Women's Rights
From WolfWikis
Contents |
Introduction
This site is intended to be a brief overview of important responses by Latin America and the United States to Womens Rights problems, specifically relating to violence against women, human trafficking, and sexual/ reproductive health rights. This site does include mention of children's rights, however, they will be referenced as part of reproductive rights. The information is mainly focusing on progress made within the past twenty- thirty years being that this change is the most relevant to today's situation and thus understanding the current situation. The Universal Declaration of Human Rights was adopted and proclaimed by the United Nations in 1948. Article 2 of the document states that "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" ( The Universal Declaration of Human Rights ). Since 1948 other important documents have been formed, conventions have been held and committees, commissions and organizations protecting the rights of women and children have been formed. Organizations that focus on the Americas as a whole, such as the Organization of American States and its commission, the Inter-American Commission on Human Rights have played a crucial role in furthering the protection of women and children through legislation and implementation. Government intervention along with thousands of NGOs and grassroots organizations (from both Latin America and the United States) intervene and fight for the rights of women and their children and lobby to change existing policies and or form new ones.
Past and Present Policies
In order to understand the progress that has been made it is important to evaluate the present situation. Included are a few examples including a special report from IACHR on the access to justice. The report shows that much violence goes non investigated, and or is dismissed in court. While legislation is present the implementation of these legislations seem to be a problem.
Special Report by the IACHR on the present situation of the access to justice for women victims of violence
The Inter- American Commission on Human Rights has recently published in 2007 ("Access to Justice for Women Victims of Violence in the Americas", IACHR) a special report titled "access to justice for women victims of violence in the Americas." They have acknowledged a problem within the number of crimes committed and the cases that actually get investigated. The report notes that while there is legislation against violence, the actual implementation of the existing legislation is a problem. Many times crimes are committed and are never brought to court, or investigated at all. For example in response to the questionnaire ( given by the IACHR and reposnded to by member states of the OAS), "Chile reported that in 2004, a total of 236,417 cases of intrafamily violence were reported, yet only 14,149 (5.9%) were ever formally investigated. About 92% of the cases were closed after the first hearing." Also according to research conducted, it was found that "in Ecuador, over a 12-month period 2.75% reached the sentencing phase (after having gone to trial); in Guatemala, 0.33% of the complaints actually went to trial"("Access to Justice for Women Victims of Violence in the Americas", IACHR).
History of the IACHR
The Inter- American Commission on Human Rights was "born with" the adoption of the American Declaration of the Rights and Duties of Man in Bogotá, Colombia in 1948. The IACHR was created in 1959 and they held their first session in 1960. In the time between 1960 and 1997 ninety seven sessions have been held ( meetings are held within one of the 23 member countries). In 1961 IACHR began on -site visits and since then they have carried out 69 visits to the member countries. The IACHR states that its main missions are to "receive, analyze and investigate individual petitions which allege human rights violations, observe the general human rights situation in the member States and publishes special reports, carry out on-site visits, stimulate public consciousness regarding human rights in the Americas, organize and carry out conferences, seminars and meetings with representatives of Governments and other members of importance,recommend to the member States of the OAS, the adoption of measures which would contribute to human rights protection and then recommend the states precautionary measures to avoid harm and to represent and withhold standards within the court" ("Brief History of the IACHR " ).
The American Declaration of the Rights and Duties of Man
The Quito Consensus
The Quito Consensus was approved at the 10th Regional Conference on Women of Latin America and the Carribbean ( August 2007), which was convened bu the Economic Commission for Latin America and Carribbean ( ECLAC). The Quito Consensus states that the countries must " measures that contribute to the elimination of all forms of violence and their manifestations against women, especially homicide of women, femicide and feminicide" (Quito Consensus). "The consensus was established to run counter to the international law and provisions of the UN Charter"(Quito Consensus).
Human Trafficking
Human Trafficking is an issue that is very relevant to women in Lain America. Human Trafficking has been documented to be a problem within Latin American countries and the Caribbean. The United States has enacted an act Victims of Trafficking and Violence Protection Act of 2000. The 2007 Trafficking in Persons Report as conducted by the US Department of State separated Latin American countries into the Tier 1 , 2, 2 Watch List and 3 (Trafficking in Persons Report, 2007)
- Tier 1: Columbia
- Tier 2: Belize, Brazil, Chile, Costa Rica,Ecuador, El Salvador, Nicaragua,Paraguay, Panama, Portugal
- Tier 2 Watch List: Argentina, Guatemala, Mexico
- Tier 3: Cuba
(Trafficking in Persons Report, 2007)
In 2003 the United States " the U.S. made non-humanitarian aid contingent on a country’s tier placement in the annual Trafficking in Persons Report (TIP Report)." The United States decided to not assist those countries who had not made any effort to improve the traffiking situation ( i.e. Tier 3 countries ) As stated in a report by the United States State Department "Tier 3, faced the potential loss of U.S. military aid, educational and cultural assistance, and support from the World Bank and International Monetary Fund."This was an improvement from 2003 when both Cuba and Belize were in the Tier 3 category. (US Department of State, "U.S. Department Reviews Nations Anti Trafficking Progress.")
