CC BY
20
WOMEN'S RIGHTS PROTECTION: ANALYSIS OF IMPLEMENTATION OF CEDAW AND BEIJING DECLARATION IN
PAKISTAN"
ABDUL QAYYUM GONDAL
PhD Scholar at Lincoln University College KL Malaysia
qayyum.gondal@gmail. com PROF. DR. MATLOOB AHMAD (Corresponding Author) Dean faculty of Arts & Social Sciences, The University of Faisalabad dr.matloobahmad906@gmail.com DR. UZMA BEGUM
Associate Professor of Govt. Postgraduate Girls College khrick Rawalakot, Azad Kashmir, Pakistan
DR. MUHAMMAD SHAUKAT HAYAT KHAN Ex Campus Director, The University of Faisalabad MUHAMMAD IQBAL HAIDER Ph.D Scholar, The University of Sindh MUBASHAR HUSNAIN M.Phil Scholar, The University of Faisalabad
Abstract:
This review article critically examines the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration in Pakistan, with a focus on women's rights protection. Through an analysis of relevant literature, reports, and statistical data, the article highlights the progress, challenges, and gaps encountered in achieving gender equality in the country. It acknowledges the positive steps taken, such as legislative reforms and initiatives to combat violence against women, while also addressing the discrepancy between symbolic reforms and practical actions. The review underscores the urgent need for effective implementation of laws, policies, and programs aimed at promoting women's rights and combating gender-based discrimination. It explores the complex dynamics of reconciling religious and cultural norms with women's rights, emphasizing the importance of a comprehensive approach that involves collaboration among stakeholders. Additionally, the review identifies the limited financial resources, lack of awareness, and systemic issues within the criminal justice system as significant barriers to achieving gender equality. The article concludes by highlighting the recommendations for strengthening legislation, enhancing institutional capacity, raising awareness, and fostering collaboration to ensure the protection and empowerment of women in Pakistan. By shedding light on the implementation challenges and proposing actionable solutions, this review article aims to contribute to the advancement of women's rights and gender equality in Pakistan.
Keywords: Women's rights, gender equality, CEDAW, Beijing Declaration, implementation, legislation, violence against women, cultural norms, criminal justice system, financial resources, collaboration.
1. Introduction
Gender inequality remains a pressing issue of global significance, encompassing not only human rights but also development and public health concerns. The prevalence of gender-based violence poses risks to the physical and emotional well-being of its victims, particularly women and girls. Shockingly, nearly one in three women worldwide has experienced violence in some form. As a result, gender equality and women's rights have emerged as critical issues on the global agenda,
prompting concerted efforts to eliminate discrimination and promote inclusivity[1]. To address these challenges, various international covenants, conventions, and agreements have been established, emphasizing the need to combat gender-based violence and ensure the well-being of marginalized groups [2]. Key among these instruments are the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979 [3], and the Beijing Declaration, resulting from the UN Fourth Conference on Women in 1995 [4]. These frameworks emphasize the importance of safeguarding women from violence and striving for optimal health outcomes, calling for comprehensive efforts to address gender inequality.
Pakistan, as a patriarchal society grappling with complex sociocultural dynamics, faces unique challenges in implementing international frameworks like CEDAW and the Beijing Declaration. Nevertheless, the commitment to gender equality and women's empowerment remains at the forefront of Pakistan's national agenda. As a state party to CEDAW and a signatory to the Beijing Declaration, Pakistan has taken significant steps to align its legislation and policies with these international standards. However, despite progress made, formidable barriers persist in Pakistan. Patriarchal norms, gender-based violence, limited access to education and economic opportunities, and health disparities hinder the full realization of gender equality [5,6].
This review article aims to delve into the issue of power imbalance in gender relations in Pakistan, examining the socio-cultural and economic challenges faced by women. It will assess Pakistan's efforts to implement gender equality and women's rights, taking into account the international covenants of CEDAW and the Beijing Declaration. By exploring the progress and challenges encountered in implementing gender equality, this review article aims to shed light on the complex landscape of gender inequality in Pakistan. It will analyze the achievements made thus far, including legislative reforms, initiatives promoting women's political participation, economic empowerment programs, and awareness campaigns. Moreover, it will highlight the existing gaps and ongoing struggles in effectively implementing these frameworks, acknowledging the country's reservations to certain aspects of CEDAW and the need to balance interpretations of Islamic teachings with advancing women's rights within the cultural context. Ultimately, this review article underscores the importance of sustained efforts to advance gender equality and women's rights in Pakistan. By addressing the identified challenges and prioritizing the objectives outlined in the Beijing Declaration, such as legal reforms, education and awareness initiatives, economic empowerment, and improvements in healthcare and political participation, Pakistan can strive towards creating an inclusive and equitable society that upholds the rights and dignity of all individuals, irrespective of their gender.
2. "CEDAW: Promoting Women's Rights and Gender Equality"
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is a pivotal international treaty adopted by the United Nations in 1979. It serves as an international bill of rights for women, aiming to eliminate discrimination and promote gender equality worldwide
[7].
