Beijing Declaration and Platform for Action (1995)

BEIJING DECLARATION AND PLATFORM FOR ACTION (1995) was adopted by consensus in 1995, at the Fourth World Conference on Women. The conference and the resulting documents were framed around an agenda for promoting women’s social, economic, and political empowerment. The Beijing Declaration embodies an international obligation to the advancement of women, with a particular emphasis on ensuring that a gender perspective is reflected in state policies and programmes. Adjunct to the Declaration is the Platform for Action, which outlines a series of measures for action in the hopes of improving the status of women at the state and international level. The Platform ends with a call for states to reconvene every five years, in order to assess the degree of progress made towards affirming and reinforcing women’s rights. This review process has been carried out faithfully, with states meeting in 2000 (Beijing +5) as well as in 2005 (Beijing +10).

The Fourth World Conference on Women was noteworthy because it drew considerable attention to the severity of the issue of violence against women. The resulting documents stressed the seriousness of violence against women, while simultaneously acknowledging that the true scope of the problem was still unclear. Indeed, the Platform for Action admitted that a lack of gender-disaggregated data made it difficult to ascertain the extent to which women are the victims of violence. By requesting states to develop improved data and statistics, the Platform for Action in effect gave a voice to the abused women whose suffering was going unnoticed. The collection of more comprehensive data on violence against women, including domestic violence, is central to revealing the actual situation of women in society. Thus, the Beijing Declaration and Platform for Action contributed extensively to the effort to unearth inequalities and improve the condition of women across the globe.

Article 3, 8, 9, 14, 15, 23, 24, 25, 31, 33 ensure basic human rights of women. Article 12, 17 guarantee women’s empowerment. Article 29 reaffirms eliminating violence against women. Article 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 defines violence against women. Article 41 declares critical areas of concern. Article 18, 19, 20, 21, 38 reify international cooperation. Article 124, 125, 126, 128, 129 make sure government and other stakeholders take the responsibility and action.

Vienna Declaration and Programme of Action (1993)

VIENNA DECLARATION AND PROGRAMME OF ACTION (1993) (VDPA) reiterates and expands upon principles outlined in the Universal Declaration on Human Rights and the United Nations Charter, and it represents a landmark in the recognition of women’s rights as being indivisible from human rights. Adopted by consensus at the World Conference on Human Rights in 1993, the VDPA marks a renewed commitment to “remove the current obstacles and meet challenges to the full realization of all human rights and to prevent the continuation of human rights violations resulting thereof throughout the world.” Moreover, this declaration is unique in the sense that it set a new international norm, namely that human rights ought to be considered indivisible, independent, and interrelated. Prior to the VDPA, issues affecting women disproportionately, such as domestic violence, sexual harassment, and female genital mutilation, was rarely addressed by human rights treaties. By acknowledging women’s rights, the rights of the “girl-child,” and the prevalence of gender-based violence, the VDPA successfully widened the scope of ‘human rights.’ States were urged to withdraw any reservations from the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), and the VDPA strengthened mechanisms for monitoring the implementation of women’s rights worldwide. Furthermore, proceedings at the World Conference on Human Rights ended with a resolution to integrate women’s rights into more UN activities. This, in turn, has resulted in the subject of women’s rights becoming part of the mainstream discourse on human rights.

The preamble of the Vienna Declaration and Program of Action emphasizes that every human person is the central subject of human rights, and upholds the notion of human rights for all without distinction based on sex.

“ Recognizing and affirming that all human rights derive from the dignity and worth inherent in the human person, and that the human person is the central subject of human rights and fundamental freedoms, and consequently should be the principal beneficiary and should participate actively in the realization of these rights and freedoms,
…
Emphasizing the responsibilities of all States, in conformity with the Charter of the United Nations, to develop and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Recalling the Preamble to the Charter of the United Nations, in particular the determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women and of nations large and small,”

Moreover, the VDPA highlights the issue of discrimination and violence against women.

“Deeply concerned by various forms of discrimination and violence, to which women continue to be exposed all over the world,”

Article 18 declares human rights for women as being indivisible with universal human rights, and stated that the international community should prioritize the eradication of all forms of discrimination based on sex. The declaration also points out that gender-based violence resulting from cultural prejudice harms human dignity, and should be eliminated through legal measures and national action. Article 36, 37, 38, 39, 40, 41, 42, 43, 44 reaffirms the equal status and human rights of women. For international community to implement elimination of all forms of discrimination against women, Article 83 urges Government to take national action, and integrate standards into domestic legislation and social system.

International Covenant on Civil and Political Rights (1976) (ICCPR)

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

In the past, violence against women, particularly violence occurring in the home or between intimate partners, was viewed as a private matter, not as an issue of civil or political rights. Now, however, courts in many countries all over the world have recognized that domestic violence is not a private matter. For example, by applying the legally accepted definitions of torture to the violence that woman face everyday around the world, the international community has explicitly recognized violence against women as a human rights violation involving state responsibility. When states fail to take the basic steps needed to protect women from domestic violence or allow these crimes to be committed with impunity, they are failing in their obligation to protect women from torture. Similarly domestic violence violates a number of other rights, including the right to life and liberty, the right to self determination, the right not to be subjected to torture or other cruel and degrading treatment, etc. Many of these rights are enshrined in the International Covenant on Civil and Political Rights (ICCPR), which India has signed and ratified. In light of this legally binding international obligation, the failure of a government to prohibit acts of violence against women constitutes a failure of state protection.

The main provisions of the ICCPR that can be applied to cases of domestic violence are as follows: Article 1, 2, 3, 6, 7, 16, 23, 26.

Declaration on the Elimination of Violence against Women (1993)

DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN (1993) (General Assembly resolution 48/104 of 20 December 1993)

General Recommendation No. 19: Violence against Women (1992)

GENERAL RECOMMENDATION NUMBER 19: VIOLENCE AGAINST WOMEN (1992)

In 1992, during the 11th session of the CEDAW committee, the United Nations issued General Recommendation Number 19, which pertains specifically to the issue of violence against women. Although the provisions of this recommendation are not legally binding, as a signatory to CEDAW, India has a general obligation to take cognizance of these recommendations.

The General Recommendation No. 19 can be of particular importance in cases of domestic violence, as it clarifies:

“Traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths….(etc). Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms.”

Convention on the Elimination of All Forms of Discrimination against Women (1979)

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1979) was adopted by the UN General Assembly and is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. As a signatory to CEDAW in 1980, India is re legally bound to put its provisions into practice.

CEDAW defines discrimination against women 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."

CEDAW can thus be used in petitions related to cases of Domestic Violence. The main provisions of CEDAW that are applicable to cases of Domestic Violence are as follows. Article 2 declares comprehensive state obligation to eliminate discrimination against women. Article 5 defines Elimination of prejudices and practices, based on the stereotyped roles of women and men. Article 16 protected women from elimination of discrimination in marriage and family relations: equality of women and men, same rights and responsibility