of bringing about gender
equality. On one side, the portrayal of women and the content of media outputs can affect the
audiences, whereas on the other side, women, as media consumers, can use what they get from
media for their own personal growth.
Page 10 of 55
Chapter Two
Theoretical Foundations of Gender Equality
2.1. Foundations of Equality
Gender equality refers to the assignment of equal values for the roles of men and women. It thus
seeks to enable men, women, boys, and girls to have equal access to health, education, economic
and political resources and opportunities as well as to a safe living environment. Gender
inequality, on the other hand, refers to the distinctions we make between men and women and
the differential treatment we show towards them. Accordingly, gender inequality is the result of
social, economic, and political differences, not of the sexes.
Owing to various factors, like cultural stereotypes, gendered media, and sexism and
discrimination, gender inequality has been experienced in different aspects of life, such as:
1. Social Inequality
 Different social roles and responsibilities like the gender roles in parenting and
marriage
 Unequal access to education and health services
 Harmful traditional practices
2. Economic Inequality
 Unequal access to economic resources, such as capital, credit, employment
opportunities, etc.
 Unequal access to education and training, thus leading to income disparity
3. Political Inequality
 Poor representation at levels of decision making
Page 11 of 55
4. Legal Inequality
 Discriminatory laws
2.2. Equality Theories
2.2.1. Formal Equality

Also known as the “equality as consistency” theory, this is the theory that advocates for the
principle of equal treatment of likes. Accordingly, it starts with the premise that women and men
are the same, as they are human beings, and reaches to the conclusion that they should,
accordingly, be treated alike. It advocates for equal opportunities, equal access to opportunities
as well as equal performance.
The major problem with this theory is that it tends to ignore the biological differences between
men and women. Criticisms against this theory are:
A. When two individuals are relevantly alike?

It is very much obvious that every distinction is not discriminatory. Governments and individuals
classify people into groups for a wide variety of reasons and many of them are legitimate. For
taxation reasons, it is quite legitimate to distinguish between high income and low income
groups. In the allocation of council housing; it is quite legitimate to distinguish between people
with families’ and people without. Yet, as we have seen, for many years it was thought to be
legitimate to distinguish women from men, blacks from whites. The question comes that what
sort of discrimination should be outlawed by the law as illegitimate and unacceptable? One of
the biggest leaps in twentieth century struggles {or equality has been the recognition that
characteristics based on race and color, or ethnic origin should not in themselves constitute
relevant difference in justifying inferior treatment.
B. The principle as a merely relative principle

The second critic on this theory is the theory being merely a relative principle. The theory
requires only that two individuals be treated alike. This means that there is no difference in
Page 12 of 55
principle between treating two such people equally badly, and treating them equally well. There
is no substantive underpinning. For example, it has been held that if an employer harasses both
men and women, then there is no discrimination on the ground of sex because they are both
treated equally badly. In famous US case, a city which was required to open its”whites only”
swimming pools to blacks chose instead close down all its swimming pools. It was held that
identical treatment had been applied to both whites and blacks and that therefore there was no
breach of the equality.
C. The need of comparator

Inconsistent treatment can only be demonstrated by finding a similarly situated person of the
opposite race or sex who has been treated more favorably than the complaint. In making the
judgment that two individuals are relevantly alike, the law requires us to disregard the race or sex
of the parties.
D. Treatment of difference
This theory assumes that only ‘likes’ qualify for equal treatment, there is no requirement that
people be treated appropriately according to their difference. Thus, if a woman is doing work
less value than a comparable man, it may be appropriate to pay her less. But the theory does not
require that she be paid proportionately to the difference in the value of her work. Similarly,
cultural and religious differences might require positive measures which value difference in
order to achieve genuine equality.
In addition to the above mentioned concerns about the theory, there are some scholars who argue
that the theory is intensively individual. It is undeniable that the major contribution of this theory
has been its insistence that an individual be treated according to her own qualities or merits, and
not on the basis of negative stereotypes attributed to her because of her sex or race. However, in
rejecting the negative effects of taking group-based characteristics into account, the principle of
equality has assumed that all aspects of group membership should be disregarded. Yet we have
seen, cultural, religious, and ethnic group membership is an important aspect of individual’s
identity. Thus, taking group experience should not be disregarded while addressing inequality.
Page 13 of 55
It is clear from the above discussion that formal equality or equality of treatment has a role to
play, particularly in removing personal prejudice, it is also clear that it needs to be allied to a
more substantive approach.
2.2.2. Substantive Equality

Also known as the “equality of opportunities, results and rights”, this theory focuses not simply
on equal treatment but rather on results. It is concerned with
I. Equality of opportunities and access to opportunities
II. Equality of outcomes (results)
This theory is perhaps better than its counterpart as it recognizes the significant differences in the
characteristics of women and men. It thus considers
 Past disadvantages, thereby requiring affirmative action
 Biological differences, thereby recognizing maternity leave and child care
requirements
 Socially created differences, thereby providing for enabling conditions.
However, the problems with this theory are:

I. Ensuring substantive equality results in extra costs
II. The benefits are usually long term
Equality of opportunity in terms of women’s access on equal terms with men to the resources of
a country. This has to be secured by a framework of laws and policies, and supported by
institutions and mechanisms for their operation. This is referred to as the Obligation of means.
Thus the state is obligated to show results, not just stop at frameworks of equality that are strong
on paper, state to ensure the practical realization of rights This is referred to as the Obligation of
results.
2.3. Feminist Legal Theories
Page 14 of 55
Feminism is the belief in equal rights for women. With the advent of feminism, the focus was on
women’s rights to vote and to own property. Contemporary feminism has gone beyond this to
deal with how “equality” can be achieved in all spheres of life.
Feminist legal theory works on how to dismantle legal barriers, which, in the past, may have
denied equal opportunity to women. It thus advocates for the redistribution of power from the
dominant class, i.e. males, to the subordinate class, i.e. females. Feminist legal theories are based
on the notion that law has been instrumental in women’s historical subordination. They thus:
 seek to explain ways in which the law played a role in women’s former subordinate status
 are dedicated to changing women’s status through a reworking of law and its approach to
gender
According to feminist legal theories, women should be treated equally with men by the law
because they are really not different from one another. The differences that exist between them
are not weaknesses or deficiencies and thus the law should account for them correctly.
Important tools for feminist legal theories are personal narratives. Accordingly, they go by the
motto “personal is political”. They state that within personal narratives are important political
issues that are or can be affected by laws.
The main approaches to feminist legal theories can be categorized into four:
1. Equality (Equal Treatment) Model

