Universal Declaration On Human Rights Law European Essay

Published Date: 02 Nov 2017

Introduction 2

The Universal Declaration of Human Rights 6

The Convention on the political rights of women 10

The Convention on the Nationality of Married women 11

The Convention on Elimination of All Forms of discrimination against women 12

The Declaration of the Elimination of Violence against Women 18

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women 22

The Commission on the Status of Women 25

Beijing Conference: Fourth World Conference on Women-1995 26

Conclusion 35

Chapter-4

Role played by Human Rights Organisations in Prevention of

Crime, Atrocity and Violence against

Women in India.

The United Nations is committed to the principle of equality of man and women, meaning equality in their dignity and worth as human beings as well as equality in their rights, opportunities and responsibilities. In its work for the advancement of women, the entire United Nations system has dedicated itself to ensuring the Universal recognition, in law, of equality of rights between men and women and to exploring ways to give women, in fact, equal opportunities with men to realise their human rights and fundamental freedoms. [1] 

It is indeed very surprising to teach that woman, who was exploited the world over, was chosen to be the earliest entity to voice the classic example to inalienable rights of human beings. In Greek literature, Sophocles talks about inalienable human rights of a citizen through a woman in a play, a Greek tragedy. [2] 

The impoverished status of women is in sharp contrast to an otherwise developing milieu in which social change does not accompany the rapid modernisation process, The prevalent gender bias, being offensive to human dignity and human rights, has emerged as a fundamental crisis the world over. Human rights can be taken as those minimal rights which every individual must have against the state or other public authority by virtue of his being a ‘member’ of human family, irrespective of any other consideration. Democracy, development, respect for human rights and fundamental freedoms are interdependent and have mutual reinforcement. The human rights for women are therefore an inalienable, integral and indivisible part of human rights. The full development of personality, fundamental freedom and equal participation by women in political, social, economic and cultural scenarios are commitment for international as well as national development, social and family stability and growth- culturally, socially and economically. All forms of discrimination on grounds of gender are, thus, violative of fundamental freedom and human rights. Gender injustice and insensitiveness manifests itself in the form of discrimination, crime and violence against women.

Taking cognizance of this repression all over, the United Nations passed various instruments with a focus on women’s emancipation and with the object of enhancing the dignity of women all over the world. The United Nations has come a long way from being a security agency to become an organisation concerned with human rights, justice and equality. In the area of women’s issues it has gathered enormous support whereby it has promoted and protected women’s rights and women’s empowerment. Throughout the world the United Nations has prescribed ‘common minimum standards’ to be adopted by member countries for eradicating gender discrimination. The international women’s movement began many years before the inception of the United Nations. In 1775 Mary Wollstonecraft, wrote, A Vindication of the Rights of Women. [3] Then in 1848, there was the famous convention on woman’s rights at Seneca Falls. [4] After the inception, the United Nations Organisation moved quickly to affirm that the advancement of women was a major thrust area of its work. Four progressive phases are discernible in the evolution of these efforts.

In the first period from 1945 to 1962, the United Nations worked to secure women’s legal equality. The United Nations was born at a time when there were a lot of obstacles for women both in terms of social backdrop and law. These included inequalities in laws and customs concerning marriage and family. In education, they were denied the same opportunities as men and boys. Entering the workforce in rapidly growing numbers they found barriers in both employment and pay. In politics, women were often denied the right to vote, to hold office or otherwise to participate in political life. [5] With the formation of the commission on Human Rights and the commission on the Status of Women in 1946, and the adoption of the Universal Declaration of Human Rights in 1948, the organisation began its work on behalf of women with a drive to establish the legal basis for the promotion of their equal rights. The Commission on Status of Women recognised that the process of codifying the legal rights of women had to begin with factual information about the extent to which discrimination against women existed in law and practice. The United Nations undertook a massive research to assess the status of women worldwide. Subsequent United Nations fact-finding efforts produced a detailed country wise report of the political and legal status of women, enumerating the gains and obstacles-these became the basis for global standards that were incorporated into international law through a series of treaties and conventions. In drafting these human rights instruments close working relationships began to develop between the Commission on the Status of Women and other United Nations bodies such as the International Labour Organisation and the United Nations Educational, Scientific and Cultural Organisation. At the national level the Governments were asked to deal with women’s political and legal rights, access to education and training, employment and violence.

