Abstract

The principle of equality is a central commitment in international human rights instruments.

However, the right to equality is generally defined in open-textured terms. The central covenants
simply refer to an obligation on States to ensure human rights without ‘distinction’, ‘discrimination’,
‘exclusion’, or ‘restriction’ or ‘on the basis of equality’ as between men and women. The open-
textured nature of this principle has been elaborated through the concluding observations, general
recommendations, general comments and case law of the treaty bodies, as well as through the
reports of experts operating under the special procedures of the Human Rights Council.

Key words: Gender equality , discrimination, exclusion , rights, distinction, restriction etc

Introduction

The concept of human rights has ignited global interest and transformed the legal standing of
individuals and groups worldwide, particularly women and children. International agreements such
as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the
Convention on the Rights of the Child (CRC) aim to improve the status of these groups. Despite
widespread ratification of these treaties by states and their acknowledgment of binding obligations
to uphold the rights outlined within them, women and children continue to endure significant
human rights abuses.

Human rights law is developed through international treaties and in customary international law.
International human rights standards are often useful in advocacy, particularly when they provide
stronger protections than national, state, or local laws, or where the language of human rights can be
used to reframe or elevate a local issue.

Women's human rights are safeguarded by various international instruments such as the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Inter-American
Convention on the Prevention, Punishment, and Eradication of Violence Against Women (known as
the "Convention of Belém do Pará"), and the Protocol to the African Charter on the Rights of Women
in Africa (referred to as the "Maputo Protocol"). Additionally, discrimination is prohibited in all
human rights treaties. These rights encompass freedom from discrimination, equal treatment, and
protection from violence for women. According to international human rights law, governments are
obligated to uphold, defend, and ensure the fulfilment of these rights.

To evaluate the accuracy of this claim, a reliable method is to assess progress in achieving the
Millennium Development Goals (MDGs) related to women and children. The MDGs were established
following the adoption of the Millennium Declaration by U.N. Member States on September 4, 2000.
The declaration aimed for universal primary education by 2015, with equal access for boys and girls.
It also targeted a 75% reduction in maternal mortality, a two-thirds reduction in under-five child
mortality, and the reversal of HIV/AIDS, malaria, and other major diseases by the same deadline.
Additionally, the declaration emphasized the promotion of gender equality and women's
empowerment as essential strategies to combat poverty, hunger, disease, and foster sustainable
development.

A team comprising members from the U.N., World Bank, International Monetary Fund, and the
Organization of Economic Cooperation and Development formulated a set of objectives based on the
Millennium Declaration. They utilized established indicators and feasible data to create a framework
aimed at alleviating extreme poverty. This framework, known as the Millennium Development Goals,
consisted of eight human development objectives to be accomplished by 2015, comprising eighteen
targets and forty-eight indicators. While women and children play crucial roles in achieving all eight
goals, certain goals explicitly address their empowerment and well-being. Although the role of
women and children is significant in the achievement of all eight goals, the goals specifically referring
to them are:

Goal 1 - Achieve universal primary education

Goal 2 - Promote gender equality and empower women

Goal 3 - Reduce child mortality

Goal 4 - Improve maternal health

Goal 5 - Combat HIV/AIDS, malaria, and other diseases

The Commission on the Status of Women reported at its 58th session in March 2014 "that almost 15
years after the Millennium Development Goals were adopted, no country has achieved equality for
women and girls and significant levels of inequality between women and men persist, although the
Goals are important in efforts to eradicate poverty and of key importance to the international
community." With regard to Goal 1-achieving universal primary education the Commission noted:

the lack of progress in closing gender gaps in access to, retention in and

completion of secondary education, which has been shown to contribute

more strongly than primary school attendance to the achievement of

gender equality, the empowerment of women and the human rights of

women and girls and several positive social and economic outcomes.

Regarding Goal 2-promoting gender equality and empowering women-the Commission noted that:

progress has been slow, with persistent gender disparities in some

regions in secondary and tertiary education enrolment; the lack of

economic empowerment, autonomy and independence for women,

including a lack of integration into the formal economy, unequal access

to full and productive employment and decent work, . . .

overrepresentation in low-paid jobs and gender-stereotyped jobs such as

domestic and care work, and the lack of equal pay for equal work or

work of equal value ...