 Focuses on ensuring that women are afforded equality and seeks to achieve this either by
way of a more thorough application of liberal values to women’s experiences or the
revision of liberal categories to take gender into account
 Attacks laws that treat women differently than men and recommends laws that
promulgate change in social policies or practices that put women in inferior positions.
2. Sexual Difference Model
Page 15 of 55
 Emphasizes the significance of gender differences and holds that these differences should
be taken into account by the law.
 It is only by taking into account these differences that the law can provide adequate
remedies for women’s situations
 Critiques facially neutral laws that affect women and men separately and recommends
laws that ease the burdens that gendered expectations place on people, particularly
women
3. Dominance Model
 Views the legal system as a mechanism for the perpetuation of male dominance
 When a law has a differential effect on the binary gender categories of male and female,
this is an exercise of power, a way in which women are subordinate to men
4. Anti-Essentialist (Intersectionality) Model

 Objects to the idea that there can be any universal women’s voice and criticizes feminists
for implicitly basing their work on the experiences of white, middle class, heterosexual
females.
 Explores the ways in which class, race, sexual orientation and other axes of subordination
interplay with gender
 Rejects that gender issues in the law can or should be considered in isolation
2.4. Equality under International Legal Instruments
1. The International Bill of Human Rights (UDHR, ICCPR, ICESCR, and the two Optional
Protocols)
 Recognize the formal equality of men and women as they state that “everyone is entitled
to all the rights and freedoms set forth … without distinction of any kind, such as race,
color, sex, …”
 Refer to Articles 2 and 7 of UDHR, Articles 2(2) and 3 of ICESCR, and Articles 2(1), 3
and 14 of ICCPR
Page 16 of 55
2. CEDAW
 Recognizes both formal and substantive equality in Article 2 which states the principle of
non-discrimination as
“any distinction, exclusion or restriction made on the basis of sex, which has the effect or
purpose of nullifying or impairing 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”
 Further recognizes that legal right alone is not enough, but that gender equality needs to
be promoted through gender specific actions; like affirmative action, which is recognized
in Article 4 and the Rights of Rural women recognized under Article 14
3. European Convention for the Protection of Human Rights and Fundamental Freedoms
 Reiterates the principle of non-discrimination under Article 14
4. African Charter on Human and People’s Rights

 Reiterates the principle of non-discrimination under Article 2
5. Protocol to the ACHPR on the Rights of Women in Africa

 Reiterates the principle of non-discrimination under its Preamble and Article 1(f)
 Provides for affirmative action under Article 2(1)(d)
6. ILO Resolution on Gender Equality, Pay Equity and Maternity Protection

 Provides for gender equality in employment
 Affirms the right to equal pay for equal work and for maternity leave
7. Convention on the Rights of the Child

 Provides for equality of the sexes under Article 29(1)(d)
 Reiterates the principle of non-discrimination under its Preamble and Article 2
Page 17 of 55
8. AU Solemn Declaration on Gender Equality in Africa

 Reiterates the principle of non-discrimination
9. African Charter on the Rights and Welfare of the Child

 Reiterates the principle of non-discrimination under its Preamble and Article 3
10. African Charter on Democracy, Elections and Governance

 Has among its objectives set forth under Article 2:
 Promotion of gender balance and equality in the governance and development
process
 Elimination of all forms of discrimination
11. Beijing Declaration and Platform for Action

 Reiterates the principle of non-discrimination
12. Rio Declaration on Environment and Development

 Reiterates the principle of non-discrimination under Principle 20
II.5. Equality under the FDRE Constitution
A close look at the Ethiopian constitution shows the inclusion of two types of equality principles;
the formal and the equality of results. The formal equality theory is enshrined under article 25 of
the FDRE constitution. This provision read as follows:
Article 25
Right to Equality
All persons are equal before the law and are entitled without any discrimination to
the equal protection of the law. In this respect, the law shall guarantee to all persons
equal and effective protection without discrimination on grounds of race, nation,
nationality, or other social origin, colour, sex, language, religion, political or other
opinion, property, birth or other status.
Page 18 of 55
The constitutional provision on equality guarantees equal protection of the law all
sections of the society. On the other hand, the substantive model of equality is, on the
other hand enshrined under article 35 of the constitution. The provision read as follows:
Article 35
Rights of Women
35(3)
The historical legacy of inequality and discrimination suffered by women in
Ethiopia taken into account, women, in order to remedy this legacy, are entitled to
affirmative measures. The purpose of such measures shall be to provide special
attention to women so as to enable them compete and participate on the basis of
equality with men in political, social and economic life as well as in public and
private institutions.
The constitutional provision promotes substantive equality by seeking equality between

women and men while involving in public life like education, employment and
participation in politics. The provision also shows that the equality principle is chosen
because of the need of addressing the past discrimination on women. Hence the
equality theory in the provision found itself on the basis of remedial measure to a
disadvantaged group in the past. It is also true that the provision aimed at achieving
democratic participation in various sectors by allowing equal participation of women
and men in various sectors.
Page 19 of 55
Chapter Three
Gender and Family
Gender in a family setting basically leads to a traditional marriage setting whereby

certain acts such as early marriage and abduction lead to gender inequality and where
the roles of males and females have been pre-set.
3.1. Early Marriage
 Early marriage refers to any marriage where either or both of the spouses is younger
than 18 years old.
 A child, as defined by Article 1 of the Convention on the Rights of the Child, is
anyone below the age of 18 years. Accordingly, early marriage refers to marriage of
a child.
 The imposition of a marriage upon a child means that a girl’s or a boy’s childhood
is cut short and their fundamental rights compromised.
 Types of early marriage include:
 Promissory marriage: whereby a verbal promise is made at birth or infancy
by parents to have their children married.
 Child marriage: marriage of a child under the age of 10 years.
 Adolescent marriage: marriage of a child between 10 and 15 years of age.
 Early marriage: marriage of a child between 15 and 18 years of age.
 While child marriage affects both sexes, girls are disproportionately affected as they
are the majority of the victims.
 Statistics show that:
 Early marriage is mostly common in sub-Saharan Africa and Southeast
Asia.
 13% of girls in Ethiopia are married by the age of 15 years.
Page 20 of 55
 66% of girls in Ethiopia get married by the age of 18 years.