During the second period from 1963 to 1975, more and more Governments responded to the United Nations by adopting laws and programme to protect women’s rights. Adoption of Declaration on the Elimination of Discrimination against Women in 1967 acted as a catalyst and the Organisation encompassed apart from codification of rights to economic and social realities of women. Matters as policy formulation, attitude change, political commitment and institution building came to the forefront, particularly as they affected women in developing countries. The fact that development was essential if women were to achieve equality was recognised and the United Nations increasingly structured its development assistance programmes to meet this challenge. With the proclamation of 1975 as the International Women’s Year, the campaign for women’s rights gathered momentum. A major conference was held in Mexico on the status of women which developed a three-pronged then of equality, development and peace. This theme became the bases of the Organisation’s work for women in the coming years.

The third phase from 1976 to 1985 coincided with the United Nations Decade for Women. The United Nations projected the fact that women’s equality and rights, far from being isolated issues, were important factors in the well-being of societies everywhere. The under valuation of women was identified as both a cause and an effect of underdevelopment, closely linked to global problem such as poverty, overpopulation, illiteracy, malnutrition and poor health conditions.

The finding immediately has a Global impact manifested in the Convention on Elimination of All Forms of Discrimination against Women, 1979 which is an International Bill of human Rights for Women. The decade also generated a series of action programmes that recognised the need to promote equality of men and women.

As in Mexico in 1975, and then in Copenhagen in 1980, another watershed was reached in 1985 with a World Conference in Nairobi to mark end the Decade for Women and assess its achievements. Delegates at Nairobi adopted the Nairobi Forward-looking Strategies for the Advancement of Women to the Year 2000, a blueprint for achieving women’s equality.

In the current fourth phase, from 1986 till date, the United Nations and its institutions have been strengthened and the support for the rights of women have been woven into the mainstream efforts of all the organisation’s agencies and bodies. The World Summit for Children, Earth Summit, 1992, and the World Conference on Human Rights, 1993, International Conference on Population and Development, 1994, World Summit for Social Development, 1995, synthesised the achievements, recognising the pivotal role of women in eradicating poverty and mending the social fabric. [6] 

It is relevant here to list the achievements of the UN in the field of women’s rights since 1945. Besides the adoption of the UN charter in 1945, the following achievements deserve mention:

Establishment of the Commission on Status of Women in 1946 to promote women’s political, economic and social rights.

Adoption of the Convention for the Suppression of the Traffic in Persons and Exploitation of Prostitutes and Others by the General Assembly in 1949.

Adoption of Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value by the ILO in 1951.

Adoption of the Convention on Political Rights of Women including the Right to Vote by the General Assembly in 1952.

Adoption of the Convention on the Nationality of Married Women in 1957 granting women the right to retain or change their nationalities regardless of their husband’s actions.

Adoption of the Convention Concerning Discrimination in respect to Employment and Occupation in 1960.

Adoption, by the General Assembly in 1962, of the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages.

Adoption of Declaration on the Elimination of Discrimination against Women in 1967.

Adoption of the First World Plan of Action and Proclamation of First World Decade for Women: With themes of Equality, Development and peace by World Conference of Women in Mexico City in 1975.

Establishment of Voluntary Fund for the Un Decade on Women (UNIFEM) and the UN International Research Institute for the Advancement of Women (INSTRAW) by the General Assembly in 1976.

Adoption of the Convention on the Elimination of All Forms of Discrimination against Women in 1979.

Second World Conference on Women at Copenhagen in 1980.

Third World Conference on Women at Nairobi in 1985, Adoption of Forward-looking Strategies for the Advancement of Women to the Year 2000 and Voluntary Fund for UN decade for women became UN Development Fund for Women (UNIFEM), an autonomous organisation within the UN Development Programme.

In 1986 First world Survey on the Role of Women in Development was published.

In 1991, the World’s Women: Trends and Statistics, a compilation of data on the global situations of women was published.

Key Role of Women in Sustainable Development was recognised in the UN Conference on Environment and Development, 1992 held at Rio de Janerio.

In 1993, the Declaration on Elimination of Violence against Women was adopted by the General Assembly.

Empowerment of women was seen as an integral part of development for the first time in the International Conference on Population and Development (Cairo) in 1994.

The Fourth World Conference on Women held at Beijing, 1995 reviewed and debated critical areas of concern and adopted a proposed platform for Action.

Declaration of the International Year for the Empowerment of Women in 2001.

Copenhagen Declaration and platform for action of the Fourth World Conference on Women.

Draft Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2001.

The Beijing Plus Five UN General Assembly Special Session, 2000.

Let us now look at certain important instruments of the United Nations which have proved to be milestones in achieving gender justice and are against gender discrimination.