CEDAW recognizes that discrimination against women violates their fundamental human rights and emphasizes the importance of women's equal participation in society. It challenges gender stereotypes, combats violence against women, and advocates for women's rights in areas such as education, employment, healthcare, marriage, and politics. The convention also stresses reproductive rights and addressing discrimination faced by marginalized groups of women. Key provisions of CEDAW call for the elimination of all forms of discrimination against women through legislative measures. Governments are urged to review and amend existing laws that perpetuate gender discrimination. Access to justice is emphasized, including protection against gender-based violence. CEDAW also highlights women's equal right to participate in decision-making processes and advocates for equal access to education and employment, combating gender stereotypes. Additionally, the convention recognizes women's right to health and reproductive rights, including family planning services and access to reproductive healthcare [8].
CEDAW's implications are significant at the national and international levels. States ratifying CEDAW commit to implementing its provisions within their domestic legal frameworks. They must periodically report progress to the CEDAW Committee, which reviews reports and engages in a dialogue with governments. The committee provides recommendations for implementation and has shaped national laws, policies, and institutions globally. CEDAW has been instrumental in catalyzing legal reforms, awareness campaigns, and mechanisms to address gender discrimination. The CEDAW monitoring mechanism oversees implementation through country reports and engagement with governments. The committee provides recommendations, issues general guidance, examines individual complaints, conducts inquiries, and collaborates with organizations to advance gender equality and women's rights globally. While CEDAW has made significant progress, challenges remain. Sociocultural norms, discriminatory practices, and gender stereotypes hinder full equality. Sustained efforts are necessary to mainstream gender in policies, programs, and accountability mechanisms.
In shorts, CEDAW is a powerful international treaty promoting gender equality and women's rights. It addresses discrimination in various spheres of life and ensures women's participation and empowerment. Through its provisions and monitoring mechanisms, CEDAW has had a transformative impact globally. Ongoing commitment and action are crucial to overcoming challenges and realizing the vision of gender equality enshrined in CEDAW.
3. Beijing Declaration: Advancing Gender Equality Worldwide
The Beijing Declaration and Platform for Action emerged from the United Nations Fourth World Conference on Women held in Beijing in 1995. This landmark international agreement represents a significant milestone in the global effort to achieve gender equality and women's empowerment. The Beijing Declaration addresses a wide range of critical issues affecting women and sets forth comprehensive objectives, key provisions, and implications for promoting gender equality [9]. The primary objective of the Beijing Declaration is to advance gender equality and empower women in all spheres of life. It reaffirms the fundamental principle that the rights of women and girls are human rights and emphasizes the importance of ensuring their full and equal participation in social, economic, cultural, and political life.
> Key provisions of the Beijing Declaration cover a wide array of areas, including:
1. Women's Rights: The declaration recognizes and affirms the rights of women, emphasizing the need to eliminate all forms of discrimination against them and promoting equal access to opportunities and resources.
2. Education and Training: The declaration calls for gender-responsive education systems that provide equal access to quality education and lifelong learning opportunities for girls and women.
3. Women in the Economy: It emphasizes the importance of women's economic empowerment, equal access to employment, and participation in decision-making processes in economic spheres.
4. Violence Against Women: The declaration addresses the issue of violence against women, advocating for its eradication and the protection of women's rights to live free from all forms of violence and abuse.
5. Women's Health: It highlights the importance of ensuring women's reproductive rights, access to healthcare services, and addressing gender-specific health concerns.
6. Women in Power and Decision-Making: The declaration calls for the increased representation of women in leadership positions, decision-making bodies, and political processes.
The implications of the Beijing Declaration are significant at both the national and international levels. Governments and organizations committed to the declaration are expected to develop and implement policies and programs that align with its objectives. The declaration also serves as a framework for monitoring and evaluating progress towards gender equality, with countries being urged to report on their efforts to implement its provisions. The Beijing Declaration has had a profound impact on promoting gender equality worldwide. It has spurred legislative reforms, policy changes, and institutional mechanisms aimed at addressing gender disparities. The declaration has
also played a crucial role in mobilizing governments, civil society organizations, and individuals to work towards achieving gender equality goals.
However, challenges persist in the implementation of the Beijing Declaration. Sociocultural norms, discriminatory practices, and persistent gender stereotypes continue to impede progress. There is a need for sustained efforts to address these challenges, enhance gender mainstreaming in policies and programs, and ensure accountability in achieving the goals set forth in the declaration. Overall, Beijing Declaration and Platform for Action is a landmark international agreement that outlines objectives, key provisions, and implications for advancing gender equality and empowering women. Its comprehensive approach has had a transformative impact on promoting women's rights and gender equality globally. While challenges remain, continued commitment, collaboration, and action are crucial to fully realize the vision of gender equality as envisioned by the Beijing Declaration.