 Although widely practiced in the nation as a whole, rates differ from region
to region. For instance:
 Amhara – 82%
 Tigray – 79%
 Benshangul – 64%
 Gambella – 64%
 Afar – 46%
3.2. Forced Marriage/Abduction
 Forced marriage refers to marriage conducted without the valid consent of one or
both parties.
 It can be claimed that any early marriage is a forced marriage as the child is not old
enough to make fully informed consent.
 The most prevalent form of forced marriage in Ethiopia is abduction.
 Statistics show that:
 In the region of the Southern Nations, Nationalities and Peoples, 87% of
abduction is concluded in marriage.
3.3. Legal Framework governing Early and Forced Marriage
1. UDHR
Article 16
(1) Men and women of full age … have the right to marry and found a family.
(2) Marriage shall be entered into only with the free and full consent of the intending
parties.
2. Convention on Consent to Marriage, Minimum Age for Marriage and Registration

of Marriage
Page 21 of 55
Article 1: full and free consent of both parties is a requirement

Article 2: obliges state parties to specify minimum age for marriage (no less than 15
years of age)
3. CEDAW
Article 16
(1) (b) Men and women have the same right to freely choose a spouse and to enter into
marriage only with their free and full consent.
(2) The betrothal and the marriage of a child shall have no legal effect and all the
necessary action, including legislation, shall be taken to specify a minimum age for
marriage.
4. African Charter on the Rights and Welfare of the Child

Article XXI
Child marriage and the betrothal of girls and boys shall be prohibited and effective
action, including legislation, shall be taken to specify the minimum age for marriage (no
less than 18 years of age)
5. Revised Family Code of Ethiopia

Article 6: specifies consent and age as the two essential conditions for marriage
Article 7
Neither a man nor a woman who has attained the full age of 18 years shall conclude
marriage.
6. Criminal Code of Ethiopia

Article 620: abduction is a crime irrespective of marriage afterwards.
Article 648: early marriage is a punishable act
7. FDRE Constitution
Article 3(4): laws, customs, and practices that oppress or cause harm to women are
prohibited.
Page 22 of 55
3.4. Causes and Consequences of Early and Forced Marriages
Despite the legal sanctions, early and forced marriages still continue to persist as shown by the
statistics.
3.4.1. Causes and Reasons Behind
 Customs, Traditions and Values

 The desire or the need to maintain the family’s good name and social standing
 The need to ensure the girl’s virginity at marriage
 Cultural value and personal importance of witnessing the marriage of one’s children
 Poverty/Economic Causes
 Early marriage is considered as one way to improve the economic status of the family
 Where poverty is acute, a young girl may regarded as an economic burden
 Lack of Knowledge
 Parents approve it because they are ignorant of its negative consequences on their
children
3.4.2. Consequences
 Instability of marriage
 Family is the fundamental unit of any society
 Forced and early marriages lead to disagreement and eventual divorce or separation,
thereby creating instability and disturbances within the family
 Termination of education
 Cutting off opportunities to get educated
Page 23 of 55
 Health impacts
 Impact on sexual health of girls: pain associated with sexual intercourse as a result of
psychological immaturity of their sexual organs
 Complications during pregnancy and childbirth, such as fistula
 Vulnerability to STDs, including HIV/AIDS
 Inability to plan (Family Planning)

 Early marriage increases the span of women’s reproductive period. Thus, those who
marry early are more likely to have greater number of children
 Increased risk of violence, maltreatment and the deprivation of rights
3.5. Suggestions on Elimination of Early and Forced Marriages
 Challenge traditions
 Inform the community on the negative consequences
 Create a supportive network to empower girls to negotiate with parents
 Expand training for health and community workers on the dangers of such marriages
 Strengthen the role of the judicial system, particularly the police, judges, and prosecutors,
through training on enforcement of the law.
 Develop strong support systems to keep girls in schools
 Bring leading professional women to communities to talk to girls as role models and sources
of inspiration.
3.6. Dissolution of Marriage and Its Gender-Related Consequences
3.6.1. Custody and Support of Children
Page 24 of 55
 Rather than focusing on gender here, the focus is on the best interest of the child, as stated
under Article 4 of the CRC.
 The standing practice is that the mother is responsible for care, thereby custody, and the
father for support.
 This is usually because mothers don’t have the economic resources for support. Statistics
show that 47% of urban married women and 56% of rural married women do not engage in
any economic activity.
3.6.2. The Role of Women in the Personal Successes of their Husbands
Despite significant gains in educational and professional attainment as well as attitudes towards
men, women still continue to lag behind in economic and labor market success. As women are
primarily responsible for the household and for childrearing, they usually do not get the
opportunity to enhance their individual achievements. On the other hand, men do not need to
worry about their houses. They can spend the time that they would have otherwise spent on
household chores improving their personal status. For instance, they might get further education,
they will gain more experience in the workplace, they can work after hours etc.
Page 25 of 55
Chapter Four
Gender Based Violence
4.1. Definition
 Gender based violence is any violence against individuals, regardless of sex, regardless of
gender.
 With the growing of feminism, the issue of violence against women gained prevalence in the
1970s. Violence against women is as old as the history of women being obedient to men.
 The historical unequal power relationship between men and women has led to pervasive
cultural stereotypes and attitudes that perpetuate a cycle of violence.
 Basically, the term violence against women refers to any type of harmful behavior (violence)
directed at women and girls because of their sex.
 The first official definition of violence against women was given in 1993 by the UN General
Assembly Declaration on the Elimination of VAW (DEVAW), under Article 1 as
Any act of gender-based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or private life.
 This definition is broad enough to encompass
 Physical as well as psychological harm
 Actual acts as well as threats
 The DEVAW definition is the most inclusive and widely agreed to international definition of
violence against women.
4.2. Scope and Context
VAW occurs in all geographic regions, countries, cultures, and economic classes.
4.3. Consequences
Page 26 of 55
 Violence and the social stigma of violence negatively affect the ability of women and
girls to participate fully in and contribute to their communities.
 Women who experience violence are less likely to hold jobs and are more likely to live in
poverty than those who do not experience violence.
 Violence and the fear of violence may cause some women to avoid public places such as
schools and the workplace.
 Women may also be less likely to participate in political activities or development
projects because of the threat of physical violence.
 Harassment and sexual abuse contribute to low female enrollment rates and high dropout
rates from secondary schools.
 The health consequences of VAW are significant, with many victims suffering from
severe physical and mental health consequences, both immediate and long-term.
Numerous studies have found that women and girls who experience violence have an
increased risk of poor physical and reproductive health.
4.4. Prevalence and Circumstances
World Health Organization (WHO) multi-country surveys estimate that between 10% and 69%
of women have been physically hit or harmed by a male partner at some point in their lives. The
WHO survey found that levels of violence tend to vary by country, and that women in
developing countries may experience higher rates of violence than those in developed countries.
Some research indicates that approximately one in five women experiences rape or attempted
rape during her lifetime. Surveys in some Asian and sub-Saharan African countries have found
high female mortality rates due to female infanticide and nutritional neglect of young girls.
Many incidences of violence are not reported because of the shame and fear associated with
being a victim. Experts generally agree that current levels of violence reported through studies
and national and local law enforcement records represent a minimum of actual VAW cases.
Rates of sex trafficking, sexual violence in armed conflict situations, female infanticide, and
violence in schools and the workplace, for example, are thought to be significantly under-
documented, particularly in developing countries like Ethiopia. Underreporting may occur
Page 27 of 55
because victims view violence as normal or expected behavior. In addition, in certain

