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 Read About the IssuesNews and Archives from International Organisations
İEmpowering
Widows |
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This
is the Internet issue of Widows' Law File (WLF).
We hope it will be ground breaking. We need you who are the users
to help us to make it work to its full potential and fill in the gaps.
Litigation involving the interpretation or application of women's
human rights norms has been sparse, and when it occurs it is unlikely
to be reported. With your contributions on hitherto unreported legal
actions the next issue will be fuller and better. As it is not yet
available in hard copy please print it for those organisations and
groups that have no Internet access.
Editorial: FOCUSING ON NEGLECT OF WIDOWS' HUMAN RIGHTS Focusing on widows' rights and dealing with those hidden pockets of discrimination within the private area of personal status and accommodated under customary laws, WLF should have an impact on the lives of all women in traditional societies, what ever their marital status. We support Nafik Sadik (UNFPA) who has said that we must not shrink from fighting the cruel gender-related discrimination (by non-state actors) that lies hidden and neglected within the private world of the family; a world where female lives are governed by often archaic interpretations of customary law. Violence against widows is now widespread and unrestrained. We must take off our kid gloves and take action internationally, regionally, nationally and locally. EWD is here to channel your testimonies and activities to the international community and disseminate your experience. As we move into the twenty-first century, the biggest challenge is to reveal and forcefully address the widespread neglect of women's human rights, especially of those of widows. WLF is launched as a legal tool to assist all victimised Third World widows, their organisations and lawyers to secure their fundamental human rights in accordance with the law. (We define “law” broadly to include international human rights law, constitutional guarantees, national modern laws, traditional religious, and local law; case-law and the policies of government, NGOs and the private sector; indeed all regulations and rules which impact upon widows and their children or other dependants.) WLF aims to extend, clarify and build on the growing body of women's human rights jurisprudence by disseminating information on law and policy reform, case-law, and empowerment strategies. Rampuneet Devi was widowed at 7 when her husband died eight days after their marriage. She was tortured by her brother-in-laws. They poured boiling water, with chillies in it, over her. Bihar, India. WLF is intended to be used as a legal training tool for law students, paralegals, women's lawyers, magistrates, judges, police, legislators, other officials and all policy makers and programmers involved in women's rights. Hopefully it will provide them with a better understanding of the issues at stake and the role the law can play to protect widows and their children and promote their status. Ultimately empowerment of widows depends on widows themselves organising and being the catalysts for change. Only thus will they and their advisers successfully access new human rights laws. Legislation alone cannot help.International ContextAs
this first issue goes on to the internet,
the CEDAW has received 160 ratifications
and the CEDAW committee will have
completed its Nineteenth Session; the Commission on the Status of
Women prepares for its 1999 meeting (themes: Institutional Mechanisms;
Women and Health); and such international instruments as the UN Convention
on the Elimination of All Forms of Discrimination against Women, the
UN Children's Convention and the UN Declaration on the Elimination
of Violence against Women are all assumed (wrongly) to be now
widely known and well used instruments to protect women and promote
their status. “Human rights” and “gender” have
become key basic “buzz words” in the plethora of mission
statements issuing from donors, governments and agencies.
Leverage
therefore exists for action by widows' NGOs. For example in proposing
amicus curae briefs, public interest
litigation, in using the opportunities provided by the reporting procedures
of the
CEDAW Committee, the UN Special Rapporteur on the Elimination of
Violence to Women, and the Optional Protocol. Nevertheless,
millions of Third World widows, disinherited, evicted, victims of
violence, poverty, property-grabbing, and marginalisation continue
to remain outside the remit of all the above. They struggle to survive
without legal protection, legal rights or legal aid. Of all women,
they are the least empowered to use new laws. In
spite of the emerging international consensus that gender equality,
including specific attention to women in development, is key to achieving
sustainable, people-centred development, the poverty, oppression and
discrimination which, cross-culturally, is a common feature of widows'
lives, remain neglected. As
we move towards the millennium, war, civil strife, and disease (AIDS)
and natural disasters increase creating more millions of widows: child
widows, young widows, old widows and orphans. Over and above the practical
and emotional difficulties these new widows confront they face the
terrible deprivation of their basic fundamental human rights –
shelter, food, health care, employment, education of children, access
to the justice system, legal protection of person and property –
and often life itself.
Widows' daughters kept home from school to look after their younger siblings. Malawi. Landmarks and MilestonesSomewhere
sometime however a few brave widows, courageous lawyers and creative
civilised judges meet in law courts to emerge with landmark decisions.
Such cases are rarely reported, but, with your help, WLF
will fill this gap. A
judicial decision that the CEDAW,
the equality provisions in a national constitution, or a reformed
modern law must take precedence over the interpretations of oppressive
traditional or religious law merits maximum publicity. Once reported
it can be cited and applied in all common law jurisdictions and even
elsewhere. Cases like Ephraim v Pastory (Tanzania), or Shah
Bono (Botswana) glow like stars in a dark sky.
Principles
of human rights, as shown in the two cases above provide a basis for
negating retrogressive traditions and customs which are adverse to
position of women in society and their enjoyment of human rights.
Another
technique of potential significance is the "repugancy clause"
which, in Commonwealth jurisdictions has long been used to check the
application of custom against the written law. Lost
actions and the failure of the judiciary to apply international women's
human rights law also need publicity in order to shame governments
into reform. The lack of prosecutions in the Roop Kanwar sati
case in India, the dismal implementation of the Ghana Penal
Code amendment on violence to widows in mourning rites, or the facts
of women's oppression in Pakistan under Hudood Ordinances illustrate
the point. We also want to report the circumstances where widows have
been unable to access the justice system, because of cultural barriers,
threats of violence, lack of money and of free legal aid.
FIDA and paralegal teams are key players
in monitoring these injustices and reporting to us such human rights
breaches.
This young woman was widowed at 15 with a small child. Malawi. Supporting the Information Exchange and Partnership development. WLF invites its readers to send in concise information on widow-relevant developments in law and policy; case law; decisions in local, religious and traditional courts; widows' experiences; widows' organisations; meetings and events and media coverage of widowhood. We also want to hear about how law reform is actually followed up. If there is an amendment to the Penal Code containing sanctions against degrading and harmful mourning rites or a new domestic violence or inheritance law (as in Zimbabwe), tell us whether this new law is publicised, used or ignored. Inform us about the status of the CEDAW in the courts and the status of your government's reservations. We will also publicise recent research and publications, workshops and conferences. Send us summaries of reports, articles and books about widows. Your organisations will be credited Please send contributions to: WRI |
