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What Obstacles prevent better Protection of the Rights of Women?

Introduction

Women’s rights protectors and civil society organizations attempting to secure the rights of women and gender equality play a fundamental role around the globe cross-culturally. They give genuinely necessary help to gender-based victimized women, fight against victimization, contribute to peace-building, and hold authorities responsible for satisfying their women’s rights commitments. Contemptibly, it has been learned that women’s rights protection faces serious obstacles.

The circumstances and workplace of activists are influenced by a few depressing patterns. Prohibitive enactment and severe practices against common society have likewise affected the individuals who work to ensure the human privileges of women and advance sex balance. In Hungary, a few women’s rights associations were among the recipients of the Norwegian NGO Fund and have been focused on spreading battles, reviews, and assessments.

Moreover, women’s rights protectors confront particular impediments when they challenge man-centric esteems, sexist generalizations, and the customary impression of sexual orientation parts. They can be depicted as destroyers of family esteem and national customs or as operators of what has disparagingly been named the “sex belief system.” I featured this issue in my most recent provide details regarding Armenia, where women’s rights associations and safeguards were viciously focused in 2013 amid the exchange and selection of the Law on Equal Rights and Equal Opportunities amongst Women and Men.

Analysis

As it turned out, a number of situations are typical, and this complexity is caused by a number of legal and (or) law enforcement obstacles, for which women for a long time cannot get out of the situation of violence, and sometimes even ceases such attempts because it is impossible to overcome systemic barriers. Now, in conditions of absence/insufficiency in Belarus legislation and other mechanisms to prevent violence, a woman, if she wants to protect herself from violence and escape from the aggressor, in some cases, in fact, cannot or is afraid of other negative consequences. Along with the creation of a support system for victims of violence and the formation of additional mechanisms for their protection, it is also important to take into account the legislation and law enforcement practices of barriers and work on their elimination (Abu-Lughod, 2002).

In accordance with the Convention and the norms of international common law, The State party is responsible for such acts or inaction of their bodies and representatives, which are gender violence against women, including for acts or inaction of officials serving in the executive, legislative, and judicial power. All the judiciary must refrain from any discriminatory practices and practices or gender and strictly apply all the provisions of the legislation providing for punishment for such violence. While ensuring that all legal procedures in relation to cases concerning statements on gender-based violence against women carried out on the basis of the principles of impartiality and fairness and not where are subject to influenced gender stereotypes or discriminatory interpretation of legal norms, including norms of international law (Abu-Lughod, 2002). Measures to support and protect women who are victims of violence and Persons who survived violence, as well as their families, should include access to financial assistance free of charge or inexpensive, high-quality legal assistance (Bangstad, 2011).

In general, in recommendation on women’s access to justice, it is noted that judges are not the only one’s actors in the justice system who apply, support, and reinforce stereotypes. Prosecutors, employee’s law enforcement, and other actors are often under the influence of stereotypes during the investigation and trial, especially when dealing with cases of gender-based violence, wherein such stereotypes at times undermine arguments between the injured parties/victims and, at the same time, support, the arguments put forward by the protection of the accused party (Bangstad, 2011). As a result, stereotypes can determine the course of investigation and litigation, as well as the nature of the judgments.

In this regard, according to the provisions of the general recommendation, it is important to respond appropriately to create an enabling environment for an environment that encourages women to demand the exercise of their rights and report crimes committed against them. It is to ensure the provision, on an expeditious basis, of appropriate and effective, backed by appropriate implementation mechanisms and legal remedies that promote the formation of all women’s sustainable dispute resolution practices based on gender factors (Hamri, 2010). It is to apply confidentiality and take into account gender approach in order to avoid stigmatization, including re-victimization in cases of violence in all judicial proceedings, including during interrogation, the collection of evidence, and other related procedures, and be guided in determining the limitation period by interest’s victims (Abu-Lughod, 2002).

In addition, the most important element in guaranteeing economic accessibility of justice systems for all women is the provision of free or low-cost legal aid, advisory services, and services for the protection of interests in judicial proceedings in all areas of law. With regard to the accessibility of justice systems, it is recommended that participating States eliminate, through legal aid, economic barriers to access to justice and reduce training fees and the filing of documents and legal costs for women with low incomes. However, in situations of domestic violence or in the absence of a woman’s equal access to family income to determine whether the right to legal assistance and state protection criterion of need, based on the amount of real income or availability of free money from this woman (Hamri, 2010).

Each country has its own history and identity in the economic, political, social, and cultural spheres, specifically in different states and ways of becoming a women’s movement and the results that have been achieved in matters of equalizing the legal status of the sexes and how it is implemented in practice. In pursuance of this recommendation in America, the Government of the American Federation of January 8, 1996, approved the Concept for the Advancement of Women in the American Federation. Since it indicates the goals that should be achieved but does not answer the question – of what legal means to achieve them should be resorted to, at the initiative of the Committee on Women, Family, and Youth Affairs of the States, a special Concept of lawmaking activities to ensure equal rights and equal opportunities for men and women (Howson, 2009).