circumstances it is difficult for researchers to collect data on VAW prevalence. In conflict
situations, for example, potentially dangerous and fluid conditions may affect the ability of
researchers to gain access or create conditions conducive to victims coming forward. In addition,
some communities, particularly those in developing countries, lack adequate law enforcement
infrastructure and reporting services, which may discourage women from reporting abuse.
VAW can occur in the home as well as in public and private institutions, including the
workplace, schools, universities, and state institutions. Custodial VAW, which includes violence
in prisons, immigration detention centers, social welfare institutions, and jails, is reported in
many areas of the world — though there are not enough to data to quantify its prevalence
globally. Moreover, VAW in schools, which can be perpetrated by teachers, administrators, and
students, is prevalent in developing countries. World Bank study found that approximately 22%
of women reported being sexually abused in school. A qualitative study in Ethiopia found that
harassment and sexual abuse contributed to low female enrollment rates and high dropout rates
from secondary school.
4.5. Types of Violence against Women
 Article 2 of the DEVAW clarifies the definition it provides under Article 1 by stating that
violence against women
“should encompass, but not be limited to, acts of physical, sexual and
psychological violence in the family and the community. These acts include
spousal battering, sexual abuse of women and girls, dowry related violence, rape
(including marital rape), and harmful traditional practices such as female genital
mutilation. They also include non-spousal violence like sexual harassment and
intimidation at work and in school, trafficking in women, forced prostitution and
violence perpetrated or condoned by the state, such as rape in war”.
 Violence against women can be categorized into harmful traditional practices and others.
Page 28 of 55
4.5.1. Harmful Traditional Practices
Harmful traditional practices are deeply rooted in the traditions and cultures of society; and are
thus considered socially acceptable, and are encouraged by family members and the community.
What constitutes HTPs may vary from culture to culture. However, most types of violence
against women constitute HTPs.
1. Abduction
 Cultural practice of taking a girl as a wife by force
 Village elders ask the family of the girl to agree to the marriage, which they usually do.
 Legal provisions governing abduction in Ethiopia
 FDRE Constitution, Article 35(4): The state shall enforce the right of women to eliminate
the influences of harmful customs. Laws, customs and practices that oppress or cause
bodily or mental harm to women are prohibited.
 Criminal Code, Article 587: abduction of a woman is a crime, irrespective of the
conclusion of marriage afterwards/
2. Female Genital Mutilation

 Cutting and removing parts or all of the female genitalia.
 It is usually undertaken without anesthetic, which leads to serious infections, serious
problems during sexual intercourse and child delivery, contraction of diseases and
psychological trauma.
 Legal provisions governing FGM in Ethiopia
 Criminal Code, Article 565: Female Circumcision is a crime
 Criminal Code, Article 566: Infibulation (removal of the external genitalia and the
stitching of the two sides of the vulva) is a crime
3. Dowry Abuse
 The abuse (usually burning or stoning to death) of a woman whose dowry was not considered
sufficient
Page 29 of 55
 It is a practice most common in India.

 Most incidences are reported as accidental burns or suicides.
4. Honor Killing
 The killing or abuse of a woman in the name of maintaining family name and honor.
 It is a practice most common in India and the Middle East.
5. Early Marriage
6. Forced Marriage
4.5.2. Others
1. Rape
 Forced, unwanted sexual intercourse
 Marital rape refers to rape committed within marriage
 Legal provisions governing rape in Ethiopia:
 Criminal Code Article 551: rape is recognized as one of the cases where abortion is
legalized
 Criminal Code Article 620: puts rape as a crime but clearly precludes marital rape.
 Criminal Code Article 621: criminalizes rape of a man by a woman. However, unlike
Article 620, it seems to encompass marital rape.
2. Forced Prostitution
 Conditions of control over a person who is coerced by another to engage in sexual activity.
 It is an international crime as of the 1949 UN Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prostitution of Others.
 Legal Provisions governing forced prostitution in Ethiopia
 Criminal Code Article 590: aggravates abduction where it is committed for prostitution
 Criminal Code Article 635: puts trafficking for prostitution as a crime
Page 30 of 55
3. Trafficking
 Recruitment, transportation, harboring and receipt of people for the purposes of slavery,
forced labor, servitude and exploitation
 Women and children are usually trafficked for forced prostitution and forced labor.
 Legal provisions governing trafficking in Ethiopia:
 Criminal Code Article 597: criminalizes trafficking for forced labor
 Criminal Code Article 598: criminalizes unlawful sending of Ethiopians for work abroad
 Criminal Code Article 635: criminalizes trafficking in women and minors
4. Sexual Harassment
 Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct
of a sexual nature by people with some form of power over the victim.
 Usually common in the workplace and in schools
 Legal provisions governing sexual harassment in Ethiopia:
 Criminal Code Article 624: governs harassment of people in hospital, interned or under
detention
 Criminal Code Article 625: criminalizes sexual harassment.
5. Domestic Violence
 Violence by an intimate partner and/or by other family members
Page 31 of 55
Chapter Five
Gender and Education
Education is defined as the teaching or training of people, especially in schools (primary,

secondary, higher etc.) with the purpose of developing the powers and capacities hidden within
individuals so that they can contribute their share to an ever-advancing civilization.
5.1. Education and Its Importance

Education is an important key for social transformation and benefits both the individual and the
society at large. However, there is great gender disparity in education. Statistics show that:
 The number of out of school female children in higher than that of out of school males.
 For every 100 boys out of school, there are 132 girls out of school.
 Primary school completion rate is 66% for female students and 76% for male students.
Women’s lower level of education has contributed to women’s unemployment, lower earnings,
poverty etc. A society with high illiteracy among women has high fertility rate, high child and
infant mortality rates, lower GDP and high percentage of STDs.
5.1.1. Importance of Education to Women
A. For Individual Growth

 Educated girls have more life choices and opportunities to participate in community life and
decision making
 Educated girls marry later and have fewer, healthier and better nourished children
 Educated girls yield the highest returns in economic terms and have greater wage earning
opportunities
 Educated girls have more exposure to information
 Educated girls better resist violence against women, like domestic violence
Page 32 of 55
B. For Society at Large

