Gender and the Law

Teaching Material

Prepared by:

Medhanit Adamu
&
Sofanit Mekonnen

Prepared under the Sponsorship of the Justice and Legal

System Research Institute

2009
TABLE OF CONTENT

LIST OF ABBREVATIONS ………………………………………………………………… 0

CHAPTER ONE………………………………………………………………………........... 1
GENDER AND HISTORY ………………………………………………………………… 1
1.1 Gender Defined …………………………………………………………………………………………………. 1

1.2 Global and historical perspective on the legal Status of women .................................... 2
1.2.1 Historical Perspective……………………………………………………………………………………………... 2
1.2.1.1 The Mexico City conference: Dialogue is open………………………………………………….… 3
1.2.1.2 The Copenhagen: The Review Process begins………………………………………………....... 5
1.2.1.3 Nairobi: "The Birth of Global Feminism" ………………………………………………….......... 7
1.2.1.4 Beijing: Legacy of Success ………………………………………………….………………………....... 8
1.2.2 Historical perspectives on the legal status of women in Ethiopia…………............. 11
1.3. National policies and inputs on promotion of gender equality…………………………………. 16
1.3.1 Policies…………………………………………………………………………………………......................... 16
1.4. Impact of globalization on women …………………………………………………………………… 25
1.5. Gender socialization …………………………………………………………………..……………………… 27
1.6. Gender construction: a psychoanalytic view …………………………………………………………. 29

1.6.1 Cultural construction of masculinity and femininity ……………………………………………… 30

1.6.2 Patriarchy and its structures ……………………………………………………………………………….. 31

1.6.2.1 Nature versus culture ………………………………………………………………………………………………… 32

1.6.2.2 Private versus public …………………………………………………………………………………………………… 33

1.6.2.3 Gender and workplace ……………………………………………………………………………………………. 33

1.7 Gender in the Media and Information Technology ……………………………………………..…. 34

CHAPTER TWO
Theoretical foundation of gender equality theory …………………………………………………….. 37

2.1. Gender equality ………………………………………………………..……………………………………….. 37

2.1.1 Social inequality …………………………………………………………………………………………….. 37

2.1.2 Economic inequality ……………………………………………………………………………………….. 37

2.1.3 Political and legal in equality ………………………………………………………………………….. 38

2.2 Models of equality and approaches ………………………………………………………………………… 38

2.2.1 The formal model of equality …………………………………………………………………………… 38

2.2.2 The substantive model of equality ……………………………………………….............. 39

2.3. Resistance to the substantive approach to equality ………………………………. …… 42

2.4. The need for a broad approach to equality ………………………………………… …… 44

2.5. Summary ……………………………………………………………………………………………………………………… 45

2.6. Non-essentialism ………………………………………………………………………………………………………… 51

2.7. Autonomy …………………………………………………………………………………………………………………… 52

CHAPTER THREE
Gender and family ……………………………………………………………………………………………………………. 54
3.1 Traditional marriage and its consequence on women …………………………………………………. 54
3.1.1 Child marriage ………………………………………………………………………………………………………… 54
3.1.2 Child and forced marriage …………………………………………………………………………………… 55
3.2 Causes of early marriage …………………………………………………………………………………………….. 55
3.2.1 Poverty and economic transactions ……………………………………………………………………… 56
3.2.2 Notions of morality and honor …………………………………………………………………………….. 56
3.3 Consequences for health and well-being ………………………………………………………………………. 58
3.4 Custody and support of children ………………………………………………………………………………. 60
3.5 The role of women in the success of their husband …………………………………………………… 60

CHAPTER FOUR ……………………………………………………………………………………………………………… 61

Global and comparative approaches to violence against
women within and outside family ………………………………………………………………………………….. 61
4.1 Defining Violence against Women ……………………………………………………………………………….. 61
4.2 Scope and Context ……………………………………………………………………………………………………….. 61
4.2.1 Social and Health Consequences ……………………………………………………………………………… 62
4.2.2 Prevalence and Circumstances …………………………………………………………………………………. 63
4.3 Types of Violence ………………………………………………………………………………………………………...... 64
4.3.1 Harmful Traditional Practices ……………………………………………………………………………….. 65
4.3.2 Abduction ………………………………………………………………………………………………………………. 66
4.3.3 Rape …………………………………………………………………………………………………………….………… 67
4.3.3.1 Causes of rape …………………………………………………………………………………………………. 67
4.3.3.1.1. Culture ……………………………………………………………………………………………………….. 67
4.3.3.4.2. Poverty ………………………………………………………………………………………………………………….. 68
4.3.3.1.3. War ………………………………………………………………………………………………………………………. 69
4.3.3.2Consequences of Rape………………………………………………………………………………………. 69
4.3.3.2.1 Psychological …………………………………………………………………………………………………………… 69
4.3.3.2.2 Social ……………………………………………………………………………………………………………………….. 70
4.3.3.2.3 Economic ………………………………………………………………………………………………………………….. 70
4.3.3.2.4 Health ……………………………………………………………………………………………………………………… 71
4.3.3.3 The Extent of Rape in Ethiopia ………………………………………………………………………… 71
4.3.4 Marital rape ……………………………………………………………………………………………………………… 72
4.3.5 Sexual harassment …………………………………………………………………………………………………….. 73
4.3.6 Female genital mutilations ………………………………………………………………………………………… 74
4.3.7. Forced prostitution …………………………………………………………………………………………………… 74

4.3.8. Forced marriage ……………………………………………………………………………… 76

 4.3.8.1 Motives prompting forced marriage ………………..……………………………………………..… 77

4.3.8.2 Criminal Law and Forced Marriage …………………………………………………………….......... 79

4.3.8.3 Forced marriage in relation to the victim …………………………………………………………. 79

4.3.9. Dowry abuse …………………………………………………………………………………………………………….. 80

4.3.10 Trafficking …………………………………………………………………………………………………………….. 81

CHAPTER FIVE ……………………………………………………………………….. …. 84

WOMEN AND EDUCATION …………………………………………………………….. 84
5.1 EDUCATION AND ITS IMPORTANCE.................................................................................... 84
5.2 THE IMPORTANCE OF EDUCATION FOR WOMEN’S LIFE ....................................................... 85
5.2.1 The importance of education for individual growth of educated girls .......................... 85
5.2.2 Importance of women education for the society at large ............................................. 86
5.3 EDUCATION AND ETHIOPIAN WOMEN ............................................................................... 87
5.4 IS EDUCATION RIGHT OR PRIVILEGE? ............................................................................... 89
5.5 EDUCATION AS A HUMAN RIGHT ...................................................................................... 89
5.5.1 International standards .............................................................................................. 90
5.5.1.1 The UDHR ……………………………………………………………………………………………..............90

5.5.1.2 The ICESCR ……………………………………………………………………………………………………………90

5.5.1.3 CRC ………………………………………………………………………………………………………………………91

5.5.1.4 UNSCO Convention against Discrimination in Educational ………………………………….91

5.5.1.5 CEDAW ………………………………………………………………………………………………………………. 92

5.5.2 Regional instruments .................................................................................................. 92

5.5.3 National Constitutions ................................................................................................ 92
5.6 CONTENT OF THE RIGHT TO EDUCATION AND STATE OBLIGATIONS ................................... 93
5.6.1 Availability ................................................................................................................. 93
5.6.2 Accessibility ............................................................................................................... 94
5.6.3 Acceptability .............................................................................................................. 94
5.6.4 Adaptability................................................................................................................ 95
5.7 DEFINITION OF GENDER BASED DISCRIMINATION IN EDUCATION ...................................... 95
5.8 ADDRESSING DISCRIMINATION IN EDUCATION WITH TEMPORARY SPECIAL MEASURES ..... 96
5.8.1 Justification for temporary special measures .............................................................. 98
5.9 SOME TEMPORARY SPECIAL MEASURES TAKEN BY THE ETHIOPIA GOVERNMENT TO ADDRESS
GENDER BASED DISCRIMINATION IN EDUCATION ........................................................ 99

CHAPTER SIX …………………………………………………………………………… 102

WOMEN AND EMPLOYMENT ……………………………………………………… 102

6.1 GENERAL OVERVIEW ..................................................................................................... 102
6.2 GENDER BASED DISCRIMINATION IN EMPLOYMENT ........................................................ 103
6.3 RIGHT TO EMPLOYMENT, A HUMAN RIGHT OF WOMEN .................................................... 103
6.3.1 International standards ............................................................................................ 105
6.3.1.1 UDHR ……………………………………………………………………………………………………………. 105

6.3.1.2 ICESCR …………………………………………………………………………………………………………...105

6.3.2 Regional standard .................................................................................................... 105

6.3.2.1 ACHPR …………………………………………………………………………………………………………. 105

6.3.2.2 PACHPRWA ……………………………………………………………………………………………….... 105

6.3.3 National laws ........................................................................................................... 106

6.4 WOMEN RIGHT TO EQUAL REMUNERATION .................................................................... 106
6.4.1 International standards ............................................................................................ 106
6.4.1.1 UDHR……………………………………………………………………………………………………………. 106

6.4.1.2 ICESCR ………………………………………………………………………………………………………..... 106

6.4.1.3 equal Remuneration Convention, 1951 ………………………………………………………… 106

6.4.2 Regional standard .............................................................................................. 107

6.4.2.1 ACPHR ……………………………………………………………………………………………………………107

6.4.2.2 PACHPRWA ………………………………………………………………………………………………… 107

6.5 Maternity Protection …………………………………………………………………………………………………………….. 107

6.6 SEXUAL HARASSMENT AT WORK PLACE .......................................................................... 109

6.7 INTERNATIONAL HUMAN RIGHTS STANDARDS ............................................................... 113
6.7.1 CEDAW ................................................................................................................... 113
6.7.2 ICESCR .................................................................................................................... 115
6.7.3 ICCPR ...................................................................................................................... 115
6.7.4 International Labor Organization Discrimination (Employment and occupation)
Convention ............................................................................................................................ 115
6.7.5 UDHR ...................................................................................................................... 116
6.7.6 Declaration of Violence against Women ................................................................... 116
6.7.7 The Beijing Declaration and the Beijing Platform for action .................................... 117

CHAPTER SEVEN ………………………………………………………………………… 119

POLITICAL PARTICIPATION OF WOMEN……………………………………………. 119
7.1 BACKGROUND ............................................................................................................... 119
7.2 WOMEN’S RIGHT TO PARTICIPATE IN POLITICS AS A HUMAN RIGHT .................................. 120
7.2.1 International standard .............................................................................................. 120
7.2.1.1 UDHR ………………………………………………………………………………………………………………………………. 120

7.2.1.2 ICPR …………………………………………………………………………………………………………………… 120

7.2.1.3 CEDAW …………………………………………………………………………………………………………. 120

7.2.1.4 Beijing Platform for Action ………………………………………………………………………………… 121

7.2.2 Regional instrument ……………………………………………………………………… 121

7.2.2.1 PACPHRWA ………………………………………………………………………………………………………… 121

7.2.3 National Instrument……………………………………………………………………… 121

7.2.3.1 The FDRE Constitution ……………………………………………………………………………………….. 121

7.3 THE TWO MAIN REASONS THAT JUSTIFY THE PROMOTION OF WOMEN PARTICIPATION IN
PUBLIC LIFE ............................................................................................................. 121
7.4 FACTORS HINDERING WOMEN’S POLITICAL PARTICIPATION............................................ 122
7.4.1 Ideological factors.................................................................................................... 122
7.4.2 Political Factors....................................................................................................... 123
7.4.3 Socio-Cultural Factor .............................................................................................. 124
7.4.4 Economic Factors .................................................................................................... 125
7.4.5 Lack of Social Capital and Political Capacities ........................................................ 125
7.5 STRATEGIES FOR WOMEN’S POLITICAL PARTICIPATION .................................................... 125
7.5.1 Quotas Argument for and against ............................................................................. 125
7.5.2 Enabling environment for women participation in politics and development ............. 127
7.6 PARTICIPATION OF ETHIOPIA WOMEN IN PUBLIC LIFE AND DECISION MAKING................ 128
CHAPTER EIGHT …………………………………………………………………...………133
REPRODUCTIVE RIGHTS OF WOMEN ……………………………………………… 133
8.1 REPRODUCTIVE RIGHTS DEFINED ................................................................................... 133
8.2 REPRODUCTIVE HEALTH RIGHT AS A HUMAN RIGHT ...................................................... 134
8.2.1 International standard .............................................................................................. 135
8.2.1.1 Teheran Declaration …………………………………………………………………………………………. 135

8.2.1.2 CEDAW …………………………………………………………………………………………………………… 135

8.2.2 Regional Standard .................................................................................................... 135

8.2.2.1 PACPHRWA ………………………………………………………………………………………………………. 135

8.2.3 National standard..................................................................................................... 136

8.2.3.1 The FDRE Constitution …………………………………………………………………………………… 136

8.3 ABORTION AS HUMAN RIGHTS ....................................................................................... 136

8.4 Abortion in Ethiopia ……………………………………………………………… 137
List of Abbreviations

ACHPR =Africa Charter on Human and Peoples Rights

ACRWC= Africa Charter on the Right and Welfare of the child
CRC= Convention on the Rights of Children
CEDAW= Convention on Elimination of All Forms of Discrimination against Women
FDRE= Federal democratic republic of Ethiopia
ICC PR= International convention on Civil and Political Rights
ICESCR= International Covenant on Economic, social and Cultural rights
PACHPRWA= Protocol to the Africa Charter on Human and people right on the right of
women in Africa
SDGEA= Solomon Declaration on Gender and Equality in Africa
UDHR= Universal Declaration of Human Rights

CHAPTER ONE

1. Gender and history

1.1 Gender defined
Gender is a social attribute ascribing some characteristics or norms and modes of
behavior to the female and other to the male sex. The gender of a person is determined by
the society and by its way of up bringing children. Gender is, therefore, the result of the
interplay of culture, religion, and similar factor of a society. It refers to historically
defined identities, roles and behaviors of different groups such as men-women, girls-
boys, old men-old women, etc. The female and male sexes are socialized into being one
of these groups. The differences among these groups brought about by socio-cultural
factors are often mistaken for natural differences between the sexes or considered as a
God-given phenomena.

Sex is a natural attribute helping us to identify a person as male or female. A male person
biologically differs from a female. This is evident in that while males have mustache,
women do not; while women have big breasts that may produce milk, men do not; they
also differ in their reproductive organs and their roles in child bearing. Being a male or

1
female is, therefore, a natural phenomenon that we cannot change since the two sexes are
born different.

Gender roles refer to the expected duties and responsibilities, rights and privileges of
men-women, girls-boys, etc. that are specified by socio-religious and cultural factors. The
interplay of these factors determines what kind of clothing is appropriate for the female
and for the male sex. It also decides on the amount of food necessary for each, the type of
work they perform, the time and the type of place they are supposed to be at, the type of
grouping they can join, etc.

1.2 Global and historical perspective on the legal status of

women
1.2.1 Historical Perspective

The four global women’s conferences 1975-1995

Four world conferences on women convened by the United Nations in the past quarter of
the century have been instrumental in elevating the cause of gender equality to the very
centre of the global agenda. The conferences have united the international community
behind a set of common objectives with an effective plan of action for the advancement
of women everywhere, in all spheres of public and private life.

The struggle for gender equality was still in its early stages at the inception of the United
Nations in 1945. Of the original 51 member states, only 30 allowed women equal voting
rights with men or permitted them to hold public office. Nevertheless, the drafters of the
United Nation Charter had the foresight to deliberately refer to the "equal rights of men
and women" as they declared the Organization's "faith in fundamental human rights" and
the "dignity and worth of the human person". No previous international legal document
had so forcefully affirmed the equality of all human beings, or specifically targeted sex as
a basis for discrimination. At that moment, it became clear that women's rights would be
central to the work that lay ahead.

2
During the first three decades, the work of the United Nations on behalf of women
focused primarily on the codification of women's legal and civil rights, and the gathering
of data on the status of women around the world. With time, however, it became
increasingly apparent that laws, in and of them, were not enough to ensure the equal
rights of women.

The struggle for equality entered a second stage with the convening of four world
conferences by the United Nations to develop strategies and plans of action for the
advancement of women. The efforts undertaken have gone through several phases and
transformations
 from regarding women almost exclusively in terms of their development needs,
 to recognizing their essential contributions to the entire development process,
 to seeking their empowerment and
 the promotion of their right to full participation at all levels of human activity.

1.2.1.1 The Mexico City conference: Dialogue is open

The first world conference on the status of women was convened in Mexico City to
coincide with the 1975 International Women's Year, observed to remind the international
community that discrimination against women continued to be a persistent problem in
much of the world. The Conference, along with the United Nations Decade for Women
(1976-1985) proclaimed by the General Assembly five months later at the urging of the
Conference, launched a new era in global efforts to promote the advancement of women
by opening a worldwide dialogue on gender equality. A process was set in motion ‖ a
process of learning ‖ that would involve deliberation, negotiation, setting objectives,
identifying obstacles and reviewing the progress made.

The Mexico City Conference was called for by the United Nations General Assembly to
focus international attention on the need to develop future oriented goals, effective
strategies and plans of action for the advancement of women. To this end, the General

3
Assembly identified three key objectives that would become the basis for the work of the
United Nations on behalf of women:

 Full gender equality and the elimination of gender discrimination;

 The integration and full participation of women in development;
 An increased contribution by women in the strengthening of world peace

The Conference responded by adopting a World Plan of Action, a document that offered
guidelines for governments and the international community to follow for the next ten
years in pursuit of the three key objectives set by the General Assembly. The Plan of
Action set minimum targets, to be met by 1980, that focused on securing equal access for
women to resources such as education, employment opportunities, political participation,
health services, housing, nutrition and family planning.
This approach marked a change, which had started to take shape in the early 1970s, in
the way that women were perceived. Whereas previously women had been seen as
passive recipients of support and assistance, they were now viewed as full and equal
partners with men, with equal rights to resources and opportunities. A similar
transformation was taking place in the approach to development, with a shift from an
earlier belief that development served to advance women, to a new consensus that
development was not possible without the full participation of women.

The Conference called upon governments to formulate national strategies and identify
targets and priorities in their effort to promote the equal participation of women. By the
end of the United Nations Decade for Women, 127 Member States had responded by
establishing some form of national machinery, institutions dealing with the promotion of
policy, research and programs aimed at women's advancement and participation in
development.

Within the United Nations system, in addition to the already existing Branch (now
Division) for the Advancement of Women, the Mexico City Conference led to the
establishment of the International Research and Training Institute for the Advancement

4
of Women (INSTRAW) and the United Nations Development Fund for Women
(UNIFEM) to provide the institutional framework for research, training and operational
activities in the area of women and development.

An important facet of the meeting in Mexico City was that women themselves played an
instrumental role in shaping the discussion. Of the 133 Member State delegations
gathered there, 113 were headed by women. Women also organized a parallel NGO
Forum, the International Women's Year Tribune, which attracted approximately 4,000
participants.

Sharp differences emerged among the women gathered at the Forum, reflecting the
political and economic realities of the times. Women from the countries of the Eastern
Block, for instance, were most interested in issues of peace, while women from the West
emphasized equality and those from the developing world placed priority on
development. Nevertheless, the Forum played an important role in bringing together
women and men from different cultures and backgrounds to share information and
opinions and to set in motion a process that would help unite the women's movement,
which by the end of the Decade for Women would become truly international. The
Forum was also instrumental in opening up the United Nations to NGOs, who provided
access for the voices of women to the Organization's policy-making process.

1.2.1.2 The Copenhagen: The Review Process begins

There was a general consensus that significant progress had been made as representatives
of 145 Member States met in Copenhagen in 1980 for the second world conference on
women to review and appraise the 1975 World Plan of Action. Governments and the
international community had made strides toward achieving the targets set out in Mexico
City five years earlier.
An important milestone had been the adoption by the General Assembly in December
1979 of the Convention on the Elimination of All Forms of Discrimination against
Women, one of the most powerful instruments for women's equality. The Convention,
which has been termed ‖the bill of rights for women", now legally binds 165 States,

5
which have become States parties and obligates them to report within one year of
ratification, and subsequently every four years, on the steps they have taken to remove
obstacles they face in implementing the Convention. An Optional Protocol to the
Convention, enabling women victims of sex discrimination to submit complaints to an
international treaty body, was opened for signature on Human Rights Day, 10 December
1999. Upon its entry into force, it will put the Convention on an equal footing with other
international human rights instruments having individual complaints procedures.

Despite the progress made, the Copenhagen Conference recognized that signs of disparity
were beginning to emerge between rights secured and women's ability to exercise these
rights. To address this concern, the Conference pinpointed three areas where specific,
highly focused action was essential if the broad goals of equality, development and
peace, identified by the Mexico City Conference, were to be reached. These three areas
were equal access to education, employment opportunities and adequate health care
services.

The deliberations at the Copenhagen Conference took place in the shadow of political
tensions, some of them carried over from the Mexico City Conference. Nevertheless, the
Conference came to a close with the adoption of a Program of Action, albeit not by
consensus, which cited a variety of factors for the discrepancy between legal rights and
women's ability to exercise these rights, including:
 Lack of sufficient involvement of men in improving women's role in society;
 Insufficient political will;
 Lack of recognition of the value of women's contributions to society;
 Lack of attention to the particular needs of women in planning;
 A shortage of women in decision-making positions;
 Insufficient services to support the role of women in national life, such as co-
operatives, day-care centers and credit facilities;
 Overall lack of necessary financial resources;
 Lack of awareness among women about the opportunities available to them.

6
To address these concerns, the Copenhagen Program of Action called for, among other
things, stronger national measures to ensure women's ownership and control of property,
as well as improvements in women's rights to inheritance, child custody and loss of
nationality. Delegates at the Conference also urged an end to stereotyped attitudes
towards women.

1.2.1.3 Nairobi: "The Birth of Global Feminism"

The movement for gender equality had gained true global recognition as the third world
conference on women, The World Conference to Review and Appraise the Achievements
of the United Nations Decade for Women: Equality, Development and Peace, was
convened in Nairobi in 1985. With 15,000 representatives of non-governmental
organizations attending the parallel NGO Forum, many referred to the Conference as the
"birth of global feminism". The women's movement, divided by world politics and
economic realities at the Mexico Conference, had now become an international force
unified under the banner of equality, development and peace. Behind this milestone, lay a
decade of work. A lot of information, knowledge and experience had been gathered
through the process of discussion, negotiation and revision.

At the same time, delegates were confronted with shocking reports. Data gathered by the
United Nations revealed that improvements in the status of women and efforts to reduce
discrimination had benefited only a small minority of women. Improvements in the
situation of women in the developing world had been marginal at best. In short, the
objectives of the second half of the United Nations Decade for Women had not been met.
This realization demanded that a new approach be adopted. The Nairobi Conference was
given the mandate to seek new ways to overcome the obstacles to achieving the Decade's
goals‖ equality, development and peace.

The Nairobi Forward-Looking Strategies to the Year 2000, the strategy developed and
adopted by consensus by the 157 participating governments, was an updated blueprint for
the future of women to the end of the century. It broke new ground as it declared all
issues to be women's issues. Women's participation in decision-making and the handling

7
of all human affairs was recognized not only as their legitimate right but as a social and
political necessity that would have to be incorporated in all institutions of society.

At the heart of the document was a series of measures for achieving equality at the
national level. Governments were to set their own priorities, based on their development
policies and resource capabilities.

Three basic categories of measures were identified:

 Constitutional and legal steps;
 Equality in social participation;
 Equality in political participation and decision-making.

In keeping with the view that all issues were women's issues, the measures recommended
by the Nairobi Forward-Looking Strategies covered a wide range of subjects, from
employment, health, education and social services, to industry, science, communications
and the environment. In addition, guidelines for national measures to promote women's
participation in efforts to promote peace, as well as to assist women in special situations
of distress, were proposed.

Accordingly, the Nairobi Conference urged governments to delegate responsibilities for

women's issues to all institutional offices and programs. Moreover, following the
Conference, the General Assembly asked the United Nations to establish, where they did
not already exist, focal points on women's issues in all sectors of the work of the
Organization.

The Nairobi Conference had introduced a wider approach to the advancement of women.
It was now recognized that women's equality, far from being an isolated issue,
encompassed every sphere of human activity. Therefore, women's perspective and active
involvement on all issues, not only women's issues, was essential if the goals and
objectives of the Decade for Women were to be attained.

8
 1.2.1.4 Beijing: Legacy of Success
While the efforts of the previous two decades, starting with the Mexico City Conference
in 1975, had helped to improve women's conditions and access to resources, they had not
been able to change the basic structure of inequality in the relationship between men and
women. Decisions that affected all people's lives were still being made mostly by men.
Ways had to be sought to empower women so that they could bring their own priorities
and values as equal partners with men in decision-making processes at all levels.

Recognition of the need to involve women in decision-making had begun to emerge

during the course of the series of global conferences held by the United Nations in the
early 1990s on various aspects of development such as the environment, human rights,
population and social development. All the conferences had stressed the importance of
women's full participation in decision-making, and women's perspectives were
incorporated into the deliberations and the documents that were adopted.

However, it was with the next in the series of conferences, the Fourth World Conference
on Women held in Beijing in 1995, that a new chapter in the struggle for gender equality
can truly be said to have begun.

The fundamental transformation that took place in Beijing was the recognition of the
need to shift the focus from women to the concept of gender, recognizing that the entire
structure of society, and all relations between men and women within it, had to be re-
evaluated. Only by such a fundamental restructuring of society and its institutions could
women be fully empowered to take their rightful place as equal partners with men in all
aspects of life. This change represented a strong reaffirmation that women's rights were
human rights and that gender equality was an issue of universal concern, benefiting all.

