WUNRN
WOMEN,
LIFECYCLE & HUMAN RIGHTS
FERDOUS ARA BEGUM -
Former Member UN CEDAW Committee
Presented at the
International Forum on the Rights of Older Persons
MexicoCity - 26-28 March 2012
Organized by The Government of
Introduction:
Concept of lifecycle
Today
I will present my paper on the human rights issues of women of all ages from
the lifecycle perspective including challenges and gaps in the responses and
implementation strategies with particular emphasis on the rights of older
women.
Gender relations
structure the entire lifecycle of women, from birth to old age, influence
access to resources and opportunities and shape life choices at every
stage. The marginalization of women in
the world of human rights has been a reflection of gender inequality in the
world at large and also has a formidable impact on women's lives.
Lifecycle
of women from cradle to grave, in other words, different stages of life, such
as childhood, adolescent, adulthood and reproductive life including old age may have indication of the
human rights situation around them and their ability to have access to the
basic needs and services. The CEDAW Committee places strong emphasis on the
need for the Governments to implement gender sensitive policies with a
lifecycle approach to ensure women’s full and equal participation in the spheres of life including economic
and social wellbeing and empowerment.
In many cultures discrimination against girl
child begins in infancy which can affect the course of their entire life. Sex
selective abortion can be an example of severe nature of discrimination which
may occur even before the birth of a girl child. Socio
-cultural practices of early marriage and frequent pregnancy of rural women
tend to have adverse impact on health in old age. Violence, neglect and abuse
during childhood, adolescent or adult life may create mental illness in old
age.
Demographic ageing
The world’s population is ageing at a rate faster than
it was expected in both developed and developing countries. At present,
more than half of the world’s women aged 60 years and over are living in
developing regions. The percentage of older women living in developing regions
will grow dramatically by 2050, since two-thirds of the women in the age group
45-59 currently live in developing countries as compared with only one third in
the developed countries. The number of older women living in less developed
region will rise by 600 million between the years 2010 to 2050.
The demographic transition underway in Latin America
and the
The UN
Secretary General stated at the General
Assembly in 2010 that, ‘at present almost
700 million people are over 60. In 2050,
for the first time in human history, there will be more persons over 60 than
children in the globe, who might face diverse human rights challenges depending
on their context.’
According to the statistics of UNDESA, 80% men over 60 are married
compared to only 48% of older women. There are 82 men for every 100 women at
the age of 60; there are only 55 for every 100 women at the age of 80. Older
women continue to outnumber older men. Women's longer life expectancy than men
worldwide lead to a situation where women are more likely to be widows than
men, and being widowed puts older women at higher risk of being poor and to be
alone.
This unprecedented demographic ageing due to the improvement of
living conditions, basic health care systems as well as declines in fertility
and rising longevity, makes the 21st century the century of ageing.
These changes in population structures have profound human rights implications
and increase the urgency of addressing the diverse challenges and
discriminations experienced by them through adequate gender and age sensitive
policy formulation, budget allocation and strong political will by the Governments in both developed and developing countries.
Women’s Human Rights
The human rights of
women are an inherent, inalienable, integral and indivisible part of universal
human rights. It belongs to them as a human being irrespective of their sex,
race, colour, religion or social origin or other status. The term ‘women’s human rights’ and the set of practices
related to ‘gendered nature of ageing’ are the continuously evolving mechanism
of an international standard based
on Universal Declaration of Human Rights (1948), CEDAW Convention (1979), UN Principles for Older Persons (1991), Madrid
International Plan of Action on Ageing (2002) and other human
rights instruments to improve the status of women worldwide and strengthen the
protection strategy related to age and gender.
During
the United Nations Decade for Women (1976-1985) and world women’s conferences,
which took place in
Ageing with dignity
Good health, economic security, adequate housing and
employment are important aspects of ageing with dignity. On the occasion of
International Women’s Day, 8th March, 2012, Ms. Michelle
Bachelet, the Executive Director of UN
Women stated that, “I join women around the globe in solidarity for human
rights, dignity and equality”.
Though older women often play a crucial role as a
caregiver and parent substitutes in families affected by economic migration or
the HIV and AIDS, but these important contributions often go unrecognized and
undervalued. The General Recommendation 27
of the CEDAW Convention put strong emphasis on the wisdom and experience which
come with age and which are vital assets for the society and should be
acknowledged as such. Older persons are breaking new grounds every day and
showing that age need be no barrier to success in their chosen fields.
