After listening to the testimonies from 26 women who’d skilled discrimination and violence over two days, the three judges on the Women’s Tribunal Malaysia’s conclusions have been unanimous: All the 26 women had “endured serious violations of their rights”.
Although the violations have been contextual (differing in accordance to particular person circumstances and experiences of every), judges Mary Shanti Dairiam, Zainah Anwar and Nadia Malyanah discovered that the women have been all denied the Constitutional ensures of equality and non-discrimination (beneath articles 8.1 and a pair of of the Federal Constitution).
In quick, they stated, the testimonies highlighted the failure of the federal government to protect these women or hold them secure from violence and discrimination and to recognise women as full residents with the identical civic and social rights.
“For the women who gave their testimonies, equality and non-discrimination, though entrenched in the Constitution, is not a value or principle that has protected them or upheld their rights.
“These principles are not understood or applied for the protection of the most vulnerable women, leading to violations of their rights,” stated Shanti, who’s founding father of the International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific).
She added that regardless that Malaysia is a celebration to the Convention on the Elimination of All Forms of Discrimination towards Women (CEDAW), and has undertaken legally binding obligations to progressively get rid of all discrimination towards women, Malaysian women are nonetheless discriminated towards and expertise violence and harassment at residence, at their workplaces and in public.
“The problems (highlighted) originate from prevailing political, cultural and socio-cultural norms that ignore these fundamental values and principles” stated Shanti on the fourth and last day of the Tribunal proceedings final Saturday (Dec 4).
Cedaw is a world normal for safeguarding and selling women’s human rights and is the one worldwide instrument that addresses women’s rights inside political, civil, cultural, financial and social life.
It is a binding doc which implies international locations that ratify the treaty are required to undertake measures (together with drawing up legal guidelines and insurance policies) to finish discrimination towards women in all kinds and all areas, be it political, financial or social.
The judges recognized “issues of concern” from the testimonies given after which, utilizing the Federal Constitution and related human rights legal guidelines and tips to inform their selections, got here up with suggestions that might not simply give the women redress but additionally stop additional violations of women’s rights.
Their findings and suggestions lined a number of areas: Inequalities and violations at work; unilateral conversion, unequal entry and obstacles to training, violence towards women, unequal citizenship rights, younger women in political and public life, entry to well being, rights of contract and home staff, rights of trans-women and the rights to equality in household legal guidelines.
Although the testimonies have been divided into totally different themes, the issues have been in lots of instances interrelated.
When it comes to defending women from violence, the judges identified that the federal government’s position is especially essential, as solely authorities has the sources wanted to successfully and frequently handle violence towards women throughout the nation.
Also, solely the federal government has the legitimacy to implement the regulation.
They prompt three “major areas” for reform: Law and coverage reform (criminalising stalking and marital rape, expediting the sexual harassment invoice and defending kids from gender-based violence – resembling interval spot checks – in faculties); enhancing public attitudes about gender-based violence and adequately funding companies to reply to violence towards women.
“The idea of male supremacy underpins the prevalence of violence against women. Hence, consistent public awareness programmes to dismantle the patriarchal ideology of male superiority entrenching men in positions of power and control must be undertaken by the state and civil societies, starting with schools. This is a long- term measure,” stated Shanti.
The difficulties that Malaysian women face in accessing their rights beneath household regulation was one other space that the judges addressed, primarily based on the testimony of a witness.
The unequal rights of women when it comes to giving their citizenship to their kids was one of many many points raised throughout the Tribunal.
Family regulation, stated Zainah, is the “single biggest predictor of women’s economic empowerment” as “without equality in the family, there can be no equality in public life”.
Among the suggestions she introduced have been the institution of a federal-level Child Support Agency to help dad and mom to meet their duties to be certain that each little one, inside or outdoors a wedding, is maintained; establishing of a Family Court authorized service centre to handle the lack of know-how on present regulation and process and the choices out there for women.
She additionally known as on the federal government to undertake a complete regulation reform course of to take away the inconsistencies between civil and Syariah regulation to guarantee Muslim women take pleasure in rights to equality and non-discrimination in all household and marriage issues.
To protect kids from gender-based violence in faculties, the Tribunal mandated the cessation of all interval spot checks and different dangerous acts without delay.
“(The authorities) must also adopt specific guidelines on responding to violence against girls and women in all schools and universities, including prevention, protection and provision of counselling services where necessary,” stated Nadia.
Highlighting the testimonies of 4 younger Orang Asli women, who have been “essentially denied the right to education in a safe and secure environment” the Tribunal recommends that present programmes for Orang Asli communities together with the K9 faculty mannequin, Kurikulum Asli and Penan (KAP) and Kelas Dewasa Ibu Bapa Orang Asli dan Penan (KEDAP) to handle the mismatch between residence values and cultures of Orang Asli college students and college curriculum be strengthened.
“Establish a mechanism for consultation and negotiation with local Orang Asli communities to mitigate the power imbalance between schools (which are usually headed and staffed by non-Orang Asli staff and teachers) and communities, with committed and culturally sensitive staff,” she stated.
In her speech on the closing of the Tribunal, Deputy Minister within the Prime Minister’s Department (Parliament and Law) Datuk Mas Ermieyati Samsudin recommended the women’s teams for efficiently organising the Women’s Tribunal, expressing her dedication to push for the the anti-stalking regulation and sexual harassment act to be handed.
Hopefully, along with her assist and that of her colleagues in parliament, the suggestions made by the Women’s Tribunal will be thought-about, mentioned and even adopted to be certain that all women should not solely protected however handled with out discrimination and with respect.
For the whole judges findings and suggestions, go to: www.facebook.com/WomenTribunalMY
