----- Original Message ----- From: <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Cc: <[EMAIL PROTECTED]> Sent: Friday, April 19, 2002 1:01 AM Subject: Re: [AgeingNet] Fw: discussion forum - international instruments
> Dear Marisa, > > I hope you would also agree that though the Convention > on the Elimination of All Forms of Discrimination > Against Women (CEDAW) does not contain specific > provisions to protect the rights of widows, the > Convention is equally applicable and lays emphasis on > the Government to take measures to eliminate all forms > of discrimination against women, which include elderly > and widows. Under the Convention, governments are > obliged to adopt measures required for the elimination > of discrimination in all its forms and manifestations. > Among others, Article 2 of the CEDAW specifically > states: > > "States Parties condemn discrimination against women in > all its forms, agree to pursue by all appropriate means > and without delay a policy of eliminating > discrimination against women and, to this end, > undertake: > > a) To embody the principle of the equality of men and > women in their national constitutions or other > appropriate legislation if not yet incorporated therein > and to ensure, through law and other appropriate means, > the practical realization of this principle; > b) To adopt appropriate legislative and other measures, including > sanctions where appropriate, prohibiting all discrimination against > women; > c) To establish legal protection of the rights of women > on an equal basis with men and to ensure through > competent national tribunals and other public > institutions the effective protection of women against > any act of discrimination; > d) To refrain from engaging in any act or practice of discrimination > against women and to ensure that public authorities and institutions > shall act in conformity with this obligation; > e) To take all appropriate measures to eliminate > discrimination against women by any person, > organization or enterprise; > f) To take all appropriate measures, including > legislation, to modify or abolish existing laws, > regulations, customs and practices which constitute > discrimination against women; > g) To repeal all national penal provisions which > constitute discrimination against women." > > Besides, CEDAW the other Conventions and Declarations > are equally applicable to elderly women and the States parties are > obliged to take measures to remove all kind of discriminatory > practices. The Universal Declaration of Human Rights, Convention on > the Rights of the Child, Declaration on the Elimination of Violence > Against Women etc., are in the right direction. > > The ageing of the population is increasingly recognized > as a fact, which is changing the composition of > societies and the work force. In recognition of their problems and > also to remind the nations to take measures for their safety and > welfare, the UN designated the year 1999 as the "International Year of > the Elderly". Earlier in 1994 the UN had observed > "International Year of the Family" focussing on the > responsibilities of the families towards the care and > protection, inter alia, of persons with disabilities > and also the elderly. The elder persons, technically > speaking, are not disabled but who often have less > physical strength to join the work force. > > Keeping in view their growing number and the > multiplicity of problems being faced by them around the world, the > United Nations with an aim to prepare and guide the States parties > towards taking a concerted action towards the protection of these > persons and for their better caring has adopted the International Plan > of Action on Ageing at the World Assembly on Ageing > held at Vienna, Austria in 1982. The plan of action > postulates the Principles for Older Persons to be > practiced by the States parties including the > government, family members and the society at large. > > As many of us are aware in countries like USA where the "Americans > with Disabilities Act" to some extent considers elderly at par with > persons with disabilities and provides protection to them. That's how > I suggested and once again request the group to share > their experiences and the legislations existing in > their respecive jurisdictions which will not only > promote fruitful discussions but also help in > understanding the subject. > > > With regards, > > Yours sincerely, > > Sadiq Jilani Syed (India). > > On Thu, 18 April 2002, "Ageingnet Moderator" wrote > > > > > > > > ----- Original Message ----- > > From: "Marisa Gomez" <[EMAIL PROTECTED]> > > To: <[EMAIL PROTECTED]> > > Sent: Thursday, April 18, 2002 2:44 PM > > Subject: discussion forum > > > > > > > Dear participants, > > > > > > My name is Marisa Gomez and I am of Spanish > > > nationality, although I presently reside in > Ireland, > > > where I work for the Refugee Legal Service. I have > no > > > practical experience with older women, but since I thought the > > > issue of violence against older women promised a very interesting > > > discussion, I had a look to the international legal provisions > > > regarding the situation of older women. And these are some of the > > > points: > > > > > > * First of all, I wish to point out that there is no Convention in > > > International Human Rights Law that specifically deals with older > > > people. However there are several instruments that protect > > > children, > forcing > > > the States to take the appropriate measures to > observe > > > children's rights. It should be noted that very frequently > > > children and older people are identified > by > > > the international