UNIVERSAL DECLARATION ON HUMAN RIGHTS

The Universal Declaration of Human Rights [7] was finally adopted by the General Assembly of the United Nations of Resolution 217-A (III) on 10 Dec. 1948. The Preamble of the Universal Declaration of Human Rights which is as follows:-

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now therefore, The General Assembly proclaims This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

According to Bunch, "Human Rights instruments and mechanisms provide avenues for challenging the systematic abuse of women and governments can be made to take gender-based violations more seriously by being held accountable for the implementation of laws against them......." [8] 

Since its adoption in 1948, the Universal Declaration on Human Rights has exercised a powerful influence both internationally and nationally. Fawcett has remarked:

"The Un Declaration on Human Rights in 1948 was a public and indeed a global proclamation of ‘a common standard of achievement for all peoples and all nations’....it is the mine from which other conventions as well as national constitutions protecting these rights have been and are being quarried." [9] 

The Preamble of the United Nations (1945) begins by referring a "faith in fundamental human rights, in the dignity and worth of the human persons, in the equal rights of men and women and of nations large and small". The United Nations Charter states that the United Nations aspires to "achieve international cooperation....... in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion" [Article 1(3)].

As per the Declaration of Human Rights, women along with men are entitled to all rights and the terms ‘no one’ and ‘everyone’ include both men and women. The Declaration has 30 Articles. Articles 2 to 21 have been referred to as civil and political rights and Articles 22 to 27 deals with different social and economic rights.

Article 2 of the Declaration states that, "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs.

As per Article 16 of the Declaration, (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Articles 1 and 3 of the Declaration are very important.

As per Article 1 of the Declaration, "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."

Under Article 3 of the Declaration Everyone has the right to life, liberty and security of person. Article 7 of the Declaration states that all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Other civil and political rights are-

Everyone has the right to life, liberty and security of person.(Article 3)

No one shall be held in slavery or servitude (Article 4)

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.(Article 5)

Everyone has the right to recognition everywhere as a person before the law. (Article 6)

All are equal before the law and are entitled without any discrimination to equal protection of the law. (Article 7)

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution.( Article 8)

No one shall be subjected to arbitrary arrest, detention or exile. (Article 9)

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.(Article 10)

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial.(Article 11)

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.(Article 12)

Everyone has the right to freedom of movement and residence within the borders of each State. (Article 13)

Everyone has the right to seek and to enjoy in other countries asylum from persecution.(Article 14)

Everyone has the right to a nationality.(Article 15)

Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.(Article16)

Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. (Article 17)

Everyone has the right to freedom of thought, conscience and religion.(Article 18)

Everyone has the right to freedom of opinion and expression.(19)

Everyone has the right to freedom of peaceful assembly and association.(Article 20)

Everyone has the right to take part in the government of his country.(Article 21)

Economic, social and cultural Rights are enumerated in Articles 22 – 27, they are following:-

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation.(Article 22)

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.(Article 23)

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. (Article 24)

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.(Article 25)

Everyone has the right to education (Article 26)

Everyone has the right freely to participate in the cultural life of the community. (Article 27)

The International Covenant on Civil and Political Rights, 1966 declares that; "The State Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present covenant." [10] 

The International covenant on Economic, Social and Cultural Rights, 1966 declares that:- "The State parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present covenant." [11] 

CONVENTION ON THE POLITICAL RIGHTS OF WOMEN, 1952

Convention on the political rights of women was adopted by the General Assembly on 20th December, 1952 and came into force on 7th July, 1954.

That Convention desire to implement the principle of equality of rights for men and women contained in the charter of the United Nations. It recognised that everyone has the right to take part in the government of his country directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalise the status of men and women in the enjoyment and exercise of political rights, in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights.

The main provision of the Convention on the Political Rights of Women, 1952 are following:-

Article I of the Convention States that, "Women shall be entitled to vote in all elections on equal terms with men, without any discrimination."

Article II of the Convention States that, "Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination."

Article II of the Convention States that, "Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination." [12] 

CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957

Convention on the Nationality of Married women was adopted by the General Assembly on 1957, and came to the force on 11 August 1958.