In principle, no one disputes the presence of special interests in women due to the function of procreation. As for all other interests, public opinion is dominated by the notion that they are almost the same for all people, regardless of gender, and therefore, men who are in power can, without prejudice to the case, represent and express not only their own interests but also their interest’s women. This view is held by a considerable number of women. The social issues facing women in the foreground, health issues, protection of children’s development, and ecology are inferior. In addition, even such an all-universal task as the protection of the world, especially allocated by women, the protection of national security correlates among men, which is far from the same thing. That is why it is not just alignment of the legal status of men and women, but also the provision of equal opportunities for its implementation is and will be an actual problem not for one generation of people while acquiring new shades and sides (Bangstad, 2011).

At present, such cases of direct discrimination against women are found mainly in developing countries. However, a relapse of this kind is possible in the conditions of changing the political regime and in countries with long-standing democratic traditions. So (in 1933) after Hitler came to power, the Labor Court of Gliwitz (Germany) criticized the Labor Disputes Act of 1920 on the grounds that the lawmaker who created him stood on the individualistic point of view and completely equalized the women to the men in their professional activities. Such a view no longer corresponds to the world outlook and sense of justice, which, after the coming to power of the National Socialists, became a single opinion of the whole people. The new government seeks women to return to the family circle, thereby preserving jobs for male colleagues. Significantly, similar thoughts about the “destiny of women” were written in black and white and in the well-known book of MS. Gorbachev on the new thinking, which caused a storm of indignation among our foreign colleagues, although it passed almost unnoticed in the U.S. (Fox, 1999).

Eliminating direct discrimination based on sex does not in itself mean the equation of rights and, most importantly, the ability of men and women to implement them. Based on direct discrimination comes the indirect, acquiring the most diverse forms (Fox, 1999). It can be, for example, a very significant difference in the average earnings of workers in predominantly male and female sectors of the national economy and spheres of activity, excessive or vice versa, inadequate benefits and benefits for persons of different sexes who have family responsibilities, etc. At the same time, women and men may be discriminated against because of applying this or that specific rule. For example, the current norm of the Labor Code of the American Federation, according to which leave to care for a child before reaching the age of three years, could only be provided to the mother, undoubtedly reducing the competitiveness of women in the labor market. At the same time, this rule of labor law discriminated against the fathers, depriving them of an equal basis, with mothers of the opportunity to realize the equal rights and duty of parents to take care of children and educate them from the first days of their lives. Discrimination based on gender may also be the practice of externally applying gender-neutral norms, such as rules on the procedure for passing civil service and promotion. As a result, the number of women in senior positions in public institutions is disproportionately small compared to the number of men holding such positions (Fox, 1999).

In some countries where the problem is particularly acute, legislative measures have been taken. So, in a number of states of India, the use of amniocentesis is forbidden. In Bangladesh, the 1983 Decree punishes the forcible removal of women for illegal purposes, the trafficking of women, or the infliction of grievous bodily harm on the wife because of her dowry. The PRC Law “On the Protection of Women’s Rights,” which entered into force on October 1, 1992, contains article 35. According to this article, “it is forbidden to flush, toss, maim or kill newborn girls; discriminate or treat co-workers with women who are in labor and sterilized women; Brutal treatment of women, using superstition or violent methods; rude treatment of elderly women and throw them to the mercy of fate.”

Conclusion

Unity and participation in women’s rights protection are essential for the security of protectors and the advancement of their work. Worldwide, territorial systems of women’s rights protection are instrumental in helping those protectors who confront challenges to protect the rights of women. It is accordingly fundamental for the more extensive group of women’s rights safeguards to help women’s rights protectors and completely coordinate with them. Women’s rights activists perform their tasks intimately on numerous issues of common intrigue. In any case, many of the women’s rights commissions and other bodies have not yet gained adequate conviction.

In a few cases, stakeholders of women’s rights have effectively cooperated with the media in countering assaults, including smear crusades, and in raising open consciousness of their work and the significance of ensuring the human privileges of ladies and of advancing sexual orientation balance. It has been discovered that it is greatly helpful to expand on such encounters to cultivate a culture of women’s rights and fortify the safeguard’s communication with general society. It is time for women’s rights protectors to get the affirmation, support, and assurance they merit for their submitted work for women’s rights.

References

Abu-Lughod, L. (2002) ‘Do Muslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others’, American Anthropologist, 104(3), pp. 783–790. doi: 10.1525/aa.2002.104.3.783.

Engelke, M. (1999) ‘“We Wondered what Women’s rights He Was Talking About”: Women’s rights, homosexuality and the Zimbabwe International Book Fair’, Critique of Anthropology, 19(3), pp. 289–314. doi: 10.1177/0308275X9901900305.

Binion, G. (1995) ‘Women’s rights: A Feminist Perspective’, Women’s rights Quarterly, 17(3), pp. 509–526. doi: 10.1287/orsc.l090.0446.

Fox, H. (1999) ‘The Pinochet case no. 3′, International and Comparative Law Quarterly, pp. 687–702. doi: 10.1017/S0020589300063521.

Bangstad, S. (2011) ‘Saba Mahmood and Anthropological Feminism After Virtue’, Theory, Culture & Society, 28(3), pp. 28–54. doi: 10.1177/0263276410396914

Howson, A. (2009) ‘Cultural Relativism’, EBSCO Research Starters, pp. 1–5. doi: 10.1353/hrq.2000.0027.El

Hamri, N. (2010) ‘Approaches to family planning in Muslim communities’, Journal of Family Planning and Reproductive Health Care, 36(1), pp. 27–31. doi: 10.1783/147118910790291019.

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