The legacy of the Beijing Conference was to be that it sparked a renewed global
commitment to the empowerment of women everywhere and drew unprecedented
international attention. The Conference unanimously adopted the Beijing Declaration and
Platform for Action, which was in essence an agenda for women's empowerment and

9
stands as a milestone for the advancement of women in the twenty-first century. The
Platform for Action specified twelve critical areas of concern considered to represent the
main obstacles to women's advancement and which required concrete action by
Governments and civil society:

 Women and poverty

 Education and training of women;
 Women and health;
 Violence against women;
 Women and armed conflict;
 Women and the economy;
 Women in power and decision-making;
 Institutional mechanisms for the advancement of women;
 Human rights of women;
 Women and the media;
 Women and the environment;
 The girl child.

By adopting the Beijing Platform for Action, governments committed themselves to the
effective inclusion of a gender dimension throughout all their institutions, policies,
planning and decision-making. What this in effect meant was that before decisions were
to be made or plans to be implemented, an analysis should always be made of the effects
on, and needs of, both women and men. For example, instead of striving to make an
existing educational system gradually more accessible to women, gender mainstreaming
would call for a reconstruction of the system so that it would suit the needs of women and
men equally.

The introduction of gender mainstreaming called for the re-examination of society in its
entirety and its basic structure of inequality. The focus was, therefore, no longer limited
to women and their status in society but was committed to restructuring institutions and
political and economic decision-making in society as a whole.

10
In endorsing the Platform for Action, the United Nations General Assembly called upon
all States, the UN system and other international organizations, as well as NGOs and the
private sector to take action to implement its recommendations. Within Member States,
national machineries that had been established to promote the status of women were
assigned a new function as the central policy-coordinating unit to mainstream a gender
perspective throughout all institutions and programs. Within the United Nations system,
the Secretary-General designated a senior official to serve as his Special Adviser on
Gender Issues, whose role was to ensure system-wide implementation of the gender
perspective in all aspects of the work of the United Nations. The Organization was also
assigned a key role in the monitoring of the Platform.

The Beijing Conference was considered a great success, both in terms of its size and its
outcome. It was the largest gathering of government and NGO representatives ever held,
with 17,000 in attendance, including representatives of 189 governments. The NGO
Forum held parallel to the Conference also broke all records, bringing the combined
number of participants to over 47,000.

The presence and influence of NGOs, one of the most active forces in the drive for
gender equality, had increased dramatically since the Mexico City Conference in 1975. In
Beijing, NGOs had directly influenced the content of the Platform for Action and they
would play an important role in holding their national leaders accountable for the
commitments they had made to implement the Platform.

1.2.2 Historical perspectives on the legal status of women in Ethiopia

The Ethiopian society can be regarded as a ―traditional, ancient and conservative one.
―Horrendous‖ traditional practices, such as female genital mutilation, abduction, marital
rape and early marriages would require an attitudinal change not only on the part of men,
but also on the part of women. Female genital mutilation, for example, has long been

11
practiced in the country and is not unique to any religious group. Throughout the ages,
female genital mutilation, (a practice that affected some 80 per cent of the female
population), had been endorsed by women. In her view, education, the ―great liberator‖,
would emancipate women from such harmful traditional practices. Some progress has
been made despite great socio-economic, political and cultural odds. The minimum
punishment for rape is five years, whereas previously it was the payment of a camel. A
new family code has been adopted by some of the regional states and a new criminal code
has come into effect. A growing grass-roots movement was working to bring women‘s
issues to the forefront. Women‘s rights had first been recognized as a result of their
military contribution to fighting a fascist regime and further progress would only be
realized by their continued hard work and toil.

Human Rights of Women: Ethiopia has ratified both the UN Charter adopted in 1948
and the Universal Declaration of Human Rights (UDHR) of 1949. Both these
international instruments prohibit the negative discrimination of women based on their
sex. The UDHR identifies targets and requires the promotion and protection of civil,
political, economic, and social rights of people. Though the UDHR prohibits all forms of
discrimination based on sex, an additional instrument was necessary, to accommodate the
special situation and needs of women, and accelerate the process of closing the gap
between men and women. Accordingly the Convention on the Elimination of All forms
of Discrimination against Women (CEDAW) was adopted in 1981. Ethiopia ratified the
convention in the same year. CEDAW outlines a variety of political, social, economic,
and legislative issues that States have to work on to eliminate discrimination against
women and create equality between men and women. It also reiterates that state parties
will adopt the necessary measures to achieve human rights of women identified in the
Convention. CEDAW also discusses a procedure for reporting and follow up of the
measures states have taken in order to eliminate discrimination against women.

The Constitution adopted in 1995 by the FDRE has amplified the provisions given to
women, and assures women of equal rights with men in every sphere and affirmative
actions would be taken in order to remedy the sufferings of women because of past

12
inequalities. It also reiterates the rights of women to own and administer property. It
sounds women‘s right to family planning services and to paid pre-and post-delivery
maternity leaves. Since the ratification of the 1995 Constitution, a number of strides have
been made in the past few years in amending discriminatory laws. Now the pension
benefits of women civil servants is given to their survivors, maternity leave has been
extended from 45 days to 3 months, and the family law has been revised. However, there
is still a lot to be done. For example, women who marry foreigners are still losing their
Ethiopian nationality.

Beijing Plus Five: The United Nations Fourth World Conference, held in Beijing, in
September 1995 came up with the Beijing Declaration and the Platform for Action. The
Platform showed a renewed commitment to the goals of equality, development, and peace
for all women. It was divided into six chapters and identified 12 critical areas of concern
that were thought to be the main barriers to the advancement of women. These were
poverty, education and training, health, violence, armed conflict, economic participation,
power sharing and decision-making; women focused institutions, human rights, mass
media, environment, and the girl child. In October 1998, the UN Division for the
Advancement of Women (UN/DAW) sent out a questionnaire to all United Nations
Member States requesting a report on the implementation of the Beijing Platform. The
responses showed that, except for a few isolated examples where women's lives have
improved, in many cases progress has been slow.

Many of the concerns that were included in the Beijing Platform had been considered and
placed at the priority list of the Ethiopian government. Attempts have been made to
implement policies and proclamations aimed at bringing about gender equality though
not much progress has been observed. The constraints include high illiteracy rate, deep-
rooted gender stereotyped cultural beliefs and practices, and lack of resources including
qualified human labor. In preparation for the Beijing Plus Five, countries the world
developed ways of measuring their countries' progress for women. The UN held five
preparatory meetings and at the meeting of March 2000, 'the outcome document' was

13
produced. The document reaffirms the 12 areas of the Platform for Action, including
measures to:
• identify violence against women as a human rights violation;
address the issue of honor killings;
 monitor trafficking of women and condemn exploitation of women and girls for
economic and sexual purposes;
• respond to the impact of HIV/AIDS on the health of women and girls
internationally, particularly in Africa;
• expand entrepreneurship and credit availability, including micro-credit;
• emphasize "gender mainstreaming" in all economic policies, institutions, and
resource allocations;
• promote women's role in conflict resolutions and peace-building, and the role of
men in promoting gender equality.

The outcome document reaffirms human rights of women and the commitment of the
international community to implement the Beijing Platform. Ethiopia has committed
itself to take the measures included in the document. What needs to be assessed is the
progress that the country is making in implementing the provisions outlined in the
outcome document.

The Millennium Development Goal (MDG): The MDG is another instrument that
Ethiopia ratified with the aim of reducing poverty. The goals include, among others,
enabling all children, both boys and girls, in the world to complete full course of
elementary school and eliminating the gender gap at all levels of education, by the year
2015. Though the goals are highly ambitious for most developing countries including
Ethiopia, they would reinforce the implementation of CEDAW, Beijing Plus Five and
other national instruments.

Labor Law Proclamation: The Civil Service Proclamation of January, 2002, cover issues
of employment, salary, promotion, performance evaluation, training, leave and
disciplinary measures. Under employment, it states that no discrimination shall be made

14
on the basis of ethnic origin, sex, religion and political affiliation, and other grounds. In
addition to this, the proclamation clearly stipulates that in the employment process, if two
candidates a man and a woman have the qualification required for a position, preference
will be given to the female candidate. There are also provisions given to female civil
servants on maternity related issues. The proclamation states that a pregnant civil servant
shall be entitled to paid leave for a medical examination before delivery if recommended
by a doctor. She will also be entitled to a paid leave of 30 days before delivery and 60
days after delivery. Finally if she does not deliver on the presumed date she can get her
annual leave after the 60 days of post-delivery leave. These provisions are supportive of
female civil servants, but issues like training and promotion do not seem to take gender
issues into account. The personnel statistics issued by the Civil Service Commission
shows that, currently many of the training opportunities are utilized by men. These could
be because female civil servants have less GPA upon graduation, a problem closely
related to the economic, social, and cultural problems a woman encounters in attending
and succeeding in education. Therefore, considering the gender related arrangement in
our society, mechanisms need to be created to distribute promotions and training fairly
among male and female civil servants. If gender issues are neglected in promotion and
training the gender equality of the sexes that we are striving to attain will become a
dream rather than reality.

Political Participation: In the Ethiopian context, for a woman to hold a key position in
politics, economics, and administration is a difficult task. As a patriarchal society, the
attitude of the majority of people towards women holding a high position, the way
society and workplaces are structured, and the gender division of labor all poses a serious
challenge. Women have a marginal position in accessing and succeeding in their
education. As indicated earlier, the majority of women in the civil service are in clerical
and manual jobs. Therefore, it is not surprising that we do not see many women in key
positions both in politics and administration

15
 1.3. National policies and inputs on promotion of
gender equality
1.3.1 Policies
The Transitional Government and the Federal Democratic Republic of Ethiopia have
formulated several policies to rehabilitate the social and economic infrastructure and
create an environment for sustainable development. These include the economic Policy
along with its strategy, the Agricultural Development Led Industrialization (ADLI), the
National Policy of Ethiopian Women, the National Population Policy, the Education and
Training Policy, Health Policy, Developmental Social Welfare Policy, Environmental
Policy, Culture Policy, Policy on Natural Resources and Environment, and others.

One of the major policies formulated by the Transitional Government of Ethiopia was the
Economic Reform Policy. The main objectives of the policy were to:
 change the centralized economy to free market economy;
 increase the participation of the people in order to increase the economic activity
of the regions by giving ownership;
 Enable local industries to use local raw materials and supplies to strengthen the
economy;
 Creating relationship and interdependence among the various sectors, especially
between agriculture and industry, so as to reduce dependency on imported raw
materials and supplies;
 giving special attention to the agricultural sector since it is perceived to be the
basis for the economic development

ADLI as a strategy is believed to have influence on those engaged in agriculture, which

form the majority. It is considered to be the best alternative to revive and further develop
the devastated economy. Productivity has to be improved in order for the agricultural
sector to become both a supplier of food and raw materials for the industry, while
creating a market for the output for the industrial sector. This can be accomplished by
applying improved and modern way of farming, through the provision of extension

16
services, agricultural inputs, and infrastructure and credit services to small farmers. In
this endeavor, emphasis will be given to farmer with small lands holdings and to the
establishment of large-scale farms, especially in the lowland areas. This way, it will be
possible to get enough yields from limited farming activities and eventually transfer
people from agriculture to the other sectors. ADLI also delineates the roles to be played
by the government, the people, and the private sector in implementing the strategy. It also
describes what needs to be done in the various areas such as industry, minerals,
population growth and control, science and technology, infrastructure and social services.

One of the eight issues under the investment program is the participation of women. It
indicates that women would be provided with credit services and inputs that would
enable them to increase their productivity; conditions will be created and improved to
enable women to attend schools and to persist in their education with a view to,
improving their chance of holding decision making positions at various levels; and
encouraging women's participation in modern economic activities. Though women are
given some provisions in the strategy, women‘s issue has not been mainstreamed in all
the sectors. It is obvious that the issue of gender is central to all the sectors including
education, health, population, and food security, and in fact women play an important
role in agriculture, which is the main focus of the strategy. Therefore, gender needs to be
mainstreamed in all the strategies and programs that will be worked out in order to realize
ADLI instead of putting it as one of the issues to be taken up. The main objectives of the
National Policy of Ethiopian Women include, creating and facilitating conditions for
equality between men and women, creating conditions to make rural women beneficiaries
of social services like education and health, and eliminating stereotypes, and
discriminatory perception and practices that constrain the equality of women. A number
of strategies have also been designed to achieve the above objectives, two of which are
the participation of women in the formulation of policies, laws, rules and regulations, and
ensuring the democratic and human right of women. The structures were clearly put
delineating the responsibilities of the Women's Affairs Office (WAO) under the Prime
Minister Office and the Regional and Zonal Women's Affairs Sectors, and the Women's
Affairs Department (WAD) in the various Ministries. However, assessments done over

17
the years show that both the (WAO) and the (WAD) in the sectoral ministries lack
capacity: they have problems with resources and qualified personnel. In many cases
WADs are marginalized and gender is not mainstreamed in many of the activities in the
ministries. The structure has problems reaching the grassroots since it stops at the
Woreda level, a problem that has limited the implementation of the policy.

The National Population Policy formulated in 1993 was an instrument aimed at

harmonizing the rate of population growth with the capacity of the country. The Policy
gives serious attention to the issue of gender and describes the important roles women
play in controlling population growth. It clearly stipulates that the situation of women has
direct bearings on the fertility level of any society and explains how their education,
employment and the provisions in the laws given to women are related to their fertility
and reproductive health. The goals, objectives and strategies give a central place to the
situation and empowerment of women. The goals include raising the economic and social
status of women, empowering vulnerable segments of the society such as young children
and women, removing all legal and customary practices constraining women's economic
and social development and the enjoyment of their rights. Many of the strategies revolve
around empowering women through education, employment in both government and
private sectors and eliminating cultural and legal barriers.

The Ethiopian Education and Training Policy also has some provisions given to women.
One of the specific objectives in the Education and Training Policy is to introduce a
system of education that would rectify the misconceptions and misunderstandings
regarding the roles and benefits of female education. The policy indicates that the design
and development of curriculum and books would give special attention to gender issues.
It further states that equal attention would be given to female participants when selecting
teachers; training them, and advancing their careers. It also states that financial support
would be given to students with promising potentials. A number of initiatives have been
taken to implement the policy. For example, female teachers with less GPA than male
teachers are selected and this has increased the number of female teachers in elementary
schools. But a lot needs to be done at the high school level. The Women‘s Affairs

18
Department in the Ministry of Education has prepared a gender policy and it undertakes a
number of activities to help close the gender gap in education. Five regions, Gambela,
Benshangul-Gumuz, SNNPRA, Oromiyaa, and Somalia, are targeted because of the low
enrollment and high dropout rates of girls. Capacity building of female teachers, guidance
and counseling services for female students, and awareness creation in the community are
some of the activities. The office also gives assertiveness training to female students at
the various higher education institutes and organizes panel discussion on gender issues.
Women‘s focal points in regional bureaus get support from the WAD in the MOE.
However, just like other WADs the office is understaffed and encounters shortage of
resources.

The Health Policy was one of instruments designed by the Transitional Government of
Ethiopia to improve the health status of people and to facilitate the provision of basic
health services. Health is such an inter-sectoral matter that it can not be addressed by any
one policy or plan of action. A statement in the health policy reflects this fact: "the
government believes that health policy can not be considered in isolation from policies
addressing population dynamics, food availability, acceptable living conditions, and other
requisites essential for health improvement and shall therefore develop effective
intersectorality for a comprehensive betterment of life".

The goal of the health policy is to restructure and expand the health care system and to
make it responsive to the health needs of the less privileged rural population, which
constitute the overwhelming majority of the population, and are the major productive
forces of the nation. The policy supports the democratization and decentralization of the
health service system, and strengthening intersectoral activities. The policy accords
special attention to the health needs of the family, particularly women and children, and
hitherto most neglected regions, the rural population, and pastoralists, as some of its
priority areas. The implementation of public policy or government plan of action involves
the translation of goals and objectives into concrete achievements through various
programs.

19
The Health Sector Development Program (HSDP) formulated in 1996, is an
implementation strategy for the National Health Policy. The Cultural Policy formulated
in October 1997 views culture as incorporating the different social, economic, political,
administrative, moral, religious, material and oral traditions, and practices of the various
peoples and nationalities of Ethiopia. It also recognizes that for development efforts to be
effective and sustainable, they have to take into considerations the cultures of people,
which impact on the thinking and activities. The policy recognizes that the cultural
behaviors, practices, and attitudes that support and promote stereotypes and prejudices
against women, those that constrain the expansion of family planning services and the
promotion of reproductive health should be slowly eliminated. Instead, situations should
be created to promote the equality of the sexes. The content of the Policy clearly
elaborates the unfavorable situation of women, and articulates the need for a change that
ensures women's active participation in all cultural activities and guaranteeing those
equal rights to the benefits. However the strategies outlined in the Policy document do
not include in what ways the sector could achieve the gender equality indicated in the
policy and the means to eliminate harmful practices.

The Development Social Welfare Policy was formulated by the Ministry of Labor and
Social Affairs in November 1996. The main objectives of the policy included studying
the causes of social problems and designing preventive and rehabilitative programs with
full participation of all stakeholders including the grassroots. The Policy acknowledges
that war, famine, economic crises of the past decades have harmed vulnerable groups,
i.e., women, the elderly, children, youth and the disabled, and makes these groups the
Policy‘s central focus. It also explains that women are underrepresented in every sphere
including education, employment, politics, and other key decision making positions. It
further mentions that one of the major causes of social problems is the economic
dependence of women on men. However, talking about the various groups such as
children, youth, elderly, and the disabled, it does not say anything about the special
problems females encounter as children, parents, youth, the elderly, and the disabled, nor
does it mention the measures that need to be taken to alleviate their problems. For
example, such problems as harmful traditional practices that victimize female children,

20
teenage pregnancy and abortion, the vulnerability of disabled women to various types of
violence are not given attention. Community participation, partnership and coordination,
capacity building of actors at various levels, advocacy and awareness creation,
implementation of international conventions and other social welfare related laws, and
the establishment of data bank system are outlined as some of the major strategies. The
policy also articulates that the issues of gender will be mainstreamed in all programs,
projects, and services in addressing the target groups mentioned in the policy.

The Federal Policy on Natural Resources and the Environment was formulated in April
1996 with the overall goal of improving and enhancing the health and quality of life of
Ethiopians and to promote sustainable social and economic development through the
sound management and use of natural, man-made and cultural resources and the
environment as a whole to meet the needs of the present generation without
compromising the ability of future generations to meet their own needs. The policy starts
with a conceptual framework that contends that human resources are of great value in
themselves and as creators and maintainers of natural resources have to be developed and
cared for, if natural resources are to be developed and conserved. The policy gives
importance to a participatory approach and the feeling of ownership in developing and
conserving natural resources and an important place is given to gender.

It underlines the importance of the integration of social, cultural, and gender issues in
sustainable resource and environmental management. Giving a high priority to raising the
status of women by increasing female participation in the education system at all levels is
indicated to be one of the strategies in the cross-sectoral issues. Increasing the number of
women extension agents in natural resource and environmental management and
designing programs that involve and benefit the most disadvantaged groups, particularly
women, children, the disabled and the landless are considered important. The policy
considers the disaggregating of data related to environment and to natural and man-made
resource use and management, addressing gender issues by ensuring that energy plans
adequately address fuel-wood requirement as two of the strategies in the development
and conservation of biomass energy resources. In the area of mineral resource

21
development one of the strategies is providing support to women in mineral development
with special practical training and technical assistance particularly in small-scale and
artisan mining. The policy gives a central place to institutionally supporting and
establishing ―Women in Development‖ desks at federal and regional government
agencies concerned with natural resources development and environmental management.
These desks would scrutinize projects, programs, policies, directives, rules, and
regulations to ensure that gender issues are integrated. Capacity building for local
communities to enable them to fully enfranchise their women, disables persons and, as
appropriate, youth and children, to effectively participate in the planning and
implementation of all development activities is also given importance. The policy is
gender sensitive and it promotes highly the participation of vulnerable groups including
women in conserving, sustaining, and managing the environment.

National Actors in Gender Equality and Competence Development In this section, only
government machinery for the implementation of the women‘s policy will be presented,
as other national actors have been covered elsewhere in this materialt.

The Women’s Affairs Office (WAO)

The Women‘s Affairs Office was established in October 1991, headed by a woman with
the rank of a minister. It is charged with the responsibility of coordinating, facilitating
and monitoring all government gender programs, particularly the implementation of the
National Women‘s Policy formulated in 1993. WAO is also responsible for creating a
conducive environment for all implementations in the country.

Women’ Affairs Departments

The establishment of gender focal points in Federal ministries and regional councils is
one of the main strategies for the implementation of gender and sectoral policies. It was
also one of the initial activities undertaken by WAO, after the formulation of the
Ethiopian National Policy on Women. The regional council women‘s affairs department
offices were opened up a little later.

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Centre for Research Training and Information for Women in Development (CERTWID)
The CERTWID was established in 1991 with the financial assistance of UNFPA and
Addis Ababa University. At the time of establishment CERTWID was placed under the
Institute of Development Research. Currently, CERTWID has been upgraded and it is
accountable to the office of the Associate Vice President for Research and Graduate
studies. The center‘s main goal is to enable women to empower themselves socially,
culturally, economically and politically so as to be active participants as well as equal
beneficiaries of the development process. This goal is realized through its research,
training, and documentation activities. CERTWID undertakes its own research and
sponsors other independent researchers and graduating BA and MA students to do their
research on various issues related to gender. It also disseminates its findings through
workshops and distribution of its publications for consumption by researchers,
practitioners, and policy makers.

In its training component, CERTWID organizes various training workshops including

gender sensitization, assertiveness, gender sensitive research methodology, and
leadership. The Center's Documentation Unit serves a wide variety of patrons including
Addis Ababa University staff, students, and employees of other governmental and
nongovernmental organizations. It has an adequate collection of books, research reports,
journals and other magazines published on gender. It can be said that CERTWID is
making a great contribution in raising awareness about gender, providing information on
gender issues and equipping researchers with knowledge and skills in gender sensitive
research methodology. But the centre lacks human resources capacity.

Involvement of Men in Gender Equality Work

The ‗outcome document‘ for the Beijing plus five contains the 12 areas of the platform
―promote …. and the role of men in promoting gender equality. Gender refers to both
men and women, but is often taken to be women, because when we deal with gender the
focus is on women. The reason for this is that up to the present time, it is women who
suffer from the existing inequality between the sexes, and as such women have been the

23
main actors to address the issue. This has probably brought about the feeling that gender
is women‘s issue to be handled by them. It is also true that, though not at a significant
level, men are involved, in some instances showing more concern than some women do.
In Addis Ababa, there are many consultancy firms managed by men and working on
gender, including gender training, having themselves been trained. Many men make
positive contributions in many forums. In some instances, especially in the rural setting,
men have been seen to pose less resistance to changes that are introduced to achieve
improved women‘s status. The extent of men‘s involvement and to what degree and in
what ways they can contribute to gender equality, is something that needs to be studied.

Poverty reduction strategy (PRS)

The International Monetary Fund (IMF) and World Bank (WB) made a move in 1999 to
encourage governments of low-income and heavily indebted countries to prepare poverty
reduction strategies with a broad-based participation of various stakeholders. Ethiopia
saw this as relevant, because poverty is deep-rooted and wide-spread, and the country
seeks debt relief and plans to continue implementing economic reform programs in
collaboration with the IMF and the WB. Further, PRS offers the opportunity for close
dialogue between the government, the people and among the different stakeholders,
contributing to improvements of the democratic process. The Interim Poverty Reduction
Strategy Paper (I-PRSP) was drafted in September 2000 and submitted to the IMF and
WB in November of the same year.

The aim of the interim paper was, to present a broad picture of the poverty reduction
strategy that Ethiopia has pursued in recent years, and intended to refine the preparation
of the PRSP. The adjustment policies that had been made in cooperation with Breton
Wood Institutions had in the mid-1990s triggered Ethiopia to adopt a long-term strategy
of Agricultural Development Led Industrialization (ADLI). ADLI envisages a growth
process that is inherently poverty reducing, and makes it possible to assess the connection
between policies and programs on the one hand and poverty reduction on the other.
Generally the link between these two was indicated in the interim document by looking at
the economic performances in the 1990s. The PRSP was accepted provisionally and the

24
government offered a period of a year to prepare the PRSP. The PRSP is a tri-annually
revised dynamic national strategy, with the goal of reducing poverty by 50% by 2015.
The Ethiopian government invited the public to participate and subsequently launched the
consultative process of the PRSP at Woreda and Regional levels in August 2001. The
majority of Ethiopians live in rural areas and are engaged in farming, and thus ADLI was
justified: Since poverty is worse there, it found on poverty reduction in the rural area. It is
also understood that prioritization is required since PRSP cannot address each and every
poverty issue.

The federal consultation was conducted at the African Conference Centre on 28-30
March 2002. Issues common for all regions were basic necessities, water, food, shelter,
and health care; environmental degradation; infrastructure; capacity; peace and stability;
empowerment; traditional practices that have negative impact; governance and human
rights; and macro-economic stability. Interestingly all regions identified harmful tradition
as being an impediment to the struggle against poverty. Secondly, good governance and
human rights was an issue raised by several regions, and the need to promote and protect
democracy and human rights was highlighted.

1.4 Impact of globalization on women

Over the past two decades, globalization has created a tremendous impact on the lives of
women in developing nations. Globalization can be defined as ―a complex economic,
political, cultural, and geographic process in which the mobility of capital, organizations,
ideas, discourses, and peoples has taken a global or transnational form. With the
establishment of international free trade policies, such as North America Free Trade
Agreement (NAFTA) and GATT, transnational corporations are using the profit motive
to guide their factories toward developing nations in search of ―cheap‖ female labor.
Corporations prefer female labor over male labor because women are considered to be
―docile‖ workers, who are willing to obey production demands at any price. In
developing nations, certain types of work, such as garment assembly, is considered to be
an extension of female household roles. Therefore, cultural influences in developing
nations also impacts employment stratification.

