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The United Nations
Fourth World Conference on Women
Beijing, China - September 1995
Action for Equality, Development and Peace
PLATFORM FOR ACTION
Human Rights of Women Diagnosis
Strategic objective I.1. Promote and protect
the human rights of women, through the full implementation of all human rights
instruments, especially the Convention on the Elimination of All Forms of
Discrimination against Women. Actions to be taken.
Strategic objective I.2. Ensure equality and
non-discrimination under the law and in practice. Actions to be taken.
Strategic objective I.3. Achieve legal
literacy. Actions to be taken.
Human Rights of Women follow-up (Under construction)
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I. Human Rights of Women
- Human rights and fundamental freedoms are the birthright of all human
beings; their protection and promotion is the first responsibility of
Governments.
- The World Conference on Human Rights reaffirmed the solemn commitment of
all States to fulfil their obligation to promote universal respect for, and
observance and protection of, all human rights and fundamental freedoms for
all, in accordance with the Charter of the United Nations, other instruments
relating to human rights, and international law. The universal nature of
these rights and freedoms is beyond question.
- The promotion and protection of all human rights and fundamental
freedoms must be considered as a priority objective of the United Nations, in
accordance with its purposes and principles, in particular with the purpose of
international cooperation. In the framework of these purposes and principles,
the promotion and protection of all human rights is a legitimate concern of
the international community. The international community must treat human
rights globally, in a fair and equal manner, on the same footing, and with the
same emphasis. The Platform for Action reaffirms the importance of ensuring
the universality, objectivity and non-selectivity of the consideration of
human rights issues.
- The Platform for Action reaffirms that all human rights - civil,
cultural, economic, political and social, including the right to development -
are universal, indivisible, interdependent and interrelated, as expressed in
the Vienna Declaration and Programme of Action adopted by the World Conference
on Human Rights. The Conference reaffirmed that the human rights of women and
the girl child are an inalienable, integral and indivisible part of universal
human rights. The full and equal enjoyment of all human rights and
fundamental freedoms by women and girls is a priority for Governments and the
United Nations and is essential for the advancement of women.
- Equal rights of men and women are explicitly mentioned in the Preamble
to the Charter of the United Nations. All the major international human
rights instruments include sex as one of the grounds upon which States may not
discriminate.
- Governments must not only refrain from violating the human rights of all
women, but must work actively to promote and protect these rights.
Recognition of the importance of the human rights of women is reflected in the
fact that three quarters of the States Members of the United Nations have
become parties to the Convention on the Elimination of All Forms of
Discrimination against Women.
- The World Conference on Human Rights reaffirmed clearly that the human
rights of women throughout the life cycle are an inalienable, integral and
indivisible part of universal human rights. The International Conference on
Population and Development reaffirmed women's reproductive rights and the
right to development. Both the Declaration of the Rights of the Child [31] and
the Convention on the Rights of the Child [11] guarantee children's rights and
uphold the principle of non-discrimination on the grounds of gender.
- The gap between the existence of rights and their effective enjoyment
derives from a lack of commitment by Governments to promoting and protecting
those rights and the failure of Governments to inform women and men alike
about them. The lack of appropriate recourse mechanisms at the national and
international levels, and inadequate resources at both levels, compound the
problem. In most countries, steps have been taken to reflect the rights
guaranteed by the Convention on the Elimination of All Forms of Discrimination
against Women in national law. A number of countries have established
mechanisms to strengthen women's ability to exercise their rights.
- In order to protect the human rights of women, it is necessary to avoid,
as far as possible, resorting to reservations and to ensure that no
reservation is incompatible with the object and purpose of the Convention or
is otherwise incompatible with international treaty law. Unless the human
rights of women, as defined by international human rights instruments, are
fully recognized and effectively protected, applied, implemented and enforced
in national law as well as in national practice in family, civil, penal,
labour and commercial codes and administrative rules and regulations, they
will exist in name only.
- In those countries that have not yet become parties to the Convention on
the Elimination of All Forms of Discrimination against Women and other
international human rights instruments, or where reservations that are
incompatible with the object or purpose of the Convention have been entered,
or where national laws have not yet been revised to implement international
norms and standards, women's de jure equality is not yet secured. Women's
full enjoyment of equal rights is undermined by the discrepancies between some
national legislation and international law and international instruments on
human rights. Overly complex administrative procedures, lack of awareness
within the judicial process and inadequate monitoring of the violation of the
human rights of all women, coupled with the underrepresentation of women in
justice systems, insufficient information on existing rights and persistent
attitudes and practices perpetuate women's de facto inequality. De facto
inequality is also perpetuated by the lack of enforcement of, inter alia,
family, civil, penal, labour and commercial laws or codes, or administrative
rules and regulations intended to ensure women's full enjoyment of human
rights and fundamental freedoms.
- Every person should be entitled to participate in, contribute to and
enjoy cultural, economic, political and social development. In many cases
women and girls suffer discrimination in the allocation of economic and social
resources. This directly violates their economic, social and cultural rights.
- The human rights of all women and the girl child must form an integral
part of United Nations human rights activities. Intensified efforts are
needed to integrate the equal status and the human rights of all women and
girls into the mainstream of United Nations system-wide activities and to
address these issues regularly and systematically throughout relevant bodies
and mechanisms. This requires, inter alia, improved cooperation and
coordination between the Commission on the Status of Women, the United Nations
High Commissioner for Human Rights, the Commission on Human Rights, including
its special and thematic rapporteurs, independent experts, working groups and
its Subcommission on Prevention of Discrimination and Protection of
Minorities, the Commission on Sustainable Development, the Commission for
Social Development, the Commission on Crime Prevention and Criminal Justice,
and the Committee on the Elimination of Discrimination against Women and other
human rights treaty bodies, and all relevant entities of the United Nations
system, including the specialized agencies. Cooperation is also needed to
strengthen, rationalize and streamline the United Nations human rights system
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