CEDAW in Pakistan: A Critical Analysis of Legal and Social Implications

About the Author(s)

Adil Nawaz

Author is a final-year law student at Islamia Law College in Peshawar, Pakistan. His research interests include International Law, Constitutional Law, Human Rights Law, and the impact of CEDAW on gender equality. Additionally, he is an active writer on climate change, where he advocate for sustainable legal practices and environmental justice.

Introduction:

CEDAW is a critical lever in the campaign for sexual equality widely referred to as the Charter of Women’s Rights. The CEDAW was adopted in the year 1979 by the UN General Assembly with the overall goal of eradicating discrimination of women in all aspects of life. Pakistan signed CEDAW in 1996 but made provisions and the government accepted to abide by laws that others the Convention. In this article, the manner in which CEDAW is implemented in Pakistan and the social and political consequences for Pakistan are discussed, along with the legal cases that are crucial and the problem of gender discrimination, including the problems faced by transgender individuals.

Key Provisions of CEDAW Relevant to Pakistan:

The following are the legal steps Pakistan has taken to ensure domestication of CEDAW since its ratification:There are also some legislative milestones, including the Protection Against Harassment of Women at the Workplace Act of 2010, Domestic Violence (Prevention and Protection) Act of 2012, and the Acid Control and Acid Crime Prevention Act of 2011 that concerns creating the safety for women, preventing domestic violence and resulting from exposure to acid violence, respectively. New laws such as the Protection Against Harassment of Women at Workplace (Amendment) Act, 2022 have further enhanced the paradigms on Gender Equality.

Since Pakistan has ratified CEDAW it has enacted a number of legal reforms in order to domesticate it’s laws in Light of the CEDAW framework. Prominent enactments are, Protection Against Harassment of Women at the Workplace Act, 2010 aimed at providing a secure working environment to women by enumerating and prohibiting workplace harassment; Domestic Violence (Prevention and Protection) Act, 2012, protecting the women against violence in the home front and providing a mechanism of redressal; and Acid Control and Acid Crime Prevention Act, 2011 regulating the sale of acid and prescribing stringent Laws passed in recent years such as the Protection Against Harassment of Women at Workplace (Amendment) Act of 2022 and the Criminal Laws Amendment Act of 2021 enhance the fight for gender equality since increasing the scope of this concept to include harassment, and properly addressing the cases of rape and sexual abuse with the help of specialized teams and courts.

Legal Steps Taken by Pakistan:

Various organizations have been established by the government of Pakistan to promote gender equality and protect women’s rights. These include the NCSW, tasked with monitoring and leading women’s rights independently, and the Federal Ombudsman Secretariat for Protection Against Harassment of Women at the Workplace, which handles complaints against harassment. There has been an increase in women’s political participation as one of the major impacts of compliance with CEDAW. Article 7 of CEDAW deals with the elimination of discrimination in political and public spheres.

It can be observed that there has been a gradual increase in the involvement of women in politics in Pakistan through the introduction of women’s reserved seats in the National Assembly and provincial assemblies. Nevertheless, challenges still limit women’s participation in politics due to cultural and structural barriers. Women are supposedly allowed to participate in politics based on the constitution but are often denied fair chances due to social culture and traditions in societies that discriminate against women, asserting that it is a male-dominated world.

 Institutional Support for Gender Equality:

CEDAW has sparked discussions and attempts to change inequalities in social and cultural relations. Programs aiming to change conventional gender structures and practices have been critically launched, focusing on education and awareness about gender balance. However, significant threats arise from rigid patriarchal mindsets and strong resistance to change. Various influential legal cases in Pakistan depict the nation’s commitment to observing CEDAW conventions.

Notable Legal Cases:

CEDAW has made people discuss and attempt to change inequalities in social and cultural relations. Programs that envisage change to the conventional gender structures and practices have been critically launched with education and awareness on gender balance. However, there are considerable threats stemmed from having rigid patriarchal mind-sets and prohibitive resistance to change. Variegated influential legal cases in Pakistan depict that the nation remains committed to observing CEDAW conventions. Another brutal case in point is the case of Mukhtar Mai, in year 2002, a woman from rural Pakistan was gang-raped since an honor only revenge ordered by the tribal council. The hunt for justice established gender-based violence in Pakistan on the international level. The other significant event is the Acid Attack Case by Fakhra Younus in 2001 for dowry. Fakhra Younus, who was attacked with acid by her husband, struggles for justice by an equally lengthy legal battle. The occurrence brought about tighter measures concerning the acts through the Acid Control and Acid Crime Prevention Act in 2011.

Comparative Legal Experiences:

On this basis, the legal experience of other countries also highlights the importance of the protection of women’s rights. In Opuz v. Turkey 2009 Turkey was held to have violated Article 2, 3, and 14 of the European Convention on Human Rights since it did not protect Nahide Opuz from domestic violence, thus highlighting the government’s obligation in protecting people from the abuse. Amicus briefs for the case of Gonzalez et al. (“Cotton Field”) v. Mexico (2009) by the Inter-American Court of Human Rights criticized that Mexican government was not effectively preventing gender-based violence, thus revealing the state’s obligation to protect women against violence and sexism. In the case of A. T. v. Hungary (2005), the Committee decided that Hungary failed to meet its obligations concerning the prohibition of discrimination on the ground of gender and women’s rights in particular, because the State was unable or unwilling to protect a woman from domestic violence while it was under the government’s duty to ensure effective measures.

Challenges in Implementation:

Despite advancements in laws and institutions, Pakistan faces barriers in fully implementing CEDAW. While enforcing the laws that uphold women’s rights, there is a lack of resources. Most cultural superstitions and norms originating from the predominance of male chauvinism prove to be counterproductive to the community and maintain the status quo of female oppression. The implementation of laws is often inadequate due to low levels of compliance, influence from the baset and, or poor institutional arrangements, which results in major deficits. Violent atrocity and systematic oppression of women still prevent them from engaging in politics and being economically active due to social injustices like the patriarchal society. Transgender people enjoy legal protection of their rights but find it hard to get that protection enforced and accepted by the society.

Conclusion:

Women’s rights within the country have been given a voice with the approval of this treaty in Pakistan. It is especially important to note that social changes that have affected the development of women observed in legislative and institutional level. However, the way to the gender equality with women being no less than men is still paved with challenges. The real problem that hinders progress is lack of change of culture that supports continuous patriarchy, culture, and lack of efficient police work. These issues should be accomplished within the framework of the gender equality and deserve to be a priority so that the transsexual people can count on the rights and acceptance from society.

Criticizing CEDAW history in Pakistan it still provide an evidence of the role of gender in International Relations. It explains how legal instruments like CEDAW influence local laws and policies, and how adjustments in these laws and policies may, in turn, impact women, and transgender persons’ lives on a daily basis. Thus, Pakistan can bring new laws and ideas, protest against the non-legal changes and influence new norms, its aim is to change society into one that is fair for anyone, no matter gender. As a step towards the realization of the Pakistani gender equality as prescribed in the CEDAW, one will have to always remain ardent, vigilant and committed, to overcome deep rooted cultural bias. Thus, common endeavor of the government, civil society, and international organizations will ensure that the CEDAW principles are complied and implemented in socio political framework of Pakistan, which will lead the way.