4. The status of women in Pakistan reflects a concerning lack of gender equality and prevalent violence against women.
The status of women in Pakistan is marked by a distressing absence of gender equality and the pervasive issue of violence against women. This is evident in various aspects of Pakistani society, including social norms, legislation, and the lived experiences of women across the country. In order to fully understand the magnitude of these challenges, it is essential to examine the latest and authentic data and statistics related to women's rights, gender equality, and violence against women in Pakistan [10].
One key area of concern is the prevalence of violence against women. According to recent data, Pakistan has witnessed a disturbing rise in incidents of violence targeting women. For instance, the Lahore police recorded eight incidents of rape in just 48 hours, which included cases involving a teenager, maid, and nurse. Tragically, these women were blackmailed, coerced, and trapped under the false pretense of lucrative employment opportunities. Similarly, reports have surfaced of a mentally challenged 14-year-old girl being violated in Hafizabad. These horrifying incidents highlight the urgent need to address violence against women in Pakistan. When examining the broader picture of gender equality, Pakistan's ranking on global gender equality indices is a cause for concern. In 2022, the country ranked 145th on the gender equality index. This ranking reflects the significant challenges faced by women in various spheres of life, including education, employment, political representation, and access to healthcare. The data suggests that despite the efforts made towards gender equality, progress has been slow, and significant gaps persist [11]. In addition to the low ranking on gender equality indices, statistics related to the conviction rates for crimes against women reveal a bleak reality. The abysmal 3% conviction rate for rape cases in Pakistan is deeply troubling. This means that the overwhelming majority of perpetrators are escaping accountability, leading to a pervasive culture of impunity. Such a low conviction rate not only fails to provide justice to survivors but also perpetuates a sense of insecurity and fear among women. Another alarming statistic is the increase in rape cases in certain regions of Pakistan. Sindh, for example, witnessed a staggering 200% rise in rape cases in 2022, coupled with a conviction rate of less than 1%. The highest number of reported cases, 185, came from Karachi East. These figures highlight the urgent need for a comprehensive and effective response to combat violence against women at both the regional and national levels. The data also sheds light on the impact of societal attitudes and institutional challenges on women's rights in Pakistan. Instances where influential voices and institutions make light of rape or engage in victim-blaming contribute to the perpetuation of gender-based violence. Outdated notions, such as advocating for purdah (seclusion) based on the belief that "men are not robots," only serve to reinforce harmful stereotypes and restrict women's freedoms. Additionally, the persistence of archaic laws that invoke notions of "virtue" to argue against sexual assault further impedes progress in achieving gender equality. To address these pressing issues, Pakistan must take concrete steps to promote gender equality and protect women's rights. Strengthening legislation is crucial, but equally important is the effective implementation and enforcement of these laws. Law enforcement
agencies need adequate resources and training to handle cases of violence against women sensitively and efficiently.
In a nutshell, the current state of women's rights in Pakistan reflects a significant lack of gender equality and widespread violence against women. The latest data and statistics highlight the urgent need for comprehensive efforts to address these issues effectively. By implementing legislative changes, strengthening institutions, fostering cultural and social change, and promoting collaboration among stakeholders, Pakistan can strive towards a future where women are protected, empowered, and free from discrimination. It is through these collective efforts that Pakistan can work towards achieving gender equality and eliminating violence against women, aligning with the principles of CEDAW and the Beijing Declaration.
5. Progress in Implementing Gender Equality in Pakistan: Legislative Reforms and Efforts to Eradicate Discriminatory Practices
Pakistan has shown significant progress in implementing gender equality through legislative reforms and efforts to eradicate discriminatory practices. These initiatives align with international standards such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration [12,13]. Here is an overview of the key legislative changes and initiatives:
Legislative Reforms Following CEDAW and Beijing Declaration
I.Protection Against Harassment of Women at the Workplace Act (2010): In addition to addressing workplace harassment, this act mandates the formation of Internal Complaint Committees (ICCs) at organizations to receive and investigate complaints. It emphasizes the importance of creating harassment-free workplaces and promoting gender equality in employment. The act also prohibits retaliation against complainants [14].
II.Acid Control and Acid Crime Prevention Act (2011): This legislation criminalizes acid attacks and imposes stringent punishments on perpetrators. It also requires the government to establish rehabilitation centers and medical facilities for survivors, ensuring their access to necessary support services. The act aims to protect women from gender-based violence and promote their right to live free from harm [15].
III.Prevention of Anti-Women Practices Act (2011): Going beyond criminalizing harmful practices, this act recognizes the rights of women and provides legal protection against discriminatory customs. It addresses practices such as forced marriages, giving women as compensation, and depriving women of inheritance rights. The act aims to protect women's rights and promote gender equality by challenging deeply entrenched cultural norms that perpetuate discrimination [16,17].
IV.Transgender Persons (Protection of Rights) Act (2018): This landmark legislation recognizes the rights and challenges faced by transgender individuals in Pakistan. It grants them the right to self -identify their gender, protects against discrimination in employment and educational institutions, and ensures access to healthcare services. The act also establishes a National Council for Transgender Persons to address issues related to their welfare and protection [18].
