CEDAW

Chapter No. 1

Introduction

1.1 Main thesis statement

In this thesis work, I will focus on the introduction to CEDAW and how does it operates in different countries of the world especially in Pakistan. I will also highlight the steps on which CEDAW works in Pakistan and how it has made possible to provide women with rights that they were not given. Furthermore, there will a deep comparison between how CEDAW is operated in Pakistan and other countries like Bangladesh. My research will also highlight how CEDAW has raised the status of women in the society. The steps taken by Pakistan to improve the status of women in society after ratifying CEDAW will also be a major focus of the thesis. Later on, in the end the reforms that are taken to strengthen the steps taken and ways to improve the functioning of CEDAW in Pakistan will be explored.

1.2 Introduction

CEDAW basically, stands for “The Committee on the Elimination of Discrimination against Women is the body that monitors implementation of CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AFGAINST WOMEN.The committee has almost 23 members that are expert in the rights of women and these are selected from different state countries.

CEDAW is a show or arrangement, which implies that it is essential for global law and is legitimately authoritative for nations that have confirmed the show. Albeit other global basic liberties instruments, for example, the Global Covenant on Civil and Political Rights, deny segregation based on sex, CEDAW is significant in light of the fact that it completely addresses ladies' common freedoms also, is centered around finishing all types of oppression ladies and young ladies, and ensuring their privileges in all everyday issues. CEDAW expects nations to take out victimization ladies in people in general just as the private circle, remembering for the family, and perceives that conventional sexual orientation jobs and generalizations must be dispensed with so as to end all types of oppression ladies and young ladies. CEDAW looks to accomplish 'considerable equity’’ or on the other hand 'balance of results', which focuses on that there ought to be equivalent access, equivalent chances, and equivalent outcomes for ladies and young ladies. It involves that nations are committed to take everything fundamental activities that might be needed to ensure women what's more, young women really experience uniformity in their lives.

CEDAW gives an expansive meaning of oppression women, delineating the point made that global law frequently gives more extensive securities than homegrown law. CEDAW grows the idea of uniformity for women past that right now grasped by most public laws. The settlement accommodates women’s privileges in different fields, for example, government and political life, training, business medical services, and different zones of social and financial life. It likewise accommodates unique insurances for women, for example, "transitory extraordinary measures" to propel women and to ensure maternity. At present, there are 186 part states and 98 signatories of CEDAW. Like all master arrangements, the CEDAW is checked by a specialist advisory group in particular Committee on the Elimination of All Forms of Discrimination against Women.

1.3 Background

Past broad common freedoms instruments, there are a couple of significant specific settlements identifying with equity and non-separation. The two instruments that strike a chord premier in such manner are the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 1966) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979), otherwise called the Women's Convention.

Uniformity of rights for women is a fundamental guideline of the United Nations. The Preamble to the Charter of the United Nations sets as one of the Organization's focal objectives the reaffirmation of "confidence in crucial basic liberties, in the poise and worth of the human individual, in the equivalent privileges of people". Article 1 announces that one of the motivations behind the United Nations is to accomplish global participation in advancing and empowering regard for basic liberties and for key opportunities for all without qualification as to, bury alia, sex. By the provisions of the Charter, the principal global instrument to allude explicitly to common liberties and to the equivalent privileges of people, all individuals from the United Nations are will undoubtedly endeavor towards the full acknowledgment of every basic liberty and essential opportunities. The status of common liberties, including the objective of uniformity among women and men, is in this manner raised: a matter of morals turns into an authoritative commitment everything being equal and of the UN.

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The International Bill of Human Rights strengthens and widens this complement on the basic freedoms of ladies. The Universal Declaration of Human Rights communicates the capability of everyone to adjust under the vigilant gaze of the law and to the fulfillment in like manner freedoms and head openings without separation of any kind and keeps on joining sex among the grounds of such impermissible capability.

1.4 Reason

CEDAW gives an all out importance of sex-based isolation – portrayed as any separation, preclusion, or impediment dependent on sex, which purposely or unintentionally refutes or cripples the affirmation, satisfaction and exercise of ladies' social, social, political and monetary rights. CEDAW takes a strong and three-dimensional point of view on balance – it relies upon the standard of "significant consistency", or "parity of results" among individuals. This goes past decency of possibility, and the wording used guardians in law, to looking at the certified condition of ladies' lives as the veritable extent of whether equalization has been cultivated. CEDAW legitimately ties all States Parties to fulfill, secure and respect ladies' fundamental freedoms – this suggests States are skilled for their own exercises, yet furthermore for murdering partition that is being executed by private individuals and affiliations. Sexual direction uneven characters must be tended to at all levels and in all circles, including the family, organization, market and state. CEDAW sees that isolation is consistently most significantly settled around and around of life, for instance, culture, family and social relations – it watches out for the negative impact of sex summing up, working on the fundamental explanation that aside from if change occurs at those levels attempts to achieve sex correspondence will be disillusion

1.5 Fundamental Objectives

The Convention gives the reason to recognizing balance among ladies and men through ensuring ladies' proportionate induction to, and equal open entryways in, political and open life - including the alternative to project a polling form and to speak to political race - similarly as preparing, prosperity and work. States parties agree to take each and every appropriate measure, including establishment and momentary uncommon measures, with the objective that ladies can value all their fundamental freedoms and essential chances.

The Convention is the primary essential opportunities bargain, which confirms the regenerative benefits of ladies and targets culture and custom as incredible forces framing sexual direction occupations and family relations. It declares ladies' benefits to get change or hold their nationality and the personality of their adolescents. States parties moreover agree to take appropriate measures against a wide range of traffic in ladies and maltreatment of ladies.

CEDAW approaches States Parties to take all reasonable measures to discard exploitation women in every single ordinary issue. This recollects consistency for genuine status, political intrigue, business, guidance, clinical consideration, and the family structure. ''Article 2 of the Convention discovers that States Parties should grasp to "exemplify the rule of equalization of individuals in their public constitutions or other appropriate authorization ... to ensure, through law and other fitting techniques, the businesslike affirmation of this standard.'' "The Convention describes exploitation of ladies as any separation, denial or constraint made dependent on sex, which has the effect or purpose behind crippling or nullifying the affirmation, fulfillment or exercise by ladies."

It unequivocally calls for proportional remuneration with men, more thought with respect to the consistency of countrywomen, the chance to pick a marriage associate, and the camouflage of managing women and youngsters.

1.5 Significance

Routinely implied as the 'ladies' bills of rights, CEDAW is basic in the worldwide common liberties framework since it is exclusively given to sex consistency. CEDAW discloses ladies' essential freedom to correspondence and non-isolation, and aides out the extent of exercises that must be taken to achieve this correspondence. It is one of the middle worldwide basic freedoms settlements of the United Nations and it requires States gatherings to grasp real responsibilities to respect, guarantee besides, and fulfill ladies' essential freedoms. The UK authorized CEDAW in 1986, and an UN chamber called the CEDAW Committee watches its utilization. The CEDAW Committee is contained an assortment of 23 self-governing masters, who are responsible for examining the UK on its empowering towards making sure about and making sense of it individuals' fundamental opportunities.

1.7 Sanction of CEDAW

After the incomplete accomplishment of this show in giving ladies their privileges with no separation, so far this settlement has been sanctioned by generally 189 nations around the world. The United States is the main nation to have marked however not approved the Convention. Different governments that have not endorsed the arrangement incorporate Iran, Palau, Somalia, Sudan, and Tonga.

1.8 CEDAW in Pakistan

Pakistan endorsed CEDAW in 1996, with a declaration making the consistence subject to its Constitution and a booking under article 29 Para 1. Pakistan has not grasped any authentic framework for organizing to its local laws. Plus, there is a nonattendance of care among the dominant part and the normal society affiliations have not been incorporated for use of CEDAW in local intercession. It has been displayed that there is broad contrast among individuals in Pakistan. The reasons in essentially all zones are various. These consolidate negative social tendencies, standard and social practices, biased authorization, lacking courses of action, plans and activities including spending parcels.

It is pertinent to this discussion to give a brief establishment on the possibility of the ladies' benefits advancement, which runs comparing to that of fundamental opportunities, in Pakistan. The extreme environment of the 1980s against ladies was tradable to a massive encroachment of regular freedoms. The normal opportunities improvement, as it stands today, wraps those of women and has had a basic impact in making a greater electorate for its agreement which, in this way, has expanded overall affirmation

1.9 Correlation with different Countries

During its gatherings, CEDAW considers each State report and addresses its inclinations and recommendations to the Member States through limiting recognitions. Basic culture, including NGO’s, is allowed to partake in the gatherings, and to figure requests. Normal Society's revelations are imperative, and are significant for the end report of the CEDAW Session. At the completion of consistently, CEDAW settles its recommendations to improve the execution of the articles of the Convention by the inspected Member State.