The GR on older women also explains that older women are not a homogeneous group. They have a great diversity of experience, knowledge, ability and skills.
The needs and rights
of women are different at different stages of life depending on the socio-
economic and cultural environment, levels of poverty, illiteracy prevailing in
the society. Policy makers need to acknowledge these realities.
Perceptions of ‘active ageing’
Perceptions of
‘active ageing’ is gaining popularity among older population and policy makers
as well through raising retirement age
and job opportunities, policy support
to improve the
income security and participation
in the decision making process including political and economic empowerment,
regular health check , respect and
recognition for the lifelong contribution
of older population. General
Recommendation 27 on older women recommends that States Parties should
assist active and
healthy ageing through a set of targeted services such as screening, treatment
and follow-up for diabetes, hypertension and associated complications including
long-term care and services.
The CEDAW Committee recommends that older women must
not be viewed as victims but recognized for the positive economic and social
contributions they have made throughout their lives both to their families and
to society at large. They must also be valued independently for their economic
contributions.
UN
High Commissioner for human Rights stated
at the Expert Group Meeting on the rights of Older Persons in 2010 that
‘Let us not forgot that many older persons remain positive and active members
of their communities. UN Principles for
older persons stress that opportunities should be provided for willing and capable
older persons to participate in and contribute to the ongoing activities of
society.’
International Human Rights Instruments with
State obligation:
CEDAW Convention
The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) is a living instrument to protect the human rights of
women as it is mandated to eliminate all forms of discrimination against women
throughout their lifespan. At present 187
countries are parties to the Convention who are under the obligation to respect,
protect, promote and fulfill these rights.
The
Committee focuses on discrimination and gender inequality as women tend to
suffer disproportionately from various forms of discrimination and lack of
access to basic needs and services. The Committee has been increasingly
addressing in its concluding observations, during constructive dialogue and in
its list of issues and questions, as well as through follow up mechanism, the
discrimination faced by older women in various countries in a wide range of areas. Optional Protocol of the Convention is also
an important mechanism to protect women from discrimination and abuse.
In
January 2010 at the 45th CEDAW Session in
General Recommendation No 27
on the rights of older women
The
CEDAW Committee has adopted the General Recommendation Number 27 on the
protection of human rights of older women in 2010, which is considered as a
remarkable protection strategy with state obligation and addresses all aspects
that affect the life of older women, also incorporates the specificities of all
groups of older women and their specific vulnerabilities.
It
addresses all the key issues like, universal access to all social services,
increasing number and amount of social pension, enacting laws and policies that
prevent age and gender based discrimination in all walks of life including
discrimination in the work place, access to health needs and education. It also
addresses feminization of poverty and ensuring their rights to have dignified
productive and healthy life.
Challenges
Despite International Human Rights treaties and state
obligations and commitments to protect the human rights of older women, very
few countries have legislation prohibiting discrimination based on age and
gender in all areas including employment, elder abuse or health care. National
policies on gender equality and non discrimination rarely include the issues of
older women. In many countries ageism and age discrimination continue to be
tolerated and accepted at the individual level, institutional and policy level.
Poverty and marginalization of older women
As per the report
of the Secretary General to the UN, 2010, ‘the single most pressing
challenge to the welfare of older persons is poverty, characterized by
homelessness, malnutrition, unattended chronic diseases, lack of access to safe
drinking water and sanitation, unaffordable medicines and treatments and income
insecurity.’
Poor infrastructure, lack of access to education and
basic healthcare, economic hardship and poverty
along with the adverse effects
of HIV and AIDS are among a few of the reasons why older women face severe human rights
violations in rural areas.
In developing countries, the great majority of women work all
their lives in the informal sector or in unpaid activities at home and
consequently in old age their physical, financial, emotional and health rights
are mostly at risk. In many countries, women have limited access to inherited
property or land and other assets due to discriminatory property and
inheritance legislation.
In developed countries too, women are more
likely than men to be poor at old age. Women are less likely to receive a large
contributory pension since they are more likely to have stopped work at some
point of their lifetime to take on the burden of child rearing and are also
more likely to have received lesser wages for their work than men which is
responsible for their limited access to
formal healthcare and hospital benefits in old age.
UN Independent Expert on extreme poverty also raised her concern (2010) and said that non contributory pensions are the most efficient way of ensuring protection for older women and compensating them for their years of unpaid and inadequately paid works. In absence of any non contributory social pension and adequate safety net from the governments, women in rural settings and urban slums tend to face acute poverty in old age. Chronic poverty in old age impacts on a number of human rights issues including quality health care.