V.Criminal Law (Amendment) Act (2016): This amendment to the criminal law focuses on enhancing legal protection for women against various forms of violence. It introduces stricter penalties for offenses such as domestic violence, acid attacks, and honor killings. The act also establishes special courts for speedy trials, protection of survivors and witnesses, and the provision of legal aid [19].
VI.Punjab Protection of Women Against Violence Act (2016): Enacted in the Punjab province, this comprehensive legislation addresses various forms of violence against women, including domestic violence, emotional abuse, and economic exploitation. The act establishes a toll-free helpline, protection centers, and shelters for survivors. It also provides legal aid and assistance to ensure access to justice for victims [20].
A. Efforts to Eradicate Discriminatory Practices:
Pakistan has implemented policy initiatives to eradicate discriminatory practices and promote gender equality:
I.National Policy for Development and Empowerment of Women (2002): This policy framework encompasses various sectors and emphasizes equal opportunities for women. It highlights the importance of equal access to education, healthcare, employment opportunities, and political representation. The policy aims to reduce gender disparities and promote women's socio-economic empowerment [21,22].
II.Educational Reforms: The Girls' Education Program and Conditional Cash Transfer Program are initiatives that prioritize girls' education. These programs provide financial incentives, scholarships, and support to encourage girls' enrollment and retention in schools. They aim to overcome barriers to education and empower girls with knowledge and skills [23].
Pakistan's commitment to eradicating discriminatory practices and promoting gender equality is evident in its legislative reforms and policy initiatives. However, challenges remain in effective implementation, raising awareness, and changing societal attitudes. Continued efforts are needed to address gaps, strengthen enforcement mechanisms, and promote a culture of gender equality in Pakistan. By investing in capacity building, sensitization programs, and institutional reforms, Pakistan can overcome these challenges and achieve lasting change in its pursuit of gender equality.
6. Reservation to CEDAW in context to its implementation in Pakistan
Pakistan has expressed reservations to certain articles of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) during its ratification process. These reservations pertain to provisions that may conflict with the country's domestic laws and cultural norms. It is important to note that while reservations are allowed under international law, they should not undermine the core principles and objectives of the treaty [24,25,26].
> One of the reservations Pakistan made relates to Article 2 of CEDAW, which calls for legislative and other measures to eliminate discrimination against women. Pakistan's reservation specifies that any legislation inconsistent with the Quran and the Sunnah (teachings and practices of Islam) shall not be deemed discriminatory.
> Additionally, Pakistan has reservations concerning CEDAW's provisions related to family planning (Article 16), equality in marriage and family relations (Article 16), and adoption (Article 21). These reservations reflect the country's desire to uphold religious and cultural values in matters concerning family and reproductive rights.
While these reservations indicate certain limitations on the full implementation of CEDAW in Pakistan, it is important to highlight that the government has taken various steps to promote gender equality and women's rights within the framework of its reservations. For instance, legislation has been enacted to criminalize violence against women, increase women's political participation, and enhance access to education and healthcare. The reservations made by Pakistan should be seen in the context of the country's commitment to upholding religious and cultural norms while striving to promote gender equality. Efforts are ongoing to address the remaining challenges and ensure that the principles and objectives of CEDAW are effectively implemented within the country's legal and cultural framework [27,28,29].
• Interpreting Islam and Women's Rights Implementing CEDAW in Pakistan
Interpreting Islam and women's rights while implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Pakistan is a complex and nuanced process. It involves reconciling the principles of gender equality enshrined in CEDAW with the religious and cultural context of Pakistan, primarily rooted in Islam [30].
In Pakistan, there is a diversity of interpretations of Islamic teachings, and varying perspectives exist regarding the compatibility of women's rights with religious norms. Some argue for a progressive interpretation of Islam that upholds the principles of gender equality and women's empowerment, while others hold more conservative views that may reinforce traditional gender roles. When implementing CEDAW in Pakistan, efforts are made to promote women's rights while respecting religious and cultural sensitivities. The interpretation of Islamic principles is often emphasized to highlight the compatibility of women's rights with Islamic teachings. Islamic scholars,
women's rights activists, and legal experts engage in ongoing dialogue to find common ground and develop strategies that respect religious beliefs while advancing gender equality. In this context, several initiatives have been undertaken to raise awareness and challenge discriminatory practices. These include educational programs that promote a more gender-equitable understanding of Islam, religious sermons and teachings emphasizing women's rights, and engaging with religious leaders to foster a supportive environment for women's empowerment.
Furthermore, legal reforms and policy measures aim to strike a balance between religious and cultural considerations and the promotion of women's rights. For instance, legislation addressing violence against women and promoting women's political participation has been enacted within the framework of Islamic principles and values. While challenges remain, the process of interpreting Islam and implementing CEDAW in Pakistan involves ongoing efforts to foster dialogue, challenge discriminatory practices, and promote gender equality within the religious and cultural context. It requires a delicate balance between respecting religious beliefs and ensuring the full realization of women's rights as enshrined in CEDAW [31,32].