Without the convergence of CEDAW on oppression women, there is a solid probability that women's voices would be underestimated even in the common freedoms setting. The fixation on the need to dispense with the oppression women and to enable them is fundamental both as a point of convergence and as a method of invigorating and in reality demanding mainstreaming of women's issues in all other common liberties structures. CEDAW has created the understanding that "ladies' privileges are common liberties" yet it ought to likewise be viewed as ensuring a crucial idea of basic freedoms as people's privileges, on a mutual and shared premise.

The Human Rights Council Working Group on Discrimination against Women in Law and Practice has the assignment of adding to the acknowledgment of the capability of CEDAW. It has available to it’s the apparatuses of ladies' common freedoms talk, which gives a calculated premise generally compassionate to ladies' viewpoints. This talk commands ladies' equivalent qualification both to encounter and to shape the human social real factors in which we live, and to partake with men in designing an extraordinary commonality and structure in which both can prosper. Alternative talks which have developing impact inequitable social orders are the conservative strict and the neo-liberal talk, neither of which has a plan for women's extraordinary fairness and the two of which undoubtedly challenge the rights commanded in CEDAW.

All the states, which approved CEDAW, are committed to wipe out oppression ladies and every one of its structures. They should guarantee equivalent turn of events and progression for ladies and empower them to make the most of their basic liberties and central opportunities similarly that men do. States are obliged to submit reports in ordinary stretches to the CEDAW Committee, which audits the reports and gives suggestions to states on the most proficient method to improve CEDAW's execution. The Committee when giving its Concluding Observations habitually contemplates assessments of common society entertainers, for example, NGOs. 

In this part, I have talked about the presentation of CEDAW alongside its history and foundation. Besides, the goals and the significant purposes of how it works in Pakistan and different nations have been quickly referenced too. In the forthcoming sections of the examination work, I will zero in on in detail the working of CEDAW in Pakistan and the means and measures taken by Pakistan to improve the status of ladies in the general public. The changes that have been made in such manner would likewise be my place of center moving next in the theory.

Chapter 2

Literature Review

CEDAW and the Status of Women in Society

2.1 Preamble

In the year 1979, CEDAW abbreviated as “The Convention on the Elimination of All Forms of Discrimination against Women” was approved by the UN General Assembly to raise the status of females and to achieve gender equality in general society. It is a transnational act that describes the basic rights and privileges of women. Globally, 178 countries have given consent to CEDAW. CEDAW has massively contributed to women empowerment in various countries such as providing citizenship rights to women in Botswana and Japan, inheritance rights in Tanzania, and law on gender equality in Mongolia. Pakistan ratified CEDAW in 1996. Although, much work has been done by the Pakistani Government to end sex or gender-based discrimination, but the status of women in the Islamic Republic of Pakistan has not much improved since its creation.

2.2 Articles

CEDAW comprises a preamble and a collection of 30 articles and also describes what comprises discrimination and bigotry against women. It has provided the national action plan to end disparity against female gender in various countries worldwide. This accord has described discrimination against women as any form of segregation, division, or prohibition which is based on the gender to eradicate any acknowledgment, or exercise by women, regardless of their matrimonial standing. The states which accept this convention have to strive to end all types of differentiation on basis of gender in society. This convention commits the nation-states to end bigotry and prejudice against women by individuals, establishments, and various initiatives but there is a lack of responsiveness among the masses about the role of CEDAW in the eradication of discrimination against women and various interest groups have not been able to implement CEDAW provisions in local laws.

Various women’s rights organizations pressurized the Government of Pakistan to provide consent to CEDAW because they understood that this ratification will better the condition of females and girls in Pakistan. The main objective of CEDAW is to provide assistance to member states to accomplish the goal of gender equality. It supports them in eradicating all sorts of disparity against females in public and private domains. Actually, it plays the role, of a third party for the establishment of fundamental rights and ensuring a respectable place in society for women. Evidence from various global sources disclosed that in spite of the widespread importance placed on gender non-discrimination, there are still extensive differences in rights and privileges exercised by men and women. Women constituted between 66 to 75 % of all essential labor workforce in 1975. Still, women were only paid 10% of the total remuneration. Moreover, women-owned less than 2% of all private assets globally. CEDAW is a symbol of the hard work and persistence of women in the entire world.

The preamble of the convention emphasizes the need for actions instead of words and documents to eliminate widespread gender disparities between men and women. The aim of CEDAW to confront organizational discrimination is echoed in Article 1. It is basically divided into two parts. The first part emphasizes the need to define disparity against females so as to address this issue in society. Discrimination denotes division, bigotry, prohibition, and partiality. It means the differential administration of genders based on sex. The next portion highlights the significance of equality in rights, responsibilities, and opportunities between men and women. The executives in the United Nations agree that despite the continuous efforts by various human rights organizations of the world, discrimination on the basis of gender, and violence treatment of females is still prevalent in the world. Gender Equality means to provide equal opportunities to succeed in life and the freedom to exercise fundamental and basic rights as any human being irrespective of the gender.

2.3 CEDAW and the Situation in Pakistan:

If we consider the present situation in Pakistan in light of Article 1 of CEDAW, the discrimination based on gender is rampant and prevalent in almost every sector of Pakistan including political, economic, domestic, and public sectors. The Commission of inquiry for Women proposed a report in 1997 displayed that there are substantial inequities in Pakistan for males and females. The causes of this disparity are varied. They include conventional cultural and social norms, religious biases, substandard legislation and policies, and inadequate share for gender equality in the national budget of Pakistan. The Women's rights movement in Pakistan has progressed side by side with the human rights movement of Pakistan. In the era of Dictator Zia-ul-Haqq, the oppression and violence against women were symbolic of the huge desecration of fundamental and basic human rights. The human rights movement, which includes women’s rights, in Pakistan has achieved massive success in its mission to achieve basic human privileges for the citizens of Pakistan. It has also been able to achieve international recognition.

According to the “Human rights Commission of Pakistan” (HRCP), the obstructions in the way of achieving equal opportunities for women are cultural prejudices, ignorance, superstition, and a lack of involvement and responsiveness of people. The social and cultural practices in Pakistan have massively contributed to the oppression of women in Pakistan. The saviors of social norms are the persecutors of women in society. Only women suffer because of the detrimental and traditional norms of Pakistani society. Islam and the status of females in community are controversial topics in Pakistan. In the religion of Islam, the privileges enjoyed by a person and his/her responsibilities to the community are linked to the state or federation. This is in contrast to the secular human rights conventions which do not define personal privileges in relation to the obligations a person owes to the federation. The condition of women in Pakistan is further degraded by social norms entirely contradictory to the teachings of Islam which have been used to promote the welfare of various interest groups. The proponents of these groups are driven by a colonial outlook. The Book of Islam, the Holy Quran, provides sixteen human rights to women in gender-neutral language. The groups with the vested interests distort the real meaning and factual interpretation of the Holy Quran to serve their vested interests. These privileges and rights were awarded a few hundred centuries before the Universal Declaration of Human Rights (UNDGR) and these rights were granted to both males and females. Since the creation of Pakistan, women in Pakistan have endured unavoidable suffering and have been denied the most basic human rights. In Pakistan, women are still discouraged to get out of homes and find jobs. The right to education is denied to women. Almost two/thirds of women in Pakistan cannot read and write. Women are prohibited to enter the public sphere and are restricted to the lifeless walls of the home. This leads to a lack of opportunities and denial to various prospects in the political, financial, communal, and educational spheres. Men, on the other hand, have exercised a municipal role and restrict women to household chores. Women are considered second-class citizens in Pakistan. Even inside of homes, women are subordinate to men. They are asked to serve their husbands. Women have to ask permission from men regarding their involvement in any type of private or public happening. All of this has been disastrous to the quality of life of women. They are sufferers of cultural and social norms. “Pakistan has a population of 22 million people. Forty eight percent of these are women while fifty two percent are males. This gives the ratio of sex of almost 92.5 women for every 100 men.” All the latest surveys reflect that life expectance for women are greater than the males. But that is not true in Pakistan. Talking of the mortality rates of infant, it is observed that the infant mortality rate of girls ranging from of 1 to 4 years span is sixty-six percent more for girls as compared to boys. Women suffer much greater poverty as compared to men as they are a part of a lower social class, are paid peanuts, and do not own much personal property. The HRCP has reported that women make only about 5.9 percent of the labor in Pakistan. A huge number of females are seen to work in the fields and especially in different agriculture departments, but they are not paid any money for their work and their work is not documented. Thus, in villages, women have to take double duties while working in fields and taking care of the house without any salary or payment.