Discrimination
Ageism
is too often tolerated in societies across the world. The General Recommendation number 27
acknowledged that the discrimination older women experience is often
multidimensional, with age discrimination, compounding with other forms of
discrimination. Such as
discrimination based on sex, gender,
ethnic origin, disability, levels of poverty and education and other
grounds, which negatively affect the enjoyment of the full range of human
rights of older women.
Older women who are members of minority,
ethnic or indigenous groups, or who are internally displaced or stateless and
refugee women often experience disproportionately a higher degree of discrimination.
Besides, widowhood and divorce also exacerbate discrimination for older women.
Older women in armed conflict, affected by climate change or natural disaster,
older women in prison, older sex workers, and older widows often face severe
neglect and denial of their rights to the basic services.
Both men and women face discrimination at old
age. But experiences of ageing vary greatly between men and women as because of
lifelong discrimination faced by women. Gender and age discrimination accompanied
by physical and emotional vulnerabilities, unsatisfactory arrangements for
independent living and insufficient appreciation and estimation as members of
their family or community, make the life of an older woman more difficult, as
their rights are often violated.
Stereotyping
The persistence of strong gender stereotyping
affects women especially in old age, which is significant across all regions. Violations of
the rights of older women take many different forms, which are often based on
negative stereotyping and deep rooted cultural and social bias. Older women are
often considered no longer economically or reproductively useful, and often
seen as a burden to their families.
The impact of gender inequalities, patriarchal attitudes and deep-rooted practices regarding the roles and responsibilities of women and men in family and the society, help legitimize discrimination against women, and underlie women’s disadvantaged position in areas such as education, employment, access to health services and public and political life. These are also the root causes of violence and abuse against women, especially witchcraft accusation, land grabbing and death threat against older women, a problem that is significantly widespread in many African regions.
Violence
and abuse
Apart
from age and gender based discrimination against older women, elder abuse and
sexual assault has a serious consequence on women’s physical and mental health
and wellbeing in later life. Researchers have identified domestic violence as
the most common form of abuse against older women, and many of them who
suffered at the hands of their partners or husbands when they were young
continue to be abused in their old age. Another study carried out by a Canadian Network for the prevention of elder
abuse reveals that older women are more
likely to be the victims of abuse than older men. Older women often represent
two thirds of victims in the abuse or neglect cases in the hospitals and
clinics.
The
cost of the human sufferings due to elder abuse and sexual violence is immense,
as it greatly affects women’s body and mind. Elder abuse, like all other forms
of family or interpersonal violence, has become recognized as a universal
phenomenon that cuts across cultural and socioeconomic lines. A major public
awareness and research as well as public professional understanding about the
issues are important to address. Financial exploitation, too, is not infrequent
and goes under-reported, and under-documented.
The
CEDAW Committee expressed its concern about the lack of information regarding
the sexual, mental and physical abuse, neglect and violence against older
women, as well as their insecurity in respect of their financial, medical and
housing needs, discrimination at the work place including their exclusion from
national ID networks, which cumulatively expose them to multiple forms of
discrimination and discomfort.
Lack of data and policy initiatives
There
are not enough resources and facilities to cope with the growing demand,
particularly for specialized services such as residential centers or old homes,
and long term home or institutional care programmes or geriatric services,
necessary to guarantee the human rights of older persons.
The Committee placed strong emphasis on the need for
Governments to collect and analyze statistical data disaggregated by sex and
age as a way to assess more effectively their living conditions, the incidence
of poverty among them and violence against them. More importantly statistical
data would provide clear information about the level of enjoyment of their rights represented in the civil,
political, economic, social and cultural rights.
Recommendations:
General
Recommendation number 27 on the Rights of Older Women and Economic, Social,
Political and Cultural Rights of Older Women
All rights as enshrined in the CEDAW Convention,
Beijing PFA, Committee on the Economic, Social and Cultural Rights 1995,
General Comment No. 6 on the economic, social and cultural rights of older
persons and General Comment No. 19 on the rights to social security and
Convention on the Rights of Person with Disabilities are central to the General
Recommendation on the rights of older women.
Non Discrimination and Recognition before the Law
The States parties have the obligation under article 2 of the CEDAW Convention to abolish or modify existing laws, regulations and customs which discriminate against older women. Prohibition of discrimination is one of the pillars of International Human Rights law. States parties should adopt gender-sensitive and age-specific policies and measures to ensure that older women participate fully and effectively in the political, social, economic, cultural, civil and all other fields in their societies.