25
Bringing a high demand of employment opportunities for women in developing nations
creates an instantaneous change within the social structure of these societies. Although
the demand for female employment brings about an array of opportunities and a sense of
independence, the glass ceiling continues to exist with the ―feminization of poverty‖.
Researchers in the fields of Sociology, Anthropology, and Economics have collected
empirical data that shows the consequences of globalization on the lives of women and
their families in developing nations. Given these circumstances and the empirical
evidence collected in the various studies, does globalization have an overall positive or
negative impact on the live of women in developing nations?

The impact of globalization is different from country to country whether it is positive

impact or negative impact. But the difference is highly significant between developed
(industrialized) and developing countries. Its positive impacts:
 Employment opportunities for women especially in developed countries. It has
created economic and job opportunities for women at all levels.
 Education and knowledge which constitutes a huge advancement in the
empowerment of women especially in terms of sharing information.

How globalization has affected women in Ethiopia?

To look into how women are impacted by globalization, it is better to see how
globalization is taken or brought to the people. It is brought by government policies or
other channels. Wrong impact of globalization implies wrong utilization of the process.
For example access to information may be misused by traffickers and drug dealers when
poor women seeking job get information from such people. In Ethiopia there are three
major constraints to women specifically and the society can generally benefit from
globalization. These are:
 lack of proper infrastructure or other communication channel
 low level of education and
 language barrier

26
There are policies guiding governments to subsidies from public service such as
education and public health. In the free market system, where market controls everything,
people are forced to pay for services. Applying these policies in poor countries like
Ethiopia, it is the poor who are going to be affected.
An environmental crisis (climatic change) is the result of the depletion of Ozone.
Climatic change, resulting flooding and drought, has affected the production system
where women are in turn affected.

1.5 Gender socialization

Socialization, as a process of transmitting culture, has been defined as consisting of
―complex process of interaction through which the individual learns the habits, beliefs,
skills and standards of judgment that are necessary for effective participation in social
groups and communities.‖ Socialization is a process, which not only allows the baby to
know about the basic norms of the society, but also helps in the gradual development of
one‘s self. Development of ‗the self‘ or the ‗the ego‘ comes with the help of role playing,
where a child puts himself/herself in somebody‘s else‘s shoe and tries to get his/her self
image through others‘ perception. Coming to know about the ‗other‘, he knows about the
‗self‘. Thus the child comes to learn about the norms, expectations and different roles to
be played in the group through the process of socialization. A child learns about hiss/her
gender identity by learning what is s/he expected to do by others. An individual learns
about his or her gender identity by knowing what s/he is not, or in other words, by
learning about the other which helps in the emergence of one‘s self. For instance, a male
child learns to confirm to his own gender group by neglecting all activities that a girl
child does. Thus, a male child becomes violent and plays hazardous games keeps way
from dolls and kitchen set or else he would be branded a girl.

Socialization is a continuous process that helps one to learn the normative behavior,
which mostly happens to be stereotypical behavior. The very first thing the child is
socialized into is the views regarding his/her gender identity.

27
Socially constituted gender roles form stereotypes. A stereotype, according to the
Webster‘s New World‘s Dictionary, (1998), is an ―unvarying pattern, specifically a fixed
or conventional notion or concept of a person, group, idea etc. held by a number of
people and allow for no individuality or crucial judgment‖. However, social
psychologists define a stereotype as being a cognitive structure containing the perceiver‘s
knowledge, belief, and expectancies about human social group. Stereotypic behavior can
be linked to the way the stereotype is learned, transmitted and changed and this is part of
has socialization process. The process of the stereotypification of gender, has a sort of
biological determinism, which starts with the reproductive ability of woman. Some say
for women ‗anatomy is destiny‘. Women are characterized with lack, the lack of the
genital. Thus they are incomplete. They stand inferior to man biologically; even
physically, they are weaker. This sort of biological determinism has been used, to justify
the submissive position of women. (Bhasin 2000: 10).

Individuals are converted from biological male and biological female into man and
woman respectively with the process of socialization, which takes up the task of
gendering individuals.

regarding socialization, Ruth Hartley (Hartley cited in Bhasin, 2000) believed

socialization takes place through four processes, namely, manipulation, canalization,
verbal appellation and activity exposure.

Manipulation refers to how a child is handed. Boys are taken to be strong and girls are
given more feminine designation of being pretty. Such experiences on one‘s physique
matters in shaping the self-image and personality of boys and girls.

The second phase canalization involves the familiarization of boys and girls with certain
objects, which later shapes their perceptions, aspirations and dreams. Well, we all know
that anything that is pleasurable in the childhood becomes a memory to be cherished
through out one‘s life. ―Verbal appellation‖ likes ―strong‖ for boys and ―beautiful‖ for
girls help them construct different identities. It is always strength versus beauty. The

28
fourth process activity exposure pertains to different kinds activities, boys and girls are
exposed to. Girls are asked for help by their mothers and boys usually accompany their
fathers outside the house.

This is how the idea of gender is constructed and slowly permeates into the psyche of the
individual. As mentioned earlier, gender is socially constructed and, so does one‘s
personality. It is important to note here that the basic difference between a man and a
woman does not seem to have any genetic foundation. It is the result of one‘s culture,
which is injected into an individual through socialization process. Let us have a look at
the basic differences between a man and a woman in most societies and from where this
difference springs from a psychoanalytic perspective.

1.6 Gender construction: a psychoanalytic view

The learning of gender differences in infants and the young children is centered on the
presence or absence of penis. ―I have a penis‘ is equivalent to ‗I am a boy‘ while I am a
girl is equivalent to ‗I lack a penis‘.

―At a very early stage, the little boy develops an object-cathexis of his mother, which is
originally related to the mother‘s breast…, his father by identifying himself with him. For
some time, this two relationships exist side by side, until the sexual wishes in regards the
mother become intense and the father is perceived as an obstacle to them; this gives rise
to the Oedipus complex.

So, ―in repressing the erotic feelings towards the mother and accepting the father as
superior being, the boy identifies with the father and become aware of his male identity‖.
The father represents an all-powerful protector; the omnipotent lawmaker who yields the
rod of punishment. In psychoanalytic terms, the father is the breaker of the mother-child
dyad, the transcendental signifier of law, culture and language. If the boyr is at war with
his father, he is at war with himself. He suffers from worthlessness and shame, and
through the process of identification, he intends to internalize the voice of the torturer.

29
1.6.1Cultural construction of masculinity and femininity
This socialization process is so strong in men and women that one can notice a deep
chasm between them in terms of their perspectives, priorities in life, their dreams and
aspiration and lifestyle and their ways of looking at things. ‗Human beings are not
isolated atomistic individuals; they live and thrive in communities in rational units. Life
is not just rules and principles but also individuals and responsibilities. And this is where
the difference between man and woman lies. The feminine that is associated with woman
is characterized as passive. Tenderness consideration and physical weakness are
synonymous to the feminine genre. The masculine is defined as dominant and
encouraging male violence against women as virile. Men are supposed to be high on
strength and prowess. Men and women have different moral orientations. Men speak the
language of right and women the language of responsibility.

Right from their childhood, boys attempt to dominate and control. But girls are
encouraged to be good mothers. So the first thing they do is attract a man to depend on:
they are expected to be emotional, unstable, weak and talkative about their problems.
They are valued for their look or smallness but not their strength and brains.

Men‘s predominance in the public domain and their association with reason distanced
them from talking about relationships, emotions, which is rooted in culturally construed
and historically specific form of masculinity. Right from their childhood, men have been
treated by their parents as independent and out going. With masked emotional
dependence on women and weak skills of communication as far as feelings are
concerned, men have also suffered from this gender game. Culture has made women
more expressive and it also happens that their expressiveness is confused with the display
of weaknesses. In order to conform to the codes of socialization meant for men, men
bottle-up their emotions and eventually fail to be expressive. Culture has made them
unexpressive for which they suffer from depression and have learnt to keep quite and not
to talk about their problems as it is considered feminine. Their silence on problems has
been mistaken for strength and courage but the truth is that it shatters them from within.

30
The society does not follow one single model of masculinity or femininity. However, it
may boast machismo in men and there is a general notion that it is the most ideal way for
men to behave, and for women to find it desirable. There are different expressions of
masculinity and femininity. At the level of the society these contrasting versions are
ordered in a hierarchy, which is oriented around one defining premise- the domination of
men over women. That is why men take advantage from the dominant position of
―hegemonic masculinity‖. Some call this as ―patriarchal dividend for those who benefit
from it. Femininity can be of various types. The most popular and one which has been
accepted as a general norm to be followed for women has been named as ―emphasized
femininity‖. It complements the ―hegemonic masculinity‖. It is oriented towards
accommodating the desires and interest of men, which is characterized by compliance,
nurturance and empathy. It is supposed to be the embodiment of motherhood and sexual
reciprocity. This type of femininity is the most prevalent image of woman.

1.6.2Patriarchy and its structures

Patriarchy refers to male domination and female‘s acceptance and internalization of that
dominance. Its literal meaning is the supremacy of the father. In the current discourse it
can be replaced with ―male rule‖. ‗Patriarchy may also be described as a system of social
structures and practices in which men dominate, oppress and exploit women.‘ It is both a
social structure and an ideology that perpetuates such a structure and vice-versa. Most of
the institutions of the society are patriarchal in nature, regardless of whether it is the state,
religion, educational institutions, family or the media. The ideology of patriarchy is so
deep rooted in the society that all kinds of violence and subjugation of women appears to
obvious.

Culture itself has certain demands from male and female separately. This male dominant
society has looked down upon women. As indicated earlier, there exists a certain basic
difference between men and women. Women tend to stress on relation ships and
responsibility while men emphasize rules and rights, which make both of them different.
This quality is not the matter of being inferior or superior.

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Our male dominated society has frequently claimed that the development of the child
requires the mother to devote herself completely to the welfare of the child and it is the
primary duty of the mother to shower all kinds of affection and care to the child. The
father is not expected to carry out such duties. It does not come under the domain of man.
It must be noted that motherhood is also socially constructed. Nevertheless, the
patriarchal knows how to appropriate results in its favor without giving much effort.
The world of a man and a woman has been divided into two halves, forming many pairs
of binary opposites. It is a world of body versus mind, nature versus culture, emotion
versus reason, and private versus public. These dichotomies stand in chainto each other
that shape the culturally constituted roles for men and women. This dichotomy is
perpetuated by patriarchy itself.

1.6.2.1 Nature versus culture

The male dominated society and male culture decree that dominance is the male
temperament and subordination the women‘s. Women were allocated domestic service
and attending upon children while men did the rest. The limited role allocated to women
arrested her at the biological level, which was nearer to the animal instinct. When a child
is born, the mother in most cultures is usually in charge of breast feeding the baby, taking
care and socializing it. Infant and children are considered a part of nature. They are
unsocial zed like animals. They are unable to walk upright, they excrete without control
and above all, they do not speak. Thus, infants and children are close to ‗nature‘.
Moreover, women with their association withinfants and children are tagged together
with ‗nature‘. Since men lack a natural basis meant for family orientation, i.e., they do
not reproduce, the cultural reasoning seems to go that men are the ‗natural‘ proprietors of
religion, ritual, politics, and other realms of cultural thought. Thus men are associated
with culture, i.e., the higher form of human thought involving art, religion and law.

1.6.2.2 Private versus public

These physical and social roles of women and men have extended their association with
nature and culture respectively. The nature/ culture debate can further be extended to a
form of private/ public dialogue which divides the roles of men and women into another
dichotomy. No doubt, in our society, a gender hierarchy exists. The ideology of

32
patriarchy remains intertwined with other social institutions. This becomes clear from the
private/public realm. The private sphere popularly known as the domestic has no
economic, political or historical significance. It does not contribute to one‘s social life. It
is tagged as the ‗personal‘. The private realm stands in opposition to the public sphere. It
needs to be nourished with understanding, co-operation, care, and selfness and of course
bundles of emotions. The public sphere is a competitive world, which requires being
aggressive, reasonable and ambitious with no trace of emotions.

1.6.2.3 Gender and workplace

With the industrial revolution came a separation between work place and home. There
emerged the idea of public and private space. Prior to this, women had a considerable
influence within the household due to their importance in economic production, as the
house happened to be the production centre at the same time? Due to the kind of work,
they took up, Men were more exposed to the outside world, thus becoming an integral
part of the public sphere due to the public sphere due to their participation in local affairs,
politics and the market. But women were relegated to the domestic sphere. Mostly, jobs
stand gendered. Women traditionally have been doing household works like cooking and
taking care of children. Thus, certain jobs have been branded feminine and masculine.
One can see occupational segregation based on gender. This refers to men and women
being concentrated in different kinds of occupation. Occupational segregation has two
dimensions, vertical and horizontal. ―Vertical segregation‖ refers to the tendency of
women to remain in the second position, whereas men remain in influential position.
―Horizontal segregation‖ refers to the tendency of men and women to occupy different
categories of jobs. Women shouldered the responsibility of taking on household tasks,
while men were mostly seen in jobs outside home.

Things get extremely difficult for women who are working because they have to bear the
double burden of domestic work, as well as work place.

1.7 Gender in the Media and Information Technology

Gender and Media: Media is one of the most important socializing agents. As millions of
lives are being conditioned and shaped by what is heard on the radio, what is viewed on
television, video and cinema films; what is read in print and what is seen on the stage.

33
Media transmit values and attitudes that highly affect the attitude and behavior of
individuals. The issue of women and media can be looked at from three perspectives:
women‘s portrayal, the content, and women as media consumers. The relationship
between consumers and their decision making capacity, impacts on portrayal. It is a
universal phenomenon that women and men are portrayed in stereotypical ways, more
intensified in many developing countries. As Andersen (1988) indicated, not only are
women and men cast in traditional roles, but also are omitted from roles that portray them
in a variety of social context. Women tend to be portrayed in roles in which they are
trivialized, condemned, or narrowly defined, resulting in the "symbolic annihilation" of
women by the media. Men on the other hand, are usually depicted in high-status jobs in
which they dominate women. Women are usually portrayed doing domestic chores, or
appearing as sex objects and sometimes, they are presented to be selfish and cruel.

Many women do not receive information from the media. Information is at the heart of
education; information is the basis of health; information defines every aspect of
production, distribution and exchange; and information defines social relationship at all
levels. These days there is a fast rate of information transmission and exchange; and this
is made possible because of Information Communication Technologies (ICTs). ICTs are
growing at a faster rate than any other technology and affecting every aspect of people‘s
lives. There is no doubt that such advances present tremendous opportunities for human
development. ICTs have the potential to reduce poverty, empower people and facilitate
the democratization process. However, it can also widen the gaps between the haves and
the have-nots and between women and men. The voices and concerns of women with low
or no incomes, and with limited access to education, to public institutions, and to
positions of decision-making risk being further marginalized.

There are a number of constraints women encounter in accessing information, especially

accessing information using ICTs. According to (Dominguez, 2001), Ethiopian women
share similar constraints in accessing ICTs with women in other African countries. These
include low literacy, limited access to resources and decision-making, limited or no
access to computers, limited telecommunication infrastructure, unreliable telephone line,
high cost of telephone calls, and lack of time. Women who have access usually use ICTs

34
for work purposes, and not for personal growth. Even in their work women's utilization
of ICTs is often limited to using e-mails. However, considering the important role ICTs
play in the provision of information and reducing poverty some efforts need to be made
to create access. The World space satellite radio network does not at this stage seem to
assist rural Ethiopian women, because there is a missing technological link between the
satellite and the rural village. Further, the initial cost of the receiver and the low rural
electricity coverage and high bill is beyond the reach of the majority of Ethiopians.
Ethiopian women are excluded even from conventional information sources. A good
example here is the case of agricultural extension programs, where information is almost
wholly transmitted to men, although women contribute substantially to agricultural
production. The formation of the Ethiopian Media Women Association (EMWA), with
the objectives of training and exchanging experience for capacity building is an attempt
to address problems of gender and the media. Ethiopia is also a member of the East
African Media women Association (EAMWA).

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 Chapter Two

2. Theoretical foundation of gender equality theory

2.1Gender equality
Gender equality refers to equal valuing of the roles of women and men. It works of
stereotypes and prejudices so that both sexes are able to equally contribute to any social,
cultural and political developments within a society. Gender inequality is the result of
social, economic, and political differences not the difference in their sex.

Some examples are outlined below:

2.1.1 Social inequality

 Women and men usually have different roles and responsibilities in their daily
lives. Women have the main responsibility of taking care of children and the
elderly and providing food for the family while men do works outside the house.
 Women have unequal access to education and health services.
 Social customs that encourage or force girls into teenage marriages
 There are a high level of incidence of violence against women in all countries
around the world which are accepted as ‗normal‘.

2.1.2 Economic inequality

 Nearly 70% of the worlds poor are female.
 Women have unequal access to economic resources, such as capital, credit,
limited opportunity for employment and career advancement which restricts and
affect their economic situation.
 Females have unequal access to education and training opportunities which makes
them to concentrate on unskilled and low status jobs.

2.1.3 Political and legal in equality

 Women are very poorly represented at all levels of formal decision making both
at regional and national levels.

36
  The legal system in many countries discriminates against women especially in the
areas of inheritance, property, and land ownership and criminal law.

2.2 Models of equality and approaches

Ever since women have claimed equality, there have been several approaches to equality.

2.2.1 The formal model of equality

The formal model of equality regards men and women as being the same and therefore sets
out to treat women the same as men. Advocates of such a model will argue for the provision
of equal opportunities for women but will go on to expect women to access the opportunities
and perform according to the same rules and standards as men. Anything less than this
would, in their opinion, lead to further discrimination against women, as then they would be
seen as inferior to men.

The problem with this model is that it does not take into consideration the biological and
gender differences between women and men. This places a great pressure on women who
have to perform according to male standards. Women cannot have access to or benefit from
opportunities in the same manner as men when there is so much difference between the
conditions of women and men. Or if they do, it will be at great expense to themselves. For
example, if women and men are given equal opportunity to employment and this requires
doing shift work at night, women will not be able to have access to this opportunity without
some assistance being provided such as transportation, as the social environment is not
conducive to women moving about at night. Women who attempt to do this put themselves
at risk.

Formal Equality Example: Mortgage Loan

Imagine two people apply for a mortgage loan.
The first is a single mother who can only work part-time, contract hours because she
cannot afford full-time childcare. Although she works on a par- time basis, she has not
been unemployed at any time during the past 8 years. If she is able to qualify for a
mortgage, her monthly mortgage payment will be less than her current market rent and
she will then be able to afford full-time child care and will then be able to get a better
paying full-time job, get a car, etc. She has a perfect rental payment record.

37
The second applicant is a single man with no children who works full time. If he
qualifies, he will also be able to pay less for a mortgage than he does on rent.
They complete identical bank loan applications and the bank uses identical criteria to
evaluate each application. The applicants must answer questions on the application
regarding job security. When the bank reviews the applications, the woman does not
qualify because she is a part-time contract employee. The single man does qualify and the
woman continues to be denied the benefits of home ownership
Formal equality applies to sex-based classifications that discriminate against men, as well
as those that discriminate against women. In formal equality terms, the goal is equal
treatment for all, not just women. Extending formal equality principles to rules that
discriminate against men, or favor women, might also be justified on the grounds that
rules that appear to benefit women instead promote attitudes and expectations about
women, including their dependency or status as victims that disadvantaged them across a
wide spectrum of social contexts. Those who offer this rational may favor formal equality
as a strategy, but insofar as their choice of principle is based on its woman-centered
results or outcomes, they already have their foot in the door of substantive equality.

2.2.2 The substantive model of equality

The convention promotes the substantive model of equality and consolidates two central
approaches to equality. First the convention stresses the importance of equality of
opportunity in terms of women‘s access on equal terms with men to the resources of a
country. This has to be secured by a framework of laws and policies, and supported by
institutions and mechanisms for their operation. This is referred to as the Obligation of
means. But the Convention goes beyond this in emphasizing that the measure of a state‘s
action to secure the human rights of women and men needs to ensure equality of results.
The indicators of state progress, in the eyes of the Convention, lie not just in what the
state does, but in what the state achieves in terms of real change for women. Article 2 of
the Convention enjoins the state to ensure the practical realization of rights. Thus the
state is obligated to show results, not just stop at frameworks of equality that are strong
on paper. Hence, the Convention stresses that equality must inform the practice of
institutions. This is referred to as the Obligation of results.

38
The convention is not concerned so much with equal treatment but with equal access and
equal benefits. Hence it recognizes that women and men may have to be treated differently
in order for them to benefit equally. This may take the form of providing enabling
conditions and/ or affirmative action. (Articles 3 and 4)
The conceptual framework underpinning this is the recognition that formal equality, often
manifested in a gender-neutral framing of policy or law, may not be sufficient to ensure
that women enjoy the same rights as men. That is to say, framing a policy for ―people‖
implicitly including women and men, while not excluding women per se, may result in a
de facto discrimination against women. This is because of the fact that women and men
are not the same. Not only is there a significant biological difference between women
and men (women bear children, not men), but gender differences (socially-created
differences between men and women upheld by ideology and perpetuated by
socialization processes) also result in norms and assumptions made about what women
and men‘s roles in society are, what their capabilities, needs and interests are, which
influence both policy-making and its implementation. Differences between women and
men whether based on biological (sex) difference or socially created (gender) differences
results in women‘s asymmetrical experience of:

Disparity
Disadvantage

Initiatives for the realization of women‘s rights need to compensate for or cater to the
difference, disparity or disadvantage. This means taking into account the ways in which
women are different from men, and ensuring that these differences are acknowledged and
responded to by policy or legal interventions and programs. However, how this is done,
depends on what kind of analysis informs the content of policy and programs. All
approaches that take into account differences between women and men are not
immediately favorable to women - in fact, they could be discriminatory in effect, if not in
intention. In order to be able to intervene effectively in favor of gender equality, it is
important to have a conceptually sound understanding of what or why differences
between women and men exist.

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The substantive model of equality that the convention promotes, adopts the corrective
approach. The recognition of difference in the convention is based on the premise that
women are in an unequal position because they face current discrimination, or they come
bearing the effects of past discrimination, or that the environment, at the family and public
levels, is hostile to women's autonomy. This approach assesses specific provisions or rules
to see whether the rule in question contributes to women's subordination in the short or long
term, whether it builds on existing subordination, thus reinforcing it, or whether it helps to
overcome that subordination. Under the corrective approach, if there are job opportunities
that require night work, there would be public policies or laws that require employers to
make some provision that would make it safe for women to work at night instead of placing
a ban on night work. This could be the provision of transport for women workers etc.

Furthermore the corrective approach requires that socially constructed differences such as
the traditional roles ascribed to women and men as well as cultural practices that see women
as inferior need to be changed.
In particular, the convention recognizes that the function of child bearing is borne
exclusively by women and presents a case for viewing child bearing as a social function
which cannot be used as a basis for discrimination against women.

The corrective or substantive approach recognizes that in order to redistribute benefits

equally between women and men, approaches to promoting women‘s rights must
transform the unequal power relations between women and men in the process. For this
to happen, policies, laws and programs must aim to provide the following:

enabling conditions, in the form of the basic social, economic and cultural contexts
within which women may be able to lead their lives with dignity
affirmative action in the form of temporary special measures where women‘s needs
are specially recognized and catered for in the context of employment, education,
financial services, politics and all other spheres of life in order to enable women to
overcome barriers that are historical or those that arise from male domination in the
system.

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In summarizing this approach to equality we can say that the obligation of the state is to
ensure a broad approach to equality that includes:

 Equality of opportunity
 Equality of access to the opportunity and
 Equality of results

2.3 Resistance to the substantive approach to equality

There is, however, a problem with this approach. The problem is, that employers and others
will see that ensuring de facto equality may bring an extra burden and as incurring extra
costs. While it is true there are costs involved, we need to develop arguments to justify
these costs.

The first is on the basis of human rights principles. Article 1 of The Human Rights
Declaration states that, ―All human beings are born free and equal in dignity and rights.‖
And Article 2 states that ―Everyone is entitled to all the rights and freedoms set forth in the
Declaration without distinction of any kind …..‖ Since the Convention promotes the
substantive model of equality, we have to point out that by ratifying the Convention, the
State has accepted an obligation to ensure that women will be able to enjoy all rights and
they are also obligated to regulate all agencies including the private sector to ensure of this
even if it means incurring additional costs. This is an argument that establishes women‘s
entitlement to rights.

The second argument is based on long-term benefits to the country. The corrective
approach ensures that all citizens will contribute to the development of their country
productively and to the best of their capacity. Everyone‘s potential has the opportunity
for its fullest development and more skilled human resources will be available to the
country. Keeping half the population in a subordinated position also incurs costs as they
fall into a dependent category instead of a productive category and have to be provided
for.

The substantive model of equality attempts to bring about social change. Such change does
not come about without risk and it is essential that within the project there are components

41
that anticipate the risk and help women cope with the risk. In this regard the participation of
women in the design of the project and the processes of implementation is essential. It is
only the women concerned who can evaluate the options, assess the trade offs, and decide
on the kind of support needed.

While social change may come at a price, it is often far more sustainable and transformatory
in the long term if it represents a move from dependency to autonomy.

The challenge is to know when to take note of difference, and to decide on appropriate
measures for different treatment that will facilitate equal access, control and equal result.
Such measures will have to be assessed to ensure that they promote autonomy rather than
protection or dependency. This has to be done without compromising the claim for equal
rights and equality as a legal standard. For example, there can be no compromise on the
claim for legal equality in matters pertaining to personal status such as:

Citizenship and nationality

Rights within marriage and family relationships
Rights over children (guardianship)
Equal treatment before the law. etc,

Substantive Equality Example: Mortgage Loan

Using the example above, imagine that the banks mortgage loan application criteria
accommodated the very real differences in each of the applicant's lives. In order to obtain
real equality, the banks evaluation criteria would look at each applicant's circumstances
and consider the fact that even while the single mother was employed on a part time
basis, her rental and work records were perfect.