Article 2 CEDAW for protection of women rights and equality asserts that “all member states condemn discrimination against women in all forms and sectors and agree to work towards the elimination of prejudice and violence against women without any delay.” This article emphasizes the importance of equality and equal opportunities for women in the national constitution. Article 25 of the Convention of the Islamic Republic of Pakistan states that “all citizens are equal before the law, are entitled to the protection of the law” and further adds that “there shall be no discrimination on sex alone." The term ‘alone’ here signifies that although there can be no conduction of disparity based on sex or gender; some other factors are to be considered to legally discriminate against someone. These types of unclear and uncertain clauses leave room for discrimination and bigotry in society. There is no involvement of women in religious institutions of Pakistan such as the Federal Sharia Court and Council of Islamic Ideology. These organizations are all male-dominated. Women are not even considered while legislating various laws and passing bills in the parliament of Pakistan. Additionally, underneath these draconian laws, crimes such as rape place women in danger both as victims of the crime as well as of the lawful proceedings. Article 4 of the Convention (CEDAW) stresses on specific procedures to end the long remaining inequalities between men and women. It obliges the nation-states to end all types of discrepancies and inequalities based on maternity and biological variations.

With respect to this article of CEDAW, Pakistan is responsible for accepting and implementing all the measures which end discrimination against women in all sectors of the economy including all those areas where national agencies do not possess direct authority.

2.5 Research Gap

Although major work has been done to improve the detrimental situation of women in Pakistan, women still suffer from gross injustices in almost every sector of the economy and public and private life. Many of the countries have adopted strategies under guidance and aid of CEDAW and are showing great improvements when it comes to their women. The constitution of Pakistan states that there shall be no inequality or discrepancy based on the basis of tender or sex, but is rarely implemented and the Government of Pakistan does not take any endeavors to pass laws and formulate provisions for the safety and protection of women in public and private affairs. Although many of the laws have been introduced and many developments have been made to ensure the growth of women in Pakistan, however Pakistan still needs to improve a great deal. In South Asia, Pakistan ranks lowest in gender-related indicators. In the Gender Equality Survey of World Economic Forum, Pakistan is the second-worst country for women to live on earth even worse than war-torn Afghanistan. A revolution in attitude towards women and their role in society are absolutely essential if Pakistan ever wants to decrease gender disparity and discrimination. The ultimate goal of Gender Equality, non-discrimination, and social justice is a long road ahead for Pakistan. Therefore, I have planned to do a thorough study of discussing the articles of CEDAW in detail and to relate in detail the work and performance of Pakistani government in this field. I also aim to highlight the roots of the problems and the issue being created in the oath of the progress of women in the country. Furthermore, my research will be based on doing a detailed comparative analysis of different countries and their laws in relevance to the convention CEDAW with the performance of Pakistan in particular. Although people have made immense research studies on CEDAW and related articles, however, very little research work has been done in identifying the situation of Pakistan in relevance to the convention that stands for rights of women and focuses on providing protection to the females in particular. Therefore, I found a research gap in this filed and found the need to bring this issue on the surface so as to drive the attention of the stakeholders as well as the governmental officials of Pakistan so that better and improved steps can he taken under the guidance and assistance of CEDAW, both nationally and internationally.

CHAPTER NO 3

CEDAW in Pakistan and its comparison with other countries operating CEDAW

3.1. Background

I believe that problem of oppression on women– is universal. It cannot be related to any particular area or country on this globe. As I understand women, oppression is happening all across the globe but some places may have it more than other areas. Similarly in Pakistan as well, there is bit of women oppression but that is due to the local and inherited culture, illiteracy, financial and economic stresses, lack of law enforcement, and most importantly unawareness of the teachings of Islam. There are some pockets in the country where oppression and nonsense coercion is higher but I believe in about 90% part of the country things are very normal and we do have very diverse and liberal population. If I look around to my families and friends in Pakistan, I cannot recall any incidents, which may fall under oppression category.

Another notable aspect is that media plays a major role to set expectations and mindset of people about any country. For example, a women raped in Pakistan or in Islamic country 'might' get on to headlines of mainstream media immediately and will stay there for good number of days but a women raped in western countries may not even make to headlines and if for any reason they do, it will disappear in matter of hours or just a day.

In Pakistan the tale of a lady’s hardships starts even before her introduction to the world, where a large portion of the young lady hatchlings are prematurely ended. The fortunate ones who endure are generally "undesirable" youngsters. Their life is an excursion of subjection.

While being youthful her folks, grandparents, senior family females, family guys, and siblings choose for them on issues extending from the very speculation to choices and decisions.

The most ladies in Pakistan don't have any options beginning from decision suppers to decision guys.

Before relationships they are under severe watching eyes and are constantly thought dicey in character particularly when ones are school going, blessing different guys. In this auxiliary status treatment and questions their relationships are masterminded by the families.

After marriage, her better half and her parents in law get hold of her reins and choose matters for her benefit; like will she or will she not have a youngster consistently, or whether she would deliver just young men, or whether she can look for free work, etc.

At long last when she gets old and her significant other gets feeble or may have gone as of now, it is her child or children who choose her destiny in the declining long stretches of her life.

As though this isn't sufficient, the entire society goes about as an oppressor, frightening her into acquiescence.

Hence, "lady" in Pakistan is inseparable from "continuance." She is just compelled to acknowledge certain uncovered unavoidable truths that apply to everyone once she grows up to be a lady. Be it on roads, or so far as that is concerned in eateries, a lady is above all else needed to be ready. It is ideal to attempt and not notice, ladies are told. As indicated by Hina Jilani, Lawyer and Human Rights Activist, "the privilege to life of ladies in Pakistan is contingent on their complying with normal practices and customs."

Through isolating men's and social requests savage treatment of ladies in Honor, it is made sure about to communicate that both the Turkish and the African social solicitations are male driven social demands top tier. It is in like way to fight that the customary practices and sentiments like kid marriage; obstructing direction, honor killing, and adolescent inclination are the brief clarification behind mercilessness. They helped in building accepted practices got a handle on starting with one age then onto the accompanying which prompts a limitless ladies abuse. To unite everything, Tradition legitimizes and standardizes violence against ladies. Sexual direction occupations were significant social creates at one point. The man, being even more striking and merciless, got back the execute while the lady, being insightful and supporting, dealt with the youths. It was a normal structure and worked commendably.

However, conditions are unique. We don't rely upon our physical solidarity to increase a living any more (or most of us don't). Today, most positions are intellectually decided and obvious masculinity isn't, now an approach to finish things.

Western culture depicts unequivocal credits to fit the man driven ideal manly make. The socialization of manly feelings begins at a vigorous age and depicts ideal manliness as identified with quality, detachedness, heterosexism, free attitudes and nonappearance of excited affectability, and of connectedness. Adolescents comprehend how to be men from the men in their lives, from their own encounters examining our recognized practices, and from the huge social and social setting. Adolescents live constrained to show sex proper works on as per the ideal male code.

In truth, men have specific yet jumbled needs, for example, unequivocally fitting in the hyper-manly and critical structure. They are not normally allowed to grant their assessments. A man's ordinary love of craftsmanship prompts questions his sexuality. For what it's worth, the reshaped procedures for sexism hurt ladies. From money related imbalance to political thwarted expectation to demanding and physical maltreatment – ladies need to experience a remarkable.

3.2. CEDAW in Pakistan

Through its assent of the U.N. Show on the Elimination of All Forms OF Discrimination against Women (CEDAW) In 1966, Pakistan anticipated that the dedication should shield women from sexual and various sorts of sex based brutality executed by state administrators and private performers the equivalent. In this way, a get-together to CEDAW, Pakistan is submitted "to search after by each legitimate mean and quickly a plan of getting rid of exploitation ladies" including "any capability, disallowance or impediment made dependent on sex which has the inspiration driving debilitating or negating the affirmation, delight or exercise by women on a reason of consistency of men or women, of essential freedoms and fundamental chances.

The U.N. board on the Elimination of Discrimination Against The Women (CEDAW Committee),established under CEDAW, has noted sexual direction based violence is a sort of partition which genuinely has women's ability to acknowledge rights and openings on a reason of equalization with men."As some bit of its responsibility to thwart viciousness against women as a phase toward taking out

3.2.1. CEDAW working in Pakistan

Sexual orientation partition, the lawmaking body to show due steadiness in exploring and summoning events of fierceness against ladies. This commitment to give an incredible fix requires the organization to show due industriousness in investigating and prosecuting instances of brutality against ladies. In o such cases, the compelling combination of clinical verification is a central part of an authentic assessment, which, consequently, is basic to the powerful use of restorative approvals against guilty parties of violence against ladies. Correspondingly, the limit of the police, analysts, and judges to survey and use clinical evidence is fundamental to ensuring effective prosecutions of offenders of viciousness against ladies. From now on, agreeable with its real duties under CEDAW, the governing body of Pakistan must give a beneficial and feasible game plan of collection of clinical confirmation to support the right assessment and arraignment of occasions of fierceness against ladies. Near a comparative end, the state must ensure that the police, analysts, and judges are totally arranged and masterminded to unravel and utilize clinical confirmation to move the arraignment of violence against women without favoritism to the charged.