The convention recognised that, in article 15 of the Universal Declaration once to nationality arise as a result of provisions concerning the loss or acquisition of nationality by women as a result of marriage, of its dissolution or of the change of nationality by the husband during marriage, and in article 15 of the Universal Declaration of Human Rights, the General Assembly of the United Nations has proclaimed that "everyone has the right to a nationality" and that "no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." The Convention desires to co-operate with the United Nations in promoting universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to sex. The main provision of the Convention of the Nationality of Married Women, 1957 are following:-

Neither the celebration nor the dissolution of a marriage between one of its nationals and an alien, not the change of nationality by the husband during marriage, shall automatically affect the nationality of the wife. [13] 

Neither the voluntary acquisition of the nationality of another state nor the renunciation of its nationality by one of its nationals shall prevent the retention of its nationality by the wife of such national. [14] 

The alien wife of one of its nationals may, at her request, acquire the nationality of her husband through specially privileged naturalisation procedures. However, the grant of such nationality may be subject to such limitations as may be imposed in the interest of national security or public policy. [15] 

The present Convention shall not be construed as affecting any legislation or judicial practice by which the alien wife of one of its nationals may, at her request, acquire her husband’s nationality as a matter of right. [16] 

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN,1979

Convention on Elimination of All Forms of discrimination against women was adopted by the General Assembly on 18 December, 1979 and came into the force on 3 September 1981. [17] On 18 February, 2008 this convention has been ratified by 185 States. This convention has divided into six part and 30 Articles.

It was emphasised in the Convention that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights. It was also considered that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields.

Definition of ‘Discrimination against Women’

According to Article 1 of the Convention, the term "discrimination against women" means 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.

Obligation of the State Parties

1. States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:-

To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

To repeal all national penal provisions which constitute discrimination against women. [18] 

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. [19] 

States Parties have undertaken to all appropriate measures:-

To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases. [20] 

States Parties have undertaken to all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. [21] 

The States Parties undertook to take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:-

To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

To participate in non-governmental organizations and associations concerned with the public and political life of the country. [22] 

States Parties also take to all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations. [23] 

With regard to nationality that, States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. States Parties shall grant women equal rights with men with respect to the nationality of their children. [24] 

The States Parties have undertaken to take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:-

The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

The same opportunities to benefit from scholarships and other study grants;

The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

The same Opportunities to participate actively in sports and physical education;

Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. [25] 

The States Parties to take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular the right to:-

Work as an inalienable right of all human beings;

The same employment opportunities,

Free choice of profession and employment, promotion, job security and all benefits and conditions of service.

Equal remuneration, including benefits, and to equal treatment in respect of work of equal value.

Social security

Protection of health and to safety in working conditions. [26] 

In order to prevent discrimination against women on the grounds of marriage or maternity, States Parties shall take appropriate measures:

To prohibit, dismissal on the grounds of pregnancy, maternity leave, marital status;

To introduce maternity leave with pay without loss of former employment, seniority or social allowances;

To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, development of child-care facilities;

To provide special protection to pregnant women. [27] 

The States Parties also agreed to take all appropriate measures to eliminate discrimination against women in the field of health care, on a basis of equality of men and women, to family planning. [28] 

The convention also deals with the problems faced by rural women and seek to ensure that all appropriate measures are taken to apply the provisions of the Convention to women in rural areas and to eliminate discrimination against women in rural areas on the basis of equality of men and women. [29] 

The States Parties accorded to women:-

equality with men before the law.

In civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

The same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. [30] 

The States Parties also agreed to take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:-

The same right to enter into marriage;

The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

The same rights and responsibilities during marriage and at its dissolution;

The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption;

The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

Further, the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory. [31] 

Implementation of the convention

The Convention provides for the establishment of a committee as Elimination of Discrimination against women. The Committee shall consist, at the time of entry into force of the Convention, of eighteen and, after ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the Convention. [32] 

The States Parties submit to the Secretary-General of the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect: Within one year after the entry into force for the State concerned; and thereafter at least every four years and further whenever the Committee so requests. [33] 

The Committee shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. The Secretary-General of the United Nations, transmit the reports of the Committee to the Commission on the Status of Women for its information. [34] 

The implementation machinery for the Convention is very weak and far from satisfactory by any standard. The Committee has no teeth. It cannot compel the State Parties to give effect to the provisions of the convention. It may simply make suggestion and general recommendations based on the examination of reports and information received from the State Parties. Indeed it is much weaker than the Human Rights Committee established under the International Convention on Civil and Political Rights. The Convention on the Elimination of All Forms of Discrimination against Women is also conspicuous by absence of provisions relating to Inter-State Communication systems. To make the Committee more effective, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 1999 and 2008 was adopted. This Optional Protocol provides machinery for the much better implementation of the Convention. Optional Protocol, 2008 has been ratified by as many as 90 States. [35]