Moreover, while her employment was contractual, she was consistently and steadily
employed. The bank's criteria would recognize that her priority, particularly because she
had children to care for, was to make sure that she kept a roof over their heads.

A substantive equality approach to the bank's criteria would recognize that the effect of
identical treatment of women and men would result in the exclusion of a large proportion

42
of women from securing loans. This approach allows us to reach this conclusion because
it requires us to understand women's material conditions including their marginalization
in the labor force, their primary role as unpaid caregivers, etc. The goal of human rights
legislation is to achieve substantive equality for all.

2.4 The need for a broad approach to equality

Such an understanding of equality is seen for example in the Canadian Charter of Rights
and Freedoms 1982. Section 15 (I) of the charter reads:
― Every individual is equal before and under the law and has the right to the equal
protection and equal benefit of the law without discrimination and, in particular,
without discrimination based on race, national or ethnic origin, color, religion,
sex, age or mental or physical disability.‖

This broad legal approach to equality is essential as it would help spell out the different
aspects of equality rights to include when seeking legal protection for women: equality in
the substance of the legal texts, equal treatment under the law, access to the law and its
institutions and finally the de facto enjoyment of equal rights. Taken together they
provide a comprehensive coverage. Where there is no such differentiated equality rights,
equality law has had little impact on disadvantaged groups. On the basis of such rights,
there would have to be further provisions that facilitate the fulfillment of the different
levels of equality rights.

This would provide a comprehensive approach to a systemic problem of inequality. It

helps us take into consideration the contexts that create inequality, including past events
and history as well as current institutional arrangements. This approach to equality helps
us focus on results or effects of a particular law or action rather than on neutrality of the
treatment.

2.5 Summary

Formal equality or neutral laws and policies are not enough because men and women are
not the same. There are many areas of:

43
  Difference

 Disparity

 Disadvantage

Initiatives for the realization of women‘s rights need to compensate for or cater for the
difference, disparity, and disadvantage. While men and women cannot be treated the
same, policies that justify discrimination against women on the grounds that they are
different from men deny them justice. The convention obligates governments to base
their initiatives for women on the following principles:
 Equality of opportunity
 Equality of result
 Equality, as a legal standard in personal status, e.g.
citizenship
Rights within marriage and family relationship
Rights over children (guardianship)
Equal treatment before the law

APPROACHES TO EQUALITY

FORMAL: WHILE ESSENTIAL, DOES NOT RECOGNIZE

DIFFERENCE BETWEEN WOMEN AND MEN

BASED ON NEUTRAL LAWS WHICH

TREATS WOMEN AND MEN THE SAME AND SETS
CONDITIONS FOR
ACCESSING RIGHTS ACCORDING
TO STANDARDS THAT ARE MALE
STANDARDS

THIS DISADVANTAGES WOMEN AS

44
 WOMEN AND MEN ARE NOT THE SAME

THERE ARE AREAS OF –

 DIFFERENCE
 DISPARITY
 DISADVANTAGE

PROTECTION: RECOGNIZES DIFFERENCE BUT

DENIES RIGHTS AND HAS LONG
TERM ADVERSE CONSEQUENCES FOR WOMEN

REINFORCES MALE AND FEMALE STEREOTYPES

DOES NOT LEAD TO SOCIAL TRANSFORMATION

SUBSTANTIVE: RECOGNIZES DIFFERENCE BUT

AFFIRMS EQUALITY BETWEEN

WOMEN AND MEN

PLACES OBLIGATION TO CORRECT

THE ENVIRONMENT THAT
DISADVANTAGES WOMEN AND

HENCE ALSO CALLED THE

CORRECTIVE APPROACH

MAKES THE PLAYING FIELD EVEN

REQUIRES ALL INITIATIVES (LAW,

POLICY, PROGRAMS AND SERVICES)

45
 TO LEAD TO –
 EQUALITY OF OPPORTUNITY

 EQUALITY OF ACCESS

 EQUALITY OF RESULTS OR BENEFITS

HOWEVER, THIS APPROACH DOES NOT

COMPROMISE EQUALITY AS A LEGAL

STANDARD IN MATTERS PERTAINING
TO PERSONAL STATUS INCLUDING-

 CITIZENSHIP

 INHERITANCE

 RIGHTS OVER CHILDREN AND

 FUNDAMENTAL FREEDOMS ETC

TOWARDS SUBSTANTIVE EQUALITY

The principle of equality is central to the Convention. However, this concept has been
problematic because the term equality for women is conventionally understood to mean
"the right to be equal to men." The basis for this understanding relates to the fact that
women faced gross inequalities in relation to employment opportunities, wages, access to
and enjoyment of health, rights within the family, citizenship etc. At this level of argument
being equal to men is understood to mean having equal rights to men.

46
The problem arose because equality is then extended to the understanding that women must
be treated exactly like men if they are to gain equality with men or that if women want
equality, then they must do everything that men do. The implication of this is that women
must be treated according to male standards. This obscures the ways in which women are
different from men. If rules of procedure, expected behavior, processes by which a task is
carried out, institutional arrangements etc. are the same for women and men, then women
will be disadvantaged because of the differences between them.

Recognizing difference
The formal model of equality can also recognize difference. In this sense it will say that
since women and men are different then they can be treated differently even if it means that
women and men benefit differentially to the disadvantage of women. For example in
certain categories of jobs such as that of air stewards there can be compulsory retirement age
which is lower for women under the assumption that women lose their attractiveness earlier.
This is not seen as discrimination, as only those who are alike need to be treated in the same
way. Slaves did not need to receive the same privilege as their masters as they were not the
same.

Protectionist approach
There is another policy/development approach that recognizes difference in another way.
That still discriminates against women. This is the protectionist approach that would
require that women be barred from doing certain things in their own interest. Taking the
example of night work, the protectionist policy would prohibit women from doing night
work because of the recognition that the social environment is not safe at night. The
consequence of such protection is that employers will not want to employ women as it
places a burden on the rest of the male workers.
Protectionist approaches see the differences between women and men but constitute these
differences as weakness or inferiority in women. If night work is unsafe for women, it is
diagnosed that women are weak, not that the environment is unsafe. The solution then is to
control or correct the women and not to correct the environment or provide support for

47
women to cope with an unsafe environment. In this sense the difference is considered to be
naturally ordained and the approach serves to reinforce the subordinate status of women.

Protectionist approaches are inherently limiting in that they do not challenge gender
discrimination, but reproduce it in the garb of protecting women. For example, the banning
of women form night work serves to curtail women‘s freedom to work, which is a right men
enjoy, and are not denied on the basis of their sex. Further, such a protectionist approach
reproduces old myths: that women are less safe at night-time that violence against women
only happens at night; it also frees the state from carrying out its obligation to secure
environments for women so that they are free to carry out activities of their choice at any
time

Substantive model of equality

Sex and biology male/ female

Social construction gender

(Socially prescribed Rules

and
Characteristics of women
and men)

Power hierarchy Social,

cultural, economic
and

Political inequality

48
 Appropriate rules, policies and programs, which may have
to be different for men and women

Equality of Opportunities
Equality of Results and Rights

nonn
n

2.6 Non-essentialism
The non-subordination perspective on women and law shifts the focus of attention from
gender-based difference to the imbalance of power between women and men. This
perspective, also known as dominance theory, makes the relevant inquiry not whether
women are like, or unlike, men, but whether a rule or practice serves to subordinate
women to men. Accordingly, similarities and differences between women and men are
important under this theory not as given that produce certain expected, rational
consequences in the law, but as part of a larger system of categories and concepts
designed to make women's subordination seem natural and legitimate. Dominance theory
offers a way of understanding not just the situations of elite women, who are well
represented in liberal feminism, and not just women's situation as a function of class, as
presented by socialist feminism, but the situation of all women.

It is no accident that most of the topics of this unit relate to sexual behavior -- in and
outside traditional families, in the workplace, in educational institutions, in commerce,

49
and elsewhere. This is largely because it is in the sexual realm that dominance theory has
some thing new and different to offer to an analysis of the relationship between gender
and law. With respect to sex-based discrimination in hiring, promotion, and equal pay in
the workplace, in access to education and other public benefits, traditional equality theory
appears to have achieved benefits for women which are desirable even from a dominance
theory perspective. MacKinnon's complaint with equality theory, of whichever variety, is
that while it is adequate to handle certain marginal exceptions -- e.g., privileged women
who fit the male profile -- it is insufficient to address the central inequalities faced by
women -- sexual violence and abuse, poverty, deprivation of control over reproductive
decisions, and so on. To get at these questions, MacKinnon moves beyond questions of
sameness and difference to the construction of women's sexuality, which she considers to
be at the core of the processes through which these more central inequalities are
sustained. This construction is made visible in the sexual acts of pornography, sexual
harassment, domestic violence, and other. But according to MacKinnon it underlines
women's subordination and devaluation more generally in all spheres of women's lives.

2.7 Autonomy
Many legal standards assume that individuals are capable of having "intent," of
exercising "choice" or "consent," and of acting and thinking like a "reasonable" person,
and require juries and judges to make findings accordingly. Women's advocates make
similar assumptions when they argue that women should have greater personal autonomy,
freedom to make their own choices, and power to control their own lives.

A series of challenges to the law's assumption that individuals act autonomously and to
the law's ability to make objective determinations about the individual's intent, consent,
and ability to make rational choices were stimulated by intellectual currents in other
disciplines known as "postmodernism." The postmodern view of the individual or the
"legal subject" opposes the Enlightenment view of the stable, coherent self, capable of
reason and "privileged insight into its own processes and into the 'laws of nature,'‘ with a
more complicated view of the individual as one who is constituted form multiple
institutional and ideological forces that, in various ways, overlap, intersect, and even
contradict each other. These structures produce "the subject's experience of differentiated
50
identity and . . . autonomy," but a misleading one, for under the postmodern view this
experience of what is real, rational, or, in some transcendent sense, true. Some of these
and related themes were brought into law in the 1970's through what became known as
the critical legal studies movement (CLS), a loose coalition of academic scholars who
worked on many theoretical fronts to challenge the law's claim to neutrality, rationality,
and objectivity, as well as the hierarchical structures of democratic society and the
poverty of individualism. In some cases, CLS critiques led to paralysis inaction, for the
assault on the objective foundations of liberal legal thought seemed to undermine any
foundations for an alternative framework as well. If neutrality, and objectivity, and even
autonomy are impossible, it was hard to see how any reforms of existing legal structures,
however radical, could be defended.

In the hands of scholars of gender and law, however, postmodern insights have not ended
efforts to enhance the autonomy and freedom of women but rather have invigorated them.
Legal activists and scholars who have enlisted postmodern critiques in the effort to end
women's subordination have shown that better understanding of the limits of individual
subjectivity and free choice can lead to better strategies for maximizing autonomy. The
proposition that autonomy is impossible was restated by some scholars and women's
advocates as a practical observation that choice is a relative concept, and that, in some
matters at least, more is better than less. At the same time, the meaning of autonomy has
been expanding beyond the right to be free from interference by others to include the
ability to flourish among and in relation to others.

Many "anti-essentialist" critiques implicitly or explicitly call for a more sophisticated

understanding of relations of power. When we think about oppression, we tend to assume
there are people and groups who are oppressed and people and groups who are
oppressors.
But is it possible for an individual or a group of people to be oppressed in some ways and
privileged in others? And is it possible for a person to benefit from oppression without
actively or even knowingly being "an oppressor?" This recognition may make the
analysis of gender more difficult, but it may also open up possibilities for seeing new
connections between forms of oppression that initially look very different.

51
 Chapter three
3. Gender and family
3.1 Traditional marriage and its consequence on women
3.1.1 Child marriage

What is child marriage?

Child/Early marriage refers to any marriage of a child younger than 18 years old, in
accordance to Article 1 of the Convention on the Right of the Child. While child marriage
affects both sexes, girls are disproportionately affected as they are the majority of the
victims. Their overall development is compromised, leaving them socially isolated with
little education, skills and opportunities for employment and self-realization. This leaves
child brides more vulnerable to poverty, a consequence of child marriage as well as a
cause.

Child marriage is now widely recognized as a violation of children's rights, a direct form
of discrimination against the girl child who as a result of the practice is often deprived of
her basic rights to health, education, development and equality. Tradition, religion and
poverty continue to fuel the practice of child marriage, despite its strong association with
adverse reproductive health outcomes and the lack of education of girls.

Advocates for gender equality and the abandonment of harmful traditional practices
(HTPs) argue that early marriage is one of the most harmful practices as it usually denies
girls educational opportunities, leads to poverty and economic insecurity and has a
serious negative impact on their health and decision-making capacities. It also reinforces
other forms of gender-based violence and problems. Early marriage is mostly common in
sub-Saharan Africa and Southeast Asia. It is rampant in Ethiopia, although prevalence
varies from one region to another. At the national level, 62% of Ethiopian women aged
20-49 get married before the age of 18.

52
Types of early marriage in Ethiopia include promissory marriage, whereby a verbal
promise is made at infancy or even childbirth by the parents to have their children
married; child marriage, in which children under the age of 10 are wedded; and
adolescent marriage, which involves girls aged between 10 and 15. In most cases, the
child bride is taken to her in-laws immediately after the wedding; in other cases the
parents agree that the girl stays with her parents until she is mature enough to live with
her husband. In general, husbands are much older than their young wives. Early marriage
is a violation of the fundamental rights of the child. Article 21 of the 1990 African
Charter on the Right and Welfare of the Child states that ―Child marriage and betrothal of
girls and boys shall be prohibited and effective action including legislation shall be taken
to specify the minimum age of marriage to be 18 years.‖ Also, the Maputo Protocol on
the Rights of Women in Africa (October 2005) and the newly adopted criminal law of
Ethiopia (2005) acknowledge the minimum age of marriage for women to be 18 years
and state that marriage shall only take place with full consent of both parties.
Unfortunately, knowledge of and respect for the law is limited among many rural
communities.

3.1.2 Child and forced marriage

A forced marriage is defined as a marriage "conducted without the valid consent of one
or both parties and is a marriage in which duress - whether physical or emotional - is a
factor". Some believe that any child marriage constitutes a forced marriage, in
recognition that even if a child appears to give their consent, anyone under the age of 18
is not able to make a fully informed choice whether or not to marry. Child marriages
must be viewed within a context of force and coercion, involving pressure and emotional
blackmail and children that lack the choice or capacity to give their full consent.

3.2 Causes of early marriage

Despite the legal sanctions against marriage before age 18 and the growing awareness
among leaders and educators that it is harmful to girls and their families, parents continue
to insist on marrying their daughters in their mid-teens and go to some lengths to resist all

53
opposition. The strongest reason for early marriage is the desire or need to maintain the
family‘s good name and social standing. For men in particular, the success of their
children is a measure of manhood and community status, and a daughter‘s success rests
in her making a good marriage and linking her family to another family. Concern about a
girl becoming pregnant out of marriage is also prevalent, though not nearly as significant
as the issue of stateside.

There is little doubt that parents are well aware of the negative consequences of early
marriage, which are commonly discussed in communities. Though many condemn it in
public, they seem compelled to continue its practice. This pursuit of tradition in the face
of compelling negative evidence is common to most cultures and must be well
understood when developing social change programs.

3.2.1 Poverty and economic transactions

Poverty is a critical factor contributing to child marriage and a common reason why
parents may encourage a child to marry. Where poverty is acute, a young girl may be
regarded as an economic burden and her marriage to a much older - sometimes even
elderly - man is believed to benefit the child and her family both financially and socially.
In communities where child marriage is practiced marriage is regarded as a transaction,
often representing a significant economic activity for a family. A daughter may be the
only commodity a family has to be traded and sometimes girls can be used as currency or
to settle debts. A girl's marriage may also take place as a perceived means of creating
stability. In uncertain times, poor harvest conditions or war, a family may believe it is
necessary to ensure the economic 'safety' of their daughter and family, through marriage.

In Africa the monetary value of bride price, or bride wealth, is linked with marriage.
Bride price is a sum, either in cash or kind, used to purchase a bride for her labor and
fertility.

In the context of poverty, the practice of paying bride price can encourage early marriage.
Young girls, a resource with which their parents can attain greater wealth, are married off

54
at a young age, for the bride price and as a way for parents to lessen their economic
burdens.

3.2.2 Notions of morality and honor

Dominant notions of morality and honor are important factors encouraging the practice of
child marriage. These are influenced greaty by the importance placed on maintaining
'family honor' and the high value placed on a girl's virginity. It is considered that a girl
brings shame to her family if she was not a virgin when she married. Therefore, in order
to ensure that a girl's virtue remains in tact, girls may be married earlier, in order to
ensure their virginity. Young girls may also be encouraged to marry older men, due to the
perception that an older husband will be able to act as a guardian against behavior
deemed immoral and inappropriate.
In other words, the strongest reason for early marriage is the desire or need to maintain
the family‘s good name and social standing. More than 55% of the ever married women
interviewed reported having been pressured into marriage. The sources of that pressure
were predominantly fathers and mothers, followed by community elders and others in the
community. Some, are not even informed about the wedding before the decision was
made, and are not asked for their consent, or do not know the groom before the wedding.

Reasons for getting married (in order of importance):

1. It is a tradition
2. To strengthen relationships
3. For prestige
4. Difficult to get married if older
5. The family will be victim of gossip
6. To earn dowry
7. To protect virginity and avoid premarital sex.

3.3 Consequences for health and well-being

Early marriage has severe consequences for the health and wellbeing of girls and women.
In the Ethiopian context, some of these include:
- Marital instability – Among the respondents, about 27% of marriages in urban areas
and 19% in rural areas had ended in divorce or separation. Of those that had married

55
more than once, 56% reported that their first marriage ended either because they were too
young or ‗not interested‘ in the marriage. Many girls run away from unhappy marriages
only to be sent back by their parents.

- Termination of education – In almost every setting, better-educated women are more

likely to use contraception, bear fewer children, raise healthier children, and make better
decisions for themselves and their children and to make greater economic contributions to
the household. More than 80% of girls aged 12 to 14 in our sample were in school.
However, among out-of-school respondents, 28% cited marriage and 19% cited
childrearing obligations as their reasons for quitting school. Four percent cited their
husbands‘ disapproval of their school attendance as a reason.
Married adolescent girls‘ inability to negotiate safer sex and other social
pressures represent a critical channel of vulnerability to HIV infection.

- Inability to plan or manage families – Statistically, women who marry early are likely
to bear more children. Young mothers exercise less influence and control over their
children and have less ability to make decisions about their nutrition, health care and
household management.

- Impact on sexual health of women and girls – Young girls can face considerable
physical pain associated with sexual intercourse as a result of the physiological
immaturity of their sexual organs. Complications due to pregnancy at a young age
frequently include obstetric fistula (perforation of the bladder or bowel, due to prolonged
labor).

- Vulnerability to HIV infection – A girl is physiologically more prone to contracting HIV

than a male, as her vagina is not well lined with protective cells and her cervix may be
penetrated easily. Young women are several times more likely than young men to
contract the disease through heterosexual contact. Also, deeply entrenched socio-
economic inequalities further compound their risk. Marriage can increase married girls‘
exposure to the virus, especially as older husbands may engage in unprotected sexual
relations with other partners. The risk of HIV infection is higher among the poorest and
most powerless in society, and, as such, married adolescent girls will be more at risk of

56
infection than unmarried girls who are not having sexual intercourse. Married adolescent
girls‘ inability to negotiate safer sex and other social pressures represent a critical channel
of vulnerability.

To sum up, early marriage has physical consequences, in the sense that when a child
bride is married she is likely to be forced into sexual activity with her husband, and at an
age where the bride is not physically and sexually mature this has severe health
consequences. Child brides are likely to become pregnant at an early age and there is a
strong correlation between the age of a mother and maternal mortality. Young mothers
face higher risks during pregnancies including complications such as heavy bleeding,
fistula, infection, anemia, and eclampsia which contribute to higher mortality rates of
both mother and child. It has also consequences on the social development of child
brides, in terms of low levels of education, poor health and lack of agency and personal
autonomy. Psychological and social consequences of early marriage is about the
imposition of huge responsibility for a young girl to become a wife and mother and
because girls are not adequately prepared for these roles this heavy burden has a serious
impact on their psychological welfare, their perceptions of themselves and their
relationship. Women who marry early are more likely to suffer abuse and violence, which
have inevitable psychological as well as physical consequences. Studies indicate that
women who marry at young ages are more likely to believe that it is sometimes
acceptable for a husband to beat his wife, and are therefore more likely to experience
domestic violence themselves.

3.4 Custody and support of children

Federal Constitution provides the umbrella articles for the protection of the rights of the
child. As a party to the Convention on the rights of a child, the Ethiopian Government has
been revising legislation that does not tally with the provisions of the Convention. One
crucial exercise on this front has been the revision of the Penal Code. An important
inclusion in the revised Penal Code is the criminalization of female circumcision and
genital stitching. Two other important steps were also taken in the upholding of human
rights. Proclamation No. 210/2000 was enacted in July 2000 establishing the institution

57
of the Ombudsman. The Human Rights Commission was also set up by Proclamation No.
210/2000.

3.5 The role of women in the success of their husband

Despite significant gains in educational attainment and attitudes toward women, women
continue to lag behind men in economic and labor market success. Their role in family
has not been considered because of the unnoticed gender-gap. Next to child rearing which
is an important influence in the life-cycle of women, their contribution to their husband‘s
success has not been given much attention. Almost all of the empirical evidence points
toward gender role beliefs as the key variable shaping the entire family leave alone the
husband. It is expected that economically ―rational‖ decisions and outcomes will only
occur when both the husband and the wife share strong progressive gender role beliefs
without the domination of one. But most decisions are expected to be largely dominated
by the husband‘s desire and characteristics and this will affect the economic status of
women. Femininity has tended to be devalued, even despised or deemed evil, while
things masculine have been celebrated and venerated. The unequal and unfair standards
between the sexes are reflected in all spheres of life. As their equality is recognized under
the constitution of the Federal Democratic Republic of Ethiopia, the revised family code
also reflects the same under its provisions.

58
 Chapter Four
4. Global and comparative approaches to violence
against women within and outside family

4.1 Defining Violence against Women

In 1993, the U.N. General Assembly adopted the non-binding Declaration on the
Elimination of Violence against Women (DEVAW). The Declaration, which was
supported by the U.S. government, describes VAW as ―any act of gender-based violence
that results in, or is likely to result in, physical, sexual, or psychological harm or suffering
to women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or private life.‖ The DEVAW definition of VAW is broad,
encompassing both physical and psychological harm. It is used in this report because it is
one of the most inclusive and widely agreed to international definitions. In some
contexts, VAW may be used synonymously with ―gender-based violence‖ (GBV), which
describes violence perpetrated against an individual, regardless of sex, because of his or
her gender.

Despite the international adoption of DEVAW, however, governments, organizations,

and cultures continue to define VAW in a number of ways, taking into account unique
factors and circumstances. How VAW is defined has an implication for policymakers
because the definition affects the types of violence that are measured and addressed.
Some law enforcement organizations and national criminal codes, for instance, do not
consider psychological abuse to be a form a VAW because, while harmful, in many cases
it is not illegal. Others, however, advocate for a broader definition of VAW, contending
that physical and psychological harm cannot be separated, and that psychological abuse
can be as devastating as physical abuse.

4.2 Scope and Context

VAW occurs in all geographic regions, countries, cultures, and economic classes. Many
experts view VAW as a symptom of the historically unequal power relationship between

59
men and women, and argue that over time this imbalance has led to pervasive cultural
stereotypes and attitudes that perpetuate a cycle of violence. Though the specific causes
of VAW vary on a case-by-case basis, some researchers have identified community and
individual risk factors that may increase rates of violence against women. Community
factors may include cultural norms that support male superiority, high crime levels, poor
economic conditions, and a lack of political and legal protection from governments.
Individual factors that may lead to a high risk of becoming a victim of VAW include
living in poverty and a previous history of abuse.

4.2.1 Social and Health Consequences

A wide range of research highlights the serious social and civil consequences of violence
against women. In many societies, women provide emotional and financial support for
families and communities. Studies have shown that violence and the social stigma of
violence negatively affect the ability of women and girls to participate fully in and
contribute to their communities. Research has also found that women who experience
violence are less likely to hold jobs and are more likely to live in poverty than those who
do not experience violence. Violence and the fear of violence may cause some women to
avoid public places such as schools and the workplace. Some research has also found that
women may also be less likely to participate in political activities or development
projects because of the threat of physical violence. Moreover, some studies have found
that harassment and sexual abuse contributes to low female enrollment rates and high
dropout rates from secondary schools.

The health consequences of VAW are significant, with many victims suffering from
severe physical and mental health consequences — both immediate and long-term.
Numerous studies have found that women and girls who experience violence have an
increased risk of poor physical and reproductive health. The physical health impacts of
VAW can be divided into two categories — immediate and functional. Immediate
consequences directly result from acts of violence, and may include fractures, gunshot
wounds, bruises and lacerations, and death. Functional consequences also referred to as
―functional disorders,‖ include long-term health consequences. Researchers have linked
these functional impacts to long-term physical or sexual abuse. They include

60
gastrointestinal disorders, chronic pain (including pelvic pain), chronic urinary tract
infections, and irritable bowel syndrome.

4.2.2 Prevalence and Circumstances

World Health Organization (WHO) multi-country surveys estimate that between 10% and
69% of women have been physically hit or harmed by a male partner at some point in
their lives. The WHO survey found that levels of violence tend to vary by country, and
that women in developing countries may experience higher rates of violence than those in
developed countries. Some research indicates that approximately one in five women
experiences rape or attempted rape during her lifetime. Surveys in some Asian and sub-
Saharan African countries have found high female mortality rates due to female
infanticide and nutritional neglect of young girls.
Many incidences of violence are not reported because of the shame and fear associated
with being a victim. Experts generally agree that current levels of violence reported
through studies and national and local law enforcement records represent a minimum of
actual VAW cases. Rates of sex trafficking, sexual violence in armed conflict situations,
female infanticide, and violence in schools and the workplace, for example, are thought
to be significantly under-documented, particularly in developing countries like Ethiopia.
Underreporting may occur because victims view violence as normal or expected
behavior. In addition, in certain circumstances it is difficult for researchers to collect data
on VAW prevalence. In conflict situations, for example, potentially dangerous and fluid
conditions may affect the ability of researchers to gain access or create conditions
conducive to victims coming forward. In addition, some communities, particularly those
in developing countries, lack adequate law enforcement infrastructure and reporting
services, which may discourage women from reporting abuse.