7. Hurdles in implementing CEDAW and Beijing Declaration in Pakistan
Implementing CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and the Beijing Declaration in Pakistan faces several hurdles [33,34,35,36,37,38]. These hurdles include:
I.Patriarchal societal norms: Pakistan's patriarchal societal norms are deeply rooted and often prioritize male authority and control over women's lives. Gender roles are often rigidly defined, with women expected to conform to traditional roles as caregivers and homemakers. These norms reinforce gender inequalities and limit women's access to education, employment opportunities, and decision-making power.
Case Study: The practice of "honor killings" exemplifies the impact of patriarchal norms on women's lives in Pakistan. Honor killings are perpetrated against women who are believed to have brought dishonor to their families, often through actions such as seeking divorce, engaging in premarital relationships, or marrying against their family's wishes. Despite legal measures to combat this practice, societal acceptance, weak enforcement, and cultural resistance continue to perpetuate these crimes.
II.Limited awareness and understanding: Many individuals, including government officials, judiciary members, and the general public, have limited awareness and understanding of women's rights and gender equality. This lack of awareness hampers the effective implementation of CEDAW and the Beijing Declaration.
Case Study: The concept of consent in cases of sexual assault and harassment is often misunderstood in Pakistani society. The lack of awareness and sensitivity surrounding these issues can result in victim-blaming, trivialization of crimes, and inadequate legal responses. This highlights the importance of education and awareness campaigns to foster a better understanding of women's rights and promote gender equality.
III.Inadequate institutional capacity: Government agencies responsible for implementing gender equality measures often face challenges related to limited resources, inadequate training, and a lack of coordination. These factors undermine the effective enforcement of laws and policies promoting women's rights.
Case Study: The lack of institutional capacity within the police force contributes to the underreporting and mishandling of causes related to violence against women. Limited resources, biased attitudes, and a lack of gender-sensitive training within the police system hamper efforts to protect and support victims.
IV.Insufficient legal reforms: While Pakistan has made legislative reforms to align its laws with international standards, gaps and inconsistencies persist. Some laws lack clarity, while others are not effectively enforced, limiting their impact on promoting gender equality.
Case Study: The Hudood Ordinances, introduced in the 1980s, criminalized extramarital sex and placed a heavier burden of proof on women in cases of rape. These laws were widely criticized for
their discriminatory nature and negative impact on women's rights. Although amendments have been made to the laws, their implementation and enforcement continue to present challenges.
V.Challenges in access to justice: Women in Pakistan face various challenges in accessing justice, including cultural barriers, lack of legal awareness, corruption, and lengthy legal processes. These obstacles discourage women from seeking redress for gender-based discrimination and violence. Case Study: Many women in rural areas face significant difficulties in accessing justice due to geographical distances, lack of transportation, and limited legal aid services. These challenges further marginalize women and impede their ability to seek legal remedies.
VI.Socio-economic disparities: Widespread socio-economic disparities in Pakistan contribute to gender inequality. Limited access to quality education, economic opportunities, and healthcare disproportionately affects women, particularly those from marginalized communities.
Case Study: Women from marginalized communities, such as rural areas and lower-income households, face barriers in accessing education. Factors such as poverty, cultural norms, and early marriages often result in higher dropout rates among girls, limiting their future prospects and perpetuating gender disparities.
VII.Resistance to change: Conservative elements within society, driven by cultural and religious beliefs, often resist gender equality measures. Such resistance can slow down progress in implementing CEDAW and the Beijing Declaration.
Case Study: The Women's Protection Act of 2006, aimed at addressing domestic violence, faced significant opposition from conservative religious groups who argued that it undermined family values and Islamic principles. This resistance highlights the challenges faced in changing deeply entrenched beliefs and societal attitudes.
Addressing these hurdles requires concerted efforts from various stakeholders, including government institutions, civil society organizations, and communities. Education and awareness programs, capacity-building initiatives, policy reforms, and dialogue with conservative elements are crucial for creating an enabling environment for gender equality in Pakistan.
8. Why Pakistan failed to achieve gender equality even after signing CEDAW and Beijing Declaration
Pakistan has experienced a concerning gap between symbolic reforms and practical actions when it comes to achieving gender equality. While the country has made commitments through international agreements and introduced laws and policies to promote women's rights, the actual implementation and enforcement of these measures have been lacking [39,40]. One of the key issues is the lack of concrete actions taken to translate these reforms into tangible results. Despite the existence of legal frameworks and policies, their implementation has often been inadequate or inconsistent. This discrepancy between rhetoric and action undermines the effectiveness of gender equality efforts, leaving women without the necessary support and protection they need [41].
Financial resources, or the lack thereof, play a significant role in this implementation gap. Insufficient funding allocated to gender equality programs and initiatives hampers their effective implementation. Without adequate resources, it becomes challenging to establish and sustain the necessary infrastructure, services, and support systems needed to advance women's rights. The limited financial commitment sends a message that gender equality is not a priority, leading to a lack of practical action on the ground.