 Reduced fertility rates because educated girls follow family planning, marry later in life, etc.
It is estimated that 1 year of female schooling reduces fertility by 10%.
 Lower infant and child mortality as educated girls seek medical care, immunization and
proper nutrition for their children
 Lower maternal mortality rates as educated girls have the necessary knowledge about health
care practices, and are less likely to become pregnant at an early age. It is estimated that 1
year of schooling for 1000 women helps prevent 2 maternal deaths.
 Reduced vulnerability to STDs like HIV/AIDS as they are better informed and have
economic independence
 Increased women labor force participation rates and earnings
 Intergenerational education benefits
5.1.2. Factors behind Gender Disparity in Education
The major factors behind gender disparity in education can be categorized into four, cultural,
social, political and economic. These factors relate to:
 Strong bias against investment in girls’ education as they are believed to be better at
household chores and to be less competent than men
 Distance to nearest school, which raises fear of abduction and violence, like rape
 Forced and early marriage
 Teenage pregnancy
 Child labor
 Inadequate treatment of girls in schools
Basically, the reasons behind the gender disparity in education are poverty, culture and tradition,
schooling quality, distance to schools, HIV/AIDS, orphan hood, conflicts, gender based violence
and the like.
Page 33 of 55
5.2. Education and Ethiopian Women
 The majority of Ethiopian women hold low status in the society and thus face lack of
educational opportunities.
 Gender inequality in education is high in Ethiopia.
 Gender gap between boy and girls in primary and secondary schools is 20%
 There are also higher dropout and repetition rates among girls than boys.
 Level of girls’ primary school enrolment, though it increased to 71% in the 21 st century, was
19% throughout the 1990s.
5.3. Education: Right or Privilege?
Education has been recognized in international, regional and national legal instruments as a
human right. The reason behind this recognition is the fact that education is considered
indispensable to the preservation and enhancement of the inherent dignity of humans.
5.3.1. The Right to Education in Legal Instruments
1. UDHR
Article 20
 Everyone has the right to education
 Free and compulsory elementary education
 Equally accessible higher education
 Education should be directed towards the full development of the human
personality and strengthening respect for human rights
2. ICESCR
Article 13
 Everyone has the right to education
Page 34 of 55
 Education should contribute to the full development of human personality

 Primary education shall be compulsory and free
 Secondary education, including technical and vocational education, shall be
generally available and accessible to all (to the extent of progressive introduction
of free education)
 Higher education shall be equally accessible (on the basis of capacity and merit)
Article 14
Each state party that has not been able to secure compulsory primary education free of
charge shall undertake, within 2 years, to work out and adopt a detailed plan of action for
the progressive implementation of compulsory primary education free of charge for all.
3. CRC
Article 28
Reiterates Article 13 of the ICESCR in light of children
Article 29
Education of a child shall be directed towards the development of the child’s personality,
talents and mental and physical abilities to his/her fullest potential.
4. UNESCO Convention against Discrimination in Education

State parties must undertake to formulate, develop and apply a national policy which will
tend to promote equality of opportunity and treatment, and, in particular, to make primary
education free and compulsory.
5. CEDAW
Article 10
 Equal access to career and vocational guidance and to studies at all educational
levels
 Access to same curricula and examinations
 Elimination of stereotyping in the roles of men and women
Page 35 of 55
 Same opportunities to benefit from academic scholarships
6. ACHPR
Article 17
Reiterates the right to education as mentioned under the UDHR, ICESCR and CEDAW
7. Protocol to the ACHPR on the Rights of Women in Africa

Article 13
Reiterates Article 17 of the ACHPR
8. AU Solemn Declaration on Gender Equality in Africa

Article 8
Recognizes the right to education
9. FDRE Constitution
Article 41(3)
Every Ethiopian national has the right to equal access to publicly funded social services
Article 41(4)
The state has the obligation to allocate ever increasing resources to provide to public
health, education and other social services
Article 90
To the extent the country’s resources permit, policies shall aim to provide all Ethiopians
access to public health and education, clean water, housing, food and social security.
Article 36(1)(d)
Prohibits people from requiring and/or permitting children to do work which is hazardous
or harmful to their education.
Page 36 of 55
5.3.2. Elements of States’ Obligations with respect to the Right to Education
There are four elements of States’ Obligations with respect to the Right to Education
1. Availability
 Making primary education free, compulsory and available
 Providing for educational opportunities
2. Accessibility
 Access to existing educational institutions for all on the basis of equality and non-
discrimination
3. Acceptability
 States are obliged to ensure that all schools conform to the minimum international
standards as well as to those standards set by parents and guardians
 It thus incorporates the right to choose type of education, and the right to establish,
maintain, manage and control private institutions
4. Adaptability
 Education system should remain adaptable, taking into account the best interest of the
child.
5.4. Gender Based Discrimination in Education
5.4.1. Definition
Gender based discrimination in education refers to any distinction, exclusion or restriction made
on the ground of sex, having the effect of impairing or nullifying the recognition, enjoyment or
exercise of the right to education.
Page 37 of 55
5.4.2. Addressing Gender based Discrimination in Education
The most prevalent way of addressing gender based discrimination in education is through the
designing and implementation of temporary special measures by states.
A. Temporary Special Measures
Temporary special measures refer to programs, policies, and laws that place women in a situation
of comparative advantage to men for a limited period, with the aim of achieving substantive
equality between the two sexes in the long term. These temporary special measures, rather than
giving preference to men, seek to redress the fact of historical disadvantage faced by women. To
achieve their goals, temporary special measures must be accompanied by or operate in the
context of enabling mechanisms which support the achievement of substantive equality. These
mechanisms may include services, structural policies, and effective institutional remedies to
overcome and deter discrimination.
Article 4(1) of the CEDAW states that

Adoption by state parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination, …, but shall in
no way entail, as a consequence, the maintenance of unequal or separate standard; these
measures shall be discontinued when the objective of equality of opportunity and
treatment have been achieved.
Temporary special measures can be justified on the grounds of:

a) Compensatory Justice: making up for past harms and disadvantages women suffered; and
remedying the lingering effects of the past discrimination.
b) Distributive Justice: correcting current imbalances between men and women with respect
to their access to elements of life.
Page 38 of 55
c) Social Utility: mobilizing the economic and social potential of women for the common
good of society; and encouraging and facilitating the social transformation and the
promotion of diversity.
d) Access to Justice: allowing women to fully claim and realize their human rights.
B. Temporary Special Measures in Ethiopia
As a signatory to CEDAW and other pertinent international instruments, Ethiopia is obliged to

take temporary special measures to end discrimination and gender stereotypes. In this regards,
the government has undertaken various measures as of the year 2002:
 Affirmative action to increase enrolment of female students in education. For example,
30% of the places in higher education are reserved for females.
 Girls’ scholarship programs have been introduced so as to promote girls’ education and
to encourage girls to remain in school as well as to encourage parents and the community
to send their daughters to school.
 The Ministry of Education has taken action with regards to enacting appropriate polity
instruments and strategic measures, most notable of which are:
 Development of girls’ education policy
 Development of policy implementing strategy
 Incorporating “gender mainstreaming” in curricula
 Capacity building of head teachers
 Establishment of gender focal points in regions
 Conducting research on gender
 Expansion of educational provisions, ranging from the construction of schools, to the
arrangement of tutorials for females, to the increase in the number of female teachers
 Awareness raising campaigns
Page 39 of 55
Chapter Six
Gender and Employment
Legally speaking, women have the same rights at work as men. In fact, women, unlike men,
benefit from special rights like maternity rights. However, women suffer more problems at work
than men, like low pay, discrimination, and occupational segregation (i.e. the designation of
certain low paid and low valued occupations like cleaning, nursing, house work etc. as female
occupations).
6.1. Gender-Based Discrimination in Employment
The 1958 ILO Convention against Discrimination in Employment and Occupation defines
discrimination in employment as
any distinction, exclusion or preference based on designated criteria such as race, color,
sex, religion, political opinion, national extraction, social origin or other designated
criteria which have the effect of nullifying or impairing equality of opportunity or
treatment in employment or occupation.
Accordingly, gender based discrimination in employment is any such discrimination made on