In 1992 the CEDAW Committee grasped a general proposition and comments on states' dedication under CEDAW that lit up the parts of any possibly practical answer for the issue of viciousness against women. The panel noticed that states are committed under CEDAW to find a way to give the accompanying:

(an) Effective lawful measures, including reformatory approvals, common cures and compensatory arrangements to ensure ladies against all sort of brutality, including entomb alia viciousness and maltreatment in the family, rape and lewd behavior in the work place; (

b) Preventive measures, including public data and training projects to change mentality concerning the jobs and status of people;

(c) Protective measures, including asylums, directing, restoration and backing administrations for ladies who are the casualties of viciousness or who are danger of brutality.

The obligations identified by the CEDAW Committee reached out past the criminal equity framework and envelop preventive and defensive measures, including "asylums, directing, and restoration and backing administrations.

''The U.N. Presentation of Basis Principles of equity for survivors of wrongdoing and Abuses of Power also gives that casualties ought to get the important material, clinical, mental and social help through government, willful, network based and indigenous methods." In agreement implies, these perceived guidelines, the state should take affirmatives measures to elevate ladies' admittance to medical care administrations, including mental consideration. The state ought to likewise settled promptly quality sanctuaries for battered ladies that work not as accepted detainment offices however as asylums where ladies can discover wellbeing and sanctuary without trading off their own self-governance and opportunity of development.

3.3. CEDAW in Bangladesh

Likely the best victory for the post-current ladies' extremist improvement in the field of International Law was the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, hereinafter, the Convention). Routinely named as the harbinger of an elective understanding of the ladies' lobbyist reason going past the Human Rights framework, the Convention broadcasted the best possible change in the Status of women, seen all around. Normally saw as the International Bill of Rights for Women, CEDAW is a comprehensive plan on the benefits of women and develops legitimately confining responsibilities on the State Parties to watch the legal rules set by it to end abuse women by achieving reasonableness among individuals. In spite of the hypothetical endeavors at building up an equivalent society, for most aspect of the World, the inclusion of the Convention is negligible. This is generally a result of the 'reservations' made by part States for the sake of individual laws frequently beginning in their strict set up. The individual laws in their very commencement are established in the thoughts of male controlled society, strength of men, and lesser parts for ladies. Numerous occurrences from the wellsprings of these individual laws would demonstrate that men are responsible for ladies and thus can coordinate their own circles. These oppressive individual laws are ensured even in the most developed sacred arrangements either through a report or a bill of rights inside the domain of Right to Religion. As a result, numerous nations so as to show their lack of bias towards the idea of Religion and to set up the delightful beliefs of secularism will in general neglect the separation these strict laws lecture. 

In the momentum Article, the analyst gives an investigation regarding what sort of reservations are allowed under the CEDAW, and how Bangladesh totally misconstrued its certified right of Reservations, as an outright right and built up a peculiarity, which doesn't simply repudiate its global duties yet additionally the central standards of the Constitution of Bangladesh.

In light of the previously mentioned realities it gets basic to comprehend the possibilities of such reservations both in law and by and by alongside the strategies for handling the current obstructions in the usage of ladies driven enactments. While Bangladesh has acknowledged the abnormality of its reservations to the CEDAW in each occasional report submitted to the CEDAW, yet any activity for the withdrawal of the equivalent is as yet an improbable thought in light of the weight on the Government applied by fundamentalist gatherings dynamic in Bangladesh. As the booking repudiates different arrangements of the Constitution of Bangladesh like Articles 26, 27, 28, 29, and so forth, they are innately invalid. Yet, notwithstanding the passionate restrictions from different NGOs and common social orders to the reservations, no such comment has yet been made by the legal executive of Bangladesh. Alongside emphasis of incomparability of constitution over Shariat law, it is fundamental for the courts to eliminate the partition among public and private spaces. While private spaces are totally immaculate by the State, it is basic that the appearances of such close to home practices which become social variables ought to be directed. Then again, perusing the booking invalid inside the domain of Sharia Law can be another conceivable errand that the Government can embrace. Mulling over the instances of other Islamic countries, which have no reservations against the CEDAW, can likewise be useful to the pulling back of reservation system. These exemplified and magnified instances of law in other Islamic countries which don't have reservations can assist Bangladesh with adapting up to the protection from the withdrawal by the fundamentalist powers. 

Concerning of Bangladesh, it tends to be reasoned that they are profoundly lost as a result of intrinsic issue in their origination. States are needed to be proactive in receiving laws and strategies to kill oppression ladies and in endeavoring to adjust or annul prejudicial "traditions and practices." As the article spreads out the central prerequisite to consent to all articles of the Convention in the State gathering's constitution, resolutions, and approaches, it is basic for Bangladesh to pull back the equivalent

3.4. Status if Women in United Arabs and Middle East

The privileges of ladies are as yet being abused in the Arab nations of Middle East and North Africa (MENA), notwithstanding their endorsement of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). This thesis tend to the difficulties confronting the accomplishment of sexual orientation equity in this area, contending not just that culture assumes a significant function in deciding this mediocre status of ladies, yet in addition that the endorsement of CEDAW didn't bring any subjective change. Because of the shortcoming of this lawful instrument in essence, and in view of the various reservations set by the Arab MENA states on it.

3.5. CEDAW and Turkey

Turkey's presentation in actualizing the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) was evaluated in July 2016 by an UN board, when a Turkish designation included Turkish agents of the family, international concerns, inside, equity, work, training, wellbeing and horticulture services, if official figures on late advancements on the status of ladies in Turkey and addressed the panel's inquiries on a wide scope of ladies' issues in the nation.

3.6. CEDAW in India

The guideline of gender balance is cherished in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution awards balance to women, yet additionally engages the State to embrace proportions of positive separation for ladies. Inside the system of a fair nation, our laws, improvement approaches, Plans and projects have focused on ladies' progression in various circles. India has likewise endorsed different worldwide shows and basic liberties instruments resolving to make sure about equivalent privileges of ladies. Key among them is the sanction of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.

3.7. CEDAW in Malaysia, Korea

The Committee on the Elimination of Discrimination against Women this evening met with common society agents from Malaysia, Chile, Republic of Korea and Fiji, whose provides details regarding the usage of the Convention on the Elimination of All Forms of Discrimination against Women have also been viewed.

Non-administrative associations from Malaysia raised worry about the solid push for the utilization of Islamic Sharia and the appropriation of Sharia-consistent laws and arrangements, relevant to Muslims and non-Muslims the same. It was ladies and kids who endured the worst part of the goals to transform the nation into an Islamic one. Malaysia had not joined the Convention in the law nor had it cherished in law the period of marriage for young men and young ladies at 18 years old. 

3.8. Status of Women

Viciousness against women and kids was the central point of contention of worry in Chile, just as the absence of explicit measures to advance a daily existence liberated from brutality. The current enemy of separation law was lacking to ensure women and young women dependent on sexual direction and sex character, said non-legislative associations. In spite of the fact that Chile had decriminalized premature birth under specific conditions, all different types of fetus removal were condemned and endorsed with detainment, while institutional reliable complaint went about as a hindrance for women to get to fetus removal. 

Non-legislative associations from the Republic of Korea noted with lament the little advancement in the headway of women’s privileges on the ground and said that the Government must look to change inconsistent sexual orientation relations. Meeting and various types of sex-based separation influenced specifically women from hindered gatherings, while accepted practices and male centric structures added to the inescapable idea of sexual orientation based savagery and prompted a culture of exemption. 

Gender imbalance and sexual orientation based viciousness penetrated most segments of the public in Fiji; there was a deliberate inability to build up ladies' social, political and monetary lives. Another issue brought up in the conversation was that enactment had been given through a declaration in the course of recent years, which chillingly affected basic liberties safeguards by condemning free articulation, gathering and affiliation. 