Additionally, political will and commitment are crucial in translating symbolic reforms into meaningful change. While Pakistan has shown its commitment through signing international agreements and introducing legal reforms, the actual political will to implement and enforce these measures remains inconsistent. Without strong political leadership and genuine dedication to gender equality, reforms can remain hollow and fail to bring about substantial improvements in the lives of women [42,43].
Furthermore, a lack of accountability and monitoring mechanisms contributes to the implementation gap. When there are no systems in place to hold institutions and individuals
accountable for their actions, the enforcement of gender equality measures becomes weak. It is essential to establish robust monitoring and evaluation systems to ensure that policies and programs are effectively implemented and progress is continuously assessed.
To bridge the gap between symbolic reforms and practical action, Pakistan must prioritize the effective implementation and enforcement of gender equality measures. This requires a comprehensive approach that includes allocating sufficient financial resources, strengthening political commitment, establishing accountability mechanisms, and fostering collaboration among various stakeholders. Only through sustained and concerted efforts can Pakistan move beyond symbolic gestures and take meaningful strides towards achieving gender equality and justice for all. 9. Recommendations for Further Progress
While progress has been made, there is still work to be done to fully realize gender equality in Pakistan. To build on the advancements made through CEDAW and the Beijing Declaration, the following recommendations can be considered:
a) Strengthen legislative measures: Continuously review and update existing laws to address gaps and loopholes in protecting women's rights. Introduce comprehensive legislation specifically targeting violence against women, including stricter penalties for offenders and improved mechanisms for reporting and handling cases. This should include legislation on domestic violence, sexual harassment, honor crimes, and forced marriages. Provide clear definitions of these offenses and establish specific protocols for investigation, prosecution, and victim support.
b) Enhance law enforcement and judicial capacity: Invest in training programs for law enforcement personnel and judiciary to sensitize them towards gender-based violence as in Pakistan there is poor and corrupt criminal justice system, improve investigation techniques, and ensure fair and timely trials. Establish specialized courts or designated judges to handle cases related to violence against women. Provide specialized training to police officers and judges on handling cases sensitively, addressing survivor trauma, and collecting evidence. Strengthen the capacity of forensic labs to process DNA evidence and ensure its admissibility in court.
c) Increase women's representation and participation: Promote women's participation and leadership in political, economic, and social spheres. Implement quotas or affirmative action policies to increase women's representation in decision-making bodies at all levels, including parliament, local government, and corporate boards. Provide support and training programs for women interested in running for political office or assuming leadership roles in public and private sectors. Encourage political parties to nominate more women as candidates and create an enabling environment for their active participation.
d) Strengthen education and awareness programs: Integrate gender equality and women's rights education into school curricula and develop awareness campaigns targeting both men and women. Educate communities on consent, gender stereotypes, and the importance of equal opportunities for women. Engage religious leaders and influencers to advocate for women's rights within the framework of their respective faiths. Establish partnerships with educational institutions, civil society organizations, and media outlets to promote gender-sensitive content and challenge harmful narratives.
e) Establish safe spaces and support services: Increase the availability of shelters, helplines, and counseling services for survivors of gender-based violence. Ensure these services are accessible, well-funded, and staffed with trained professionals who can provide psychological, legal, and medical support to survivors. Collaborate with NGOs and community organizations to establish safe spaces where women can seek refuge and receive support. Provide comprehensive rehabilitation programs for survivors, including vocational training, job placement assistance, and access to healthcare.
f) Improve economic opportunities for women: Encourage entrepreneurship and provide access to credit and financial resources for women. Establish skill development programs that equip women with marketable skills and facilitate their entry into non-traditional sectors. Promote inclusive hiring practices and equal pay for equal work. Create specialized initiatives to support women-owned businesses and provide mentorship programs to foster their growth and
sustainability. Collaborate with employers to create safe and inclusive workplaces that prioritize gender equality.
g) Strengthen data collection and research: Invest in comprehensive and reliable data collection systems that capture gender-disaggregated information on violence against women, access to education, employment, and healthcare. Conduct research to identify the root causes of gender inequality and inform evidence-based policy formulation. Support academic institutions and research organizations in conducting studies and surveys that focus on women's rights issues. Utilize data to track progress, identify gaps, and target interventions effectively.
h) Foster international cooperation and partnerships: Collaborate with international organizations, neighboring countries, and regional bodies to exchange best practices, share experiences, and learn from successful initiatives. Seek support from the international community to strengthen institutions, implement programs, and advocate for women's rights. Participate actively in regional and global forums on gender equality to contribute to policy discussions and leverage resources and expertise available at the international level.
By implementing these recommendations, Pakistan can make significant strides towards achieving gender equality, protecting women's rights, and creating a more inclusive and equitable society. These actions require a sustained commitment from all stakeholders, including the government, civil society organizations, religious leaders, and the international community. It is through a collective effort that Pakistan can address the systemic challenges and transform the status of women in the country.