the ground of sex. However, the same convention provides an exception under Article 5
where it states that “measures taken to meet the requirement of persons who need special
protection for reasons to do with sex, age, disablement, family responsibility or social or
cultural status shall not be deemed to be discrimination”.
There is a big gender difference in the world’s labor force. This gender gap becomes wider as
one goes from the developed to the developing parts of the world. The factors behind the
discrimination vary from place to place. The most prevalent factors, however, are:
 Women need to work flexibly as they need to take maternity leave and devote much
of their time to domestic commitments (for example, research indicates that women
Page 40 of 55
spend 70% of their time providing care for families and communities while men
devote only 30% of their time doing the same)
 Low level of education
 Prejudices and misconceptions about the capability and strength of women.
6.2. The Right to Employment as a Human Right
Recognizing employment as one of the factors necessary for the promotion and protection of the
inherent dignity of all human beings, the right to employment has been recognized under various
international, regional and national legal documents.
1) UDHR
Article 23(1): everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment.
2) ICESCR
Article 6(1): the state parties to the present covenant recognize the right to work, which includes
the right of everyone to the opportunity to gain his living by work which he freely chooses or
accepts, and will take appropriate steps to safeguard this right.
3) 1964 Employment Policy Convention

Preamble: reiterates Article 23(1) of the UDHR
4) 1988 Employment Promotion and Protection against Unemployment Convention

Obliges state parties to promote employment and provide protection against unemployment (by
means of benefit and social security schemes)
5) ACHPR
Article 15: every individual shall have the right to work under equitable and satisfactory
conditions and shall receive equal pay for equal work.
Page 41 of 55
6) FDRE Constitution
Article 41(7): the state shall undertake all measures necessary for to increase opportunities for
citizens to find gainful employment.
6.3. Equality in the Workplace
 The legal instruments referred to above not only recognize the right to work but also provide
for equal opportunities and equal treatment.
 Gender equality in the work place is sought to be achieved by recognizing equality in general
as well as the special needs of women, which emanate from their very nature. Accordingly,
we have:
6.3.1. Equal Pay for Equal Work
 Where a woman is undertaking the same work as a man, she has the right to be paid the same
as the man.
 Equal work refers to
 Work which is the same or broadly similar (like work)
 Work which is rated equal under a job evaluation scheme
 Work which is of equal value in the same employment
 Equal pay refers to
 Ordinary, basic or minimum wage or salary
 Additional emoluments payable directly or indirectly; or in kind or in cash.
 Legally the principle of equal pay for equal work is protected as follows:
1) UDHR
Article 23(2) recognizes the right of everyone to equal pay for equal work.
Page 42 of 55
2) 1951 Equal Remuneration Convention

Articles 1 and 2 impose a duty on all state parties to promote and ensure the application to all
workers of the principle of equal remuneration for men and women workers for works of equal
value.
3) ICESCR
Article 7 recognizes the principle of equal remuneration for work of equal value without
distinction of any kind; in particular women being guaranteed conditions of work not inferior to
those enjoyed by men, with equal pay for equal work.
4) ACHPR
Article 15 guarantees to everyone the right to equal pay for equal work.
5) Protocol to the ACHPR on the Rights of Women in Africa

Article 13(b) imposes an obligation on state parties to adopt and promote the right to equal
remuneration for jobs of equal value
Article 35(8) states that women shall have a right to equality in employment, promotion, pay and
the transfer of pension entitlements.
7) Federal Civil Servants Proclamation

Preamble reiterates the constitutional principle of equal pay for equal work.
6.3.2. Maternity Rights
 As an extension of the protection afforded to mothers and children, different international,

regional and national laws recognize maternity rights.
 Maternity rights include
Page 43 of 55
1) The Right to Health Protection: aimed at protecting the pregnant or breastfeeding woman
from being obliged to perform work which is prejudicial to the health of the mother or the
child; or which involves a significant risk to the mother’s or the child’s health.
2) Maternity Leave: leave in relation to child birth upon the production of medical or other
relevant certificate.
 Legally, maternity rights are protected as follows:
1) ILO Convention concerning the Revision of Maternity Protection

Article 4 prescribes maternity leave for a minimum of 14 weeks, amongst which 6 weeks ought
to form compulsory postnatal leave.
Article 5 provides for leave in case of illness, complications or risks of complications arising out
of pregnancy or childbirth.
2) CEDAW
Article 4 stipulates that special measures aimed at maternity protection shall not be considered
as discrimination within the definition provided under Article 1.
Article 11 provides for:
 Prevention of discrimination on the ground of maternity
 Maternity leave with pay
 Health rights

Article 13(1) obliges states to guarantee adequate and paid pre- and postnatal maternity leave.
Article 35(5) stipulates that:
(a) Women have the right to maternity leave with full pay
(b) Maternity leave may include pre-natal leave with full pay
Page 44 of 55

Article 35 provides for maternity leave which includes:
 Paid leave for examination
 30 days pre-natal leave
 60 days post-natal leave
6) Labor Proclamation
Article 88 reiterates what has been provided under Article 35 of the Federal Civil Servants
Proclamation.
6.4. Sexual Harassment in the Workplace
Sexual harassment in the workplace refers to gender-specific violence against women in the
workplace. It comprises acts including pressure, degradation, or hostility. It constitutes violence
against women. It has its roots in power relationship and victimization. It thus results from
misuse of power. In the vast majority of cases, victims of sexual harassment are women, usually
because:
 in most cases, men hold more power than women in employment
 social and cultural norms
Sexual harassment in the workplace is a form of discrimination against women as it affects
women and creates distinction, exclusion or restriction which has the effect of impairing or
nullifying their human right, i.e. the right to work and the right to safe and secure working
environment.
It is not possible to have an exhaustive list of the acts that comprise sexual harassment in the
workplace. General Recommendation 19 of the CEDAW Committee provides the most
comprehensive list of sexual harassment in the workplace. Accordingly, sexual harassment in the
workplace encompasses acts ranging from sexual assault, display or distribution of pornography,
suggestive gestures, physical contact, repeated prostitution for sexual favors, comments on
appearance or comments of sexual nature relating to the victim or to a third party …, all of which
are unwelcome by the victim.
Page 45 of 55
A single act or a series of acts constitute sexual harassment in the workplace depending on the
facts and the circumstances of the case. Perpetrators of sexual harassment in the workplace are
employers, superior or co-workers, while victims are mostly women.
Studies on sexual harassment cases and experiences of women have shown two dominant
categories of sexual harassment in the workplace:
1. Quid Pro Quo Sexual Harassment