3.9. Conclusion

Victimization of women disregards the fundamental reason of common freedoms which is that all people are naturally qualified for equivalent rights and regard for their poise. It likewise obstructs political, social and financial interest of ladies, adversely impacts monetary development and advancement, diminishes odds of cultural thriving, prompts destitution and detachment, diminishes admittance to nourishment, wellbeing administrations, instruction, preparing, and business and adds to avoidance of ladies from the standard of their networks. CEDAW is a key global basic freedoms settlement focused on the accomplishment of sexual orientation balance around the world. It is named the "ladies' bill of rights" since it highlights women entitlement to uniformity, boycotts separation of women and blueprints the activities every nation must embrace to accomplish its points. CEDAW helps women around the globe to achieve change in their everyday life. In nations that have sanctioned the deal, CEDAW has been important in restricting the impacts of segregation, which incorporate brutality, neediness, and absence of legitimate securities, alongside the refusal of legacy, property rights, and admittance to funds. 

All the states, which approved CEDAW, are committed to wipe out oppression ladies and every one of its structures. They should guarantee equivalent turn of events and progression for ladies and empower them to make the most of their basic liberties and central opportunities similarly that men do. States are obliged to submit reports in ordinary stretches to the CEDAW Committee, which audits the reports and gives suggestions to states on the most proficient method to improve CEDAW's execution. The Committee when giving its Concluding Observations habitually contemplates assessments of common society entertainers, for example, NGOs. 

The UN’s check the usage of CEDAWCEDAW Committee contained 23 autonomous specialists including the Chairperson, three Vice-Chairpersons and a Rapporteur. The specialists are chosen by States parties and entrusted with checking on the reports put together by States parties as per article 18 of the Convention. Besides, the Optional Protocol to the Convention (since 2000.) enables the Committee to consider individual or gathering grumblings of infringement of the Convention. The Committee can likewise dispatch investigations into grave or precise infringement of the Convention.

Chapter 4

CEDAW IN PAKISTAN

The Islamic Republic of Pakistan became a part of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in February 1996 and attended its first conference in Beijing, China. The convention was largely signed after the continuous pressure implied by the several organizations of women welfare, NGOs, as well as Women Ministries a cording to whom the membership was vital in order to promote women rights and to encourage the growth of Pakistani women. CEDAW is aimed to assist the countries in securing equality for women and avoiding discrepancy or differentiation on the foundations of a person’s medical sex or societal gender by the regulation and adoption of proper systems, mechanisms, and policies. Thus, the Mexico Conference on Equality, Peace and Development conducted in 1975 asserted that “To eliminate structural barriers in a country, each state party has the sovereign right to decide which measures or actions are best suited to it for bringing about gender equality and non-discrimination in the political, economic and cultural context.”

Pakistan’s Government gets considerable aid from the United Nations (UN) in regulation and implementation of CEDAW effectively in the country. The assistance is aimed on achieving equal rights for women in the country by introducing new law as in constitution and by regulating the already existing laws if they are in any case affecting the freedom, equality, or rights of Pakistani women as esteemed citizens irrespective of their gender. This assistance consists of a number of processes; the technical aid, the monitoring of the process across the country, the reporting of such mechanisms as well as the advisory role to the institutions working on it. Technical aid also involves the facility of conducting dialogue and implying the law with the organizations of civil society abbreviated as CSOs. The UN Women committee plays an active role when it comes to regulate CEDAW in any country including Pakistan. There are a number of roles that UN Women facilitates that include

Providing technical expertise to the Human rights Minister that tends to provide report in CEDAW in Pakistan.

It launches some of the training programs that help the respective Government officials of Pakistan to learn the peer exercises within their particular region.

It provides training to the staff associated in implementing and tracking CEDAW.

UN women is known to ensure its assistance to Governmental as well as Non Governmental Organizations to give their official representatives a chance to shadow reports in front of the UN CEDAW expert committee at its headquarters placed in New York. CEDAW in Pakistan aims to protect the women rights, ensure protection and safety as an equal citizen of the state, and to prevent and protect against any type of sexual or gender biased violation.  Therefore, according to the international covenant on civil and political rights (ICCPR) as a part of CEDAW, Pakistan is bound “to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” including “any distinction, exclusion or restriction made on the basis of sex which has the purpose of impairing or nullifying the recognition, enjoyment or exercise by women on a basis of equality of men or women, of human rights and fundamental freedoms.”(ICCPR) Furthermore, the CEDAW in Pakistan is intended to protect not only the women rights alone but of every individual human being as a whole. It focuses on ensuring the right to life, right to freedom and liberty and right to equality to every individual and especially focuses on bringing protection to the marginalized gender that is women in a male dominant Patriarchal Pakistani society.

4.1 This Strategy aims on:

Institutionalizing the interrelated ministerial and departmental processes with the civil society

Providing technical aid to the Ministry of Human Rights in the developing of established mechanisms for reporting

Giving technical help to certain related ministries in revising certain legislation procedures and to ensure the execution of certain observations regarding to the integration of Government’s policies and mechanisms that support the public and the common society organizations and other female organizations to act as an important platform for advocating the regulation and execution of CEDAW laws and policies in Pakistan. This will enable the local and the federal government of Pakistan a chance to go through its problematic laws that are in any way harming the independent and equal status of women.

4.2 The Ratification of CEDAW in Pakistan

“Described as an international bill of rights for women, the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) was instituted on 3 September 1981 and has been ratified by 189 states” that also includes Islamic Republic of Pakistan. Pakistan ratified the United Nations convention on eliminating all types of discriminatory acts against women in 1966. Based on this ratification, Pakistan is obligated to provide all types of human rights to women and to protect them against any type of marginalization, brutality or violence. As a part of CEDAW, it is bounded to introduce and conduct policies in order to eliminate any kind of discrimination or restrictions that are sex oriented and are intended to suppress or oppress women. Hence, Article 1 of CEDAW gives a definition of discrimination against female gender as:

“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.” Under this article of CEDAW Pakistan has developed the measures in ensuring equal rights to women all across the country. Unlike in the past when women were subjected to oppression by the opposite gender and were confined to stay at house, now woken are seen working in all fields and all departments on an equal level with Men. Pakistan became one of the first muslin countries to have elected a female Prime Minister, Benazir Ali Bhutto in 1988. Today women in Pakistan are working in different fields including Air force fighter pilots and other armed forces. They are actively involved in politics, media and international affairs, private business owners, and many others. This has all been possible just due to the provision of equal rights and giving confidence to the women of Pakistan who were previously restricted to their houses and were only dependant on their males. This is also in accordance to the policy of CEDAW, in which articles 7-9 focus on ensuring the political rights that include the right to participate in public affairs, right to represent the country, and the right to nationality.

Thus after ratifying to the Convention, ICCPR has directed Pakistan “to not only refrain from, but also prevent private actors from committing, acts of violence against women. Police, medico legal doctors, and prosecutors should be trained in the proper procedure for handling rape, sexual assault and domestic violence cases in their respective professional capacities.”

4.3 Implementation of CEDAW in Pakistan

The Convention on the Elimination of All Forms of Discrimination against Women tends to direct the signatory countries in bringing proper effective and efficient policies in order to eliminate any type of draconian acts against females. Pakistan as a member of CEDAW also has to follow certain conduct of rules and regulations in order to protect and support her women. The preamble of CEDAW acknowledges the necessity of going beyond the paperwork to address the elements that will aid in the elimination of “de facto gender inequalities”. The establishment of new National policies, eradication of the sexism, and discrimination, strengthening the female gender, ensuring peace, equality, and security for women through proper laws and their implementation are all vital to endeavor by all individuals of the state under the membership of CEDAW.

4.3.1 CEDAW Articles and its implementation in Pakistan

In regard of the CEDAW perspective and the articles given on preserving and ensuring rights of women in all fields, it is important to go through the detail of these articles and define them in relation to contemporary society of Pakistan.

4.3.2 Article 1: While analyzing the present situation of Pakistan and applying the definition of first article of CEDAW on discrimination; it is quite clear how discrimination is prevented in this region by the implementation of National laws against violation of women rights and by securing equality in all fields including political, economical and social aspects. Pakistani women have played an important role throughout the history starting from Fatimah Jinnah who was a strong, independent woman who fought on equal grounds with Muhammad Ali Jinnah in founding Pakistan. Pakistani women have been participating in elections and are given the right to vote since 1956.  “In Pakistan, women have held high offices including that of the Prime Minister, Speaker of the National Assembly, Leader of the Opposition, as well as federal ministers, judges, and serving commissioned posts in the armed forces, Major General Shahida Malik attaining the highest military post for a woman.”   The constitution of Pakistan gives women equal rights to Men as is stated in Article 25 that "There shall be no discrimination on the basis of sex") but also recognizes as valid Sharia law.

The period of Zulfikhar Ali Bhutto from 1970-1977 is marked by the liberal behaviors towards females. Governmental services such as Civil Services Pakistan, foreign affairs and district management fields were offered to Women for the very first time in Pakistan. “About 10% of the seats in the National Assembly and 5% in the provincial assemblies were reserved for women, with no restriction on contesting general seats as well.”

