(copyright © Widows for Peace though Democracy (WDP)
Margaret Owen director.wpd@googlemail.com
, 17th June 2009)
MODEL
CHARTER FOR THE RIGHTS OF WIDOWS
A Draft Protocol for adaptation to specific country,
legal, social, cultural and economic situations.
Discrimination
against and abuse of WIDOWS occurs
across a wide spectrum of cultures, religions, ethnic groups, regions,
irrespective of the economic or education status of the women subject to this
oppression
Attitudes
to and treatment of widows varies from relatively mild indifference and social
exclusion (prevalent in some developed countries of the West) to extreme
mental, physical and sexual torture, and even to murder. In
In the
context of legal rights, whether enshrined in International Law, or in the
Constitution and Domestic Law, widows are often beyond the reach of modern
statutes, and may, for various reasons, be unable to access the modern justice
system in their countries. In countries where parallel systems of law co-exist
(religious, customary, modern), widows’ lives are mainly determined by
interpretations, made by leaders of their local communities, of the former two
systems. Thus, widows are often barred from inheriting from their dead
husband’s estate; may be evicted from the family home; lose custody of their
children to the male relatives of their deceased spouse. They may be unable to
own or dispose of land, and be subject to horrific, degrading and
life-threatening traditional practices.
In spite
of the many ratifications to the CEDAW, the consensus of the Beijing Platform
for Action, the widespread support for the Elimination of Violence to Women,
and the endorsement by governments of the SCR 1325, widows continue to be excluded
from the progress made in raising the status of millions of the World’s Women.
Not only
are they denied their basic human rights, civil, political, social and
economic, but their crucial roles in society, in development, in peace
building, as sole supporters of their families has not been recognised. There
is a dearth of statistical data and little situational analysis of their
day-to-day struggles to survive.
But
change is on the way as widows begin to organise themselves to be agents of
CHANGE, lobby for law reforms, are represented in decision-making, and begin to
be counted and heard.
The Charter for WIDOWS’
RIGHTS demands the elimination of all discrimination against widows, both
within the family and in community and public life. Non-state actors – such as
family members – may not justify the abuse of widows on the grounds of
“custom”. As Nafis Sadik once said, famously, “ no custom or religion can ever
justify the oppression of women”. We add, nor of WIDOWS.
The plight of widows of war often
worsens in the aftermath of conflict, and SCR 1325 has not assisted them to
have their immediate as well as long-term needs addressed. But the aftermath of
war, when the numbers of widows and wives of the missing will have increased
unprecedentedly, is the opportune moment for widows to organise themselves and
ensure that, for example, in the drafting of new constitutions, in law and
administrative reforms, widows’ issues are mainstreamed and their rights
guaranteed.
This
Draft draws on all the Human Rights Conventions and Charters, and particularly
on the CEDAW and the Beijing Platform. It also accommodates the consensus
arrived at in agreeing the MDGs and other Resolutions and Declarations.
The
Articles below describe acts and attitudes which are, in most countries,
already proscribed under the general principles of international laws ratified
by governments. Here they are spelt out
specifically.
It is
hoped it will be a useful lobbying tool for widows’ groups, women’s
organisations, and inform the relevant Ministries (Women, Justice, Health etc.)
of the principle issues.
WIDOWS’ CHARTER
NOTING THAT ALL WOMEN ARE EQUAL before
the law and that the human rights of women are inalienable, universal and
non-transferable,
NOTING THAT IN MANY
COUNTRIES WIDOWS SUFFER FROM LOW STATUS, DISCRIMINATION, VIOLENCE AND LACK OF
LEGAL RIGHTS
NOTING THAT IN MANY COMMUNITIES WIDOWS ARE STEREOTYPED
AS EVIL, BRINGING BAD LUCK, AND THAT SOCIAL ATTITUDES TO WIDOWHOOD OBSTRUCT
THEM FROM FULLY PARTICIPATING IN CIVIL SOCIETY
NOTING THAT IN SPITE OF INTERNATIONAL AND DOMESTIC
LAWS GUARANTEEING EQUALITY IN INHERITANCE, LAND OWNERSHIP, AND CRIMINALISING
VIOLENCE TO WOMEN WIDOWS ARE OFTEN BANNED FROM INHERITING, EVICTED FROM THEIR
HOMES, DEPRIVED OF ALL THEIR PROPERTY, AND LEFT IN DESTITUTION
NOTING THAT WIDOWS ARE OFTEN VICTIMS OF DEGRADING AND
LIFE-THREATENING TRADITIONAL PRACTICES IN THE CONTEXT OF FUNERAL AND BURIAL
PRACTICES
NOTING THAT WIDOWS, IN THE CONTEXT OF THE AIDS
PANDEMIC, SUFFER STIGMA AND ABUSE, HAVE SPECIAL HEALTHCARE NEEDS BUT ARE ALSO
KEY CARERS OF CHILDREN, ORPHANS AND OTHER DEPENDENTS.
