The State Of Women In The Asian Region and the Non Implementation of CEDAW

VICIOUS CYCLE OF GENDER DISPARITY Patriarchal mindset Cultural and religious discrimination Inadequate political representation Denial of access to fundamental rights Socio economic discrimination

Genesis of state violence against women Violence against women The superior judiciary does not hold the subordinate judiciary accountable for failing to give justice to women Police attitude towards women victim of a crime is that of hegemonic masculinity Judiciary maintains a patriarchal and misogynist attitude towards women Police officers are not held accountable for failing to investigate gender-based crimes

Gender Gap Index 2014 Asian States CountryOverallEconomic participation Education attainment Health and survival Political empowerm ent Philippines Thailand Bangladesh Sri Lanka China Indonesia Malaysia Nepal India Iran Pakistan

Societal attitude causing Non implementation of CEDAW in Asian states  Gender stereo typing and rigid gender roles as dictated by cultural and religious norms do not let the women become economically empowered as envisaged in Article 11 of CEDAW.  The right to education which is a fundamental right of every person is denied to many women in Asia. Thus many such underprivileged women are unaware of their rights.  Many Asian societies demand and encourage submissive roles of women in the decision making process. Women have little or no say in issues concerning their health, or right to choose life partner implementation of Article 16 of CEDAW thus comes to a naught.

 The patriarchal Asian cultural prefers male child over the female which perpetuates gender discrimination. Article 5 becomes redundant in the face of such deep rooted prejudice.  In many countries such as Pakistan where in areas like Dir and Gilgit Baltistan women are not allowed to vote as it is considered a shame for the family to let the women step out of the house to vote. Though Article 7 and 8 of CEDAW guarantees women right to vote, the tribal and cultural dictates do not allow women the liberty to enjoy this right.  Though CEDAW legitimizes and institutionalizes women’s right the Cultural differences with the provisions create a hurdle in its implementation.

State’s attitude on the implementation of CEDAW  CEDAW is amongst the soft convention that do no make implementation of its provision binding upon the state, it provides principle and not rules allowing state parties an escape route if a violation occurs.  Many laws enacted by states while seemingly focused on the advancement of women, fall short of their objectives because of poor enforcement, limited capacity, lack of political will and weak accountability.  Many signatory Asian Muslim countries have raised the reservation of CEDAW’s provision contradicting with the Shariah, thus reducing CEDAW to a symbolic commitment.

 Some critics of convention state that the scope of CEDAW is very broad and to cover the shortcomings, provides for reservation by the signatory states thus losing its efficacy.  Each signatory state particularly those in Asia has its own definition of gender disparity and sexuality that results in multitude interpretation of provisions of CEDAW in the local laws.  States mired in civil war or extremism are more prone to abusing their women, implementation of CEDAW becomes an uphill task. In the face of gross human right violation such as genocide women’s right take a back seat.