4.3.3 Problems and Struggles in path: However, it is reported that Pakistani Government was not able to made effective implications in this area due to the economic backlash as a consequence of indulgence in war with India in 1975 that led to the ignorance of Implementation of these laws at that time. The reports of the Commission of Inquiry for Women of Pakistan in 1997 show that “there is a considerable disparity between men and women in Pakistan. The reasons in almost all areas are diverse. These include negative social biases, customary and cultural practices, discriminatory legislation, inadequate policies, plans and programmers including budget allocations”. Gender equality was certainly addressed in the constitution of 1973 by Pakistan that stipulated that "there shall be no discrimination on the basis of sex alone." Furthermore, Constitution of Pakistan also ensures the responsibility of state in taking care of mother and her children, protection in violent marriage and makes sure the "full participation of women in all spheres of national life.”

It is vital to discuss the brief background of the female’s struggle in Pakistan particularly in 1980s in relevance to the topic. Pakistan was mainly a male dominant patriarchal society with an oppressive escarpment for women who were not allowed to make decisions for their lives and the male members of the family dominated the whole family. Not enough women had the right to education, job, or freedom. Thus until 1980s the suppressive environment against women was marked with major human rights violations. Therefore, the human rights movement in Pakistan particularly for securing women’s rights in country took a grasp of changing path, when women started to stand for their rights and equality in which eminent women like Hina Jillani played important roles and have gained international recognition by now. After this whole pressure of the movement that played its due share in raising voices against women suppression and oppression, delegation of from Pakistan took part in the Mexican Conference on Women rights of CEDAW In 1975, which further led to the constitution of the first Pakistan Women's Rights Committee. Thus after becoming an international signatory of the Convention in favor of women rights, many issues started getting highlighted as well as addressed that were the primary cause of this tension; some of which are the social stigma, notion conservative traditional gender roles, biased cultural values, and the lack of education as well as awareness.

It is a common notion in Pakistani society about the hypocrisy that is observed in the violent Behavior of Pakistani Men was not only a cultural stigma that was not ready to let their females be free, was the utmost desire of their nature to maintain the so-called masculinity and hence the power, within the community; hence the concept also shames upon the wrong interpreters of the dominant religion of Pakistan i.e. Islam that is inflicted by the misogynist Muslim Men on their women. This is something that the renowned feminist activist, Bell Hooks also asserts in her writing in 2000, Feminism is for Everybody. She describes this male superiority as something that men are never willing to give up. She writes that "In return for all the goodies men receive from patriarchy, they are required to dominate women, to exploit and oppress us, using violence if they must to keep patriarchy intact. Most men find it difficult to be patriarchs." and as long as men will enjoy the male superiority social justice can never be achieved and oppression will continue to happen against the less privileged people of the society. This also involves the factor of religion that is majorly miss-interpreted by the misogynistic culture. Often we observe a controversy between the secular laws and the Shria laws (Religious law) in Pakistan while interpretation of Human rights. Where on one hand, secular constitutional laws focus on individualized human rights, the Shria law is more concerned with the interrelated rights and the duties of the citizens of the states on one another. Furthermore, the false social practices that mislead from religion have been sanctified to aggrandize the wrong interests of some violent, conservative groups. This motivation goes back to the colonial United Indian mindset which has been in practice since generations. It has actually distorted individuals from real Islam that is nit controversial in practice and conservative in use. The Quran (religious book of Muslims) has long entrusted the human rights charter for all individuals including week groups of society such as women, slaves, and other minorities and grants them equal rights. Quran clearly states that, “No man is superior to another on basis of caste, color, creed, or gender, but Takwa (being piety, abstinence).” Thus these laws were even introduced years before the Universal Declaration of Human Rights (UNDHR) that promoted equality for all genders, sects, and races without any kind of disparity.

4.3.4 Article 2: The second article of CEDAW declares that “the state parties condemn discrimination against women in all forms and that they agree to pursue without delay policies aimed at eliminating such discrimination.” Its clauses further focus on adopting national laws that eliminates inequality. Furthermore, these clauses also stress on the need of establishing legal protection via private and public organizations abrogating all such laws and policies that harm women rights in any form or way.

In this regard the Article 25 of the constitution of Pakistan as stated above that provides protection against any type of disparity conducted in bases of gender and sex. Additionally, article 32 of Pakistan asserts that “the state shall encourage local government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.” This secures special seats of women in the labor industry. Furthermore, it is also declared by Pakistani constitution that “steps will be taken to ensure full participation of women in all spheres of national life. However, only 5.4 percent of federal government employees are women and their representation in higher levels in the public services is negligible.” Today we can observe in the contemporary Pakistan, that women are seen working efficiently in all fields of life with the criteria of reserved women seats as well as the open merit seats.

However, one backlash observed is that women are not seen participating in “the Federal Shariat Court and the Council of Islamic ideology. These institutions run parallel to the judiciary and have all male representation.” This is important as women’s perspective should be considered equally while operating in religious court; and laws should be formulated accordingly.

Some serious problems observed while ignoring the implementation of these article of CEDAW is that the Hudood ordinance conducts numerous acts and punishments that go against women, like the charge of zina, stoning to death, Tazeer, and many others. In the clause g of Article 2 it is declared to repeal any law that goes against women rights. Such laws have been repealed a lot many times in history of Pakistan and were first requested to repeal under Benazir Ali Bhutto. However, it has still not been able to change in Pakistan.

4.3.5 Article 4: It declares that the “special measures aimed at removing de facto inequalities between men and women. It recommends, among other things, the adoption of measures in respect of maternity and also for eliminating all kinds of inequalities based on biological differences.”

In this context Pakistan has taken effective measures of which the reserved seats for women (the quota system) by article 51 of Pakistani Constitution is one such example. Without the reserved seats for women, they may not have been able to get encouragement to participate in different institutions and fields.

4.4 Support from UN Women

Increasing the conception of CEDAW among public and private sectors, e.g. commemorating its celebration in the country by departments like Federal Judicial Academy

Building up CEDAW execution process through development of Understandings

By harmonizing the relation of the working parties associated contributors and shareholders on CEDAW

Promoting the developmental process involving women for implementation of CEDAW starting from district and provincial levels

By appointing proper gender advisors in all provinces aimed to develop the departments associated with women and to sign the ‘Memorandum of Understanding’ with Women Developmental Departments

Establishing ability of NGOs to promote as well as support CEDAW implementation and regulation

4.5 Effective Steps

Pakistan although has a history of male dominant patriarchal society, where for many years the women have been suppressed. However after becoming a part of CEDAW internationally, Pakistan has been able to fight for her women’s right effectively and efficiently and is still fighting in many areas. A major change was observed in the female independence, freedom, and equality rights after the appointment of first female Prime Minister. After becoming the signatory of CEDAW, awareness slowly spread in Pakistani society and it was only short after it that a woman Prime Minister was elected. “She also promised to repeal controversial Hudood laws that curtailed the rights of women and to alleviate the status of women in society.” During this regime, a lot of woman rights act were passed in Pakistan. “Ministry of Women's Development (MWD) established Women's Studies centers at five universities particularly capital cities including Islamabad, Karachi, Quetta, Peshawar, and Lahore in 1989”

Furthermore, first ever Female National bank was established in 1989 namely “The First Woman Bank lmt” (FWB). Lot of social welfare organizations including government and non governmental institutions were formulated as well as supported by the government.

Furthermore, “On 29 January 2010 the President Zardari signed the 'Protection against Harassment of Women at Workplace Bill 2009' which the parliament adopted on 21 January 2010 under the assistance of CEDAW.” Furthermore, two more bills were passed in the year 2012 that criminalized the status of brutal practices conducted in Pakistan against women rights such as “Vani, watta-satta, swara and marriage to the Quran which used women as tradable commodities for settlement of disputes.” These are some of the ill practiced traditions held in the remote areas of Pakistan particularly Sindh and Balochistan, where the women with some allegations are presented in the local courts called Jirga and is punished without any legal procedures. Most of the times these women are punished in exchange of the crime that is actually committed by the mall members of the family like brother, husband or father. Several laws protecting woken against the oppression of violent men like acid throwing were passed with punishments of life time of imprisonment. Another revolutionary step taken under CEDAW assistance by Pakistani Government under Zardari was the establishing of special task forces in country against the suppressive, illegal practices attributed against women with the development of proper help lines. One of the biggest changes observed in Pakistan’s history regarding women was after appointment if Zardari as the President. “Coming into power he appointed a female member of parliament and party loyalist Dr. Fehmida Mirza as the first female speaker in South Asia. During the tenure Pakistan saw its first female foreign minister, HinaRabbaniKhar, first secretary of defence, NargisSethi, deputy speaker of a province Shehla Raza and numerous female ministers, ambassadors, secretaries including Sherry Rehman former ambassador of Pakistan to US,  others held prestigious positions within the administration.” Hence it would not be wrong to say that most of the progressive work on alleviating the status of women in Pakistani government was done under the Zardari government when women were given one of the important seats in government and when the voices were raised for their due status in society. Many laws got passed and many ill practices laws were abolished during this reign.

