WUNRN
UN Reminds the World of the Invisible Plight of Millions of WIDOWS & Their
Children
In India, members of a network of single women, Ekal Nari
Shakti Sangathan, that helps secure the right of widows to live with dignity
and justice. UN Women/Gaganjit Singh (File)
23 June 2015 – United Nations Secretary-General Ban Ki-moon is urging the
world on the fifth International Widows’ Day “to assert the rights of
those whose bereavement is followed by exclusion, abuse or the loss of homes,
livelihoods and social standing.”
In his message
on the Day, Mr. Ban said the death of their partner can leave widows in
precarious living conditions, particularly in areas of conflict, natural
disaster and humanitarian crisis.
“In societies that view women as whole only when they are
married, widows are often disregarded or stigmatized,” he said. “Without the
economic and social protection of their husbands, many widows are treated as
financial burdens by their families. They may lose their rights to inheritance
and property, or even be forced out of their communities.”
We must erase the social stigmatization and economic
deprivation that confronts widows; eliminate their high risk of sexual abuse
and exploitation; and remove the barriers to resources and economic
opportunities that constrain their future.
The UN General Assembly declared
23 June International
Widows’ Day to give special attention to the millions of widows and
their children around the world who are “absent in statistics, unnoticed by
researchers, neglected by national and local authorities and mostly overlooked
by civil society organizations.”
“On International Widows' Day, we reassert the equality
of men and women,” the UN Secretary-General said, adding that “the United
Nations is working on specific measures that can help widows.”
“We must erase the social stigmatization and economic
deprivation that confronts widows; eliminate their high risk of sexual abuse
and exploitation; and remove the barriers to resources and economic
opportunities that constrain their future,” he said. “We also must advance
widows' equal rights to inheritance, property, land and other assets.”
“This will be an essential element in realizing our
vision of a life of dignity for all,” he said.
According to a UN fact sheet on the state of the world’s
widows, “vast numbers of women are widowed due to armed conflict. In some parts
of eastern Democratic Republic of the Congo, for instance, it is reported that
around 50 per cent of women are widows, while there are an estimated three
million widows in Iraq and over 70,000 in Kabul, Afghanistan.
In addition, it said that “in many countries, widowhood is stigmatized and seen as a source of shame. Widows are thought to be cursed in some cultures and are even associated with witchcraft. Such misconceptions can lead to widows being ostracized, abused and worse.”
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Widows for Peace through Democracy
http://www.widowsforpeace.org/widows-charter/
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 beijing
platform for action
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.