 Situations where an employer or superior at work makes tangible job-related consequences
conditional upon obtaining sexual favors from an employee
 Conditions of employment (such as hiring, firing, promotion, retention etc.) will be made
contingent on the victim providing sexual favors.
2. Hostile Working Environment Sexual Harassment

 Sexual harassment of any type affecting and unreasonably interfering with an individual’s
job performance or creating an intimidating, hostile or offensive working environment
 The hostile environment could be psychological, physically threatening or humiliating or
offensive statements.
In sexual harassment cases, the unwelcome relationship results from a difference in institutional
power between the parties and the threat of some substantial sanction or some substantial reward
predicated upon entry into the relationship.
Legally speaking, sexual harassment in the workplace is regulated through the following legal
regimes:
1) UDHR
Article 23(1) entitles everyone to just and favorable conditions of work.
Page 46 of 55
2) CEDAW
Article 1 defines discrimination as any distinction, exclusion or restriction which has the effect
of impairing or nullifying the recognition, exercise and enjoyment of rights, including the right to
work.
Article 2(e) obliges state parties to take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise.
Article 11 further stipulates that:
1. States 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 :
b. The right to work as an inalienable right of all human beings.
f. The right to protection of health and to safety in working conditions.
3) ICESCR
Article 7 provides for just and favorable conditions of work which includes the right to safe and
healthy working conditions.
4) General Recommendation 19 of the CEDAW Committee

It recognizes sexual harassment as humiliating and constituting a health and safety problem.
5) ILO Discrimination (Employment and Occupation) Convention

It requires state parties to implement a national policy to eliminate all forms of employment
discrimination which also includes sexual harassment in the workplace.
6) DEVAW
Violence against women, under the Declaration, is to be understood to encompass physical,
sexual and psychological violence occurring in the general community, including sexual
harassment and intimidation at work
Page 47 of 55
7) Beijing Declaration and Platform for Action

The declaration reaffirms the principles enshrined under the UN Charter, the UDHR, DEVAW
and CEDAW.
The Platform for Action includes sexual harassment and intimidation in its definition of violence
against women and obliges state parties to take appropriate action.
Article 89(8) obliges government to endeavor to protect and promote the health, welfare and
living standards to the working population of the country.

Article 66 includes, under Offences entailing Rigorous Penalties:
(5) initiation of physical violence at work
(8 commission of an immoral act at work
(13) abuse of power
10) Labor Proclamation

Article 2(6) defines conditions of work as the entire field of relations between workers and
employers including … workers’ health and safety… grievance procedures and any other similar
matters.
Article 12 (3) obliges the employer to respect the worker’s human dignity.
Article 32(1)(a) sets acts contrary to human dignity and morals committed by employer as one
ground for termination by worker.
Page 48 of 55
Chapter Seven
Political Participation of Women
7.1. Background
Women’s political participation refers to women’s ability to participate equally with men, at all
levels, and in all aspects of political life and decision making. Women, as they constitute slightly
more than half the world’s population, contribute to the social and economic development of
societies more than half as compared to men. However, their participation in formal political
structures and processes, where decisions regarding social and economic resources are made,
remains insignificant. For instance, women’s representation in legislatures around the world is
15%.
7.2. Factors affecting Women’s Political Participation
The factors affecting women’s political participation can be summarized into three:
1) Personal Factors
 Lack of personal ambition (which has resulted from the lack of women friendly political
environment, cultural and social biases etc.)
 Lack of financial support
2) Socio-Economic and Cultural Factors

 Social status (societal and cultural attitudes on women’s political participation)
 Level of education and profession
 Strong women’s movements
3) Political Factors
 Electoral systems favoring women’s participation
Page 49 of 55
 Presence of gender quotas
7.3. Women’s Right to Participate in Politics as a Human Right
Women’s enhanced participation in governance structures is viewed as the key to redress gender
inequality in societies.
1) UDHR
Article 21 recognizes the right of everyone, including both women and men, to take part in the
government of their country, directly or through freely chosen representatives.
2) ICCPR
Article 25 guarantees all citizens of state parties to the convention to take part in the conduct of
public affairs without discrimination on the ground of, among others, sex. The provision further
assures all citizens, men as well as women, to vote and to be elected at genuine public election.
3) CEDAW
It elaborates the nature of women’s political rights and the steps required to promote greater
equality between women and men in this area.
4) Beijing Platform for Action

It contains a section on women in power and decision-making, which states that women
empowerment and autonomy of women and the improvement of women’s social, economic and
political status is essential for the achievement of both transparent and accountable government
and administration and sustainable development in all areas of life.

Article 9 obliges state parties to take action to promote participative governance and equal
participation of women in the political life of their countries through affirmative action, enabling
national legislation and other measures so as to ensure the participation of women in national
elections without discrimination, equal representation of women at all electoral processes,
Page 50 of 55
partnership of women with men at all levels of development and implementation of state policies
and development programs.
Article 35(3) stipulates that affirmative action has the purpose of, among others, enabling women
to compete equally with men in political life.
Article 38(1) guarantees everyone, without distinction based on … sex, the right to:
(a) Take part in the conduct of public affairs, directly or through freely chosen
representatives
(b) To vote
(c) To be elected
The provision further affirms that everyone has the right to be a member, of his own free will, in
a political organization.
7) National Policy on Women

It is aimed at institutionalizing the political and socio-economic rights of women by creating
appropriate structures in government.
8) Plan for Accelerated and Sustainable Development to End Poverty (PASDEP)

It aims at ensuring gender equality in politics
7.4. Enabling Environment for Women’s Political Participation
The enabling environment for enhancing women’s political participation can be summarized as:
 Removing and changing socio-cultural, political and economic barriers
 Adopting a participatory and decentralized form of governance
 Access to education and health
 Enhancing women’s consciousness of their political rights
 Strong women’s movement and civil society
Page 51 of 55
7.5. Participation of Ethiopian Women in Politics and Decision Making
Actions taken by the government have led to an increase in women’s political participation in
Ethiopia. These actions include:
 Adoption of international instruments
 National legislation
 Dissemination of women’s rights information
 Translation of pertinent human rights conventions to local languages
However, women’s political participation still remains low. Statistics show that:
 Number of Women in the House of People’s Representatives is 116 out of 526 seats, i.e.
22.05%
 Number of Women in the House of Federation is 21 out of 112 seats, i.e. 18.75%
 Number of Women in Regional State Councils is 502 out of 1818 members, i.e. 27.61%
 Tigray – 48.68%, i.e. 74 out of 152 members
 Oromia – 37.05%, i.e. 199 out of 537 members
 Harari – 33.33%, i.e. 12 out of 36 members
 Amhara – 29.25%, i.e. 86 out of 294 members
 SNNP – 27.29%, i.e. 95 out of 348 members
 Gambela – 14.63%, i.e. 12 out of 82 members
 Benshangul Gumuz – 11.11%, i.e. 11 out of 99 members
 Afar – 8.04%, i.e. 7 out of 87 members
 Somali – 3.27%, i.e. 6 out of 183 members
Page 52 of 55
Chapter Eight
Reproductive Rights of Women
8.1. Definition
As of the Cairo International Conference on Population and Development Program of Action,