“In Pakistan, the 12th of February is the national women’s day, which happened just at the right time, since here in Geneva it was also the day of Pakistan’s review for the Committee on the Elimination of Discrimination against Women (CEDAW)”. Furthermore, the issues like Qisas, Honor Killing and Diyat have been discussed in the CEDAW committee of Pakistan and steps are being taken for its elimination. Women trafficking were also a serious issue against which no specific law was present in Pakistan. CEDAW committee also showed its concern on this issue and is still trying to introduce any such law. However, if a greater picture is considered, Pakistan has not been observed as an active member of CEDAW internationally and is rather working slowing in this regard. Although times have changed a lot and a lot many reforms and steps have been already taken by Pakistan in elimination of discrimination but still Pakistan is lagging behind the most developed and developing countries in protecting its women and working actively under CEDAW.

Chapter 6

Conclusion

6.1.Main Research Topic

In this thesis work, I have focused on the introduction to CEDAW and how does it operate in different countries of the world especially in Pakistan. I have also highlighted the steps on which CEDAW works in Pakistan and how it has made it possible to provide women with rights that they were not given. Furthermore, there has been a deep comparison between how CEDAW is operated in Pakistan and other countries like Bangladesh, India, Turkey, Korea, and the Middle East. My research also highlighted how CEDAW has raised the status of women in society. The steps taken by Pakistan to improve the status of women in society after ratifying CEDAW have been also being a major focus of the thesis. Later on, in the end, the reforms that are taken to strengthen the steps are taken and ways to improve the functioning of CEDAW in Pakistan have been mentioned as well.

The arrangements of CEDAW and their understanding by the CEDAW Committee give a representation of the cases that CEDAW is assimilationist, homogenous, or essentialist. CEDAW gives the premise to extraordinary uniformity and without a doubt commands it. It considers a wide scope of intersectional needs. As respects its essentialism, CEDAW reacts to discrimination in law and practice dependent on the character of women and henceforth it is fairly open to sort its definition as essentialist. CEDAW remedies the memorable hushing of women's voices archived and examined in women's activist writing for a long time since Simone de Beauvoir's perception of women as the other in the Second Sex. The Convention accommodates intersectionality while not losing the center of women's activist hypothesis material to all women - it tends to be viewed as sustaining the tree of woman's rights with its parts of feminisms. Without the convergence of CEDAW on oppression women, there is a solid probability that women's voices would be underestimated even in the common freedoms setting. The fixation on the need to dispense with the oppression women and to enable them is fundamental both as a point of convergence and as a method of invigorating and in reality demanding mainstreaming of women's issues in all other common liberties structures. CEDAW has created the understanding that "ladies' privileges are common liberties" yet it ought to likewise be viewed as ensuring a crucial idea of basic freedoms as people's privileges, on a mutual and shared premise.

The Human Rights Council Working Group on Discrimination against Women in Law and Practice has the assignment of adding to the acknowledgment of the capability of CEDAW. It has available to it’s the apparatuses of ladies' common freedoms talk, which gives a calculated premise generally compassionate to ladies' viewpoints. This talk commands ladies' equivalent qualification both to encounter and to shape the human social real factors in which we live, and to partake with men in designing an extraordinary commonality and structure in which both can prosper. Alternative talks which have developing impact inequitable social orders are the conservative strict and the neo-liberal talk, neither of which has a plan for women's extraordinary fairness and the two of which undoubtedly challenge the rights commanded in CEDAW. The conservative strict plan difficulties women's thoughtful and political rights in the open arena and their entitlement to fairness in the family; the neo-liberal plan difficulties state-interventionist strategy to propel ladies' monetary and social rights. The HRC Working Group has recognized the topical extent of victimization ladies in law and practice and the everyday issues in which ladies must be engaged to take their full and equivalent spot in the texture of cultural presence under five topical subjects: public and political, monetary and social, family and social, wellbeing and security, with viciousness as a cross-cutting issue for every one of these parts of ladies' lives.

The meaningful fairness arrangements of CEDAW give hypothetical and regulating devices to battle with the developing difficulties of conservative social and strict man centric society and neoliberal abuse of women. This holds out guarantee yet a huge hole exists between regulating strategy and social practice. Law and theory alone cannot satisfy the guarantee of law and true balance for women. The vital details and responsibilities to the objective of meaningful balance have been made under the protection of CEDAW. It stays to interpret the plan and responsibility into a political, financial, and social activity, which will tie down women's ability to partake as equivalent entertainers in the open arena, to have equivalent open door in the economy, and to live in a condition of equivalent self-sufficiency to that of men in the family. This is the significance of just citizenship for women and it is a condition point of reference for a reasonable vote based system for people the same.

6.2. Framework

CEDAW builds up a basic liberties structure for the use of standards to achieve and keep up sex balance openly and political life. While campaigning for their use or while assessing the aftereffects of existing frameworks, it is prudent, accordingly:

• To allude to the Convention and the CEDAW Committee's General

• to utilize the Convention's detailing cycle (counting the accommodation of shadow reports) and the Concluding Comments of the CEDAW Committee; and

• To think about the use of shares to guarantee the interest of ladies on the whole domains of public and political life as a positive marker of consistency with the show and of adherence to the standards of good administration. Simultaneously, state parties must settle various issues. Measures need to be planned, received, and actualized all together:

• To defeat protection from standard frameworks, especially in nations in Central, Eastern, and Southeast Europe;

• To build up conditions that empower ladies to utilize amount frameworks and to keep up resultant additions;

• To move past the 30 percent idea (regarding ladies' portrayal), which starts to go about as a 'biased based impediment'; and

• to move the concentration from the quantitative part of portions to the thought of changes in political culture and foundations, with the goal that laws and approaches reflect ladies' real lives, needs, and worries without sustaining existing sex-job generalizations.

. The most important and legally binding international human rights instrument in this respect is the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Since 1982, the CEDAW Committee, comprising 23 independent experts, has monitored its implementation. Due to its composition and mandate, this body is different from inter-governmental organizations at the United Nations (UN), such as the Commission on the Status of Women, the Commission on Human Rights or the Sub Commission on the Promotion and Protection of Human Rights, which, in their work over the past few decades, have also examined the issue of temporary special measures.

CEDAW is the most significant common liberties deal for women. The Convention's states parties are legitimately obliged, initially, to dispense with all types of oppression ladies in all everyday issues, and to guarantee ladies' full turn of events and headway all together that they can practice and make the most of their basic liberties and central opportunities similarly as men. Thirdly, a state party must permit the CEDAW Committee to investigate its endeavors to execute the settlement, by answering to the body at standard intervals. Consequently, by far most of the part conditions of the UN (more than 90 percent6) has deliberately consented to regard, ensure, advance, and satisfy the basic freedoms of women under all conditions—except if they made known their second thoughts about specific articles on saving their instruments of approval. UN Women Pakistan gives specialized help to the Ministry of Human Rights in the turn of events and execution of a pilot on sex and harmony keeping in Pakistan. The operational goals of the program are to react to the prompt needs of women and young women in crises and to offer specialized help. This program has different entomb connected subparts. Contingent upon the degree of mediation various systems apply. At the grassroots level, UN Women Pakistan underpins common society associations and ladies' rights bunches through the execution of a Trust Fund which reacts to sexual orientation measurements of philanthropic and emergency.

Improving comprehension of CEDAW in general society and non-administrative parts, directions on CEDAW for example CEDAW enlistments with the Federal Judicial Academy and the Council of Islamic Ideology, supporting CEDAW commemoration festivities

Reinforcing CEDAW usage measure through Memorandum of Understandings

Reinforcing coordination between partners chipping away at CEDAW, for example, working gatherings

Backing common ladies advancement divisions (WDDs) for CEDAW execution and announcing through the position of Gender Advisers in Punjab, Sindh, and Baluchistan, marking of Memorandum of Understanding with WDDs, arranging to entomb departmental meetings commonly in a joint effort with WDDs

Reinforcing limit of non- government associations to help CEDAW execution and observing

. CEDAW lawfully ties all States Parties to satisfy, secure, and regard omen's basic liberties – this implies States are capable of their own activities, yet in addition to killing separation that is being executed by private people and associations. Sexual orientation imbalances must be tended to at all levels and in all circles, including the family, network, market, and state. CEDAW perceives that segregation is regularly most profoundly established in circles of life, for example, culture, family, and relational relations – it tends to the negative effect of sex generalizing, chipping away at the basic reason that except if change happens at those levels endeavors to accomplish sex correspondence will be disappointed.

