Position of Women under the International Law | Women and Human Rights International Law LLB Notes

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Position of Women under the International Law | Women and Human Rights



1) Introduction 


           Human rights of the women have been recognized under the various International instruments and under Municipal laws. There shall not be any discrimination on the ground of sex therefore for the promotion of the status of women in various field and to eliminate discrimination against women,  Commission on the status of women and committee on the elimination of discrimination against women are established by the economic and social council on the recognition of this commission and committees has been initiated a reporting system on implementation of various covenant protecting human rights of women
        The convention on the political rights of women was adopted by the General Assembly in 1952 in this convention it was declared that the women shall be entitled to vote in all elections on equal terms with men, without any discrimination and that woman shall be eligible to hold public office and to exercise all public functions established by National Law on equal terms with men.



2) Position of Women under the International Law :- 


             The Preamble to the charter of the United Nations it has been resolved relating to fundamental human rights of man and woman in the following words -  but we the people of the United Nations determined to reaffirm fit in fundamental Human Rights in the dignity and worth of human person in the equal rights of man and woman and of nations large and small........
"we the people of the United Nations determined...... to reaffirm faith in fundamental Human Rights, in the dignity and worth of the human person, in the equal rights of man and woman and of nations large and small........


In article 1 of the United charter, it has been provided that the purpose of United Nations are
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3.To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
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3) Article 8 , Article 13 and Article 55(c) of The United Nations Charter : 

Article 8 of the United Nations Charter says that - The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

Article 13 1(b) of the Charter lays emphasis upon "promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 55(c): 

      Article of the United Nations Charter saysthat United Nations shall promote: higher standards of living, full employment, and conditions of economic and social progress and development; solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

           The first International instrument dealing exclusively with women's right was adopted by the General Assembly in 1952. It was the convention on the political rights of women in this convention it was declared that women shall be entitled to vote in all elections on equal terms with man, without any discrimination and that woman shall be eligible to hold public office and to exercise all public functions established by National Law on equal terms of with men.




In 1967, the United Nations adopted the declaration on the elimination of discrimination against women United in a single instrument principle of standard relating to the rights of women in all spheres of family life and Society.




4) International Women's Year 1975 ;-


         The general assembly proclaimed 1975 as the International year of women. From 19th June to 2nd July 1975


5) World conference of international Women's year :-


            World conference on women, sponsored by the united nations was held in Mexico City. This conference was attended by more than 1000 representatives of whom about 70% were women. These representatives represented 133 States.They adopted the declaration of Mexico on the equality of men and women and their contribution to development and peace 1975

In 1975, the general assembly approved the creation of international Research and training institute for advancement of women which came into force in October 1979

The Fourth world conference on women action for ability development and peace was held in Beijing in China from 4 September to 15 September 1975,  According to the general assembly resolution of December 1989. This was one of the biggest conferences of the world, in which 17000 representatives were assembled;  6000 representatives were of 189 countries, more than 400 representatives ware of  recognized Non-government organizations. The echo and viso of this conference was "look at the world through women's eyes" which continue for 2 weeks at Beijing.


Important International Conventions on the Development of status of Women ;-



(1) Convention on the elimination of all forms of discrimination against women :- 




         Convention on the elimination of all forms of discrimination against women, it was adopted by the General Assembly of the United Nation on December 18, 1979. This convention is constituted in 6 parts  and article 30 Articles.


(2) Convention on the nationality of married women :-


           This Convention was adopted by the General Assembly of the United Nations in 1957. This convention came into force on 11 August 1958. This convention tried to establish equality of women with men as to question of nationality.

(3) Equal remuneration convention : -


           This convention was adopted by by the General conference of the International Labour Organisation on 29 June 1951 which came into force on 23 May 1953. The principle that woman and men must be given equal remuneration for equal work was in consonance with the Peace Treaty of 1919. The member states under the convention put an obligation to ensure the application to all workers for the work of equal value.

The equal remuneration recommendation incorporated even more detailed and elaborate provision as to the implementation of the principle of equal pay for equal work to all workers irrespective of their sex.



(4) Convention against discrimination in education :-


        It was adopted by the conference of the educational, cultural and scientific organization of the United Nations, on 14th December 1960 which came into force on 22 March 1962. This convention declares any discrimination based on sex as impermissible in all standards of education and approach thereto.



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