VAW can occur in the home as well as in public and private institutions, including the
workplace, schools, universities, and state institutions. Custodial VAW, which includes
violence in prisons, immigration detention centers, social welfare institutions, and jails, is
reported in many areas of the world — though there are not enough to data to quantify its
prevalence globally. Moreover, VAW in schools, which can be perpetrated by teachers,
administrators, and students, is prevalent in developing countries. World Bank study
61
found that approximately 22% of women reported being sexually abused in school. A
qualitative study in Ethiopia found that harassment and sexual abuse contributed to low
female enrollment rates and high dropout rates from secondary school.

4.3 Types of Violence

Violence against women can include both random acts as well as sustained abuse over
time, which can be physical, psychological, or sexual in nature. Some studies have found
that women are most likely to experience violence at the hands of someone they know,
including authority figures, parents, sons, husbands, and male partners. Studies conclude
that one of the most common forms of VAW is intimate partner violence, which can
include forced sex, physical violence, and psychological abuse, such as isolation from
family and friends.

Examples of Violence against Women

Life Stage Examples

Infancy Infanticide; psychological and physical abuse; differential
to food and medical care
Childhood Female genital cutting; incest and sexual abuse; psychological
abuse; differential access to food, medical care, and education;
prostitution; trafficking; school-related gender-based
violence
Adolescence Dating and courtship violence; economically coerced sex; sexual
abuse in the workplace; rape; sexual harassment; forced
prostitution; trafficking; psychological abuse; forced marriage;
dowry abuse; retribution for the crimes of others
Reproductive Intimate partner abuse; marital rape; dowry abuse; honor
killings; partner homicide; psychological abuse; sexual abuse in
the workplace; abuse of women with disabilities; forced
prostitution; trafficking
Old age Widow abuse; elderly abuse; rape; neglect

62
There are many different types of violence against women. Honor killings, for example,
occur when women are stoned, burned, or beaten to death, often by their own family
members, in order to preserve the family honor. The practice is most common in Middle
Eastern and South Asian countries, though it has also been reported in other parts of the
world, such as Latin America and Africa. Dowry-related violence, where victims might
be attacked or killed by in-laws for not bringing a large enough dowry to the marriage, is
also prevalent in South Asian countries such as Pakistan, India, and Bangladesh. Female
genital cutting (FGC), which has also been referred to as female genital mutilation
(FGM) or female circumcision, is common in some African and Middle Eastern
countries.

4.3.1 Harmful Traditional Practices

Traditional practices are part of local cultures and are generally considered socially
acceptable; in some cases, they are encouraged by family members and the community.
Many experts maintain that some of these practices are damaging to women. They argue
that ―harmful traditional practices,‖ including FGC, intimate partner violence, and child
marriage, perpetuate unbalanced sex stereotypes and a cycle of violence. What
constitutes a harmful traditional practice, however, is a matter of perspective. In some
cultures, for instance, both men and women may view violence as a legitimate
punishment for female disobedience and as a traditional part of male-female
relationships. Moreover, some women may not view forced marital sex as rape, or endure
frequent beatings from their husbands, fathers, sons or boyfriends because of cultural or
familial legacies. In addition, some do not view child marriage as a harmful traditional
practice — instead they see it as a cultural tradition that should be respected.

In recent years, some international advocates have increasingly argued that harmful
traditional practices should be addressed through anti-VAW programs. They maintain
that anti-VAW efforts should focus not only on treatment and services for victims of
violence, but also on eliminating harmful traditional practices. Because some of these
practices are often a part of a community‘s culture, however, programs that introduce
treatment and services may meet resistance. Some experts argue that harmful traditional
practices cannot be significantly altered without sustained, long-term efforts on the local
level with national and international support. Finding the most appropriate balance and
63
means of intervention is a challenge that highlights a broader debate — with human
rights and individual freedom on the one hand, and the right to preserve culture, group
identity, and tradition on the other.
4.3.2 Abduction
In some regions of Ethiopia, abduction and rape is a cultural practice used to take a girl as
wife by force. Typically, the girl is abducted by a group of young men, and then raped by
the man who wants to marry her-either someone she knows, or a total stranger. Elders
from the man's village then ask the family of the girl to agree to the marriage; the family
often consents because a girl who has lost her virginity would be socially unacceptable
for marriage to another man. Sometimes the abductor keeps the girl in a hiding place until
she is pregnant, at which time the family again feels it has no option but to agree to the
marriage.

It may seem unlikely a victim would willingly marry the perpetrator of her abduction and
rape. However, with social and cultural pressure from families and the community, as
well as threats from the offender, the girl will often "consent" to marry her perpetrator.

Both, abduction and rape are criminal offences under the Ethiopian law, but if marriage is
subsequently agreed, the husband is exempt from criminal responsibility for his crimes.

Changing the law to adequately address the injustice that abducted and raped girls face is
essential to the realization of the fundamental right to equality in Ethiopia.

4.3.3 Rape
The word ‗rape‘ has different definitions. For example, Webster’s Dictionary (1975)
defines it as the 'illicit carnal knowledge of a woman without her consent, effected by
force, duress, intimidation, or deception as to the nature of the act.' Susan Brown Miller
also defines it as a conscious process of intimidation by which all men keep all women in
a state of fear. Allison Morris, in her book Women, Crime, and Criminal Justice, writes
of rape as motivated by anger (involving an expression of hostility towards women and a
desire to humiliate them) and power (involving the assertion of dominance over women).

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4.3.3.1 Causes of rape

Even though the potential causes of rape are varied and controversial, because of personal
and cultural beliefs as well as economic status, the most commonly attributed causes of
rape are inequality in gender power relations and the anger and sadism of the rapists.
Sexiness is not the primary motive underlying rape, as most people might tend to think.
Evidences reveal that the sexual aspect of rape is of secondary importance, as married
men and men with partners have been reported to have forced themselves on other
women or children.
In Ethiopia's case there is a range of other complex contributing factors, such as culture
and tradition, poverty and war.

4.3.3.1.1 Culture: Culturally transmitted assumptions about men's dominance

over women, men's power over women, etc. contribute highly to the
ever increasing number of rape cases reported. There is a tremendous
denial about the issue of violence against women and children in
Ethiopia. Ethiopians are defensive about any criticism directed against
their society. They are proud of their culture or social system, and they
don't appear to want to change it. Even when women speak about
violation of their rights, they are told that they are becoming
'westernized', even by those who are educated. The prospect in this
regard appears to be sad.
A man in his mid-twenties, when asked about why men rape, said that those who raped
were sure that they could do whatever they wanted to women and/or children because
they had the power. He further explained that the main reasons why they raped were
sexual frustration, lack of self-awareness, lack of self-esteem, and due to both family and
community environment. Furthermore, Ethiopian culture tolerates sexual violence against
girls and women. Abduction and early marriage, always followed by rape, are the norms
in some parts of our society. Kidnapping and the concomitant raping of a woman, as one
way of acquiring a wife, is a common occurrence. The social acceptance of this practice
puts all women and children in a state of fear, so much so that the UN has reported that
women are severely reducing the daily water and nutritional intake of their families in
order to avoid being in the field or walking to wells to collect water.

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On top of the fertile ground already existing in our culture, rape, western pornographic
videos, films and literatures, which often objectify and devalue women, are proliferating
in our society, initially among the affluent but now even among the poor through video-
showing outlets. This practice has created a conducive situation for the rapid rise of rape
in the country.
4.3.3.1.2 Poverty: Poverty drives women and children into commercial sex and
streets, which make them vulnerable to sexual exploitation, abuse and
rape. As early marriage is rampant in the rural areas, those escaping
this type of marriage, or those simply escaping rural poverty, migrate
to towns and cities where they will either become maidservants or join
the commercial sex industry. They are, more often than not, raped in
places where they make their living as prostitutes or even at the homes
where they serve as maids.
4.3.3.1.3 War: History is smeared with a lot of ugly lessons about the
interrelation between war and rape. This has happened in almost all the
wars that history has known. Rape is used in most wars as revenge
against certain races, ethnic groups and religious communities. Putting
aside for the moment the unforgivable victimization of individual
women, the victors use rape for the purpose of demoralizing and
intimidating the side to which the victims belong. UNICEF's Progress
of Nations 1997 report has revealed that over 20,000 Muslim women
were known to have been raped in Bosnia-Herzegovina during the
recent war in the Balkans, and that more than 15,000 women were
raped in one year in Rwanda. Mass rape has also been reported to have
taken place as a weapon of war in Cambodia, Liberia, Peru, Somalia
and Uganda. Ethiopian media have reported that Eritrean soldiers
raped Ethiopian women during the two year Ethio-Eritrean conflict.

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4.3.3.2Consequences of Rape

4.3.3.2.1 Psychological

Though the complications of rape vary enormously, depending upon age, culture and
other related factors, it leaves the victims, their family members, as well as their
communities with enormous psychological trauma. Other forms of torture and ill-
treatment that are always accompanied by rape leave victims scarred for life. About 90%
of the victims suffer some degree of physical injury and threats of violence compounded
by the presence of weapons and intimidating verbal abuses. As a result, the following are
some possible psychological consequences which raped women and children face:
Fear and phobia, repressed anger leading to overwhelming depression
and anxiety, feeling of guilt, self-blame, shame, loss of control over oneself, immense
shock and disbelief, confusion, difficulty in making decisions, hatred towards men,
diminished self-esteem, feelings of worthlessness, fear of being alone, disobedience,
aversion to sexual intercourse, thoughts of suicide, desire for revenge, etc.

At least two or three of these emotional disorders occur in any given victim. It is also
easy to imagine how horrendous the outcome will be when it happens to physically,
psychologically and mentally immature children. Worldwide 40-90 percent of sexual
assaults are perpetrated against girls who are 15 years old or younger.
4.3.3.2.2 Social
Because rape is associated with social stigma, the victims lose their dignity and respect in
society. They also find it difficult to participate in social activities, as a result of which
they alienate themselves from society. In rural areas, when a woman is abducted and
raped, she will no longer get a husband unless her rapist marries her, which of course will
add to her misery. She will run away to cities where nobody knows her, only to face
prostitution, streets and other social problems.

4.3.3.2.3 Economic
Women's participation is very crucial for a sustainable development of any country. For
women‘s participation to be realized education is mandatory. Among the reasons why

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girls do not pursue their education in Ethiopia and other developing countries one finds
that (1) either girl get abducted and raped on their way to school, or (2) because of fear of
being raped and the anxiety associated with it, they will either not attend school at all or
perform poorly if they do. These and other such reasons result in their exclusion from
participating in national development programs. Given the fact that development without
women‘s participation is unthinkable, the country will be affected negatively, and its
future, in terms of manpower development, which basically depends on the number of
children born, will also be questionable. As lack of education will also leave women
unemployed, poor and powerless, violence perpetrated against them will continue
unabated.

4.3.3.2.4 Health
Rape brings significant health problems to the victims. Most importantly, it can lead to
unwanted pregnancies and transmissions of STDs, including HIV/AIDS. In Ethiopian
law, there is no provision for the right to abort even in cases of rape. As women cannot
legally abort, they are forced to resort to illegal and unsafe options, usually carried out by
incompetent people, which are more often than not followed by complications. Some of
the complications are infection, including HIV/AIDS, torrential bleeding, perforation of
the uterus, infertility, etc. These and other physical damages occur especially when rape
victims are those who are biologically weak. Moreover, due to the high biological
receptivity to viral transmission of young victims, there is a greater risk of contracting
STDs, including HIV/AIDS. Worldwide, women between the ages of 15 and 24 account
for half of new HIV infections, and there is no doubt that most of them are due to rape.
Generally, the consequences of rape are all interrelated. The process is like a vicious
circle.
4.3.3.3 The Extent of Rape in Ethiopia

In Ethiopia there is hardly any statistical evidence or data on rape apart from what is
occasionally mentioned on the media. So, we cannot state the extent of its prevalence and
distribution in the country. This is because rape is one of the most unreported crimes due
to the prevailing attitude that it is shameful and degrading to the victims, and thus, the
less said about it the better. However, it is believed that rape has increased over the last
few years. Though the reasons for this belief are not still clear, one reason could be that

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rape cases reported to the police have increased of late. The problem could not be
effectively solved, however, as there is no systematic research done yet.

4.3.4 Marital rape

Culturally-based abuses including wife beating and marital rape are pervasive social
problems. While women have recourse to the police and the courts, societal norms and
limited infrastructure inhibit many women from seeking legal redress, especially in
remote areas. Social practices obstruct investigations into rape and the prosecution of the
rapist, and many women are not aware of their rights under the law.

Marital rape is non-consensual sexual assault in which the perpetrator is the victim's
spouse. It is also called spousal rape. Due to popular stereotypes of "real" rape, it is often
assumed that because spouses have been sexually intimate, forced sexual intercourse in
marriage is not as traumatic as rape by a stranger.

Sexual contact gained through force, coercion, manipulation or fear of harm is rape, a
tool to control and overpower another person. This type of control is often found with
other violent and abusive behaviors. So the same holds true in the case of marital rape.

Rape by a stranger can be highly traumatic but is usually a one-time event and is clearly
understood as rape. In the case of rape by a spouse or long term sexual partner the history
of the relationship affects the victim‘s reactions. Marital rape is likely to be part of an
abusive relationship. Trauma from the rape adds to the effect of other abusive acts or
abusive and demeaning talk. Furthermore marital rape is likely to happen repeatedly.

As the concept of human rights has developed, the belief of a marital right to sexual
intercourse has become less widely held. In December 1993, the United Nations High
Commissioner for Human Rights published the Declaration on the Elimination of
Violence against Women. This establishes marital rape as a human rights violation. This
is not fully recognized by all UN member states. In 1997, UNICEF reported that just 17
states criminalized marital rape. But in Ethiopia, men are exempted from penalty for
rape — if they subsequently marry their victims.

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Some societal beliefs and misconceptions contributing to the tolerance of marital rape:
Sexism is at the heart of marital rape, just as it is at the heart of most forms of sexual
violence. The widespread idea that a husband has a right to sex, and has a right to use his
wife's body for this purpose makes it difficult to recognize sexual coercion in marriage.
How can a husband be guilty of taking something that belongs to him? Often the
marriage vows are seen as giving contractual consent to sex; hence the crude joke "if you
can‘t rape your wife, who can you rape?" People may think of marital rape as just a
bedroom squabble: he wants sex, she's not in the mood, and he wins. Supposed to enjoy
sex, but are just supposed to put up with it.

4.3.5 Sexual harassment

We all suffer when sexual harassment is tolerated in our classrooms and workplaces.
There are two types of sexual harassment, ―quid pro quo‖ and ―Hostile environment‖.
Sometimes the two types occur together. The targeted person may be harmed
emotionally, mentally, and even physically. Hostile environment is the most common
form of sexual harassment. Hostile environment is said to occur when it unreasonably
interferes with a person‘s work or academic performance or it creates an intimidating,
hostile, abusive or offensive environment. It usually involves a pattern of repeated
behavior, such as:
- behavior that is unwelcome including request for a date
- behavior that is sexual in nature like a shoulder or back rub
- a behavior that creates a hostile or intimidating environment like
comments about the persons appearance.

Quid pro quo is a Latin term meaning ―this for that‖. This form of harassment is usually
easy to recognize. Quid pro quo occurs when a supervisor or faculty member, or a person
acting with authority, with holds, demands and/or promises a benefit by pressuring an
employee or student to submit to unwelcome sexual conduct. For example:
-an employee is denied a promotion because he/she refuses to be romantically involved
with his/her supervisor; or

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-a student receives a lower grade because he/she refuses to go on a date with his/her
teacher assistan etc.

There are abundant cases of harassment in Ethiopia, but the law does not specifically
criminalize it. It occurs at work places, on the streets and educational institutions. The
position of power and authority, which the man that harasses a women has over her, is
extremely relevant. The labor proclamation of 1993 (number 42/93) does not mention
sexual harassment.

4.3.6 Female genital mutilations

This traditional practice dates back many centuries. It involves cutting and removing
parts or all of the female genitalia. There are serious types of FGM. It is a very painful
operation that deprives a woman of a vital part of her sexual organs. After-effects range
from infections to serious problems during intercourse and child delivery, not to mention
the psychological trauma.

4.3.7. Forced prostitution

Forced prostitution is a violent offence to physical and sexual self-determination. Forced
prostitution is a crime. It violates human rights of emotional and physical integrity. The
victims of forced prostitution are mostly women. Sexual slavery encompasses most, if not
all, forms of forced prostitution. Sexual slavery refers to the organized coercion of
unwilling people into different sexual practices. Sexual slavery may include single-owner
sexual slavery, and ritual slavery sometimes associated with traditional religious
practices, slavery for primarily non-sexual purposes where sex is common or forced
prostitution.

In general, the nature of slavery means that the slave is de facto available for sex, and
ordinary social conventions and legal protections that would otherwise constrain an
owner's actions are not effective.

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The terms "forced prostitution" or "enforced prostitution" appear in international and
humanitarian conventions but have been insufficiently understood and inconsistently
applied. "Forced prostitution" generally refers to conditions of control over a person who
is coerced by another to engage in sexual activity. In 1949 the UN General Assembly
adopted the Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others (the 1949 Convention).

The 1949 Convention supersedes a number of earlier conventions that covered some
aspects of forced prostitution. Signatories are charged with three obligations under the
1949 Convention:
 prohibition of trafficking,
 specific administrative and enforcement measures, and
 Social measures aimed at trafficked persons.
The 1949 Convention presents two shifts in perspective of the trafficking problem in that
it views prostitutes as victims of the procurers, and in that it eschews the terms "white
slave traffic" and "women," using for the first time race- and gender-neutral language.
Article 1 of the 1949 Convention provides punishment for any person who "procures,
entices or leads away, for purposes of prostitution, another person" or "exploits the
prostitution of another person, even with the consent of that person." To fall under the
provisions of the 1949 Convention, the trafficking need not cross international lines.

The suppression of the traffic in persons and of the exploitation of the prostitution of
others resolution declares that the enslavement of women and children subjected to
prostitution is incompatible with the dignity and fundamental rights of the human person.
It was approved by the UN General Assembly in 1949.

The convention describes procedures for combating international traffic for the purpose
of prostitution, including extradition of offenders. It also prohibits the running of brothels
and renting accommodation for prostitution purposes.

Member states that have signed, ratified, and implemented the Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

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are preventing prostitution by moral education and civics training, in and out of school,
increasing the number of women among the State's personnel having direct contact with
the populations concerned, eliminating discrimination that ostracizes prostitutes and
makes their re-absorption into society more difficult, curbing the pornography industry
and the trade in pornography and penalizing them very severely when minors are
involved, punishing all forms of procuring in such a way as to deter it, particularly when
it exploits minors and facilitating occupational training for the re-absorption into society
of persons rescued from prostitution. It also encourages programs for use in schools and
in the media concerning the image of women in society.

The Centre for Human Rights, specifically the secretariat of the Working Groupon
Slavery, in close co-operation with the Centre for Social Development and Humanitarian
Affairs of the Department of International Economic and Social Affairs actively monitors
this resolution.

4.3.8. Forced marriage

Forced marriage is a term used to describe a marriage in which one or more of the parties
is married without his or her consent or against his or her will. Forced and early
marriages entrap women and young girls in relationships that deprive them of their basic
human rights. Forced marriage constitutes a human rights violation in and of itself.
Article One of the Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages states that ―No marriage shall be legally entered into without
the full and free consent of both parties, such consent to be expressed by them in person
after due publicity and in the presence of the authority competent to solemnize the
marriage and of witnesses, as prescribed by law.‖

The Marriage Convention addresses the issue of age. According to Article 2 of the
Convention, ―States Parties to the present Convention shall take legislative action to
specify a minimum age for marriage. No marriage shall be legally entered into by any
person under this age, except where a competent authority has granted a dispensation as
to age, for serious reasons, in the interest of the intending spouses.‖ Under General

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Assembly Resolution 2018 (XX) of 1 November 1965, ―Recommendation on Consent to
Marriage, Minimum Age for Marriage and Registration of Marriages,‖ Principle II states
that the minimum age to marry be set no lower than fifteen years. However, this is only a
recommendation and it still allows room for a competent authority to grant ―dispensation
as to age for serious reasons.‖ Leaving the minimum age of consent to the discretion of
each country and allowing an authority to make exceptions to the minimum age of
marriage aggravates the potential for early and forced marriages.

Forced marriages differ from arranged marriages. In forced marriages, one or both of the
partners cannot give free or valid consent to the marriage. Forced marriages involve
varying degrees of force, coercion or deception, ranging from emotional pressure by
family or community members to abduction and imprisonment. Emotional pressure from
a victim‘s family includes repeatedly telling the victim that the family‘s social standing
and reputation are at stake, as well as isolating the victim or refusing to speak to her. In
more severe cases, the victim can be subject to physical or sexual abuse, including rape.

In arranged marriages, the parents and families play a leading role in arranging the
marriage, but the individuals getting married can nonetheless chose whether to marry or
not. Many regard arranged marriage as a well-established cultural tradition that
flourishes in many communities, so a clear distinction should be drawn between forced
and arranged marriages. However, in some cases the difference between a forced
marriage and an arranged marriage may be purely semantic.

4.3.8.1 Motives prompting forced marriage

Parents who force their children to marry often justify their behavior as protecting their
children, building stronger families and preserving cultural or religious traditions. They
do not see anything wrong in their actions. Forced marriage is not a religious issue; every
major faith condemns it and freely given consent is a prerequisite of Christian, Hindu,
Muslim and Sikh marriages.

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Often parents believe that they are upholding the cultural traditions of their home
country, when in fact practices and values there have moved on. Some parents come
under significant pressure from their extended families to get their children married. In
some instances, agreements are made about marriage when the children were very young.

Some of the key motives that have been identified are:

 Controlling unwanted behavior and sexuality (including perceived promiscuity, or

being gay, bisexual or transgender) - particularly the behavior and sexuality of
women

 Peer group or family pressure

 Attempting to strengthen family links

 Ensuring land remains within the family

 Protecting perceived cultural ideals which can often be misguided or out of date

 Protecting perceived religious ideals which are misguided

 Preventing "unsuitable" relationships, e.g. outside the ethnic, cultural, religious or

caste group

 Assisting claims for residence and citizenship

 Family honor

 Long-standing family commitments

While it is important to have an understanding of the motives that drive parents to force
their children to marry, these motives should not be accepted as justification for denying
them the right to choose a marriage partner. Forced marriage should be recognized as an
abuse which typically involves criminal offences.

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UNICEF estimates that in Africa 42 percent of women aged 15 to 24 were married before
the age of 18. In Niger, 27.3 percent of women aged 15 to19 were married before the age
of 15, and 76.6 percent of women aged 20 to 24 were married before the age of 18.
According to surveys conducted by the National Committee on Traditional Practices of
Ethiopia (NCTPE), the prevalence of marriage by abduction is as high as 92 per cent in
Southern Nations Nationalities and Peoples Region (SNNPR), the national average being
69 percent.

4.3.8.2 Criminal Law and Forced Marriage

Although there is no specific criminal offence of forcing someone to marry the law does
provide protection from the crimes that can be committed when forcing someone into a
marriage. Perpetrators usually parents or family members have been prosecuted for
offences including threatening behavior, harassment, assault, abduction and murder.
Sexual intercourse without consent is rape.

4.3.8.3 Forced marriage in relation to the victim

Young people forced into marriage often become estranged from their families.
Sometimes they themselves become trapped in the cycle of abuse with serious long-term
consequences. Many women forced into a marriage suffer for many years from domestic
abuse. They feel unable to leave because of the lack of family support, economic
pressures and other social circumstances. They may live within a forced marriage for
many years before they feel able to challenge the situation.

Isolation is one of the biggest problems facing victims of forced marriage. They may feel
they have no one to speak to about their situation. These feelings of isolation are very
similar to those experienced by victims of domestic abuse.

Isolation is also very real for those who have escaped a forced marriage or the threat of
one. For many, running away is their first experience of living away from home and they
suffer because of having to leave their family, friends and their usual environment. They

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often live in fear of their own families who may go to considerable lengths to locate them
and ensure their return.

For young people to leave their family it is traumatic at the best of times. Family
occupies a very important role, and the young person may have no experience of life
outside the family. In addition, leaving their family (or accusing them of a crime) will
often bring shame on the young person and their family in the eyes of the community.
For many, this is simply not a price they are prepared to pay.

The needs of victims of forced marriage will vary widely. They may need help avoiding a
threatened forced marriage. They may need help dealing with the consequences of a
forced marriage that has already taken place.

Whatever an individual's circumstances, there are basic needs that should always be
considered, including:

 Personal safety
 Confidentiality, and
 Accurate information about rights and choices

4.3.9. Dowry abuse

―A dowry is the money, goods, or estate that a woman brings to her new husband. Bride
price is paid to the bride's parents, and dower which is property settled on the bride
herself by the groom at the time of marriage. The same culture may simultaneously
practice both dowry and bride price. The dowry is an ancient custom, and its existence
may well predate records of it.‖

Dowry abuse occurs when the husband's family continues to press the wife's family for
more money or other gains after the marriage, and sometimes involves physical threats.

In India for example, the practice of dowry abuse is rising. The most severe is ―bride
burning‖, the burning of women whose dowries were not considered sufficient by their

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husband or in-laws. Most of these incidents are reported as accidental burns in the
kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices
against women in India. Cultural practices such as the payment of dowry tend to
subordinate women in Indian society.

