international instruments for girls’ advocacy © 2014 public health institute

International Instruments for Girls’ Advocacy

www.letgirlslead.org © 2014 Public Health Institute

“Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”

Eleanor Roosevelt, 1958

These are human rights treaties that are legally binding for the signatory countries.

Conventions and Treaties

Conferences, Political Declarationsand Resolutions:

Documents reached via consensus that reflect the political will of signatory countries, but they are not legally binding. Donor countries commit to financing

countries that fulfill these declarations.

Binding international agreements:

Committee on the Elimination of Discrimination against Women (CEDAW 1979)

Convention on the Rights of the Child (CRC 1989)

Committee on the Elimination of Discrimination Against Women

(CEDAW 1979)

The Convention 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.“

187 countries have ratified CEDAWEntered into force 1989

• Elimination of discrimination against women in civil, political, economic, social, and cultural areas.

• Preamble recognizes that "extensive discrimination against women continues to exist."

• Emphasizes that such discrimination "violates the principles of equality of rights and respect for human dignity".

• Covers three dimensions of the situation of women: civil rights and the legal status of women, reproduction, and the impact of cultural factors on gender relations.

Committee on the Elimination of Discrimination Against Women (CEDAW) (1979)

Challenges

• Does not expressly include girls rights in its scope.• Treats women as a homogenous group.• Fails to address specific concerns of different

categories of women.• Does not address unique experiences of women

from different countries and contexts.

Committee on the Elimination of Discrimination Against Women (CEDAW) (1979)

Convention on the Rights of the Child(CRC 1989)

• Concerned with the protection and welfare of children.• Aimed at specifically extending particular care to the child.• Preamble recognizes that “the child by reason of his or her

physical and mental immaturity needs special safeguards and care, including appropriate legal protection…”

• Recognizes as a child any person under the age of 18.

Guiding principles of the Convention include:• non-discrimination, adherence to the best interests of the

child, protection of children, the right to life, survival and development, and the right to participate

193 countries have ratified CRC

• Freedom of expression• Freedom of information• Freedom of association• Protection from all forms

of abuse• Adoption• Refugee children• Disabeled children


• Health• Social security • Education • Secondary education• Development• Rest and leisure• Privacy• Protection from exploitation

Discusses childrens’ rights around:

• Children treated as homogenous group.• Girls unique needs and experiences not specified.

Challenges


Non-binding international agreements:

International Conference on Population and Development (ICPD Cairo 1994 and ICPD+5 1999)

Fourth World Conference on Women (Beijing 1995)

United Nations General Assembly Special Session on HIV/AIDS (UNGASS 2011)

Commission on Population and Development (CPD 45th session on Adolescents and Youth 2012)

International Conference on Population and Development (ICPD 1994)

• Put women’s needs and rights at the center of population and and development programs

• First international document to define reproductive health as a human right

• Recommended that family planning were offered with other reproductive health services, including services for healthy and safe childbirth, care for sexually transmitted infections and post-abortion care

• Importance of coordinated work between governments and NGOs. Including feminist, homosexual, democratic and human rights movements

International Conference on Population and Development (ICPD 1994)

Defined reproductive health as:

“... a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and its functions and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so.”

Fourth World Conference on Women (Beijing 1995)

Expanded on Cairo’s definition of reproductive health:

“ The human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence. Equal relationships between women and men in matters of sexual relations and reproduction, including full respect for the integrity of the person, require mutual respect, consent and shared responsibility for sexual behavior and its consequences [para. 96]”

Challenges around the implementation of ICPD led to a series of meetings leading up to the UN General Assembly Special Session (ICPD+5).

Identified Key Actions for the Further Implementation of the ICPD Programme of Action, including new indicators:

1. Education and literacy2. Reproductive health care and unmet need for

contraception3. Maternal mortality reduction 4. HIV/AIDS.

International Conference on Population and Development (ICPD+5 1999)

On the rights of adolescents:

To privacy, confidenciality, respect and informed consent.

To access appropriate, specific and teen friendly sexual and reproductive health services respectful to their cultural and religious values.

To participate actively in public policies that affect their education, work and health.

ICPD+5, [paragraph. 73]

International Conference on Population and Development (ICPD+5 1999)

United Nations General Assembly Special Sessions on HIV/AIDS (UNGASS)

• In 2001 United Nations General Assembly convened the first special session on HIV/AIDS in June 2001 and developed the Declaration of Commitment on HIV/AIDS (2001) which sets out a series of national targets and global actions to reverse the HIV epidemic.

• In 2006 General Assembly High Level Meeting on HIV/AIDS developed the Political Declaration on HIV/AIDS (2006) where countries committed to provide universal access to HIV prevention, treatment, care and support services.

• In 2011, world leaders came together again for the UN General Assembly High Level Meeting on HIV/AIDS where a new Political Declaration on HIV/AIDS: Intensifying our Efforts to Eliminate HIV/AIDS was unanimously adopted.

Political Declaration on HIV/AIDS: Intensifying our Efforts to Eliminate HIV/AIDS (2011)

Sets forth bold new targets and calls to redouble efforts to achieve universal access by 2015, with a view to attaining the Millennium Development Goal 6: Combat HIV/AIDS.

Targets:•Reduce sexual transmission of HIV by 50%•Reduce transmission of HIV among people who inject drugs by 50%•Ensure no children are born with HIV and reduction of AIDS-related maternal deaths•Increase access to antiretroviral therapy to get 15 million people on life saving treatment•Reduce TB deaths in people living with HIV by 50%

Encourages countries to:

• Recognize and protect youth’s right to control and decide freely and responsibly on topics related to their sexuality, including sexual and reproductive health, regardless of their age or marital status.

• Eliminate harmful practices against girls and women, like early and forced marriages, female genital cutting, and other human rights violations as well as creating laws that will protect them against such practices.

Commission on Population & Development CPD 45th Session on Adolescents & Youth 2012

• Provide youth with information and confidencial sexual and reproductive health services.

• Provide evidence-based comprehensive sexual education that includes topics on human rights and gender equality.

• Strenghten health systems giving priority to sexual and reproductive health, including family planning, safe abortion where legal, maternal health, prevention and treatment of STDs and HIV among others.

• Invest on effective youth participation.

• Conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights.

Rights-Based Approach

• An approach that integrates the standards and principles of the international human rights systems into the plans, policies and processes of programs.

Implications on Programs & Policies in a Rights Based Approach

• Should contribute to the realization of human rights;

• Must be guided by human rights standards and principles

• Should contribute to the development of capacities of claim-holders to claim their rights and of duty-bearers to meet their duties.

Human Rights Logo Competition’s winning logo called ‘Free as a Man’, was

chosen for its symbolic power, distinctiveness, clarity and

universal applicability.

Rights-Based Approach

• Provides tools for analyzing the root causes of a problem and inequities.

• Provides a normative framework for exposing the barriers to exclusion and injustices.

• Provides a legal system of obligations and accountability to counter-balance political “powerlessness.”

• Provides a framework for quality-assurance service delivery.

Rights-Based Approach• Creates accountability

mechanisms:– Institutionalized accountability– Transforms communities from

passive recipients of government social services to engaged citizens able to claim their rights

– Transforms service providers from potential or inadvertent abusers of rights into active protectors and guarantors of these rights