As to Goal 3-reducing child mortality-the Commission noted that "targets are likely to be missed."'
It further noted:

with deep concern that increasingly, child deaths are concentrated in the

poorest regions and in the first month of life, and further expresses

concern that children are at greater risk of dying before the age of 5 if

they are born in rural and remote areas or to poor households

Regarding Goal 4-improving maternal health-the Commission noted that "progress towards its two
targets, reducing maternal mortality and achieving universal access to reproductive health, has been
particularly slow and uneven especially for the poorest and rural sectors of the population, within
and across countries."

With regards to Goal 5: The Commission highlighted limited progress in combating HIV/AIDS,
malaria, and other diseases, noting a global increase in the number of women living with HIV since
2001. It emphasized the heightened vulnerability of adolescent girls, young women, and other
females at higher risk of HIV infection, attributing this to structural gender inequalities and violence
against women and girls. The Commission stressed the importance of empowering women and
adolescent girls to protect themselves from HIV, and acknowledged the challenges faced by women
and girls living with HIV/AIDS, including stigma, discrimination, and violence. Additionally, despite
increased investments in malaria control, the Commission emphasized the urgent need to intensify
malaria prevention and control efforts, especially for pregnant women, to achieve the Goals
effectively.

The Commission noted that the lack of proper sanitation facilities has a greater impact on women
and girls, affecting their participation in work and school while increasing their vulnerability to
violence. It criticized the insufficient development resources dedicated to promoting gender equality
and women's empowerment, finding that the Millennium Development Goals (MDGs) failed to
adequately address key issues such as violence against women and girls; child, early and forced
marriage; women's and girls' disproportionate share of unpaid work, women's access to decent
work, the gender wage gap, employment in the informal sector, low-paid and gender-stereotyped
work such as domestic and care work; women's equal access to, control and ownership of assets and
productive resources, including land, energy and fuel, and women's inheritance rights; women's
sexual and reproductive health, and reproductive rights.

The Commission acknowledged that achieving the Millennium Development Goals (MDGs) for
women and girls had been hindered by the absence of consistent integration of gender perspectives
throughout the planning, execution, and assessment of these goals. Consequently, the Commission
put forth various suggestions aimed at ensuring women's and girls' complete access to human rights.
These suggestions included enhancing the conditions that promote gender equality and women's
empowerment, increasing investments in initiatives that promote gender equality, bolstering the
evidence supporting these efforts, ensuring women's active involvement and leadership across all
spheres, and reinforcing mechanisms of accountability.

The Human Development Report 2014 highlights that without systematic efforts to address
vulnerability through policy and social norm changes, progress toward equity and sustainability is
hindered. In the context of women's human rights, the report underscores that women universally
face personal insecurity, with violence infringing upon their rights and feelings of insecurity
constraining their agency in both public and private spheres. Additionally, the report introduces a
Gender Inequality Index covering 149 countries, which exposes how gender inequality undermines
national achievements in reproductive health, empowerment, and labour market participation. It
further reveals that women globally face disparities in political representation, holding an average of
21 percent of seats in national parliaments, while in Latin America and the Caribbean, they hold
around 25 percent, and in Arab States, they occupy less than 14 percent of parliamentary seats.
The UN Human Rights Framework
Human rights mechanisms at the UN generally fall within one of two categories: charter-‐based
bodies and treaty-‐based bodies. Charter-‐based bodies are those established pursuant to the UN
Charter, and include the Human Rights Council, its “special procedures,” and the Universal Periodic
Review. Treaty-‐ based bodies are those that oversee States’ implementation of a specific human
rights treaty and thus have narrower mandates. One example of a treaty body is the Human Rights
Committee, which oversees the implementation of the International Covenant on Civil and Political
Rights (ICCPR).

The Office of the High Commissioner for Human Rights (OHCHR) coordinates human rights activities
throughout the UN. The OHCHR provides support to the Human Rights Council and treaty, including
by acting as a point of contact and source of information for non-‐governmental organizations that
participate in the UN’s activities.

 Charter-Based Bodies at the United Nations

The Human Rights Council, formerly the Human Rights Commission, comprises 47 government
delegates and reports directly to the UN General Assembly. The Council forms a core component of
the UN’s human rights system. It created the Universal Periodic Review (UPR) procedure, through
which UN Member States engage in a regular peer review of one another’s human rights records.
The Council oversees its own complaints procedure, which it uses to collect information concerning
particularly serious or widespread abuses. The Council is also responsible for the work of the
thematic and country-‐ focused “special procedures,” which are independent human rights monitors
that may be referred to as Special Rapporteurs, Working Groups, or Independent Experts. Because
the Council was established pursuant to the UN Charter, it is empowered to addresses human rights
situations in any Member State of the UN.