NOTING THAT THERE IS NO SPECIAL REFERENCE TO
DISCRIMINATION AND ABUSE OF WIDOWS IN THE
NOTING THAT WIDOWS ARE KEY SOCIAL AND ECONOMIC PLAYERS
IN DEVELOPMENT
REAFFIRMING THE IMPORTANT ROLE THAT WIDOWS DO AND MAY
PLAY IN THE RESOLUTION AND PREVENTION OF CONFLICTS
EXPRESSING CONCERN THAT THE IMPACT OF THIS TREATMENT
OF WIDOWS HAS SEVERE AND NEGATIVE IMPLICATIONS FOR THE WHOLE OF SOCIETY
IN PARTICULAR BECAUSE THE POVERTY OF WIDOWS DEPRIVES
THEIR CHLDREN OF THEIR HUMAN RIGHTS TO SHELTER, FOOD, EDUCATION AND THE RIGHTS
OF THE CHILD
RECOGNISING THE URGENT NEED TO MAINSTREAM A WIDOWS’
PERSPECTIVE IN ALL POLICY DEVELOPMENTS AND DECISIONS
REAFFIRMING THE NEED TO IMPLEMENT FULLY ALL
INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW THAT PROTECTS THE RIGHTS OF
WOMEN AND GIRLS DURING AND AFTER CONFICT AS WELL AS IN TIMES OF PEACE
REQUIRES ALL GOVERNMENTS TO USE ALL MEASURES POSSIBLE
TO ELIMINATE THIS DISCRIMINATION, AND TO WORK WITH WIDOWS’ GROUPS TO ASSESS
THEIR NUMBERS AND THEIR SITUATION SO AS TO DEVELOP POLICIES AND LAWS TO
ALLEVIATE THEIR ISOLATION AND POVERTY, AND ACKNOWLEDGE THEIR VALUABLE SOCIAL CAPITAL.
ARTICLE 1
Widows shall enjoy equality with all women and men,
irrespective of their age or marital status.
Any treatment of a widow which differs from the
treatment, legally, socially, economically, of a widower shall be deemed to be
discriminatory and therefore illegal.
Widows shall not be discriminated against, in word or
deed, either in family and private life, or in community and public life.
The State is guilty, by omission, of breach of the
law, if it implicitly condones discrimination and abuse of the widow by
non-state actors, such as family members.
ARTICLE 2
a) Widows shall have the right to
inherit from their husband’s estate, whether or not the deceased spouse left a
will.
b) Widows may not be disinherited
c) Widows may not be “inherited” as
wives or concubines to their husband’s brother, nor forcibly placed in a “levirate” relationship, nor forcibly
made pregnant by a relative in order to continue producing children in her dead
husband’s name.
d) A widow has the right to remarry
e) A widow must be free to marry
someone of her own choice
f) Polygamy and temporary marriage is
forbidden.
g) “Honour Killings” are murder
h) Daughters shall inherit equally
with sons
i)
“Property-Grabbing”
and “chasing-off” are criminal offences, punishable as the most serious
category of crime
j)
Anyone
who attempts or manages to deprive a widow of any of her property, take custody
of her children, without an order of a judge or magistrate shall be guilt of
the most serious category of crime
k) Anyone, whether a relative or a
stranger, who seeks or manages to gain control of the dead husband’s bank
account, insurance policy, accident compensation claims, without the order of
the Court is guilty of the most serious category of crime
l)
Free
Legal Aid shall be given to widows in all inheritance, property and personal
status disputes
ARTICLE 3
a) Anyone who arranges or coerces a widow to participate
in harmful traditional practices in the context of funeral and burial rites
shall be guilty of the most serious category of crime ( for example: ritual
cleansing through sex; scarification; isolation; restrictions on diet and dress
endangering mental and physical health)
b) Anyone who has sexual relations with a widow in the
context of funeral and burial rites shall be guilt of Rape, and subject to the
maximum penalty.
c) Anyone who forcibly deprives the widow of custody of
her children shall be guilty of a serious offence
d) Anyone who physically, mentally or sexually abuses a
widow is guilty of the most serious category of crime
e) Anyone who verbally abuses a widow by calling her
insulting names shall be guilty of an offence.
ARTICLE 4
Any restrictions on a widow’s mobility, even where based on “custom”
which continues after the 14th day after the death of the spouse are
unlawful and anyone responsible for restraining the widow is guilty of a
criminal offence
a) Any
restrictions, due to her marital status, on a widow’s freedom to access social,
health and education services are unlawful
b) Any restrictions concerning domicile, diet, clothing,
life-style imposed on a widow against a will are unlawful
c) All restrictions on widows’ accessing health care,
including family planning services, are unlawful.
d) Any restriction on a widow’s right to citizenship, a
passport and freedom to travel is unlawful.
ARTICLE 5
All
appropriate measures shall be taken to eliminate discrimination against widows
in the field of employment, in particular:
a) The right to the same employment opportunities and
remuneration as other men and women
b) It is an offence under the Employment Acts for anyone
to dismiss a woman from her employment because she has become a widow and must
take some reasonable time off work for the funeral rites is guilty of an
offence
c) It is an offence to refuse to employ a widow because
she is wearing mourning clothes
d) Suitable child-care and elderly care support shall be
provided to widows who work outside the home.