‘Declaration of
Life Cycle
Approach
The CEDAW General Recommendation Number 27
acknowledged that the full development and advancement of women cannot be
achieved without taking a life cycle approach, recognizing and addressing the
different stages of women’s lives — childhood, adolescence, adulthood and old
age — and their impact on enjoyment of human rights by older women, it should
include situation of older women both in peace and conflict as well as in other
manmade and natural disasters. States Parties have an obligation to ensure
these rights, also to ensure that older women must be regarded as an important
resource in the society as well.
Protection
from violence and abuse
States Parties have an obligation to enact laws on
domestic violence, sexual violence and violence in institutional settings (as
the older women in need of long term health care tend to suffer abuse in the
institutional settings) against older women including women with disabilities
and prosecute and punish all acts of violence against them as per general recommendation
19 of the Convention. When considering sexual violence, State Parties should
give due consideration to older women in armed conflict, stateless women,
refugee women and asylum seekers and provide assistance and support as per UN
Security Council Resolution 1325 and 1820.
At the 47th CEDAW Session HELPAGE
International submitted parallel reports on the discrimination against older
women in
Collection of Data
States Parties should collect, analyze and disseminate
data disaggregated by age and sex, including data on violence and other forms
of abuse against older women as well as the issues of poverty, illiteracy,
unpaid work, including care-giving to migrant families or those living with or
affected by HIV/AIDS and access to health care, housing, social and economic
benefits and employment. Governments should utilize this information in the
programmes and policies for the benefit of older women.
Stereotyping
The States parties have an obligation to eliminate
negative stereotyping of older women from the society at large and modify
social and cultural patterns to reduce the physical, psychological, verbal and
financial abuse and prejudices against older women that can result from harmful
practices. For example in 2008 the CEDAW Committee raised concerns over the
witchcraft allegations against older women in
Right to
have health care
Older women are rarely included in sexual health care
programmes and budget allocation for the long term health care is a challenge
for the Governments as well. There is no research on the long term effect of
the impact of early marriage, multiple births and exposure to harmful
traditional practices such as female genital mutilation on the physical and
mental health of older women.
States Parties should adopt a comprehensive health
policy for the protection of health needs of older women as stated in General
Recommendation 24 of the CEDAW Convention. This should ensure affordable and
accessible health care and include interventions promoting behavioral and
lifestyle changes to delay onset of health problems. In
Again women from different age groups beyond 70 years
have different kinds of health needs and preferences which vary depending on
their health condition and economic and social situation. Long-term care is often inadequate, affected by low
quality services. The situation is worsened by lack of legal frameworks to
monitor human rights violations in long-term care facilities.
Policy actions and resource allocation are important
in the area of long term health and social care, training of health care
workers in geriatric illness and palliative care. For example
Right to have housing
Regarding the right to have adequate housing, priority
in the allocation of housing and land should be ensured to disadvantaged groups
such as the older people, children and persons with disabilities. States
parties should also protect older women against forced evictions and
homelessness.
Right to
work and social security
States
parties have an obligation to facilitate the participation of older women in
paid work without facing any discrimination based on their age and sex. States
parties should ensure that they are not forced into early retirement or similar
solutions and do not discriminate against pension benefits. States parties
should also monitor the impact of gender pay gaps on older women.
Poverty and
marginalization of older women
Poverty of older women in rural areas has been a major
issue of concern for the Committee on the Elimination of Discrimination Against
Women.
States Parties should provide support system and
collateral free microcredit to older women and should provide affordable
transportation to enable older women to participate in economic and social
life, including community activities. States Parties should also provide
affordable water, electricity and other utilities to older women so that they
may have a better life.
The CEDAW committee in its concluding observations in
2006 incorporated recommendations on
the shadow report of
Right to
Education and participation in the decision making process.
States
parties have an obligation to ensure equality of opportunity in the field of
education for women of all ages and to ensure that older women have access to
adult education and lifelong learning opportunities
States
parties have an obligation to ensure that older women have the opportunity to
participate in public and political life and hold public office at all levels
in the decision making positions and that older women have the necessary ID
documentation to register to vote and run as candidates for election.
Marriage and
family life
Older
persons continue to face multiple threats of financial exploitation including
fraud, arbitrary deprivation of their property.
As per the CEDAW Convention and General Recommendation Number 27, States parties have the obligation to repeal all legislation that discriminate against older women in marriage and its dissolution including older widows in respect of ownership of property, inheritance and protect them from property grabbing and forced marriage.