When the amount of dowry is not considered sufficient or is not forthcoming, the bride is
often harassed, abused and made miserable. This abuse can escalate to the point where
the husband or his families burn the bride, often by pouring kerosene on her and lighting
it, usually killing her. The official records of these incidents are low because they are
often reported as accidents or suicides by the family.

4.3.10 Trafficking
Trafficking in persons is an increasing problem that involves both sexual exploitation and
labor exploitation of its victims. Trafficking affects all regions and the majority of
countries in the world. Both men and women may be victims of trafficking, but the
primary victims worldwide are women and girls, the majority of whom are trafficked for
the purpose of sexual exploitation. Traffickers primarily target women because they are
disproportionately affected by poverty and discrimination, factors that impede their
access to employment, educational opportunities and other resources.

Human trafficking is the recruitment, transportation, harboring, or receipt of people for

the purposes of slavery, forced labor (including bonded labor or debt bondage), and
servitude. Exploitation includes forcing people into prostitution or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to slavery, servitude or
the removal of organs. For children, exploitation may also include forced prostitution,
illicit international adoption, trafficking for early marriage, or recruitment as child
soldiers, beggars, for sports (such as child camel jockeys or football players), or for
religious cults.

Women are trafficked through formal and informal channels all over the world. In some
cases, women abroad know that they will work in the sex industry, but without awareness

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of the terrible work conditions and violence that accompany the trafficking business.
Other women answer job advertisements for positions abroad such as dancers, waitresses,
and nannies, only to find themselves held against their will and forced into prostitution
and sexual slavery. In the destination countries, women are subjected to physical
violence, sexual assault and rape, battery, imprisonment, threats and other forms of
coercion.

Under international law, governments are obligated to protect their citizens from being
trafficked, through programs that aim at prevention and the protection of victims.
Prevention of trafficking in women requires examining the factors that contribute to the
problem as well as providing education to potential victims. Both government and non-
governmental programs should identify women who are at risk for trafficking and
provide them with the tools necessary to find work abroad without putting themselves at
risk. At the same time, more far-reaching programs that address gender inequalities in the
labor market are needed to combat trafficking in women. The United Nations High
Commissioner for Human Rights produced a report entitled ―Recommended Principles
and Guidelines on Human Rights and Human Trafficking‖ in 2002. It identifies demand
as a root cause of trafficking; saying, ―Strategies aimed at preventing trafficking should
take into account demand as a root cause. States and governmental organizations should
also take into account the factors that increase vulnerability to trafficking, including
inequality, poverty and all forms of discrimination and prejudice.‖

A comprehensive strategy for combating trafficking must also consider the safety of the
victims. Non-governmental organizations (NGOs) and state agencies that work with
repatriated victims of trafficking should also address the multiple difficulties women face
when they attempt to reintegrate. Victims of trafficking face a range of needs including
physical and mental health care, job training and employment issues, housing issues and,
possibly, childcare.
The trafficking of women for sexual exploitation is an international, organized, criminal
phenomenon that has grave consequences for the safety, welfare and human rights of its
victims.

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Trafficking in women is a criminal phenomenon that violates basic human rights, and
totally destroying victims' lives. Countries are affected in various ways. Some see their
young women being lured to leave their home country and ending up in the sex industry
abroad. Other countries act mainly as transit countries, while several others receive
foreign women who become victims of sexual exploitation. It is a global problem in
which INTERPOL actively seeks to increase and improve international law enforcement
co-operation in order to help combat this crime.

INTERPOL derives its actions from such conventions as the United Nations Convention
against Transnational Organized Crime, and the additional Protocol to Prevent, Suppress
and Punish Trafficking in Persons.

They give guidelines for law enforcement action and the following are some examples of
those actions:

The protocol urges an increase in the information exchange between states in order to
determine

 whether individuals crossing or attempting to cross an international border with

travel documents belonging to other persons or without travel documents are
perpetrators or victims of trafficking in persons,

 the types of travel document that individuals have used or attempted to use to
cross an international border for the purpose of trafficking in persons, and

the means and methods used by organized criminal groups for the purpose of trafficking
in persons, including the recruitment and transportation of victims, routes and links
between and among individuals and groups engaged in such trafficking, and possible
means for detecting them

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 Chapter Five
5. Women and Education
5.1 Education and its importance
Different scholars define education differently from different points of view. Oxford
Word Power Dictionary for Learners of English defined education based on what it
involves as ―The teaching or training of people especially in schools: primary, secondary,
higher etc.‖ others define education based on its aim as ―a continuous and creative
process that aimed to develop the capacities and progress of society, by equipping
members of society with spiritual, moral and material knowledge.‖ Education is also
defined based on its role for social change as ―a powerful instrument for social
transformation.‖ Education is also important for individuals‘ development. The purpose
of education for individuals both male and female is to develop the powers and capacities
hidden within them so that they may contribute their share to an ever-advancing
civilization.
From few of the existing definitions of education incorporated in the above paragraph,
one can understand the importance of education for the society in general and for
individuals in particular. Education is one of the most important factors that positively
affect the life of people who have got access to it and the life of the society and the group
they belongs to. One writer expressed the significant of education by expressing the harsh
consequence of illiteracy. To him illiteracy is among the greatest scourges afflicting
humanity at the end of the 20th century. It has left hundreds of millions of adults
disadvantaged, vulnerable and impoverished. Each year, it claims millions of new victims

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from the rank of the world’s most vulnerable citizens: the vast majorities are young girls
and women and the cause of it is exclusion from opportunities. It seems the contribution
of education to individual growth and fundamental structural changes it brings in society
that gave rise to the recognition of right to education in different international, regional
and national laws.
Though education is important for all and is recognized as one of the human rights in
different international regional and national laws, all people have not got equal chance to
exercise the right. We can cite the existing huge gender disparity in primary, secondary
and higher education in different part of the world as an example. There is gender
disparity in both enrollment and school completion rate. The number of out of school
female children is higher than the number of male children out of school. As indicated in
the report of World Bank, world wide for every 100 boys out of school there are 132 girls
and in some countries the gender gap is much wider. In the same report it is indicated that
world wide the primary school completion rate in the year 2005 was 66% for female
students and 76% for male students.

Question for discussion

What do you think are the causes for gender disparity in the school enrollment and
completion?
World Bank identified poverty, adverse cultural practice, schooling quality, distance to
schools, HIV/AIDS, orphanhood, conflicts, gender based violence, emergencies and other
fragile factors that really cause gender disparity in school enrollment and completion

5.2 The importance of education for women’s life

What benefits do you think are associated with girls‘ education?
There are several compelling benefits associated with girls‘ education. As indicated
in the discussion above, education is important for individual growth and societal
change
5.2.1 The importance of education for individual growth of girls
 Educated girls have more life choice and opportunities to participate in
community life and decision-making;

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 Educated women tend to marry later and have fewer, healthier and better-
nourished children
 Educated women yield the highest return in economic terms and
 Educated women have more exposure to information;
 Women with formal schooling resist domestic violence more likely than those
illiterates
 Educated women have greater wage earning opportunity

5.2.2 Importance of women education for the society at large

 Education reduce women‘s fertility rates: Women with formal education are much
more likely to use reliable family planning methods, delay marriage and
childbearing and have fewer and healthier babies than women with no formal
education. It is estimated that one year of female schooling reduces fertility by
10%.
 Education of women lowers infant and child mortality rate: Women with some
formal education are more likely to seek medical care, ensure their children are
immunized, be better informed about their children‘s nutritional requirement and
adopt improved sanitation practices. As a result their infants and children have
higher survival rates and tend to be healthier and better nourished.
 Girls‘ education lowers maternal morality rates: Women with formal education
tend to have better knowledge about health care practices, are less likely to
become pregnant at a very young age, tend to have fewer, better-spaced
pregnancies, and seek pre and post natal care. It is estimated that an additional
year of schooling for 1000 women helps to prevent two maternal deaths.
 Girls‘ education reduces vulnerability of girls to HIV: Girls‘ education ranks
among the most powerful tools for reducing girl vulnerably. It shows and reduces
the spread of HIV/AIDS by contributing to female economic independence,
delayed marriage, family planning, and work outside the home, as well as
conveying greater information about the disease and how to prevent it.

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  Girls‘ education increases women labor force participation rates and earning.
Education has been proved to increase income for wage earners and increase
productivity for employers‘ yielding benefits for the community and society
 Girls‘ education creates intergenerational education benefits. Mothers‘ education
is a significant variable affecting children‘s education attainment and
opportunities. A mother with a few years of formal education is considerably
more likely to send her children to school

The above are some of the benefits of

girls’ education for individual girls and
the society at large. Looking at the benefit
of girls’ education, World Bank stated
that “girls’ education and the promotion of
gender equality in education are vital to
development; and policies and actions that
do not address gender disparities miss
critical development opportunities.”
5.3 Education and Ethiopian women

Like many African countries, the majority of women in Ethiopia hold low status in the
society. Lack of educational opportunities is one of the crucial disadvantage Ethiopian
women have been facing since the introduction of modern (formal) education in the
country. Gender inequality in education is high in Ethiopia. The gender gap between
girls and boys in primary and secondary school remained constant at 20%. Apart from the
gender gap, there had also been a higher dropout and repetition rate among girls than
boys. The committee on elimination of discrimination against women in its concluding
observation of January 2004 indicated the high level of women illiteracy and high rate of

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dropout and repetition among Ethiopia girls. The level of girls‘ primary school
enrollment was 19% in the academic year 1991/92 though it increased to 53.8 %, 50.1%,
and 71.1 % in the academic year 2002/2003, 2003/04, 2004/05 respectively. As we can
understand from this figure there is a growth in girls‘ enrollment both in primary and
secondary schools though there is still a gap between boys and girls and women and men
in the field of education.

Question for discussion

What do you think are the reasons for gender disparity in school enrollment and
completion in Ethiopia?

Cultural, social, political and economic factors contribute to under participation and
under achievement of women in education.

Strong bias against investment in female education in rural Ethiopia is one of the factors
that contribute a lot to the school enrollment of women and the existing gender
discrepancy. Most of the girls are denied schooling merely because of their gender, i.e.
irrespective of the income of the household, parental educational status, distance to the
school or quality of schooling. This strong bias against girls education relate to cultural
factors. For example most cultures highly valued girls‘ contribution to household tasks
and family livelihood and as a result women‘s chance for schooling in that culture is very
less. The bias also has some relation with societal belief. In most societies of Ethiopia,
there is a belief that females are less competent then males and that education is wastage
on them.

The other factor that contributes to the low school enrollment of women and the existing
gender disparity in education in Ethiopia is the distance of the nearest school from the
homestead especially in the rural areas. Households in Ethiopia are reluctant to send their
children to schools far from home. If the school is distant from home parents do not send
their girls to school for fear of abduction.

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Forced and early marriage is also one of the factors that contribute to the low school
enrollment of Ethiopian women. For example 50% of women in the Amhara Region of
Ethiopia are married before the age of 15, the highest early marriage rate in the country.

Rape and abduction is the other factor that lowers school enrollment of women. For
example 8% of currently married women in Ethiopia were abducted and forced into
marriage.

In addition to the above factors teen age pregnancy, child labor, parental sex preference,
harassment, discrimination rate as well as inadequate treatment of girls in school have
their own role in gender disparity in enrollment and completion in Ethiopian. Besides
factors that affect gender disparity in school enrollment and completion identified by
World Bank are also applicable to Ethiopia.

5.4 Is Education Right or Privilege?

The notion that ―elementary education is a fundamental right‖ is not accepted by all, at
least not wholeheartedly. Some even perceive the universalization of education as a threat
to the opportunities of their own children. In their view, the role of the schooling system
is to act as a "filtering process", which picks the best and the brightest and helps them to
realize their potential. If too many children get on board, the prospects of those who
currently enjoy the privilege of good schooling facilities will be threatened

5.5 Education as a Human Right

Education has been regarded in all societies and throughout human history both as an end
in itself and as a means for the individual and society to grow. Its recognition in
international, regional and national constitutions as a human right is derived from the
indispensability of education to the preservation and enhancement of the inherent dignity
of the human person

5.5.1 International standards

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 5.5.1.1 The UDHR

The declaration states, under Article20, "Everyone has the right to education.‖ In
addition, it says that it shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Higher education shall be equally accessible
to all on the basis of merit, and technical and professional education shall be made
generally available.

The UDHR also stipulates that education should be directed towards the full development
of the human personality and strengthening respect for human rights. Finally, it
acknowledges that parents have a prior right to choose the kind of education that shall be
given to their children.

5.5.1.2 The ICESCR

Articles 13 and 14 of the ICESCR set out detailed formulations of the right to education.
Article 13 contains a general statement that everyone has the right to education and that
education should contribute to the full development of the human personality. It also
specifically stipulates that:

• Primary education shall be compulsory and available free to all.

• Secondary education, including technical and vocational education, shall be made

generally available and accessible to all by every appropriate means, in particular by the
progressive introduction of free education.

• Higher education shall be made equally accessible to all, on the basis of capacity, by
every appropriate means, in particular by the progressive introduction of free education.

• Fundamental education shall be intensified for those persons who have not received or
completed the whole period of their primary education.

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• Systems of schools shall be established and the material condition of teaching staff shall
be continuously improved.

• The liberty of parents or guardians to choose their children schools other than those
established by the public authorities which conform to minimum educational standards
shall be respected. In addition, Article 13 recognizes the liberty of parents or guardians
to ensure the religious and moral education of their children in conformity with their own
convictions.

Article 14 requires each state party that has not been able to secure compulsory primary
education free of charge, to undertake, "within two years, to work out and adopt a
detailed plan of action for the progressive implementation of compulsory primary
education free of charge for all.‖

5.5.1.3 CRC

Articles 28 and 29 of the CRC deal with the right of the child to education. Article 28 is
similar to the provisions contained in ICESCR. In addition, it states that school discipline
should be administered in a manner consistent with a child‘s human dignity.

Article 29 stipulates that the education of the child shall be directed towards the
development of the child‘s personality, talents, and mental and physical abilities to their
fullest potential.

5.5.1.4 UNESCO Convention against Discrimination in

Education

The UNESCO Convention stipulates that states parties must undertake to formulate,
develop and apply a national policy which will tend to promote equality of opportunity
and treatment, and, in particular, to make primary education free and compulsory. In
addition, it recognizes parents‘ right to freely choose their children‘s educational

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institutions and to ensure the religious and moral education of their children in
conformity with their own convictions
5.5.1.5 CEDAW

Article 10 of CEDAW also contains provisions dealing with the right to education. It
provides, for example, for equal access to career and vocational guidance and to studies
at all educational levels; access to the same curricula and examinations; elimination of
stereotyping in the roles of women and men; and the same opportunities to benefit from
academic scholarships.

5.5.2 Regional instruments

The right to education is recognized and guaranteed under several regional human rights
instruments. ACHPR (article 17), PACHPRWA (Article, 13), SDGEA (Article 8),
ACRWC and in human rights documents of other regions

5.5.3 National Constitutions

The constitutions of several countries include provisions on the right to education. For
example, article 56 of El Salvador‘s Constitution guarantees the right to education, and
mandates the provision of basic and special education freely to citizens. Similarly, the
South African Constitution safeguards its citizens‘ right to basic formal education, which
the state, through reasonable measures, must make progressively available and
accessible. South Africans also have a constitutional right to be educated in the language
of their choice in public educational institutions, taking into account equity, practicability
and the need to redress the results of past racially discriminatory laws and practices.
Further, South Africa‘s Constitution provides for the right to establish and maintain
private educational institutions that do not discriminate on the basis of race, and that are
registered with the state, and maintain standards comparable to public schools (Chap. 2,
Art. 29).

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Article 41(3) of FDRE Constitution guarantees the right of Ethiopian nationals to have
access to publicly funded social service which among others includes access to education.
The same Article under Sub-Article 5 imposes obligation on the Ethiopian government to
provide public education by allocating ever increasing resource for this purpose. The
Constitution also prohibited people from requiring or/and permitting children to do work
which has hazardous or harmful effect on their education under Article 36(1) d.

5.6 Content of the Right to Education and State

Obligations

Legal standards on the right to education encompass two broad components:

enhancement of access of all to education on the basis of equality and nondiscrimination,
and freedom to choose the kind (public/private institutions) and content (religious and
moral) of education. Both aspects represent the spirit and cardinal essence of the right to
education.

The demanding nature of the obligations involved in ensuring the right to education is re-
flected in the number and variety of reservations, declarations and objections relating to
the relevant article in the Convention on the Rights of the Child dealt above. However, at
least four components of the right to education can be gleaned from various legal
provisions on the right to education:

• Equal enjoyment of, and equal access to, educational opportunities and facilities;

• Compulsory and free primary education;

• Generally available and accessible secondary education and equally accessible higher
education and

• Freedom of choice in education, and freedom to establish private institutions

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The CESCR, in its General Comment 13 identifies four elements of the state‘s
obligations with respect to the right to education. These are (1) availability, (2)
accessibility, (3) acceptability and (4) adaptability.

5.6.1 Availability
The duty to provide compulsory and free primary education is undoubtedly a prerequisite
for the realization of the right to education. The CESCR in its General Comment 11 on
article 14 of the ICESCR considers that states parties have a clear and unequivocal
obligation to draw up a plan of action for ensuring compulsory and free primary
education. The committee has stated that lack of educational opportunities for children
often reinforces their subjection to various other human rights violations

5.6.2 Accessibility

The second state obligation relates to accessibility. At a minimum, governments are obli-
gated to ensure the enjoyment of the right to education through guaranteeing access to
existing educational institutions by all on the basis of equality and
nondiscrimination.

For example, as provided for in article 10 of the CEDAW, governments are obligated to
take all appropriate steps towards the "elimination of any stereotyped concepts of the
roles of men and women at all levels and in all forms of education through such means
school programs and the adaptation of teaching methods.‖ Under that provision, women
and girls also have a right to equal access to specific educational information (including
family planning advice) and to sports programs.

5.6.3 Acceptability

Based on this duty, states are obliged to ensure that all schools conform to the minimum
criteria which it has developed as well as ascertaining that education is acceptable both to
parents and to children. This element involves the right to choose the type of education
received, and the right to establish, maintain, manage and control private educational
establishments.
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Another important element of acceptability relates to the child-friendly nature of the
schools. Based on the Convention on the Rights of the Child, "it is imperative that
education respect the right of the child to be curious, to ask questions and receive
answers, to argue and disagree, to test and make mistakes, to know and not know, to
create and be spontaneous

5.6.4 Adaptability

Normally, what a child learns in school should be determined by his or her future needs
as an adult. However, the Convention on the Rights of the Child requires that the best
interests of the child be given prominence. Thus, the education system should remain
adaptable, taking into account the best interests of the child.

Assignment

Write a term paper that answers the question ―Does the Federal Democratic Republic of
Ethiopia government observe its obligation or duty in relation to education as discussed?‖

5.7 Definition of Gender Based Discrimination in

Education

As indicated in the above discussion there is high degree of disparity between girls and
boys enrollment and school completion rate in developing countries particularly in
Ethiopia. Do you think this disparity amount to discrimination against women?

In order to answer the above question it is helpful to first define what discrimination on
the basis of gender means as defined in CEDAW.

Discrimination on the basis of gender is defined in different international instruments.

Among others, CEDAW under its Article1 defines discrimination against women as ―any
distinction, exclusion or restriction made on the basis of sex which has the effect or

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purpose of impairing or nullifying the recognition, enjoyment or exercise by women
irrespective of their marital status, on the basis of equality of men and women, of human
rights and fundamental freedoms in the political, social, cultural, civil or any other field.
As indicated above, CEDAW defines discrimination on the basis of gender showing the
cause and effect of the discrimination. Accordingly, discrimination on the basis of gender
is caused when distinction, exclusion or restriction is made on the basis of sex- the fact of
being female or male; and the distinction, exclusion or restriction should have the effect
of impairing or nullifying the recognition, enjoyment or exercise of human rights and
fundamental freedoms.
Having seen the above definition of discrimination on the basis of gender, let us now
discuss the issue raised in the question for discussion above. Does the gap that exist
between female and male enrollment in education and school completion rate amount to
discrimination on the basis of gender as defined under CEDAW?
To answer this it is very important to question
A. The base for the existing gender gap in enrollment and school completion rate.
B. As to whether right to education is human rights or not
C. If the answer to question B is in the affirmative, as to whether or not the
distinction have the effect of impairing or nullifying the exercise, enjoyment or
recognition of this human rights

As indicated in the discussion above, the low level of women enrollment in education and
school completion rate mainly relate to the distinction made on the basis of sex and this
has hazardous effect on the enjoyment of one of the human rights, right to education, by
women. Hence, the existing gender gap between female and male enrollment in education
and school completion rate amounts to discrimination on the ground of gender as defined
under Article 1of CEDAW.

5.8 Addressing Discrimination in Education with

Temporary Special Measures

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CEDAW clearly endorses the implementation by state party of ―temporary special
measures‖ for women. These refer to programs, politics, and laws that place them in a
situation of comparative advantage to men for a limited period, with the aim of achieving
substantive equality between the two sexes in the long term. Specifically Article 4.1 of
the Convention reads:

Adoption by states parties of temporary special measures aimed at accelerating de facto

equality between men and women shall not be considered discrimination as defined in the
present convention, but shall in no way entail, as a consequence, the maintenance of
unequal or separate standards; these measures shall be discontinued when the objective of
equality of opportunity and treatment have been achieved.

As it aimed to accelerate de facto equality, temporary special measures may depart from
formal equality in order to achieve substantive equality between men and women. While
formal equality promotes equal treatment, the gender blind character of formal equality
masks structural discrimination and privilege that are embodied or built into institutions
as a result of past discrimination that temporary special measure aimed to redress.

People usually misunderstand taking temporary special measure as promoting

preferential treatment. However temporary special measures are typically aimed at
leveling the playing field since the field is tilted in favor of groups that have historically
benefited from preference and privilege. As such, they do not give disadvantaged groups
preference but instead seek to redress the fact that embedded preference for privileged
groups are already built into a variety of institutions. A measure that neutralizes
institutionalized preference for privileged groups attempt to create a fair base line where
every one enjoys substantive equality, rather than merely shifting preferences in favor of
under privileged groups. To achieve its goal temporary special measures must be
accompanied by or operate in the context of enabling mechanism which support the
achievement of substantive equality. These mechanisms may include services, structural
policies, and effective institutional remedies to overcome and deter discrimination

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As we saw herein above, temporary special measure aimed to end gender based
discrimination and gender stereotypes, as well as to ensure the development and
advancement of women. We also said in the previous title that there is a high level of
gender based discrimination in education throughout developing countries generally and
in Ethiopia particularly which is one of the main factors hindering the development and
advancement of women. Thus, states signatory to CEDAW including Ethiopia are duty
bound to take temporary special measures in order to end gender based discrimination in
education. With the purpose of eliminating discrimination against women in the field of
education and in particular to ensure to women equal educational right with men, Article
10 of CEDAW imposes duty on states parties to the convention to take all appropriate
measures.

5.8.1 Justification for temporary special measures

Giving the CEDAW Convention`s aim to end structural discrimination and secure
substantive equality, temporary special measures can be justified on the following
grounds.

A. On the ground of compensatory justice

Compensatory justice seeks to make up for past harms and disadvantages women
suffered as a group or, can be based on forward-looking principles, which aim at future
equality for them as a group. After all a divided past cannot permit a shared present and a
shared future unless the present generation finds ways of pacifying its aggrieved and
tormented victims.‖ Past discrimination against women, particularly those who face
multiple barriers, lays the groundwork for their continued patterns of structural
discrimination. Temporary special measures are therefore justified to remedy the
lingering effects of discrimination.
B. On the ground of distributive justice

Distributive justice is a forward-looking justification, oriented towards correcting current

imbalances between women and men with respect to their access to the elements of a

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‗humane life. Despite obligations under the CEDAW Convention (i.e. to end
discrimination against women), and the Beijing Platform for Action adopted at the 1995
Fourth UN World Conference on Women (i.e. to develop ―national platforms for
action‖), disparities persist between men and women. For example, UNIFEM‘s ―Progress
to the world‘s Women 2000‖ biennial report reveals that there is much progress to be
made before the gender gap in earnings is reduced, and before women in all countries can
hold 30 percent or more of decision-making positions in the economic field.
C. On the ground of Social utility

The social utility justification for temporary special measures emphasizes their positive
effects in terms of (i) mobilizing the economic and social potential of women for the
common good of society, and (ii) encouraging and facilitating the social transformation
and the promotion of diversity. An example of the first case is temporary special
measures that are aimed at narrowing the wage gap between men and women. Besides
benefiting women, such programs often benefit children by supporting them with
maternal income and therefore add utility to society as a whole.

D. On the ground of access to rights

A further justification for temporary special measures is how such measures allow
women to fully claim and realize their human rights. Because human rights are
interdependent, the adoption of temporary special measures that assist women achieve
one set of rights will likely help them achieve other rights. For example, given the
interlocking nature of civil and political rights, on the one hand, and economic, social and
cultural rights, on the other, gender equality measures in the employment context may
promote women‘s enjoyment of economic rights, such as the right to work or the right to
enjoy an adequate standard of living. Alternatively, temporary special measures in the
form of gender-sensitive policies of poverty alleviation, education and skill-building
facilitate women‘s access to civil and political rights, such as reproductive rights and
access to legal redress.

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 5.9 Some Temporary Special Measures Taken by the
Ethiopian Government to Address Gender based
Discrimination in Education

Ethiopia signed CEDAW on 8, July 1980; hence it is obliged to take temporary special
measure to end discrimination and gender stereotype. As clearly indicated above in
Ethiopia there is a huge gender based, systematic and socio cultural discrimination in
education and one of the target area of discrimination that temporary special measure
aimed to address is discrimination in education.

What measures are so far taken by the Ethiopian government to close the gender gap in
school enrollment and completion rate through out the country particularly in the rural
part of the country?