ARTICLE 6
a) The term “violence against women” includes any act of
gender-based violence against a widow that results in or is likely to result in
physical, sexual or psychological harm or suffering to her, including threats
of such acts, coercion, or deprivation of liberty.
b) No widow-abuse may be justified by citing custom,
tradition or religion.
c) All appropriate measures shall be taken, through, for
example public education and training of opinion leaders, to change the
negative stereotyping of widows
d) No relative shall detain a widow in his or her
household as an unpaid domestic worker without registering before the court and
being subject to regular monitoring and inspection by the social services.
e) All appropriate measures shall be taken to protect
widows and their children from sexual exploitation, prostitution and
trafficking of women and girls.
f) It is no defence to this law that the widow consented
to be victim of the alleged violence.
ARTICLE 7
a) All appropriate measures shall be taken to ensure that
those dependent on widows – children, other orphans, the old, sick and frail
people – are identified that gaps in assistance are filled.
b) Where appropriate, widows should receive financial
support to balance opportunity costs in sending children to school.
c) Appropriate measures shall be taken to eliminate
discrimination against widows in areas of economic and civil life. In
particular
(i)The right to a pension and family benefits
(ii) Elimination of delaying bureaucratic barriers to
widows accessing pensions
(iii)Elimination of corruption in the dispensing of
pensions to widows
(iv)Special measures to assist illiterate widows
access their economic and legal rights
d) Widows’ children should have priority in assessment
for education scholarships.
e) Widows should be recognised as carers, particularly in
the case of infection with AIDS and be given special support to allow them to
fulfil this role fully.
ARTICLE 8
WIDOWS OF
CONFLICT AND POST CONFLICT
a) Recalling SCR Resolution 1325, and recognising the
huge increase in the numbers of widows and wives of the missing as a consequence
of armed conflict
b) Noting the absence of reliable data on the numbers and
situations of widows and wives of the missing.
c) Recognising that many widows of war have also been
victims of rape and sexual violence
d) Recognising also the extreme vulnerability of widows
and daughters of widows in the instability of societies in the aftermath of war
e) Noting the unique role widows play as custodians of
the social fabric of communities
f) Noting also widows’ unique roles as peace builders and
peace makers, through their ability to link hands with widows across ethnic,
relgious and national divides
g) Recognising that years after Peace Accords are signed
widows of war continue to struggle to survive in refugee and IDP camps and are
unable to return to their original homes
h) Recognising the particular individual security issues
for women without male protectors
i) Noting the alarming rise in
domestic violence as well as sexual violence in the community in the post conflict
situation
j) Expressing concern at the
vulnerability of widows and their children to rape, forced prostitution and
trafficking by criminals, occupying troops, so-called peace-keeper forces
k) Expressing
concern that particular issues of widows and wives of the missing must be on
the peace negotiations and accords agendas
l) Noting the many numbers of orphans,
sick, old, wounded and traumatised people dependent on widows for their
survival
m) Understanding
that widows are often the sole support of AIDS victims and may be infected
themselves
CALLS all
actors involved in negotiating and implementing peace agreements to address the
special needs of widows and wives of the missing and ensure the protection and
respect for their human rights.
CALLS on
all actors to support widows to band together in associations so that they can
collectively undertake MAPPING AND PROFILING PROJECTS to fill the gap in
statistics on their situation.
CALLS on
all actors to ensure that widows’ are represented in these negotiations so that
their particular concerns, for example:
i. rights of safe return
ii. inheritance and property rights,
land allocation and ownership
iii. protection of widow witnesses at
national and international tribunals
iv. personal status guarantees in
constitutional and legislative reform
v. protection of widow witnesses at
national and international tribunals
vi. counselling and health care for
widowed victims of sexual abuse and rape
vii. addressing needs of widows who are
refugees or internally displaced, and widow asylum seekers
viii. support widows’ associations to map
and profile themselves and disseminate the information
ARTICLE 9
Government
will support the establishment of a National Federation of WIDOWS, with
clusters and sub-groups in every town and sets of villages so that information
on the needs of widows is available and can inform policy making at the
national and local level.
a) All appropriate measures shall be taken to support
widows organising themselves into self-help and empowerment groups
b) These groups shall be acknowledged as being decisive
components of civil society, to be involved as participants in the development
of social, economic policies affecting their situation.
c) Support shall be given to the establishment of a
National Federation of Widows’ Groups with an advisory status to government.
d) Widows’ shelters and legal aid centres for widows
shall be established.
e) Statistic and Data shall be collected and a
situational analysis undertaken to ascertain the true numbers, needs and roles
of widows in society.
f) In recognition of the gap in knowledge, Governments
will explore alternative methods of collecting such information, such as
participatory poverty and demographic assessment studies involving the widows’
groups themselves.
ARTICLE
10
a) Governments
shall address the situation of widows in their work programmes to achieve the Millennium Development Goals
b) Governments
shall bear in mind the special situation of widows when identifying measures to
implement the CEDAW, the BPFA, the Declaration Eliminating Violence against
Women, the Convention against Torture, SCR Resolution 1325 and all other human
rights conventions and charters.