Human Rights of Older persons in Latin
American and Caribbean Regions
This
is remarkable that there are several Latin American and Caribbean
countries, such as, Brazil, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Paraguay, Peru,
Uruguay and Venezuela have adopted specific legislation for the protection of
the rights of older persons and recognize that older persons need protection by
the State and family. Age discrimination is incorporated in the constitution.
Most of the countries in the region identified that older persons are
vulnerable group and need special attention in the health care sector including
long-term health care.
In
the Inter- American human rights instruments, especially the Convention of
‘Belem Do Para’ is an important tool to eradicate any kind of violence against
older women which may occur within the family or institutional
facilities.
However,
half of the older population in
In
Brazil the National Law for the Protection of the Rights of Older Persons , 2003, has improved the
respect of the older persons as it is now mandatory to report violation of their
rights . Yet, there is a lack of
awareness of the existing programmes for the protection of the rights of older
persons, especially in rural areas.
Significant Gaps in the process of
implementation of the various International Frameworks for the protection of
Human Rights of older persons
Over the past two decades, ageing has surfaced as a
policy issue in various International instruments mostly of non binding nature.
The UN concerns on ageing was first recognized in the First World Assembly on
Ageing in Vienna in 1982 where an International plan of Action on Ageing was
adopted outlining the rights of older persons.
In 1992 UN adopted the Madrid Plan of Action on
Ageing. But this plan does not have a binding commitment on Governments for implementation
as well as to provide additional resources. It also lacks mechanism for
monitoring and implementation.
The Second World assembly on Ageing, which took place
in
It has
developed a new social protection mechanism, such as old age allowances, free
medical services with limited coverage, but many of the signatory States
parties have not developed any policy approach integrating ageing into the
development agenda and allocation of budget for empowerment of older persons.
It also lacks strong monitoring mechanism with binding obligation.
CEDAW Convention and its General Recommendation number
27 with state obligation are effective International instruments to establish
internal accountability process for prioritizing the rights of older women in
the national strategies and policies .The general recommendation 27 includes
all aspects and issues that affect older women’s life. It also covers all
groups of older women from age 60 and above.
But effective implementation of the General
Recommendation mostly depends on the political will and commitments towards
elimination of discrimination against older women through incorporating
international standards into domestic legislation and practices. NGO reports
and State reports should adequately reflect the issues of older women. Constructive dialogue and concluding
observations should also include country specific concerns for older women.
Lack of adequate data on ageing issues is an important
gap that needs to be addressed by the Governments to develop effective policy
mechanism.
CONCLUSION
Strong
Monitoring Mechanism
· A strong monitoring mechanism
on the implementation of the International Human Rights Treaties in the States
Parties could enhance and strengthen the overall protection strategies of older
persons. From this point of view appointment of a Special Rapporteur on the
rights of older persons may enhance the capability for more effective
implementation of all International and Regional Frameworks, including CEDAW
General Recommendation No 27 and Madrid International Plan of Action on
Ageing. Special Rapporteur will prepare a comprehensive guideline for the
implementation of the International Instruments as well as will initiate steps
for the improvement of the internal accountability process for prioritizing the
rights of older persons. At this point this mechanism seems to be more
politically feasible. Also this process
will make sufficient ground to have a Convention on Older Persons, which is our
ultimate goal.
Finally, this is needless to say that the General
Recommendation number 27 under CEDAW convention created a blanket protection
strategy for older women if implemented properly through strong determination
and political will.
References:
1. Human rights of older persons: Summary report of
the Secretary General to UN General Assembly: 2011
2. UN WOMEN EXECUTIVE DIRECTOR, MESSAGE FOR
INTERNATIONAL WOMEN'S DAY 8th March, 2012
3. EFFECTIVE PROTECTION OF THE HUMAN RIGHTS OF OLDER WOMEN THROUGH THE CEDAW CONVENTION AND THE GENERAL RECOMMENDATION NUMBER 27
BY: FERDOUS ARA BEGUM
4. ELDER ABUSE AND SEXUAL VIOLENCE: IT’S
NATURE AND EXTENT AND HOW TO PROTECT THE POTENTIAL VICTIMS BY: FERDOUS ARA BEGUM
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Introduction, By
Charlotte Bunch and Samantha Frost (Published in Global Women's Issues and Knowledge, 2000.)
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By Ferdous Ara Begum, 2010
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Convention 1979
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Convention 2010
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11. From
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of UN Secretary General Ban Ki-Moon on
the occasion of Older Person’s Day in October 2010
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2010
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