10. Conclusion
In conclusion, the review article titled "Women's Rights Protection: Analysis of Implementation of CEDAW and Beijing Declaration in Pakistan" sheds light on the critical issues of gender equality and women's violence in Pakistan, with a specific focus on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration. The article presents distressing statistical data that underscores the urgent need for concrete actions to address the prevailing challenges. The alarming statistics revealed in the article depict the grim reality of the current situation in Pakistan. Incidents of rape, such as the eight reported cases in Lahore within 48 hours, including victims ranging from teenagers to maids and nurses, highlight the urgency and magnitude of the issue. Additionally, the presence of a "rape epidemic," with a rape occurring every two minutes in the country, further accentuates the pressing need for immediate action. It is disheartening to note the abysmal conviction rates of 3% and under 1% in different regions, reflecting a significant gap between the reported incidents of violence against women and the actual legal recourse and justice provided. While acknowledging the gravity of the situation, the review article also recognizes the positive steps taken by Pakistan to address violence against women in alignment with CEDAW and the Beijing Declaration. The country's recognition of these international agreements signifies a commitment to promoting gender equality and protecting women's rights. Legislative reforms aimed at addressing women's issues are seen as a step in the right direction. However, the article emphasizes the need for effective implementation of these laws and policies, as symbolic reforms alone do not yield tangible results. The challenges faced in implementing legislation, including deeply rooted patriarchal norms, gender-based violence, limited access to education and healthcare, and barriers to women's economic empowerment, highlight the complex and multifaceted nature of achieving gender equality. To overcome these challenges, the review article provides valuable recommendations. Strengthening legislation and improving the capacity of law enforcement agencies are crucial to effectively address cases of violence against women. Cultural, social, and religious sensitivity should be considered when addressing violence against women, and collaboration among different stakeholders is vital for a comprehensive and coordinated approach. Additionally, the importance of comprehensive national action plans, encompassing various dimensions such as economic opportunities, employment, and social security for women, is emphasized.
In a nutshell, the review article underscores the urgency of addressing gender equality and women's violence in Pakistan. The statistical data presented reveals the magnitude of the issue, calling for immediate action. While recognizing the positive steps taken, the article highlights the need for concrete implementation of laws and policies. By implementing the recommended measures and fostering collaboration among stakeholders, Pakistan can strive towards a future where women are protected, empowered, and free from discrimination. It is through these concerted efforts that Pakistan can achieve true gender equality and effectively eliminate violence against women, in accordance with the principles of CEDAW and the Beijing Declaration.
Bibliography
1. Ali, Faiza, and Jawad Syed. "From rhetoric to reality: A multilevel analysis of gender equality in Pakistani organizations." Gender, Work & Organization 24.5 (2017): 472-486.
2. Ozbilgin, Mustafa F., et al. "International transfer of policies and practices of gender equality in employment to and among Muslim majority countries." Gender, Work & Organization 19.4 (2012): 345-369.
3. Holtmaat, H. M. T., and Henriette Sinding-Assen Anne Hellum. "CEDAW: A holistic approach to women's equality and freedom." Women's Human Rights: CEDAW in International, Regional and National Law. (2013): 95-124.
4. Women, U. N. "Beijing Declaration and Platform for Action-Beijing+ 5 Political Declaration and Outcome." (1995).
5. Weiss, Anita M. "Interpreting Islam and women's rights: Implementing CEDAW in Pakistan." International Sociology 18.3 (2003): 581-601.
6. Shahbaz, Samreen. "Caught in the Cross-Fire of Religion, Culture, and Politics: Women's Sexual and Reproductive Health and Rights in Pakistan." Gender Mainstreaming in Politics, Administration and Development in South Asia (2020): 231-254.
7. Cusack, Simone, and Lisa Pusey. "CEDAW and the Rights to Non-Discrimination and Equality." Melb. J. Int'lL. 14 (2013): 54.
8. Liebowitz, Debra J., and Susanne Zwingel. "Gender equality oversimplified: Using CEDAW to counter the measurement obsession." International Studies Review 16.3 (2014): 362-389.
9. Women, U. N. "Beijing Declaration and Platform for Action-Beijing+ 5 Political Declaration and Outcome." (1995).
10. Niaz, Unaiza. "Violence against women in South Asian countries." Archives of women's mental health 6 (2003): 173-184.
11. Amir-ud-Din, Rafi, and Faisal Abbas. "Development and women: An analysis of spousal violence against women in Pakistan." Perspectives on contemporary Pakistan. Routledge, 2020. 106-124.
12. Ozbilgin, Mustafa F., et al. "International transfer of policies and practices of gender equality in employment to and among Muslim majority countries." Gender, Work & Organization 19.4 (2012): 345-369.
13. Weiss, Anita M. Moving forward with the legal empowerment of women in Pakistan. Washington: US Institute of Peace, 2012.
14. Khan, Maria, and Ayesha Ahmed. "The protection against harassment of women at the workplace act 2010: A legislative review." LUMS LJ 3 (2016): 91.
15. von Werlhof, Emily. "Scarred for life: The impact of the Acid Control and Acid Crime Prevention Act of 2010 on addressing violence against women in Pakistan." International review of law 2013.4 (2014): 3.
