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Anti-Rights Views: Common Declaration of the Bishops of Africa and Madagascar

The Common Declaration of the Bishops of Africa and Madagascar is a statement issued by 45 Catholic bishops from 40 African countries in June 2015, in the lead up to the New­ York Summit for the adoption of a Post-2015 Global Development Agenda.

The declaration is addressed to African Heads of State, the Secretary General of the United Nations, the officials of pan-African institutions and of International Organizations, partners in global governance and development donors, and “the sons and daughters of [their] beloved African continent”.  It attacks advocates of sexual and reproductive health and rights as “the agents of the civilization of death”, and suggests that they are part of a wealthy “transnational ‘reproductive rights’ lobby”, which is trying to control the growth of African populations.

 “The billions of dollars allotted to the production and distribution of condoms and contraceptives and to the establishment of sex-education programs that do not respect universal moral norms are a scandal that cries to heaven for vengeance, a new slavery at the service of the idol “money.”

The declaration manipulates both anti-colonial and anti-capitalist discourses to argue against contraception and abortion:

“We, African Pastors, do not want Africans to be reduced to “servile partners.” This is a new type of slavery! We want the dignity of our people to be respected. No! Africa is not a great potential market for the pharmaceutical industry of contraceptives and condoms.”

“…we observe with profound pain that our pan-African institutions have been, since their creation, under the yoke of neo-colonizing lobbies. In 2003, these lobbies made the newly formed African Union adopt the Protocol to the African Charter on Human Rights and Peoples’ Rights on the Rights of Women in Africa, the first international treaty to shamefully recognize abortion as a right of women.”

Disregarding long histories of African women’s struggles for rights, and the ongoing efforts of African advocates for women’s rights, including sexual and reproductive rights, the statement claims that such ideas are only the agenda of “the West” and makes fallacious claims about a homogenous “African culture”.

“Selfish and perverse interests are imposing themselves on our continent with a speed that keeps on accelerating, with unabated aggressiveness, in an ever more organized and powerfully financed manner, introducing individualism and hedonism, both of which are so foreign to what we are and want to be, into our societies.”

“By what right do western NGOs, who only represent their own ideological interests, claim to legally bind African states to their world vision?”

Commission on Human Rights resolution 2000/85 Rights of the Child

Adopted 27 April 2000

68th meeting

I. IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

II. PROTECTION AND PROMOTION OF RIGHTS OF CHILDREN

III. NON-DISCRIMINATION

IV. PROTECTION AND PROMOTION OF THE RIGHTS OF CHILDREN IN PARTICULARLY VULNERABLE SITUATIONS

V. PREVENTION AND ERADICATION OF THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

VI. PROTECTION OF CHILDREN AFFECTED BY ARMED CONFLICT

VII. RECOVERY AND SOCIAL REINTEGRATION

Challenging Religious Fundamentalisms in Bolivia

The Inclusion of Sexual and Reproductive Rights in the Constitution

by Teresa Lanza Monje, Católicas por el Derecho a Decidir-Bolivia (Catholics for the Right to Decide-Bolivia)

The historic process of recreating the Bolivian government, which began in 2006 with the assumption of power of the first indigenous president of the country (and of Latin America), Evo Morales, was a unique opportunity to review the role of the Catholic church in the country and its influence on government. In this case study, Católicas por el Derecho a Decidir-Bolivia (CDD-Bolivia) explains the history of the state- Catholic church relationship in Bolivia and then describes the process that brought about the inclusion of sexual and reproductive rights (SRR) in the new Constitution, as well as provisions that guarantee the separation of church and state. One of the most interesting aspects of this process was how feminists inserted themselves in this process of re-crafting Bolivian institutions and used this historic moment to place limits on the negative influence of the Catholic church on public policies affecting health and SRR. Another important component was the wide and dynamic framework of alliances with other social movements— especially the youth, sexual diversity and indigenous women’s movements—knitted together by feminists. These alliances were one of the main factors contributing to the success of this strategy.

This resource is one part of AWID’s 2010 series of 18 Case studies, Feminists on the Frontline: Case Studies of Resisting and Challenging Fundamentalisms 

 

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women.  Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying 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.”

By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:

  • to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
  • to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
  • to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

 The Convention provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life — including the right to vote and to stand for election — as well as education, health and employment.  States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations.  It affirms women’s rights to acquire, change or retain their nationality and the nationality of their children.  States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.

Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice.  They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.