On 28 October 2002, an Ethiopian representative indicated in the combined fourth and

fifth periodic report to the Committee on the Elimination of Discrimination Against
Women that Ethiopia government gave special emphasis to women education by
ensuring policy reform. The representative particularly explained the two categories of
measures taken by Ethiopia government that aimed to enhance the advancement of
women increasing the school enrollment and completion rate of women at primary,
secondary and university level.

The government of Ethiopia has taken affirmative action to increase enrolment of female
students in the educational institutions at different levels. As indicated in the report, thirty
percent of the total number of seats has been reserved for female student in higher
educational institutions (universities). The report also indicated that the introduction of
girl‘s scholarship program is a major step forward in the advancement of Ethiopia women
and that the scholarship is proven effective in promoting education and encouraging girls
to remain in school. The representative of Ethiopia in her report indicated that in addition
to encouraging female students to continue their education the scholarship program is
aimed to encourage parents and the community to send their daughters to school. The

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program acts upon the long standing problems of dropping out and repeating of girls in
grade nine and above and helps to create an environment that ensures the continuity of
education of disadvantaged girls.

The same report indicates that the promotion of girls‘ education by rewarding individuals
and institutions for their noble contribution is another recent initiative in the country. This
is intended to encourage a wider section of the population, including media and press
people, to take an active part in the promotion of girls‘ education.

Apart from affirmative actions, appropriate policy instruments and strategic measures
have been initiated by the ministry of education to sustain change as well as to effect
greater change so as to eliminate systematic discrimination and provide less fortunate
girls with the necessary assistance to ensure their education. One of the major conceptual
shifts in this regard is the action to bring about change in the subsistence of educational
material. The specific actions that ate being taken to influence policy are the following:

 Development of girls education policy

 Development of policy implementing strategy
 Incorporating the concept of gender mainstreaming in, inter-alia, curriculum
development and parent‘s counseling
 Capacity building of head teachers in high schools and gender focal points in the
regions to deal with gender matters
 Conducting research in the area in order to devise mechanisms for increased girls
participation in primary, secondary and tertiary education

The expansion of educational provisions is also among the measures taken by the
Ethiopian government to increase the enrollment of female students. The increase in the
construction of school in the rural areas of the states is helping girls to attend classes near
their localities. The arrangement of tutorial class for female students, the increase in the
number of women teachers and awareness raising activities are among the measures
taken by the Ethiopian government to increase the number of female students and
encourage them to remain in school.

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 Chapter Six
6. Women and Employment

6.1 General overview

World wide, there is gender based discrimination in access to employment as can be

observed from the existing huge gender difference in the labor force. The gap becomes
wide as one goes from developed to developing countries. Women‘s lower educational
attainment due to lack of access to education and training opportunity, the existing
misconception about the role and contribution of women in employment and the
contribution of women in family labor, i.e. their family responsibility (women devote 70
percent of their time providing care for their families and communities while men devote
only 30 percent of their time on such activity) are some of the contributing factor for the
existing gender based discrimination in employment. Women also often suffer
employment discrimination because they need to take time off for maternity leave or
when a child is sick.
Those women who have access to employment face many obstacles. Most of the
employed women are placed in lower grade and lower paid jobs. Elite women who wish
to improve their legal and economic status must expect to lose honor and respect. There
is often sexism in job promotions and unpleasant consequences if women stand up to
men. There is often more respect for male professionals (even from women themselves)
than there is for female. Career women often have to work harder at their jobs to keep
even with their male counterparts.
The existing gender based discrimination in employment and its negative impact on the
economy of the victim, the victim‘s family, the victim‘s country and that of the world as
well as its impact on the person of the career led different international, regional and

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national organs to take legislative and other measures against gender based
discrimination in employment. Bellow we will see different international, regional and
national human rights laws that recognize women‘s right to employment equally with that
of men. We will also discuss international, regional and national laws that recognize the
right of women employee to equal remuneration with that of men and their right to
maternity leave as human rights of women. The chapter also covers some issues related
to sexual harassment in work place. first, the chapter deals with what is meant by gender
based discrimination in employment.

6.2 Gender Based Discrimination in Employment

Before dealing with gender based discrimination in employment, it is vital to first define
discrimination in employment generally. According to the 1958 Discrimination
(Employment and Occupation) Convention, discrimination in employment is any
distinction, exclusion or preference based on designated criteria such as race, color, sex,
religion, political opinion, national extraction, social origin or other designated criteria
which have the effect of nullifying or impairing equality of opportunity or treatment in
employment or occupation. The discrimination may be de facto or de jure. A de facto
discrimination shows the existence of discrimination in fact (in reality or in practice)
while de jure discrimination refers to the existence of discrimination in law.
As one can learn from the definition above, gender based discrimination is
discrimination on the ground of sex which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation. Gender based
discrimination occurs for example when a woman or a man who satisfy the criteria for a
certain job failed to get the job only because she is female or he is male; respectively.
This example shows how distinction on the ground of sex prevent the woman‘s or the
men‘s opportunity to get recruited. Gender based discrimination also occurs when a
women or a man is unable to obtain payments and/or other benefits she or he would have
obtained had she been a man or had he been a women, respectively. The latter example
illustrates how sex impairs equality of treatment in employment.
Question for discussion
A soft drink company called Sofi recruited Aster instead of Assefa as a senior accountant
as of January 12, 2009 though Assefa is equally qualified with Aster for the stated
position. The employment committee decides to employ Aster rather than Asefa because
Aster is female. Discuss whether or not the decision of the committee amounts to gender
based discrimination in employment?

The decision of the committee does not amount to gender based discrimination in
employment. As per Article 5 of Discrimination in Employment and Occupation
Convention, measures taken to meet the requirement of persons who need special

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protection for reasons to do with sex, age, disablement, family responsibility or social or
cultural status shall not be deemed to be discrimination. In the given case Aster is
specially treated for the reason that she is female. In other words she is specially treated
because of her sex. We call such special protection as positive or affirmative action.
Positive or affirmative action aimed to eliminate the current direct and indirect
consequences of past discrimination; special measures may need to be designed in order
to achieve de facto equality of opportunity and treatment. Such positive measures (also
termed affirmative measures) are intended to be temporary: once the consequences of
past discrimination have been rectified, the measures should be removed. Positive action
is seen as essential for the achievement of genuine equality between women and men in
the world of work and society. Positive action may encompass a wide range of measures,
including corrective actions such as setting targets for women's participation in activities
from which they have previously been excluded, or promotional measures designed to
give women access to wider opportunities.
Sex discrimination can be overt or direct discrimination or more subtle, indirect
discrimination. Employers may discriminate against women directly by limiting
applications for certain jobs to only men or only women. Discrimination is indirect when
employers impose criteria for applicants or specify characteristics which are not closely
related to the inherent requirements of the job, as a screening device. The purpose of the
screening is either to exclude women or men or to obtain workers of a certain type.
Several countries mention acts of discrimination on the basis of pregnancy, confinement
and related medical conditions as acts of indirect gender base discrimination since these
facts affect only women up to the present time.

6.3 Right to Employment, a Human right of women

The right of women to equal employment opportunity with that of men is enshrined in a
very large number of international and regional human rights documents and
constitutional texts which provide either for equality of rights without discrimination on
the basis of sex, or prohibit discrimination based on such grounds

6.3.1 International standards

6.3.1.1 UDHR
Article 23(1) of the UDHR recognized the right of every one, women as well as men, to
work. As per this provision any act that prevent women from participating in labor
market amount to violation of human rights of women

6.3.1.2 ICESCR

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Under Article 6 State parties to the covenant recognized, the right of every one, both men
and women, to work and to get the opportunity to gain his/ her living by work.

6.3.2 Regional standard

6.3.2.1 ACHPR

The charter under Article 15 guarantee to every one the right to work and as per Article 2
of the charter the right shall be enjoyed without distinction of any kind including sex.
6.3.2.2 PACHPRWA

Article 13 of the protocol has imposed obligation on the state parties to adopt and enforce
legislative and other measures to guarantee women, among others, equal opportunity to
work. The same provision, under Sub-article (a), has also imposed duty on state parties to
promote equality of access to employment
6.3.3 National laws
6.3.3.1 The FDRE Constitution

Article 34 of the FDRE constitution expressly has recognized the right of women to
equality in employment

6.4 Women Right to Equal remuneration

The right of women to equal remuneration is a right recognized under various

international, regional and national laws.
6.4.1 International standards
6.4.1.1 UDHR

Article 23(2) of the UDHR recognizes the right of everyone to equal pay for equal work.
6.4.1.2 ICESCR

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Under Article 7 of the covenant state parties recognized the right of every one to work
which ensure, among others, equal remuneration for work of equal value without
distinction of any kind.
6.4.1.3 Equal Remuneration Convention, 1951

After defining equal remuneration for women and men workers for jobs of equal value or
rate of remuneration established without discrimination based on sex, the convention
imposed duty on all states members to ILO which ratifies the convention to promote and
ensure the application to all workers of the principle of equal remuneration for men and
women workers for works of equal value. (Article 1 and 2 of the convention)
The convention also stated what remuneration includes. As per sub-article (a) of Article 1
of the convention, remuneration includes ordinary, basic or minimum wage or salary and
any additional emoluments whatsoever payable directly or indirectly, whether in cash or
in kind, by the employer to the worker and arising out of the worker's employment. The
convention further obliged state members to legally establish and organize machinery for
wage determination under Article 2 sub article b. As can be learned from the reading of
Article 3 differential rate of wage between workers which correspond to difference in the
work to be performed shall not be considered as being contrary to the principle of equal
remuneration for men and women workers for work of equal value.
6.4.2 Regional standard
6.4.2.1 ACPHR

The charter under its Article 15 guarantee to every one a right to equal pay to equal work

6.4.2.2 PACH PRWA

Article 13(b) imposed obligation on state parties to adopt and promote the right to equal
remuneration for jobs of equal value

6.5 Maternity protection

Motherhood and childhood are protected by different international regional and national
laws.. The right to care and assistance to which motherhood and childhood are entitled

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may include the right to health protection, the right to maternity leave, the right to leave
in case of illness and complication and the right to employment protection and non-
discrimination.
The right to health protection is aimed protecting pregnant or breastfeeding women from
being obliged to perform work which is determined by the competent authority to be
prejudicial to the health of the mother or the child, or which involves a significant risk to
the mother‘s health or that of her child.
Maternity leave is leave in relation to child birth. The right to maternity leave is a right
guaranteed to women upon the production of medical or other certificate, as determined
by national law or practice, which state the presumed date of child birth. Almost all
international laws, except the Convention Concerning the Revision of Maternity
Protection Convention 2000 which fixed 14 weeks as the shortest period of maternity
leave, failed to state the period of maternity leave; hence the period varies from
jurisdiction to jurisdiction.
Maternity leave includes prenatal and post natal leave. Prenatal leave is leave given for
certain period before the presumed date of child birth whereas postnatal leave is leave for
certain period after child birth. As per Article 4(4) the ILO Convention Concerning the
Revision of Maternity protection, postnatal leave shall not be less than six weeks period.
What if a pregnant employee who has taken prenatal leave failed to give birth on the
presumed date of birth? What if she gave birth to a child one month after the presumed
date of child birth? Is it possible to reduce the difference from the postnatal portion of
maternity leave?
As per Article 4(5) of the ILO Convention stated above whenever a child is born certain
days after the presumed date of birth, the prenatal portion of maternity leave shall be
extended by any period elapsing between the presumed date of childbirth and the actual
date of childbirth, without reduction in any compulsory portion of postnatal leave.

Women are also entitled to leave after or before maternity leave in case of illness,
complications or risk of complications arising out of pregnancy or childbirth. The nature
and the maximum duration of such leave may be specified in accordance with national
law and practice.

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To what benefit do women who are in maternity leave entitled? What about women who
took leave because of illness arising out of pregnancy or child birth?

To women who are absent from work on leave referred above, cash benefit shall be
provided. The amount of the benefit differs from one country to another but in any case it
shall be at a level which ensures that the woman can maintain herself and her child in
proper conditions of health and with a suitable standard of living. In addition to the cash
benefit women are entitled to medical care which include prenatal, childbirth and
postnatal care, as well as hospitalization care when necessary.

Women are also entitled to employment protection that the employer can not legally
terminate the employment relationship during her pregnancy or absence on maternity
leave or leave in case of absence. However, an employer may legally terminate his/her
employment relationship with pregnant, breast feeding or confined women if the ground
for termination is unrelated to pregnancy, birth of the child and its consequence or
nursing. The burden of proof in such case lay on the employer.

QUESTION
Refer the international, regional and national laws that addressed the issues raised
in this sub-topic and discuss the care and assistance each law entitles pregnant
women, women in confinement and breast feeding women

6.6 Sexual harassment in work place

Sexual harassment is a form of gender – specific violence against women. A woman who
is victimized by sexual harassment is subjected to pressure, degradation or hostility that
her male co- workers don‘t have to endure. At the most basic level, harassment or other
sexually coercive behavior constitutes violence against women because like all forms of
violence, such behavior undermines the inherent human dignity of its victims.

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Sexual harassment speaks more to power relationships and victimization than it does to
sex itself. It results from a misuse of power – not from sexual attraction‖, and reflects a
disparity in power between the perpetrator and the victim, which more often than not,
mirrors the power differentials between men and women in society. Indeed, in the vast
majority of cases, victims of sexual harassment are women while the perpetrators are
men. This observation does not reflect a biological proclivity in men to sexually harass
women, but rather speaks to the unequal structuring of society along gender lines.
Additionally, social and cultural norms may serve to validate or even encourage the
behavior of sexual harassers.

At the same time, it is important to recognize sexual harassment as a form of

discrimination against women. Due to unequal gender relations, it is a phenomenon that
primarily affects them, and creates distinction, exclusion or restriction which has the
effect of impairing or nullifying their human rights. For example, in the context of work,
women who are sexually harassed can be said to be deprived of their right to a safe and
secure working environment. This may affect their productivity levels, and subsequently
lead to their dismissal thus denying them the right to employment and livelihood. Since
all rights are interrelated, this situation will also result in other rights being similarly
violated. In this way as well, sexual harassment perpetuates inequality between women
and men.

What are the acts that are considered as sexual harassment? In other words what are the
constituent elements of sexual harassment?

It is not possible to exhaustively list the range of offending behavior constituting sexual
harassment or define the degree of severity or its frequency. Although there have been
efforts in this direction, such lists are best treated as inclusive and not conclusive. They
encompass acts ranging from sexual assault., display or distribution of pornography,
suggestive gestures, physical contact, repeated proposition for daters or sexual favors,
comments on appearance or comments of sexual nature relating to the victim to a third
party and so on , all of which are unwelcome by the victim . Similarly, a single act or a
series of acts could constitute sexual harassment depending upon the facts and
circumstances of the case.
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Perpetrators of sexual harassment are traditionally employers, superiors or co-workers.
Women are largely the victims, even though there have also been reported cases of male
victims sexually harassed by female or male colleagues. Women are particularly
vulnerable to victimization through sexual harassment since the majority of them occupy
jobs with low security, low pay, and low conditions of work, low status, and low
bargaining power in a narrow range of occupations. In situations where there is a large
supply of young women and limited job opportunities, sexual harassment is said to be
common during hiring and recruitment. The migration of women from rural to urban
areas in search of employment also places them at greater risk of sexual violence,
including sexual harassment.

Studies on sexual harassment cases and experiences of women have shown two dominant
categories: one where sexual favors are demanded for employment benefits (i.e. quid pro
quo harassment ), and the other which involves a constant abuse of power, unrelated to
favors, to demean a victim and create hostile working conditions for her ( i.e. hostile
working environment harassment ). The two categories have evolved over the years in
Western jurisprudence and are broadly descriptive of the trend of cases . It is important
to reiterate that they are not conclusive or intended to limit the scope and nature of the
problem

A. Quid pro quo Harassment

This refers to situations where an employer or superior at work makes tangible job-
related consequences conditional upon obtaining sexual favors form an employee.
This form of sexual harassment involves making conditions of employment (hiring,
firing, promotion, retention etc. ) contingent on the victim providing sexual favors.
Such an action must prove that:

- The employee was subjected to unwelcome sexual advances or requests for

sexual favors; and

- Their reaction to the harassment rejection or submission, as the case may be,
affected tangible aspects of the employee‘s compensation, thrums, conditions,

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 promotion, access to training opportunities and/or any other privileges of
employment.

B. Hostile Working Environment Harassment

Sexual harassment whether verbal, physical or visual, has been acknowledged as

affecting and unreasonably interfering with an individual‘s job performance or
creating an intimidating, hostile or offensive working environment. Regardless of
whether it actually results in psychological harm to the victim, which may well be
the case, it is now known to constitute an environment of hostility or abuse
towards one or more employees. The responsibility to correct and remedy this
environment is place on the employer. Further, some courts have tended to look
for the frequency and severity of the offending conduct, as well as the nature of
the harassment-i.e. whether it was physically threatening or humiliating, or
constituted of offensive utterances- when assessing the extent of hostility created
by the conduct.

The indicators of an unwelcome relationship include a difference in institutional power

between the parties and the threat of some substantial sanction or the promise of some
substantial reward predicated upon entry into the relationship. Secondary evidence used
in such cases includes factors that might distinguish the relationship from more
mainstream relationships, such as a wide age difference, an adulterous nature, a
homosexual relationship where one of the parties had previously been heterosexual and
vice versa, the secret nature of a relationship and so on , Secondary indicators must be
used in conjunction with primary indicators to establish the unwelcome nature of a
relationship.

6.7 International Human Rights Standards

More specific international standards in relation to sexual harassment at the

workplace are embodied in the CEDAW Convention. The issue has also been dealt in
several other UN treaties, declarations and various regional instruments as explained
below.

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6.7.1 CEDAW

Article 1 of the CEDAW convention defines discrimination as:

Any distinction, exclusion or restriction made on the basis of sex which has the effect
or purpose of impairing or nullifying the recognition enjoyment or exercise by women
(…) on a basis of equality of mane and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.
Further, under Article 2(e), states parties are obliged to ―take all appropriate measures
to eliminate discrimination against women by any person, organization or enterprise‖.
Put simply, the CEDAW convention imposes an obligation on states to eliminate all
types of discrimination against women, and then applies this general principle to the
employment context as well. This way the treaty represents an unambiguous mandate
for states to take affirmative steps that are necessary to ensure the substantive equality
of women at the workplace, both in treatment and opportunity. To be sure,
substantive equality of women in the employment context cannot be achieved without
the elimination of sexual harassment as this represents a barrier to their ability to seek
employment, enjoy safe and healthy working environments, and achieve
advancement within the workplace through promotions.
Furthermore, Article 15 of the convention affirms the general principle that States
―shall accord to women equality with man before the law ―. This means that not only
does a State has an obligation to protect women against the violation of sexual
harassment but also must provide adequate recourse in the event that this right is
violated.
More specifically, Article 11 of the convention contains a principal substantive
provision on sexual harassment in international law. It reads:
1. States parties shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure , on a basis of
equality of men and women, the same rights , in particular :
a. The right to work as an inalienable right of all human beings.
f. The right to protection of health and to safety in working conditions.

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In 1992, the CEDAW committee went one step further by formulating and adopting
General Recommendation No. 19 which expressly recognizes sexual harassment as
humiliating and may constitute a health and safety problem. It is a discriminatory form of
violence against women. This defines sexual harassment as an ―unwelcome sexually
determined behavior (such) as physical contact and advances, sexually colored remarks,
showing pornography and sexual demands, whether by words or actions, It further
elaborates that (such conduct can be when the woman has reasonable grounds to believe
that her objection would disadvantage her in connection with her employment, including
recruiting or promotion, or when it creates a hostile working environment.
Also important is how General recommendation No. 19 spells out how states parties
should bear responsibility for acts of gender- specific violence perpetrated by private
actors
Discrimination under the convention is not restricted to action by or on behalf of
Governments. Under general international law and specific human rights covenants,
States may also be responsible for private acts if they fail to act with due diligence to
prevent violations of rights or to investigate and punish acts of violence, and for
providing compensation.
6.7.2 ICESCR

The ICESCRS obligates states parties ―to ensure the equal right of men and women to the
enjoyment of all economic, social, and cultural rights set forth in the Convent. It
recognizes ―the right to work, which includes the right of everyone to the opportunity to
gain his or her) living by work which he (or she) freely chooses or accepts ―, and
requires states parties to ―take appropriate steps to safeguard this right.‖
The covenant also guarantees basic rights regarding employment conditions and
remuneration. For example, its Article 7 acknowledges the right to ― fair wages and equal
remuneration for work of equal value without distinction of any kind , in particular
women being guaranteed conditions of work not inferior to those enjoyed by men, with
equal pay for equal work , as well as equal opportunity for promotion and the right to ‗
safe and healthy working conditions.
6.7.3 ICCPR

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Article 17 of ICCPR recognizes the right to privacy and to personal integrity. Article 26,
on the other hand, recognizes the equality of all people before the law and acknowledges
the right to equal protection. Sexual harassment invokes all of these rights since victims
have their right to privacy and personal integrity violated, and the state has an obligation
to protect all its citizens, both men and women, from having their rights violated.
Therefore, it follows that under the law, the state has an obligation to provide protection
to victims of sexual harassment.

6.7.4 International Labor Organization Discrimination (Employment

and occupation) Convention

Adopted in 1958, this convention defines discrimination as ―any distinction, exclusion or

preference made on the basis of sex which has the effect of nullifying or impairing
equality of opportunity or treatment in employment or occupation‖. It requires states
parties to implement a national policy to eliminate all forms of employment
discrimination. Even though the convention odes not specifically address the issue of
sexual harassment, the fact that women are disproportionately affected by such behavior
brings it within the convention‘s definition of employment discrimination. Thus, states
that are party to this treaty are obligated to declare and implement a national policy to
combat sex discrimination, including harassment, by employing measures that are
appropriate to the local context

6.7.5 UDHR

UDHR affirms that all human beings are born free and equal in dignity and rights. Article
2 establishes that all people are entitled to the declaration‘s enumerated rights and
freedoms without distraction, including one that is based on sex, while article 3 provides
for a universal right to life, liberty and security of person. Besides, all people are entitled
to equal protection under the law, and everyone has the right to an effective remedy by
the competent national tribunals for acts violating the fundamental rights granted by the
constitution or by law. In addition to these overarching provisions, the declaration‘s
Article 23(1) carries significant weight in the context of sexual harassment, as it
establishes ‗the right to work, to free choice of employment, to just and favorable
conditions or work, and to protection against unemployment. Although this declaration is
only a morally- binding document, it is still important because it establishes clear
international norms that human rights violations are unacceptable and must be remediable
by law.

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6.7.6 Declaration of Violence against Women

The 1993 UN Declaration on Violence against Women states, ―violence against women
shall be understood to encompass, but is not limited to, the following: physical, sexual
and psychological violence occurring in the general community, including sexual
harassment and intimidation at work. As such, it creates an obligation for states to
exercise all due diligence in eliminating such forms of unacceptable behavior.

6.7.7 The Beijing Declaration and the Beijing Platform for action

The UN Fourth World Conference of Women in 1995 produced two important

documents: the Beijing declaration and the Beijing Platform for Action. The former
reaffirms an international commitment to the principles of human rights and dignity
enshrined in the UN Charter, the universal Declaration of Human Rights, the declaration
on Violence against Women, and the CEDAW convention. It professes a determination
by member states to ‗take all necessary measures to eliminate all forms of discrimination
against women and remove all obstacles to gender equality and the advancement and
empowerment of women to prevent and eliminate all forms of violence against women
and girls, and to ensure women‘s equal access to economic resources.
The Beijing Platform for Action (BPFA), on the other hand, includes in its list of critical
areas of concern ―violence against women, and inequality in economic structures and
policies, in all forms of productive activities. It also outlines specific measures that states
parties should undertake to achieve the objectives set forth in the Beijing Declaration.
The BPFA includes sexual harassment and intimidation in its definition of violence
against women. It further states that the experience of sexual harassment is an affront to a
worker‘s dignity and prevents women from making a contribution commensurate with
their abilities. Accordingly, the BPFA recommends that states enact and enforce laws and
develop workplace policies against gender discrimination in the labor market, especially
regarding discriminatory working conditions and sexual harassment.
In 2000, UN member states reinforce their support for the Beijing Declaration and the
BPFA by endorsing an outcome document on future actions and initiatives. In outlining
the obstacles to the implementation of the BPFA, the document noted among other
things, that ―sexual harassment is incompatible with the dignity and worth of the human

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person and must be combated and eliminated. It also highlighted the persistence of
discriminatory legislation and the continuing existence of legislative and regulatory gaps
that failed to provide women with adequate protection from gender – based violence as
one of the obstacles to achieving gender equality.
In the context of sexual harassment, this refers to the failure of states to fully implement
all measures necessary to secure for women, safe, healthy and equitable working
environments. Prosecuting offenders, breaking cycles of gender- based violence and
providing adequate redress for victims of such violence are simply not possible in the
absence of legislation authoring such actions to be taken. Sexual harassment must be
addressed at the national level if its prevention and eradication are to ever become
meaningful and attainable goals.

Question
Is sexual harassment a criminal act in Ethiopia?
What remedies are available to Ethiopian women who are victims of violence?

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 Chapter Seven
7. Political Participation of Women
7.1 Background

According to Womankind, women‘s political participation refers to ―women‘s ability to

participate equally with men, at all levels, and in all aspects of political life and decision
making.‖Women constitute slightly more than half of the world population. Their
contribution to the social and economic development of societies is also more than half as
compared to that of men by virtue of their dual roles in the productive and reproductive
spheres. Yet their participation in formal political structures and processes, where
decisions regarding the use of societal resources generated by both men and women are
made, remains insignificant. Presently, women's representation in legislatures around the
world is 15%, of course there are countries where in the participation of women in
politics goes to 33%. According to Womankind, women‘s participation in public life and
decision making varies from one country to country depending on the work done by
countries to:
 raise women‘s awareness of their rights and how to claim them
 provide access to information about laws, politics and institutions and
structures which govern their lives
 raise women‘s confidence, self-esteem and the skills so that they
themselves challenge and confront existing power structures
 Support networks and positive role models
 Create an enabling environment, meaning to create a political, legal,
economic and cultural climate that allows women to engage in decision
making process in sustainable and effective way.