community as categories of persons especially > > > vulnerable in all fields (including violence). Then I thought OK, > > > maybe in the > Convention > > > on Elimination of All Forms of Discrimination > Against > > > Women (the Women's Convention)the issue is > addressed. > > > I discovered that out of 30 Articles, elderly women > > > are only mentioned in Article 11.1.e when the right > to > > > social security is stated. > > > > > > * The Article 2(a) of the Declaration on the > > > Elimination of Violence against Women defines the > term > > > "violence against women" as follows:"Physical, > sexual > > > and psychological violence occurring in the family, including > > > battering, sexual abuse of female children in the household, > > > dowry-related violence, marital rape, female genital mutilation > > > and other > traditional > > > practices harmful to women, non-spousal violence and violence > > > related to exploitation". Once again we > note > > > that sexual abuse of female children is specifically addressed, as > > > it is named, however abuse against the older woman is not, when > > > very frequently the older woman is part of the household and many > > > times older women are sexually abused. But what is more, we note > > > that three ( sexual abuse of female children, > > > dowry-related violence and female genital > mutilation) > > > out of the practices named in this article are traditionally > > > related to girls or young women. > > > > > > The above does not mean that older women are not protected, they > > > are since they are women ( I am talking here about the Women's > > > Convention, because > the > > > Declaration on Violence does not bind a State, which > > > of course is a matter of concern not only for older > > > women but for all the women in this world). But as a category of > > > women specially vulnerable to violence > the > > > international community should have devoted more attention to this > > > vulnerability by naming them in > the > > > only instrument from the United Nations that > addresses > > > violence against women. Certainly in the Preamble > > > elderly women are identified as a group especially vulnerable > > > together with indigenous women, refugee women, etc, but I do not > > > think this is the correct approach as, for instance, within the > > > category of refugee women older refugee women are even more > > > vulnerable to violence. The whole issue of violence > > > against older women should be treated separately in > > > International Human Rights Law as children have been > > > treated in order to offer them appropriate support > and > > > enforcement. > > > > > > I do not intend to discuss purely legal matters, but since the law > > > collects the concerns of the persons > who > > > conform a community I think it is clear that > violence > > > against older women has been a forgotten issue from > an > > > international point of view. And I would like to > hear > > > opinions on the reasons for this invisibility. > > > > > > Looking forward to the comments, > > > > > > Marisa Gomez. > > > > > > > > > > > > __________________________________________________ > > > Do You Yahoo!? > > > Yahoo! Tax Center - online filing with TurboTax > > > http://taxes.yahoo.com/ > > > > > > > > =========================================================================== > > This is AgeingNet, a UN-INSTRAW mailing list devoted > to gendered aspects of ageing. > > > > To post a new message: send your message to > [EMAIL PROTECTED] Use a descriptive title in > the subject line to refer to the main point in your > message. > > > > To respond to a message: use "reply" without > altering the subject title. In order to avoid > repeating messages sent by previous subscribers, delete > all previous messages and just add yours. Make > reference to the person/comment you are responding to > (e.g. "With reference to Jane Smith's comment....") > > > > Include your name (and if appropriate your > institutional affiliation) in every message you post. > It will be assumed that participants are voicing their > own views unless it is specifically stated that they > are representing the views of their organization. > > > > To unsubscribe from AgeingNet, send an email to > [EMAIL PROTECTED] with the word > "unsubscribe" in the subject line > > Sadiq A.J. Syed, > Researcher, > E-601, Neelpadm-I Apartments, > Sector 5, Vaishali, > Dist. Ghaziabad-201010 (India) > > E-mail: [EMAIL PROTECTED] > [EMAIL PROTECTED] > Ph: ++91-120-4778328 (R) > _________________________________________________ > FindLaw - Free Case Law, Jobs, Library, Community > http://www.FindLaw.com Get your FREE @JUSTICE.COM email! > http://mail.Justice.com > =========================================================================== This is AgeingNet, a UN-INSTRAW mailing list devoted to gendered aspects of ageing. To post a new message: send your message to [EMAIL PROTECTED] Use a descriptive title in the subject line to refer to the main point in your message. To respond to a message: use “reply” without altering the subject title. In order to avoid repeating messages sent by previous subscribers, delete all previous messages and just add yours. Make reference to the person/comment you are responding to (e.g. "With reference to Jane Smith's comment....") Include your name (and if appropriate your institutional affiliation) in every message you post. It will be assumed that participants are voicing their own views unless it is specifically stated that they are representing the views of their organization. To unsubscribe from AgeingNet, send an email to [EMAIL PROTECTED] with the word "unsubscribe" in the subject line