 Treaty-Based Bodies at the United Nations

Treaty bodies review States’ reports on their implementation of the relevant convention, publish
“General Comments” interpreting the convention’s provisions, and – in some instances – may review
individual complaints concerning alleged violations of the convention by those States that have
specifically agreed to this procedure. The treaty bodies with jurisdiction to review the United States’
human rights practices are the Human Rights Committee, the Committee on the Elimination of Racial
Discrimination (CERD), the Committee against Torture (CAT), and the Committee on the Rights of the
Child (CRC). The United States has not agreed to any treaty body complaints mechanism, and is
therefore only reviewed through the State reporting process.

The UPR process monitors all UN member States every four years. Since the UPR is driven by the
government delegates, it is less specific and more political than other procedures. One advantage of
the UPR procedure, however, is that it is applicable to all States regardless of ratification of human
rights treaties.

The complaints procedure, formerly referred to as the 1503 communications procedure, is also
supervised by the Human Rights Council. It consists of several stages of review of “consistent
patterns of gross and reliably attested violations of all human rights and all fundamental freedoms
occurring in any part of the world and under any circumstances.” See UN Human Rights Council,
Resolution 5/1, Institution-‐building of the United Nations Human Rights Council, A/HRC/RES/5/1, 18
June 2007, para. 85. Victims, other individuals, and groups may submit complaints to the Human
Rights Council using this procedure. Designed to encourage State cooperation, the complaints
procedure is confidential, but can often trigger a response by States. Moreover, the Human Rights
Council sometimes creates new special procedures as a result of complaints it receives.

Individuals and organizations can also submit communications or reports asking a Special
Rapporteur, Working Group, or Independent Expert to look into a problem, including while the
special procedure mandate holder is carrying out a country visit. If the report attracts attention, then
there is usually quick action by the State on it. These special procedures receive many complaints,
however, so a response is not guaranteed.

 Specialized Agencies

In addition to the above Charter-‐ and treaty-‐based bodies, the UN has created specialized agencies
relevant to the promotion of human rights. These are the International Labor Organization (ILO), the
Food and Agriculture Organization (FAO), the International Monetary Fund (IMF), and the Children’s
Rights & Emergency Relief Organization (UNICEF), among others.

Commission on the Status of Women

The Commission on the Status of Women (CSW) is the principal global inter-‐governmental body
dedicated to the protection of women’s human rights. Established in 1946, the CSW prepares
recommendations and reports to the Economic and Social Council (ECOSOC), one of the main UN
organs. Its holds a 10-‐day session annually in New York, in which States, representatives of UN
entities, and civil society organizations participate in discussing specific themes related to women’s
rights.

Following the Fourth World Conference on Women that took place in Beijing, China in 1995, the UN
General Assembly expanded the CSW’s mandate to include a follow-‐up process to the Conference,
in order to highlight areas of concern in the Beijing Platform for Action and to play a catalytic role in
the incorporation of a gender perspective in all aspects of the UN’s work.

Notably, the CSW has the largest non-‐governmental organization (NGO) participation of any ECOSOC
commission.

Gender Discrimination & Other Forms of Discrimination against Women

Human dignity is akin to the act of breathing: often overlooked until its absence is felt, notably in
situations of discrimination where one's humanity is compromised. In the United States, human
rights law serves as a tool to combat discrimination, aiming to bridge the gap that separates
individuals from their full human potential. Discrimination manifests both structurally, through laws
and policies, and behaviourally, through stereotypes and biased actions within families,
communities, and governmental bodies. Addressing these varied forms of discrimination requires
tailored remedies and proactive measures. The definition of human rights is fluid and influenced by
those in power, necessitating a critical examination of privilege and its role in perpetuating
oppression. The local adoption of the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) in San Francisco, through a legally binding ordinance, was meant to address
the failure of the U.S. to ratify the convention. Despite encountering challenges and modifications,
such as fluctuations in enforcement depending on the political climate, the program has served as a
model for other municipalities and states, inspiring similar laws and initiatives based on CEDAW
principles.
Sexual and Reproductive Rights
Reproductive rights encompass a range of civil, political, economic, social, and cultural rights
including the rights to life, liberty, personal security, equality, non-discrimination, health, education,
access to information, decision-making regarding family planning, marriage, family, and privacy. They
also involve protection from coercive practices and sexual or gender-based violence. Key
international agreements pertaining to reproductive rights include the 1994 International Conference
on Population and Development Programme of Action, the 1995 Beijing Declaration and Platform for
Action, and the ICPD Beyond 2014 Global Report. Relevant international treaties for reproductive
rights in the United States include the ICCPR, CERD, and CAT, along with others such as CEDAW,
ICESCR, and CRPD.