It has also centered around the discussion in progress to characterize what establishes oppression on women and how the state may act to dispose of victimization ladies in the lawful sense as well as in the social sense, the jobs being played by different gatherings inside the ladies' development to encourage the cycle of adherence to CEDAW, just as different difficulties being looked as the Pakistan state endeavors to kill victimization of women. This underscores the test of changing winning Islamic translations of women’s legitimate rights into ones adequate to neighborhood mores and qualities while holding fast to the necessities of CEDAW.

6.3 Recommendations

This thesis has thoroughly discussed the role of CEDAW that it plays in different countries especially in relation to Pakistan. I have explored how CEDAW is working in different countries worldwide and then I have compared the working of CEDAW in different countries like Italy, Bangladesh, Turkey, the Middle East, and many Western countries with that of Pakistan. Moreover, I have highlighted the steps taken particularly by Pakistan in enhancing the status of females in the country and the role of governmental and non-governmental organizations in the implementation and regulation of laws and policies in accordance with the articles of CEDAW after ratifying it. In the end, I have taken into account the functioning of the legal institutions in the implementation of the CEDAW policies and have highlighted the problems that still conflict with CEDAW. Furthermore, this paper has discussed in detail the reforms or the steps that have been taken up by some recent governments in alleviating the status of women in society by protecting their rights and promoting gender equality. Regarding the present situation in Pakistan, there is discrimination and inequality in exercising human rights and in all other spheres of life, cultural, social, economic, and political. The reports on the Commission of Inquiry of Women, 1997, suggest that there is considerable inequality between males and females in Pakistani society. The reason being that all fields related are very diverse. These include inadequate policies, plans, and programs including budget allocation, cultural and social practices, exercising human rights, and discriminatory gender legislation. It would be relevant to give a brief idea of women rights activists that run parallel to human rights. The extremely oppressive nature against women in the 1980s was synonymous with massive violations of human rights. The human rights activists as it stands today have played a vital role in eradicating discrimination against one specific gender as well as uplifting the need for basic human rights. However, Pakistan is still lagging behind providing equal human rights to its female gender. After indicating the problems that are still being faced in Pakistan in implementing CEDAW effectively as the in the movement of Pakistan in sending reports and regulation of women's rights laws is changing recorded a little lethargic and slow internationally. Therefore, I would like to make some recommendations that can be adopted to introduce some of the reforms in order to better the mechanisms and the procedures associated with CEDAW in Pakistan. The following are some of the effective recommendations that can be added to enhance the productivity of the Convention's true purpose.

Pakistan is rather slow in pace when it comes to the submission of its final reports to the committee of CEDAW. The fourth report that Pakistan submitted was a little overdue. It does not only shows the careless attitude of Pakistan's officials when it comes to providing proper rights and in safeguarding their political, social, and cultural rights but arose shows the general attitude of Pakistani society its treatment towards its women. Although Pakistan is making progress in liberating her women and alleviating their social status as well as eliminating all and any kind of discrimination committed against women; however, it is still not enough as compared to the other developed countries worldwide. Pakistani women are yet to achieve that independence and freedom of rights owing to its deformed patriarchal structure that resides in its roots. Therefore, the very first recommendation that I would like to make in this case is to participate actively in the yearly sessions of CEDAW as well as to formulate an active and effective committee in Pakistan of CEDAW that will ensure active and healthy participation of Pakistan in such activities and mechanisms that supports its women. Furthermore, Pakistan should develop an active policy to submit its periodic report on Women's rights programs and mechanisms being run in the country. This will do two things; first, it will clear the image of Pakistan in International media regarding its treatment towards the women of the nation, second, it will allow the members of the committee to indulge in activities promoting and supporting women in all possible ways. In this regard, the government organizations can also work in collaboration with non-governmental organizations and other private agencies in order to run eliminate any kind of disparity against women. Furthermore, it should institutionalize the interrelated ministerial and departmental processes with civil society. It can further improve the results by providing technical aid to the Ministry of Human Rights in the development of established mechanisms for reporting. For this very purpose bit only can NGOs raise funds but Pakistan can also seek help from CEDAW or UN Women in getting financial aid to better the technical approach in development and growth if Pakistani women.

Another important issue prevailing in Pakistan is the certain problematic laws of the Hudood Ordinance as discussed in the paper previously that give certain powers to the Judges of Islamic Court called Tazirthat is seen to be used mostly against women. Some public and private agencies have tried in the past to repeal such legislative laws that contradict the purpose of CEDAW to eliminate disparity and ensure equality among all genders but have not been much success in this case. Therefore, technical help should be given to certain related ministries in revising certain legislation procedures and to ensure the execution of certain observations regarding the integration of Government's policies and mechanisms Supporting civil society organizations and women organizations to play a key role in advocating and implementing CEDAW laws and policies in Pakistan.

Furthermore, Pakistan's government with the assistance of CEDAW can also launch several training camps for young girls in schools that can teach and guide them on their rights. These training camps will also be based to teach Young girls to become strong confident and independent women who can stand for their rights and say no to any kind of oppressive Behavior committed towards them.

All the states, which approved CEDAW, are committed to wipe out oppression ladies and every one of its structures. Hence Pakistan being the member of CEDAW should guarantee equivalent turn of events and progression for ladies and empower them to make the most of their basic liberties and central opportunities similarly that men do. States are obliged to submit reports in ordinary stretches to the CEDAW Committee, which audits the reports and gives suggestions to states on the most proficient method to improve CEDAW's execution. The Committee when giving its Concluding Observations habitually contemplates assessments of common society entertainers, for example, NGOs. Hence, adopting such measures will not only strengthen our women, but will also strengthen the economy of our country as women make almost half the population of Pakistan. In addition, it is important to work in accordance with the CEDAW convention so as to gain international applause of our country.

Statistics show that only 5.9% of the total Labor strength of Pakistan comprises women. Reason being that women don’t earn anything for their labor in agriculture and other fields and are also not documented. Women, therefore, carry a double load of working and looking after their households, and still, they don't get enough reward for their services. Article 35 of the constitution of Pakistan states that steps will be taken to ensure the full participation of women in all spheres of national life. However, only 5.4% of Federal government employees are women and their representation in higher services in public sectors is negligible. Also, women are not included in the constitutional regime of Pakistan. Addressing this issue Pakistan needs to bring severe reforms by educating her women and spreading the proper awareness. Although Pakistan’s law provides reserved seats for women in almost all fields, yet somehow, it is not encouraging enough to take women out of their houses to hire them on jobs. Therefore, by educating them and providing them with the right awareness they can be given a better chance to play their equal share in the progress of the country as well as to achieve their dreams in life. This is an important factor and certain steps need to be taken in order to provide equal rights to our women and strengthen them.

In addition to the above-mentioned recommendations, Pakistan should also observe the practices of other countries which have been able to bring a positive change in the elimination of discrimination and disparity against their women and who have been able to achieve the highest levels of equality for their public irrespective of the gender associated with them. In this regard, Pakistan can choose its role models and develop a somewhat similar framework in order to eradicate gender differentiation and to provide complete assurance to its women to all kinds of fundamental human rights.

6.4 Contributions

CEDAW is an eminent convention followed by a number of countries worldwide. Different countries have different approaches towards adopting the mechanisms and policies leading to the development of different laws for the protection of their women. In this paper, I have contributed to highlighting the role of Pakistan in the treatment of her woken by the instruction of laws and policies of the state in accordance with the CEDAW articles. I have managed to focus on the concept that how does it operate in different countries of the world especially in Pakistan. I have also highlighted the steps on which CEDAW works in Pakistan and how it has made it possible to provide women with rights that they were not given. Furthermore, there is a deep comparison between how CEDAW is operated in Pakistan and other countries like Bangladesh. My research has also highlighted how CEDAW has raised the status of women in the society particularly of Pakistan that has never been studied in this angle prior to my research. The steps taken by Pakistan to improve the status of women in society after ratifying CEDAW have been a major focus of the thesis. Furthermore, I have also managed to highlight the conflict of Pakistan's constitutional laws with the Shariat Laws and how they are affecting women in particular. In this regard, I have suggested some of the recommendations that can be adopted for effective and efficient development of the legal procedures, mechanisms, and policies that are associated with the betterment of Pakistani women in particular. Later on, in the end, the reforms that are taken to strengthen the steps taken and ways to improve the functioning of CEDAW in particularly Pakistan is explored that not only highlights the progress of Pakistan in the issue of women but also manages to highlight several such issues that can further be addressed and improved under the supervision of CEDAW committee.