Explanation of the Tier System
NGO's also are formed to alert people of the trafficking, and to lobby for policy change, that is taking place in Latin America. One example is the existence of the Coalition Against Trafficking in Women in Latin America and Caribbean , whose headquarters are in Washington DC. (Coalition Against Trafficking in Women.)
(Report by the United States State Department http://www.state.gov/g/tip/rls/48311.htm)
First Networks of Women's Rights in Latin America
The first networks on women's rights in Latin America were " informal efforts of individual efforts of individual feminist arising after the World Conference on Women in 1975. "They then continued networking after that conference during UN Decade for Women" ( 1976-1985) The very first Latin American Feminist Meeting was held in 1981. In 1984, at a meeting in LACWHN was formed. The Third World Conference on Women took place in 1985 and at this conference there was a significant increase in the amount of NGO's present. A major NGO that was present from Latin America was the Latin American and Carribbean Committee for the Defense of Women's Rights ( Shepard Bonnie 41)(CLADEM).CLADEM Home Page. The 1980's and 1990's marked an important time for a formation of new national and regional networks. In Latin America as well as in many other countries national advocacy networks are formed in order to be " part of national consultation processes leading up to the UN conferences." ( Shepard, Bonnie 41) The Latin American Women's rights movement encountered much success through national policy success. For example Fourteen Latin American countries ratified the 1994 Inter- American Convention on the Elimination of all Forms of Discrimination Against Women ( CEDAW). Also twenty five Latin American and Caribbean countries ratified the 1994 Inter- American Convention on the Prevention, Punishment and Eradication of Violence Against Women. ( Shephard, Bonnie 42)
Sexual/Reproductive Health Rights
An important network named Red de Salud de las Mujeres Latino Americana y el Caribe (LACWHN) exists and fights for the defense of womens rights, specifically sexual and reproductive rights. The network is a Latin American based network that consists of over 2000 NGO's and grassroots organizations. (LACWHN)("History of LAWCHN.") was created in 1984 during the First Regional Women and Health meeting which took place in Tenza, Columbia.
[LACWHN]
The Joint United Nations Programs on Aids is another organization which is established to help further positive progression for reproductive rights. UNaids allows for countries within Latin America to help other Latin American countries. For example, Brazil ( which is stated by UNaids to have 1/3 of the 1.8 million people with Aids in Latin America living there)is working with Bolivia and Columbia and the Dominican Republic, El Salvador and Paraguay and has thus far helped them receive about 1 million US dollars to buy antrietroviral drugs to treat people with HIV. UNAids has also set up a special program in Colombia to help treat children who contracted Aids through mother- child transmission.("UNAids.")
Another UN organization which has established programs in Latin America is the UN development Fund for Women.[1] Rape and incest and punishment for these crimes is a problem that must be dealt with. Rape incidents are still high and is a force that must still be dealt with. (“Facts and Figures on Violence Against Women.” )
Abortion rights or lack thereof have caused many problems within Latin American countries such as Nicaragua. Nicaraguan government implemented a blanket ban on abortion even in the cases of rape, incest or life threatening pregnancies. Human Health Watch is currently in an " open letter" with the Supreme Court of Nicaragua. As stated by José Miguel Vivanco, Americas director at Human Rights Watch. “International law prohibits bans on abortion because such restrictions deny women their basic rights to life and health.,” ("Human Rights Watch Nicaragua: Blanket Ban on Abortion Harms Women." )
A US Policy that is relevant to abortion laws in Latin America is the "Global Gag Rule." The Global Gag Rule was reinstated by the Bush administration in 2001. The rule had an devastating impact on many countries including Latin America ( Shepard, Bonnie 44). The rule specifies that foreign NGO's that receive USAID family planning funds from using their own non- U.S funds to provide legal abortion services.It also restricts them from lobbying their own governments for law reform concerning abourtion and also restricts the provision of accurate medical counseling. ("The Bush Global Gag Rule: Endangering Women’s Health, Free Speech and Democracy." )
Progress Assessment: According to a assessment done by UN Aids, the overall progress for change within reproductive rights has been positive. They believe that its due in part to the increased access and acceptance services for adult women. There has also been increased effort to reduce maternal mortality." (Shepard, Bonnie 42)
[ United Nations]
Relevant Documents
The Universal Declaration of Human Rights ( which was adopted by the United Nations in 1948) references the rights of women and children in Article 2 ( as aforementioned) Article 16, and Article 25. Article 16, discusses the right to marry, the rights marriage entail and the protection of family by the State. Article 25, part 2, discusses the " entitlement" of special care and assistance for motherhood and childhood and the conditions there within. The United Nations has held conventions that were called because of problems that were present in treatment of children and women.(The Universal Declaration of Human Rights, 1948) In 1989 The UN General Assembly held a Convention on Rights of a Child in 1989 during which the Declaration of the Rights of the Child was amended to include rights of the the Convention. The Convention aimed to " promote the well being of children and their development and make a positive contribution to protecting children's rights and ensuring their well being." (Convention on the Rights of the Child) Another convention of relevancy is the Convention on the Elimination of All Forms of Discrimination against Women which was entered into force in 1981. The convention focused on the worth as a women as a person as well as " recalling that discrimination against women violates the principles of equity of rights and respect for human dignity." Convention on the Elimination of All Forms of Discrimination Against Women) Programs such Joint United Nations Programs on Aids and the UN Development Fund for Women are necessary because they allow for the principles and policies of the United Nations to be implemented. Another UN Fund which pertains to Womens Rights is the United Nations Population Fund which through its programme of action of the International Conference On Population and Development enacted compiled a list of internationally accepted reproductive rights.(ICPD Programme of Action of the International Conference on Population and Development).