Overview originally published by UN Women

The Role of the United Nations in Combating Discrimination and Violence against Individuals Based on Sexual Orientation and Gender Identity

Programmatic Overview

25 November 2015

This paper provides a snapshot of the work of a number of United Nations entities in combatting discrimination and violence based on sexual orientation and gender identity, and related work in support of lesbian, gay, bisexual, transgender (LGBT) and intersex communities around the world. It has been prepared by the Office of the UN High Commissioner for Human Rights on the basis of inputs provided by relevant UN entities, and is not intended to be either exhaustive or detailed. Given the evolving nature of UN work in this field, it is likely to benefit from regular updating1 . The final section, below, includes a Contact List of focal points in each UN entity, as well as links and references to documents, reports and other materials that can be consulted for further information.

Repeal criminal adultery laws: statement by UN Experts

UN Working Group on discrimination against women in law and in practice

The UN Working Group on Discrimination against women in law and in practice has issued a call to Governments to repeal laws criminalizing adultery. The Working Group notes that the enforcement of such laws leads to discrimination and violence against women in law and in practice.

Criminal law definitions of adultery may be ostensibly gender neutral and prohibit adultery by both men and women. However, closer analysis reveals that the criminalization of adultery is both in concept and practice overwhelmingly directed against women and girls. Taking as a primary basis the previous work of the UN Secretary-General, OHCHR special rapporteurs and the treaty bodies, the Working-Group has analysed the concept of adultery, discriminatory legislation on adultery, discriminatory punishment for adultery and the way in which the classification of adultery as criminal provides impunity for violence against women.

See also “Joint Statement by the United Nations Working Group on discrimination against women in law and in practice” of 18 October 2012, available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E

 

Human Rights Committee General Comment No. 18 Non-discrimination

The Human Rights Committee adopted its General Comment 18 on 10 November 1989 during its thirty-seventh session.  General Comment 18 describes discrimination as follows:

… the Committee believes that the term “discrimination” as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.

As well as this definition, General Comment 18 is significant in its interpretation of the Civil and Political Covenant as requiring affirmative action in certain circumstances:

…the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population.

For further sources outlining the rights of equality and non-discrimination, see:

  • the International Covenant on Civil and Political Rights (articles 2.1, 14, 24, 25 and 26)
  • the International Covenant on Economic, Social and Cultural Rights (article 2.2)
  • the Convention on the Elimination of All Forms of Racial Discrimination (articles 1, 2, 4 and 5)
  • the Convention on the Rights of the Child (article 2)
  • the Convention on the Elimination of All Forms of Discrimination Against Women (articles 2, 3, 4 and 15)
  • the Convention on the Rights of Persons with Disabilities (articles 3, 4, 5 and 12).
  • implicitly in the Convention Against Torture (since treatment being discriminatory can also contribute to it being found to be “degrading”.)

 

Discrimination against women and girls in family and cultural life: UN Working Group report

UN Working Group on discrimination against women in law and in practice

In this report, the Working Group examines discrimination against women and girls in cultural and family life. The cultural construction of gender determines the role of women and girls within the family, including in marriage.
After analysing the impact of culture and religion on the enjoyment of equal rights by women and girls in society and the family, the Working Group redefines family by incorporating a gender perspective. In reaffirming equality between the sexes and family diversity, it is necessary to apply the principle of women’s right to equality in all forms of family law, in secular family law systems, State-enforced religious family law systems and plural systems.
After recalling the obligation of States to combat discrimination against women in cultural and family life, the Working Group makes several recommendations, drawing on good practices, for the establishment of true equality between the sexes in cultural and family life.

Gender Equality and Human Rights: Discussion Paper

UN Women

Authors/editor(s): Sandra Fredman and Beth Goldblatt

The achievement of substantive equality is understood as having four dimensions: redressing disadvantage; countering stigma, prejudice, humiliation and violence; transforming social and institutional structures; and facilitating political participation and social inclusion. The paper shows that, although not articulated in this way, these dimensions are clearly visible in the application by the various interpretive bodies of the principles of equality to the enjoyment of treaty rights.

At the same time, it shows that there are important ways in which these bodies could go further, both in articulating the goals of substantive equality and in applying them when assessing compliance by States with international obligations of equality. The substantive equality approach, in its four-dimensional form, provides an evaluative tool with which to assess policy in relation to the right to gender equality.

The paper elaborates on the four-dimensional approach to equality and how it can be used to evaluate the impact of social and economic policies on women to determine how to make the economy ‘work for women’ and advance gender equality. The paper suggests that there is a growing consensus at the international level on an understanding of substantive equality that reflects the four dimensional framework. This paper was produced for UN Women’s flagship report Progress of the World’s Women 2015-2016 and is released as part of the UN Women discussion paper series.