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What international and national measures are taken to increase the participation of
women in politics and decision making?

7.2 Women’s right to participate in politics as a human right

With an increasing recognition among international community of women's historic

exclusion from structures of power, a global commitment has been made to redress
gender imbalance in politics. Women's enhanced participation in governance structures is
viewed as the key to redress gender inequality in societies. To enhance the political
participation of women, many international human rights documents as well as national
constitutions and laws enshrined provision that recognize the right of women to equally
participate in politics.
7.2.1 International standard
7.2.1.1 UDHR

The declaration under Article 21 recognized the right of every one, including both
women and men, to take part in the government of their country, directly or through
freely chosen representative
7.2.1.2 ICCPR

Article 25 of ICCPR guarantees all citizens of state parties to the convention to take part
in the conduct of public affairs without discrimination on the ground of, among others,
sex. The provision further assure all citizens, men as well as women, to vote and to be
elected at genuine public election
7.2.1.3 CEDAW

CEBAW elaborate the nature of women‘s political rights and the steps required to
promote greater equality between women and men in this area.
7.2.1.4 Beijing Platform for Action

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The Beijing Platform for Action, the principal international action plan on women‘s
rights, contains a section on women in power and decision-making, which states that
women empowerment and autonomy of women and the improvement of women‘s social,
economic and political status is essential for the achievement of both transparent and
accountable government and administration and sustainable development in all areas of
life
7.2.2 Regional instrument
7.2.2.1 PACPHRWA

This protocol impose obligation on state parties to promote participative governance and
the equal participation of women in the political life of their countries through affirmative
action, enabling national legislation and other measures so as to ensure the participation
of women in national elections without discrimination, equal representation of women at
all electoral process with that of men, partnership of women with men at all levels of
development and implementation of state policies and development programmers.
7.2.3 National Instrument
7.2.3.1 The FDRE Constitution

The Federal Democratic republic of Ethiopia Constitution like the constitution of most
countries of the world guarantee women equal right with that of men to equally
participate in politics.

7.3 The two main reasons that justify the promotion of

women’s participation in public life

Why should countries promote women‘s participation in politics and decision making?
Different scholars justify the need to promote the political participation of women
differently as we can understand from the following two line of arguments stated above.
The first line of argument is the intrinsic argument. According to this line of argument,
equal participation of women in politics forms the human rights perspective. According
to the proponenst of this argument, women constitute half of the world population and
therefore, it is only fair that they should have equal participation and representation in

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world democracies. The second line of argument is the instrumentalist line of argument.
This argument stresses that women have different vision and concepts of politics owning
to their sex and their gender role as a mother. The proponents of this argument therefore
assume that women in politics will bring a special caring focus and female values to
politics.

7.4 Factors Hindering Women’s Political participation

Women‘s participation and access to formal political power structures vary across
counties. There is a steady upward trend in women‘s political participation and
representation in developed countries. Out of twelve countries where women
representation in parliament is more than 33%, nine of them are ranked in the high human
development category. However, the improvements in medium and low human
development countries are not significant.
The structural and functional constraints faced by women are shaped by social and
political relations in a society. The following are some of the factors which constrain
women‘s participation in public life and decision making
7.4.1 Ideological factors

Patriarchy as a system of male domination shapes women‘s relationship in politics. It

transforms male and females into men and women and constructs the hierarchy of gender
relations where men are privileged. Andrienne Rich defines patriarchy as:
“ A familial-social, ideological, political system in which men by force, direct pressure or
through ritual, tradition, law, and language, customs etiquette, education, and the
division of labor, determine what part women shall or shall not play in which the female I
everywhere subsumed under the make,”
The gender role ideology is used as an ideological tool by patriarchy to place women
within the private arena of home as mothers and wives and men in the public sphere. This
is one of the vital factors that shape the level of women‘s political participation globally.
However, this ideological divide is not reflective of the reality. The boundaries between
public and private are often blurred in the North as well as in the South as private space

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are the legitimate space for women while public spaces associated with men. Women
have to negotiate their entry into and claim public space according to the discursive and
material opportunities available in a given culture and society. Although the gender role
ideology is not static rather remained in a flux while intersecting with economic, social
and political systems of a particular society, women continue to be defined as private
across countries which resulted in their exclusion from politics
7.4.2 Political Factors

The nature of politics is an important factor for the inclusion or exclusion of women in
politics. Vicky Randall defines politics as an ‗articulation, or working out of relationships
within an already given power structure‖, which is in contrast with the traditional view of
politics that defines it as an activity, a conscious, deliberate participation in the process
by which resources are allocated among citizens. This conception of politics restricts
political activity only in public arena and the private sphere of family life is rendered as a
political. This public-private dichotomy in traditional definition of politics is used to
exclude women from public political sphere and even when women are brought into
politics they are entered as mothers and wives.
Male domination of politics, political parties and culture of formal political structures is
another factor that hinders women‘s political participation. Often male dominated
political parties have a male perspective on issues of national importance that disillusions
women as their perspective is often ignored and not reflected in the politics of their
parties. Also women are usually not elected at the position of power within party
structures because of gender biases of male leadership. Meetings of councils or
parliamentary sessions are held in odd timings conflicting with women‘s domestic
responsibilities.
The larger democratic framework and level of democratization also impact women‘s
political participation. Secular democracies in Europe as well as in some of the
developing countries have created a relatively more space for women‘s participation in
politics as compared to countries where religious orthodoxy has been shaping politics and
democracy.
7.4.3 Socio-Cultural Factor

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The subordinate status of women vis-à-vis men is a universal phenomenon, though there
is a difference in the nature and extent of subordination across countries. Gender role
ideology only creates duality of femininity and masculinity, but also places them in a
hierarchal fashion in which female sex is generally valued less than male sex because of
their socially ascribed roles in the reproductive sphere. The gender status quo is
maintained through low resource allocation to women‘s human development by the state,
society and the family. This is reflected in the social indicators which reflect varying
degrees of gender disparities in education, health, employment, ownership of productive
resources and politics in all countries. In addition gender is mediated through class, caste
and ethnicity that structure access to resources and opportunities. The socio-cultural
dependence of women is one of the key detrimental factors to their political participation
in public political domain.
Women also find it hard to participate in politics due to the limited time available to them
because of their dual roles in the reproductive sphere. With their primary roles as mothers
and wives and competing domestic responsibilities and care worked, they are left with
little time to participate in politics.
7.4.4 Economic Factors

Politics is increasingly becoming commercialized. More and more money is needed to

participate in politics. Women lack access to and ownership of productive resource,
which in turn limits the scope of their political work.
7.4.5 Lack of Social Capital and Political Capacities

Women often lack social capital because they are often not head of communities, tribes
or kinship groups, resulting in the absence of constituency base for them and means of
political participation such as political skills, economic resources, education, training and
access to information.

7.5 Strategies for women’s political participation

There are two main strategies to promote women‘s participation in politics: gender quota
and enabling environment
7.5.1 Quotas Argument for and against
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Gender quotas emerged as a global fast tract strategy to redress the historic exclusion of
women from the formal arena of politics. Over the last half of the 20th century, many
countries have instituted gender quotas either voluntarily or through legislation. The
gender quota is marred with discursive controversy. Without debating the two distinct
opposing views, this section summarizes some of the issues highlighted in comparative
studies on gender quotas.

There is a clear consensus in the literature that gender quota is an effective tool in
addressing women‘s exclusion and ensuring their presence in formal structure of politics.
However, the controversy starts around the vital question as to what extent women‘s
presence in political structures has led to an effective mainstreaming of gender concerns
in politics. This has raised issues on the nature and modalities of gender quotas and its
limitation to empower women in politics.
Gender quotas are instituted within the context of gender disparities, which are structural
and systemic. Without addressing the structural constraints to women‘s political
exclusion, their inclusion through gender quota cannot lead to an effective representation.
Rai has emphasized the same point by arguing that ―while quotas are important in
addressing the exclusion of women from the public political sphere, they can only form
one part of a multi-facetted strategy for empowering women, which must together
withincreased political participation also involve a redistribution of socio-economic
resources within societies.‖ Women who lack civil and economic rights are unable to
exercise their political rights fully. The gender quotas, therefore, need to be linked with
the social and economic redistributive justice in the society.
Gender quotas are also riddled with essentialist assumptions of women as a distinct group
with a distinct perspective and the universalization of women as a category. Women are
homogeneous groups. They are divided along the line of class, ethnicity, religion and
rural/urban background. The domination of elite women in political structures due to
state quotas calls for locating the gender quota within the framework of diversity and
difference to ensure women‘s political empowerment.
The gender gap in politics cannot be redressed simply by bringing more women in to the
system. It is also a policy and outcome issue, which cannot be addressed unless

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supportive mechanisms are put in place and provided with an enabling environment to
work effectively. This makes the nature and process of quotas systems central to an
affirmative action measures. Experience shows that quota modalities must be direct,
empowering and enable women to develop their constituency.
Lastly, the wider context of politics and democracy is equally important to determine the
success of fender quota. Quota debates are globally located within the framework of
liberal democracy and citizenship. The extension of citizenship to all, irrespective of their
color, creed and gender, has become the basis of modern liberal democracies. In the elite
form of representative democracy being practiced in many countries, the electorates are
not free to exercise their right to vote. Voting behavior of the large majority of electorate
continues to be determined by primordial loyalties and patriarchal relations. Within this
political context when gender quotas are instituted, they do not necessarily bring gender
equality because this is a way some these states negotiate with modernity and pluralism
by bringing marginalized groups to the mainstream on the terms of male patriarchal elite.
When women enter through quotas in politics on these terms, they are unable to
transcend the public-private divide and are compelled to do politics only in the public
arena. Women in politics have failed to make family a part of public arena, despite the
fact that when they enter public space of politics they do not cease to be private
individuals. The contention is that within this patriarchal context of modern democracies
when women enter politics through gender quotas, they are unable to transform the
sexual politics in the state institution. Rather they are forced to play on male‘s terms.
Therefore, it is concluded that without the transformation of the wider politics, gender
quota cannot lead to women‘s political empowerment.

7.5.2 Enabling environment for women participation in politics and

development

Creating enabling environment is important to promote the political participation of

women. The goal of equal participation of women in politics can be achieved when
socio-cultural, political and economic structural barriers are changed.

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The first important element of the enabling environment relates to the nature of
democracy and the level of democratization in society. The participative and
decentralized form of governance creates greater space for citizens to participate in
governance processes and structures. It also creates space for greater interaction between
the state and the society.
Human capacities are dependent on the availability of resources such as education, health
and employment that build capabilities and enlarge human choices. Access to education,
health and employment is directly linked with women‘s ability to create space for
themselves in politics and development.
Women‘s consciousness of their political rights is another critical element for women‘s‘
individual and collective agency. Political consciousness through building transformative
communities is one sustainable way to transform politics and development.
A strong women‘s movement and civil society is another condition of enabling
environment that can influence the direction of politics and development in favor of
women.
Triple roles of women in productive, reproductive and community management spheres
must inform the efforts for crating supportive environment for women‘s political
participation. Provision of child care and care work is vital to enabling women to
participate in the development processes.

7.6 Participation of Ethiopian Women in Public Life and

Decision Making

Ethiopia is one of the countries wherein women‘s participation in politics is minimal due
to the factors dealt here in above. As indicated by the representative of Ethiopia, in her
report to the committee on elimination of discrimination against women, 645 and 646
meeting, under-representation in decision making is one of the several disadvantages
facing Ethiopian women.
What specific initiatives had been taken by the government of Federal Democratic
Republic of Ethiopia, FDRE, to enhance the participation of women in public life and
decision making and to sensitize the same on their right?

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To enhance the political participation of women, the Government of Federal Democratic
Republic of Ethiopia ratified the Convention on Elimination of all forms of
Discrimination against Women, integrated the same in the country‘s Constitution and
made it the law of the land.
The FDRE Constitution promote women‘s participation in politics declaring under
Article 38 the right of every Ethiopian to participate in public affairs, to vote and to be
elected to any office at any level of government and to be a member of any political
organizations, labor union, trade organization and etc; without discrimination on the
ground of sex. In addition the Constitution entitled women to affirmative measures in
politics, under Article 35(3), in order to remedy the historical legacy of inequality and
discrimination suffered by Ethiopian women by enabling them to participate and compete
on the basis of equality with men, including in political life.
Besides, the government initiated various policies and strategies such as the National
Policy on Women of 1993 and the five years (2005/06-2009/10) plan for Accelerated and
Sustained Development to End poverty (PASDEP). The national policy for women is
aimed at institutionalizing the political and socio-economic rights of women by creating
appropriate structures in government institutions so that public policies and interventions
are gender sensitive and geared towards ensuring equitable development for all
Ethiopians. The attainment of equality between men and women, among others, in the
political and development endeavor of the country is one of the goals of PASDEP.
Building women‘s and girls capacity in the areas leadership and managerial skill so that
they can exercise their rights and initiating specific measures to increase gender balanced
representation within political and public sphere are among the general objectives of
PASDP. Efforts have also been made both by governmental and non governmental
organizations to disseminate women rights information to the people including, but not
limited to, women‘s right to participate in politics equally with that of men. The
translation of Human Rights Conventions which enshrined provision that recognize
women‘s right to participate in politics into working local language and the improvement
in the education of gender issues in media are part of the effort made to promote the
political participation of women in the country.

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The increase in the number of women both in the House of Peoples Representatives and
House of Federation, in almost all political parties and the state councils are indicators of
the enhancement of women‘s political participation in Ethiopia though the increase is not
as large as it should be due to the continuation of stereotypes. (See tables 1-4 bellow)

Table One
Number of Women in the House of People’s Representatives in the 2nd and 3rd
Parliamentary Terms

Term Total Seat in Male Female Women in %

the House
2nd 546 504 42 7.69%
3rd 526 410 116 22.05%

Table two
Number of Women in the House of Federation in the three parliamentary terms

Term Total Seat in Male Female Women in %

the House
1st 108 101 7 6.48
2nd 112 12 8 7.14
3rd 112 91 21 18.75

Table three
POLITICAL PARTIES AND THEIR SEATS IN THE THRID TERM OF THE
HOUSE OF PEOPLES’ REPRESENTATIVES (2005-2009)

Number of Women MPs as related to their Parties

No. Party Men Women Total Seats Share in
percentage
1 TPLF 24 14 38
2 ANDM 58 29 87

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 3 OPDO 74 36 110
4 SEPDM 64 28 92
Total Chairs Occupation by 220 107 327 62.17
EPRDF
5 AEUO 42 1 43 8.18
6 UEDP-MEDHIN 34 2 36 6.84
7 REMDSJ 8 0 8 1.52
8 EDL 1 1 2 0.38
9 UEDF 51 1 52 9.89
10 SPDP 23 1 24 4.56
11 OFDM 10 1 11 2.09
12 BGPDUF 7 1 8 1.52
13 ANDP 7 1 8 1.52
14 GPDM 3 - 3 0.57
15 ANDO 1 - 1 0.19
16 HNL 1 - 1 0.19
17 SMPDUO 1 - 1 0.19
18 Independent 1 - 1 0.19
Total 410 116 526 100%

TPLF: Tigray Peoples’ Libration Front

ANDM: Amhara National Democratic Movement
OPDO: Oromo Peoples’ Democratic Organization
SEPDM: Southern Ethiopian Peoples’ Democratic Movement
EPRDF: Ethiopian Peoples’ Revolutionary Democratic Front
AEUO: All Ethiopian Unity Organization
UEDP-MEDHIN: United Ethiopian Democratic Party-MEDHIN
REMDSJ: Rainbow Ethiopian Movement for Democracy and Social
Justice
EDL: Ethiopian Democratic League
UEDF: United Ethiopian Democratic Force

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SPDP: Somali Peoples Democratic Party
OFDM: Oromo Federalist Democratic League
BGPDUF: Benshangul-Gumuz Peoples Democratic Unity Front
ANDP: Afar National Democratic Organization
GPDM: Gambela Peoples Democratic Movement
ANDO: Argoba National Democratic Organization
HNL: Harrari National League
SMPDUO: Shecko Mejenger Peoples Democratic Unity Organization

N.B. The Number of Members of House is stated as 526 as the remaining 20 failed
to take up their seats.

Table Four
Women participation in Regional State Councils
Regions Regional Male Female Percentage
state members members of female
councils members
1 Tigray 152 78 74 48.68%
2 Oromia 537 338 199 37.05%
3 Harari 36 24 12 33.33%
4 Amhara 294 208 86 29.25%
5 Southern Nations, 348 253 95 27.29%
Nation Laities and
peoples (SNNP)
6 Gambela 82 70 12 14.63%
7 Benshangul 99 88 11 11.11%
Gumuz
8 Afar 87 80 7 8.04%
9 Somali 183 177 6 3.27%
Tota 1818 1316 502 27.61%

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 Chapter Eight
8. Reproductive Rights of women
8.1 Reproductive Rights defined

Different materials and laws define reproductive health almost similarly but using
different languages. For example, Wikepeda Encyclopedia defined reproductive health
right as rights related to sexual reproduction and reproductive organ. As per the same
source, reproductive health rights include:
1. The right to legal or save abortion ;
2. The right to control one‘s reproductive functions;
3. The right to access quality reproductive health care and
4. The right to education and access in order to make reproductive choice free from
coercion, discrimination and violence.

Reproductive health is comprehensively defined in Cairo International Conference on

Population and Development Program of Action. In the conference, State parties to
Convention in Elimination of Discrimination Against Women committed themselves to
further the right to reproductive health and defined reproductive health as ―a state of
complete physical, mental and social wellbeing and not merely the absence of disease or
infirmity, in all matters relating to the reproductive system and to its function and
process. Reproductive health therefore implies that people are able to have a satisfying
and safe sex life and that they have the capacity to reproduce and freedom to decide if,
when and how often to do so. Implicit in this last condition are the right of men and

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women to be informed and to have access to safe, effective, affordable and acceptable
method of family planning of their choice, as well as other method of their choice for
regulation of fertility which are not against the law and the right of access to appropriate
health care service that will enable women to go safely through pregnancy and child
birth and provide couples with the best chance of having a healthy infant.‖
The above definition is very important as it disclose the wrongness of defining right to
reproductive health as freedom from reproductive diseases. Right to reproductive health
does not mean freedom from reproductive disease; it means ensuring that people have
access to acceptable and affordable reproductive care that permits them to avoid or treat
productive health.
As per Article 14 of Protocol to the African Chapter on Human and People‘s Right on the
Rights of Women in Africa, reproductive right is a right that includes:
1. The right to control one‘s fertility;
2. The right to decide whether to have children, the number of children and the
spacing of children;
3. The right to chose any method of contraception;
4. The right to self-protection and to be protected against sexually transmitted
infections, including HIV/AIDS;
5. The right to be informed on one‘s health status and on the health of one‘s partner,
particularly if affected with sexually transmitted infections including HIV/AIDS
in accordance withinternationally recognized standards and best practices and
6. The right to have family planning education.

Assignment
Please identify the elements of each of the definitions of reproductive health above, and
check if there is/are element/s included in one definition but not in the other?

Question for discussion

Are reproductive health rights the rights of women only?
Some understood reproductive health rights as rights of both women and men, but most
frequently the rights are advanced as women‘s rights. For example the United Nations

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Population Fund (UNPF) and the World Health Organization(WHO) advocate for
reproductive rights with a primary emphasis on women‘s rights.

8.2 Reproductive Health Right as a Human Right

Different international, regional and national Constitutions recognized reproductive

health right of women as a human right realizing the fact that women can not experience
the overall enjoyment of the right to health unless their reproductive health right is
respected, fulfilled and protected. Herein under are the lists of international, regional and
national standards that recognize the reproductive health right of women as human rights.
8.2.1 International standard
8.2.1.1 Teheran Declaration

The idea of reproductive health rights as part of human rights was first discussed at the
United Nation International Conference on Human Rights in Teheran, 1968. The sixteen
Article of Teheran Proclamations recognized reproductive right as a subset of human
right and states that parents have a basic human right to determine freely and responsibly
the number and the spacing of their children.
8.2.1.2 CEDAW

State parties to CEDAW under Article 11(1) F and (2) affirmed the right to family
planning and maternity health and have accepted the legally binding obligation to protect
these rights and safeguard women‘s reproductive right.
8.2.2 Regional Standard
8.2.2.1 PACPHRWA

After stating what rights are included in reproductive rights of women (see the third
definition in 8.1), the protocol imposed obligation on state parties to:

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  Provide adequate, affordable and accessible health services, including
information, education, and communication programmes to women especially
those in rural areas;
 Establish and strengthen existing pre-natal, delivery and post natal health and
nutritional service for women during pregnancy and while they are breast feeding
and
 Protect the reproductive rights of women by authorizing medical abortion in cases
of sexual assault, rape incest, and where continued pregnancy endangers the
mental and physical health of the mother or the life of the mother or the fetus.
8.2.3 National standard
8.2.3.1 The FDRE Constitution
The FDRE Constitution under Article 35(9) recognized women‘s rights of
access to family planning education, information and capacity. Besides, it
guaranteed women the right to prevent harm arising from pregnancy and
childbirth.

8.3 Abortion as Human Rights

Induced abortion or deliberate termination of pregnancy is one of the most argumentative

legal issues. The argument is between those who support the legality of safe and legal
abortion and those who oppose the legality of abortion.
What do you think are factors that gave raise to the argument for and against the legality
of abortion?
There are many factors that contribute to the argument for and against abortion. Of all the
factors, religious outlook is the main one that has influenced the current position of many
local laws. Major religions such Catholics, Hinduism, Buddhism and Humanists
condemn abortion and consider it as a deliberate taking away of life that should be
prohibited upon punishment. Contrary to what the religious groups argue, advocates of
women‘s rights support the legality of abortion. According to them women have a right
to independently decide in all matters in relation to their reproductive right including the
issue of abortion. The advocates justify their argument saying equitable access to safe
abortion service is first and for most a human right. Where abortion is safe and legal no

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one is forced to have one. Where abortion is illegal and unsafe, women are forced to
carry unwanted pregnancy or suffer serious health consequences and even death.
Approximately 3% of maternal death world wide are attributed to unsafe abortion
(between 68, 000 and 78,000 women die annually due to unsafe abortion)
According to Human Rights Watch, one of the proponents of the legality of abortion, the
denial of pregnant women‘s rights to make an independent decision regarding abortion
violates or poses a threat to a wide range of human rights. Such as: the right to life, the
right to health, the right to freedom from Discrimination, the right to security of person,
the right to liberty, the right to privacy, the right to information, the right to be free from
cruel, inhuman or degrading treatment, the right to decide the number and spacing of
children and the right to thought and religion.
Women's access to safe and legal abortions is restricted in law or in practice in most
countries in the world. Even where abortion is permitted by law, women may only have
limited access to safe abortion services. Only a small number of countries prohibit
abortion in all cases. In most countries and jurisdictions, abortion is allowed to save the
pregnant woman's life, or where the pregnancy is the result of rape or incest

8.4 Abortion in Ethiopia

Unsafe abortion, according to the FDRE government report, is the fifth leading cause of
hospital admission and the second leading cause of death among hospitalized women in
Ethiopia. This shows the fact that women carry out abortion disregarding the legal
prohibition of the act in the Penal Code of 1957. Most of the abortion service in Ethiopia
is staffed by non specialists and mid level providers in an unsafe manner and as a result
most of the women in the country who carried out abortion are victims of abortion related
complications. As indicated in the survey conducted by International Product and Service
(IPAS), of those facilities that provide uterine evacuation services, only 26% were staffed
by obstetricians/ gynecologists. Non-specialists and Middle-level providers were much
more common staffing nearly 70% of these facilities. The same finding indicated that of
the 1,295 women suffering from abortion related complications in Oromia, Addis Ababa
and Amhara, in three months period, 94% were conducted using sharp curettage and only

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5% were treated using manual vacuum aspiration and 1% were referred to higher level
facilities.
Understanding the tremendous tragic toll that unsafe abortion takes in Ethiopia especially
on young and poor women, the government of Ethiopia approved a number of legal
reforms and took policy measures that aimed at promoting women‘s reproductive health
and rights. The main legal reform taken to promote women reproductive right is the
revision made to the penal code of Ethiopia, particularly the amendment of the provisions
with the in relation to the reproductive right of women. For example under the 1957
Penal Code of Ethiopia, abortion was considered as a criminal act which is punishable
unless in some stated exceptional situations. As stated under Article 534(1) termination
of pregnancy is not punishable where it is done to save the pregnant women from grave
and permanent danger to life or health which is impossible to avert in any other way.
Similarly Article 545(1) of the revised Criminal Code of 2004 considered intentional
termination of pregnancy as a criminal act. However, the exceptional situations have
been put in wider context. Accordingly termination of pregnancy is not punishable in
Ethiopia if:
 The pregnancy is the result of rape or incest;
 The continuation the pregnancy endangers the health or life of the mother or the
child or where the birth of the child is a risk to the life or health of the mother;
 Where the pregnant women owing to a physical or mental deficiency or minority
is physically as well as mentally unfit to bring up the child

Moreover, Article 550 of the criminal code stated that the court shall mitigate the
punishment put under the law, where the pregnancy has been terminated on the account
of poverty.
The government also drafts a five years action plan with the objective of, among others,
improving women and girls reproductive rights called A plan for accelerated and
sustainable development to end poverty. In the plan the government committed to
protect women‘s reproductive rights, to improve the health status of women and girls, to
improve maternal health care service, to provide and ensure access to gender sensitive
health information by men and women, to implement gender sensitive HIV/AIDS
prevention and to promote male involvement in reproductive rights and health activities.
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