16. Noreen, Naveeda, and Razia Musarrat. "Protection of women rights through legal reforms in Pakistan." Journal of Public Administration and Governance 3.4 (2013): 119-142.
17. IPS Task Force. "Legislation on" Women and Family" in Pakistan Trends and Approaches—III." Policy Perspectives (2011): 85-111.
18. Redding, Jeffrey A. "The Pakistan Transgender Persons (Protection of Rights) Act of 2018 and its impact on the law of gender in Pakistan." Austl. J. Asian L. 20 (2019): 103.
19. Sharma, Chetna. "Citizenship Amendment Bill 2016: continuities and contestations with special reference to politics in Assam, India." Asian Ethnicity 20.4 (2019): 522-540.
20. Khursheed Siddiqi, Muhammad. "The Punjab Protection of Women against Violence Act 2016: A Legislative Review." LUMS LJ 3 (2016): 100.
21. Government of Pakistan (GoP). "National Policy for Development and Empowerment of Women." (2002).
22. Hafkin, Nancy. "Gender issues in ICT policy in developing countries: An overview." UN division for the advancement of women expert group meeting on Information and communication technologies and their impact on and use as an instrument for the advancement and empowerment of women, Seoul, Republic of Korea. 2002.
23. Aziz, Mehnaz, et al. Education system reform in Pakistan: why, when, and how?. No. 76. IZA policy paper, 2014.
24. Tazeem, Mahwish. Universal Human Rights of Women in Local Context: Challenges of Implementing the United Nation Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in Pakistan. McGill University (Canada), 2015.
25. Weiss, Anita M. "Interpreting Islam and women's rights: Implementing CEDAW in Pakistan." International Sociology 18.3 (2003): 581-601.
26. Freeman, Marsha A. "Reservations to CEDAW: An analysis for UNICEF." Policy and Practice (2009): 48.
27. Freeman, Marsha A. "Reservations to CEDAW: An analysis for UNICEF." Policy and Practice (2009): 48.
28. Tazeem, Mahwish. Universal Human Rights of Women in Local Context: Challenges of Implementing the United Nation Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in Pakistan. McGill University (Canada), 2015.
29. Cheema, Zaheer Iqbal, and Shahrul Mizan Ismail. "Legal Effects of Muslim States' Reservations to the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)." J. Int'lL. IslamicL. 17 (2021): 150.
30. Weiss, Anita M. "Interpreting Islam and women's rights: Implementing CEDAW in Pakistan." International Sociology 18.3 (2003): 581-601.
31. Sudduth, Jennifer T. "CEDAW's Flaws: A Critical Analysis of Why CEDLAW is Failing to Protect a Woman's Right to Education in Pakistan." JL & Educ. 38 (2009): 563.
32. Ali, Shaheen Sardar. "Navigating religion, politics and cultural norms: The arduous journey toward domestication of CEDAW in Pakistan." Journal of Peace, Conflict & Development 19 (2012): 43-60.
33. Weiss, Anita M. "Interpreting Islam and women's rights: Implementing CEDAW in Pakistan." International Sociology 18.3 (2003): 581-601.
34. Weaver, Katherine M. "Women's rights and Shari'a Law: A workable reality? An examination of possible international human rights approaches through the continuing reform of the Pakistani Hudood Ordinance." Duke J. Comp. & Int'l L. 17 (2006): 483.
35. Neuwirth, Jessica. "Inequality before the law: Holding states accountable for sex discriminatory laws under the Convention on the Elimination of All Forms of Discrimination against Women and through the Beijing Platform for Action." Harv. Hum Rts. J. 18 (2005): 19.
36. Noureen, Ghazala, and R. Awan. "Women's education in Pakistan: hidden fences on open frontiers." Asian Social Science 7.2 (2011): 79-87.
37. Kennedy, Charles H. "Islamization in Pakistan: Implementation of the Hudood ordinances." Asian Survey 28.3 (1988): 307-316.
38. Shujja, Sultan, Mohsin Atta, and Jawwad Muhammad Shujjat. "Prevalence of bullying and victimization among sixth graders with reference to gender, socio-economic status and type of schools." Journal of Social Sciences 38.2 (2014): 159-165.
39. Neuwirth, Jessica. "Inequality before the law: Holding states accountable for sex discriminatory laws under the Convention on the Elimination of All Forms of Discrimination against Women and through the Beijing Platform for Action." Harv. Hum Rts. J. 18 (2005): 19.
40. Ali, Faiza, and Angela Knox. "Pakistan's commitment to equal employment opportunity for women: a toothless tiger?." International Journal of Employment Studies 16.1 (2008): 3958.
41. Critelli, Filomena M. "Beyond the veil in Pakistan." Affilia 25.3 (2010): 236-249.
42. Fayyaz, Shabana. "Feminist Aspects of Pakistan's Foreign Policy." South Asian Women and International Relations. Singapore: Springer Nature Singapore, 2023. 65-82.
43. Porter, Elisabeth. "Women, political decision-making, and peace-building." Global Change, Peace & Security 15.3 (2003): 245-262.