reproductive health is described as
“a state of complete physical, mental and social wellbeing and not merely the absence of
disease or infirmity, in all matters relating to the reproductive system and to its function and
process. Reproductive health therefore implies that people are able to have a satisfying and safe
sex life and that they have the capacity to reproduce and freedom to decide if, when and how
often to do so. Implicit in this last condition are the right of men and women to be informed and
to have access to safe, effective, affordable and acceptable method of family planning of their
choice, as well as other method of their choice for regulation of fertility which are not against the
law and the right of access to appropriate health care service that will enable women to go safely
through pregnancy and child birth and provide couples with the best chance of having a healthy
infant.”
Reproductive health rights thus mean ensuring that people have access to acceptable and
affordable reproductive care that permits them to avoid or treat reproductive diseases. According
to Article 14 of the Protocol to the ACHPR on the Rights of Women in Africa, reproductive
rights include:
1. The right to control one’s fertility;
2. The right to decide whether to have children, the number of children and the spacing of
children;
3. The right to choose any method of contraception;
4. The right to self-protection and to be protected against sexually transmitted infections,
including HIV/AIDS;
Page 53 of 55
5. The right to be informed on one’s health status and on the health of one’s partner,
particularly if affected with sexually transmitted infections including HIV/AIDS in
accordance with internationally recognized standards and best practices and
6. The right to have family planning education.
8.2. Reproductive Health Rights as Human Rights
Women cannot enjoy their overall rights unless reproductive health rights are protected.
1) Tehran Declaration
This declaration is the first ever to discuss the idea of reproductive health rights as human rights.
Article 16 recognizes reproductive rights as a subset of human rights. It further states that parents
have a basic human right to determine freely and responsibly the number and spacing of their
children.
2) CEDAW
Article 11(1)(f) and (2) provides for the right to family planning and maternity health.
Accordingly, it obliges state parties to protect these rights and safeguard women’s reproductive
health.

Article 14, in addition to listing the elements of reproductive rights of women, imposes an
obligation on state parties to:
 Provide adequate, affordable and accessible health services, including information,
education, and communication programs to women especially those in rural areas;
 Establish and strengthen existing pre-natal, delivery and post natal health and nutritional
service for women during pregnancy and while they are breast feeding and
 Protect the reproductive rights of women by authorizing medical abortion in cases of
sexual assault, rape incest, and where continued pregnancy endangers the mental and
physical health of the mother or the life of the mother or the fetus.
Page 54 of 55
Article 35(9) recognizes women’s right to access to family planning education, information and
capacity. It further guarantees women the right to prevent harm arising from pregnancy and
childbirth.
5) Criminal Code of Ethiopia

Article 545 criminalizes abortion save for the legally prescribed exceptions.
Article 550 mitigates the punishment for abortion where the pregnancy was terminated on
account of poverty.
Article 514 criminalizes spreading of human diseases. It reads as follows:
(1) Whoever intentionally spreads or transmits a communicable human disease, is punishable
with rigorous imprisonment not exceeding ten years
(2) Where the criminal
(a) Has spread or transmitted a disease which can cause grave injury or death, out
of hatred or envy, with malice or with a base motive; or
(b) Without even the particular intent specified in sub-article (a) of this article has
spread or transmitted a disease which can cause grave injury or death; or
(c) Has transmitted an epidemic
the punishment shall be rigorous imprisonment not exceeding twenty years, or in grave cases,
with rigorous imprisonment for life or death.
(3) Where the crime is committed negligently, the punishment shall be simple imprisonment
or fine.
Page 55 of 55

Summary Notes For Gender and The Law - Final

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Summary Notes For Gender and The Law - Final

Uploaded by

Copyright:

Available Formats

Summary Notes for the Course “Gender and the Law”

1.1. “Gender” Defined and Contrasted with “Sex”

1.2. Important Concepts within Gender

1.3. Global and National Historical Perspectives on the Legal Status of

1.3.1. Global Perspective

1. Mexico City Conference (1975) – Dialogue Began

2. Copenhagen Conference (1980) – Review Process Began

3. Nairobi Conference (1985) – Birth of Global Feminism

 Constitutional and legal steps

4. Beijing Conference (1995) – Legacy of Success

11) Women and the Environment

The other actions undertaken by the UN are:

1.3.2. National Perspective

II. At National Level

C. Government Machinery for the Implementation of the Policies and Laws

1.4. Gender and Globalization

The positive impacts are:

 Consider women as docile workers, willing to obey at any price; and

1.5. Gender in the Media

2.1. Foundations of Equality

2.2. Equality Theories

2.2.1. Formal Equality

A. When two individuals are relevantly alike?

B. The principle as a merely relative principle

C. The need of comparator

2.2.2. Substantive Equality

However, the problems with this theory are:

2.3. Feminist Legal Theories

1. Equality (Equal Treatment) Model

2. Sexual Difference Model

4. Anti-Essentialist (Intersectionality) Model

2.4. Equality under International Legal Instruments

4. African Charter on Human and People’s Rights

5. Protocol to the ACHPR on the Rights of Women in Africa

6. ILO Resolution on Gender Equality, Pay Equity and Maternity Protection

7. Convention on the Rights of the Child

8. AU Solemn Declaration on Gender Equality in Africa

9. African Charter on the Rights and Welfare of the Child

10. African Charter on Democracy, Elections and Governance

11. Beijing Declaration and Platform for Action

12. Rio Declaration on Environment and Development

II.5. Equality under the FDRE Constitution

The constitutional provision promotes substantive equality by seeking equality between

Gender in a family setting basically leads to a traditional marriage setting whereby

3.1. Early Marriage

 66% of girls in Ethiopia get married by the age of 18 years.

3.2. Forced Marriage/Abduction

3.3. Legal Framework governing Early and Forced Marriage

2. Convention on Consent to Marriage, Minimum Age for Marriage and Registration

Article 1: full and free consent of both parties is a requirement

4. African Charter on the Rights and Welfare of the Child

5. Revised Family Code of Ethiopia

6. Criminal Code of Ethiopia

3.4. Causes and Consequences of Early and Forced Marriages

3.4.1. Causes and Reasons Behind

 Customs, Traditions and Values

 Inability to plan (Family Planning)

 Increased risk of violence, maltreatment and the deprivation of rights

3.5. Suggestions on Elimination of Early and Forced Marriages

3.6. Dissolution of Marriage and Its Gender-Related Consequences

3.6.1. Custody and Support of Children

3.6.2. The Role of Women in the Personal Successes of their Husbands