The Universal Declaration of Human Rights
Convention on Rights of a Child
Convention on the Elimination of All Forms of Discrimination Against Women
United Nations Population Fund
Conclusion
There has been obvious positive change in Women's rights such as the decreased number of countries considered to be in tier 3 trafficking as well as formations of NGO's and grassroots groups and networks in both the United States and Latin America. The United Nations involvement also seems to be positive not only through documents and conventions but through funds and organizations such as UNaids. In conclusion while there have been significant changes specifically within the past twenty years it is important to note that rape rates are still high, human trafficking does still exists as well as abortion bans which deny women their basic health rights. I think that it is necessary for Latin American countries to continue in cooperation with the United Nations and their programs. The United Nations has established many programs that will help the countries. I also think that organizations such as OAS and IACHR are important because they will be able to provide Latin American countries with funds, resources and research necessary to continue to fight for the positive evolution of womens rights. I think that policies such as blanket bans on abortion should be lifted because the violate human rights. More education programs for safe sex, disease awareness and women's rights should also be enacted in these countries.
== Annotated Bibliography ==
1. Access to Justice for Women Victims of Violence in the Americas. IACHR. 2007. This site provides an example of a current assessment of the access to justice for women victims of violence in Latin America.
2. "Breief History of the IACHR." IACHR Home Page. 2007. Sept. 2007 <www.cidh.oad.org>. This site serves to provide background information pertaining to the IACHR.
3. "Coalition Against Trafficking in Women." Sept. 2007 <www.catwinternational.org/about/index.php>. This is the website of an Important NGO based out of Washington DC.
4. Convention on the Elimination of All Forms of Discrimination Against Women, 3 Sept. 1981, UN General Assembly. Sept. 2007.
5. Convention on the Rights of the Child, 12 Nov. 1989, UN General Assembly.
6. "History of CLADEM." Sept. 2007 <www.cladem.org>. CLADEM is an important NGO whose presence at the 1985 Women’s Rights Conference had a huge impact.
7. "History of LAWCHN." LAWCHN. <www.reddesalud.org/english/sitio/002.htm>. This site is for an important Latin American NGO.
8. "Human Rights Watch Nicaragua: Blanket Ban on Abortion Harms Women." Human Rights Watch (2003). <www.org/english/docs/2007/08/30/nicara>. This site explains how the blanket ban policy has caused harm to women of Latin America.
9. ICPD Programme of Action of the International. United Nations Population Fund Conference on Population and Development, 1994.This provides for a more in depth look of the conference that took place in 2004.
10. Quito Consensus. Tenth Session of the Regional Conference on Women in Latin America and the Caribbean, 4 Aug. 2007. The Quito Consensus is an important document which establishes measures to prevent and fight against violence in accordance with the UN charter.
11. Shepard, Bonnie. Running the Obstacle Course to Sexual and Reproductive Health. Westport: Praeger, 2006. This book provides a significant amount of background information concerning the battle for sexual and reproductive rights in Latin America.
12. "The Bush Global Gag Rule: Endangering Women’s Health, Free Speech and Democracy." Center for Reproductive Rights. Sept. 2007 <www.reproductiverights.org/pub_ggbush.html>.
13. Trafficking in Persons Report. U.S. Department of State. 2007. Sept. 2007 <www.state.gov/g/tip/rls/tiprpt/2007/>. This site provides records of trafficking which has taken place within Latin American countries in 2007.
14. "UNAids." United Nations. <www.unaids.org>. UNAids is a specific branch of UN which fights against the spread of Aids and helps countries acquire treatment. United Nations. Facts and Figures on Violence Against Women. 2007. <www.unifem.org/campaigns>. This site provides facts and figures concerning violence against women in Latin American countries.
15. United Nations. The Universal Declaration of Human Rights. 1948. This document provides an universally accepted list of human rights.
16. United States. U.S. Department of State. U.S. Department Reviews Nations Anti Trafficking Progress. 22 Jan. 2007. This site provides an explanation of the trafficking tier system and the Anti Trafficking progress that has been made within the United States in 2007.