The Inter-American human rights system serves as another global legal framework that sheds light on
women's rights. While the Inter-American Commission handles complaints against the U.S. for
breaching the American Declaration on the Rights and Duties of Man, its Court lacks jurisdiction. The
rulings of both bodies help interpret the provisions within the Inter-American treaties. Additionally,
insights into rights can be gleaned from the concluding remarks and general recommendations of
treaty-based organizations. National legislation, such as the U.S. Constitution, also upholds
reproductive rights, including equal protection, privacy, and due process, while state constitutions
often guarantee the right to health. Governments are tasked with respecting, protecting, and
fulfilling human rights obligations, including reproductive rights like abortion access and support for
young parents. The Center for Reproductive Rights launched the "Nuestro Texas" campaign to aid
women in the Rio Grande Valley, addressing limited healthcare access due to various factors. Their
strategy involved documenting barriers, mobilizing communities, and advocating at local, national,
and international levels, using human rights principles to inform policy recommendations and engage
with treaty review mechanisms.

On the whole, the Center for Reproductive Rights has found that using human rights adds a
meaningful boost to their advocacy efforts.

Rights Relating to Sexual Orientation and Gender Identity

Atala Riffo and Daughters v. Chile is a case that progressed before the Inter-‐American Commission
and Inter-‐American Court in the years from 2004 to 2012. The case challenged Karen Atala Riffo’s
loss of custody of her children because of her sexual orientation. The Inter-‐American Commission
held in her favor and recommended reparations, including legislative and policy changes. The case
was referred to the Inter-‐American Court after Chile failed to adopt the Inter-‐American
Commission’s recommendations.

Chile made four arguments to the Inter-‐American Court. First, it argued that the children would
suffer social discrimination because of having two mothers. The Inter-‐American Court held that fear
of discrimination is not a legitimate reason to take custody away from a parent. Next, Chile
maintained that the children would suffer from confused gender roles if they were to be in their
mother’s custody. The Court said that evidence of harm was required and there was none. Third,
Chile contended that in exercising her homosexuality she was putting her own interests before those
of her children. The Court held that sexual orientation is not about self-‐interest but about one’s
identity. Finally, the State of Chile argued that the children had a right to a traditional family. The
Court ruled that there is no closed concept of family, let alone a traditional one.
The Court ordered Chile to provide psychological treatment and monetary damages to Ms. Atala
Riffo, publish the decision, and train public officials so as to foster a climate of tolerance.

The case of Atala Riffo and Daughters v. Chile is a significant one because it resulted in sexual
orientation being found to be a protected class under the “other social condition” phrase of the
American Convention.

Conclusion

Gender equality and women's rights have been increasingly recognized and addressed in
international law over the past century. Here are some key developments and instruments:

1. Universal Declaration of Human Rights (UDHR): Adopted by the United Nations General
Assembly in 1948, the UDHR proclaims that all human beings are born free and equal in
dignity and rights. While not legally binding, it sets forth principles that have been
incorporated into subsequent international treaties and conventions.

2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):

Adopted by the UN General Assembly in 1979, CEDAW is often described as an international
bill of rights for women. It defines discrimination against women and sets up an agenda for
national action to end such discrimination.

3. Beijing Declaration and Platform for Action: Adopted at the Fourth World Conference on
Women in Beijing in 1995, this document is a comprehensive blueprint for achieving gender
equality and women's empowerment. It covers critical areas such as women's rights to
education, health, economic participation, and political representation.

4. United Nations Security Council Resolution 1325 (UNSCR 1325): Adopted in 2000, UNSCR
1325 addresses the impact of conflict on women and recognizes the importance of women's
participation in conflict prevention, resolution, and peacebuilding efforts.

5. Sustainable Development Goals (SDGs): Goal 5 of the SDGs aims to achieve gender equality
and empower all women and girls by 2030. It includes targets related to ending
discrimination, violence, and harmful practices against women, as well as ensuring equal
participation and opportunities in all spheres of life.

6. International Labor Organization (ILO) Conventions: Several ILO conventions address gender
equality and women's rights in the context of labour, including conventions on equal
remuneration, maternity protection, and the elimination of discrimination in employment.

These are just a few examples of the international legal framework aimed at promoting gender
equality and women's rights. However, despite progress, challenges remain in achieving full gender
equality globally, and ongoing efforts are needed to implement and enforce these instruments
effectively.