Women’s Rights Are Human Rights: Combating Gender-Based  Violence and Inequality

Abstract

This article explores the persistent global issue of gender-based violence (GBV) and systemic  gender inequality through a human rights lens. It examines how international and national legal  frameworks address the protection of women’s rights, the implementation challenges they face,  and the need for reform. The article highlights landmark treaties like CEDAW and key domestic  legislation, evaluates their effectiveness, and proposes legal and policy recommendations.  Ultimately, it advocates for a more inclusive and enforceable legal approach to achieving gender  justice.

Introduction

The principle that “women’s rights are human rights” underscores the indivisibility and  universality of human rights. Yet, across the world, women continue to face gender-based violence  and inequality in all spheres of life—personal, professional, and political. This article examines  the role of legal systems in addressing these violations of women’s rights.

The purpose of this article is to analyze the existing legal responses to gender-based violence and  inequality, assess their shortcomings, and propose recommendations. It addresses the central  question: How effective are legal frameworks in combating gender-based violence and promoting  gender equality?

The article is structured as follows: it first provides background on the legal recognition of  women’s rights, then presents three key sections analyzing different dimensions of the issue,  followed by a discussion and conclusion.

Background

International law recognizes women’s rights as integral to the broader framework of human rights.  The United Nations Convention on the Elimination of All Forms of Discrimination Against  Women (CEDAW)ⁱ, adopted in 1979, is the cornerstone international treaty addressing women’s rights. It obligates states to eliminate discrimination and promote equality. The Declaration on the Elimination of Violence Against Women (1993) defines gender-based  violence as a violation of fundamental freedoms and human rights. The Istanbul Convention  (2011) further compels states to criminalize domestic violence, sexual violence, and psychological  abuse.ⁱⁱ

Despite these frameworks, millions of women remain vulnerable to various forms of GBV due to  weak implementation, cultural norms, and systemic bias in legal systems. National laws, such as  the Domestic Violence (Prevention and Protection) Act in Bangladesh or the Violence Against  Women Act (VAWA) in the U.S., reflect efforts to localize protections but still face challenges in  enforcement.

Legal Frameworks Addressing Gender-Based Violence Gender-based violence includes physical, sexual, psychological, and economic abuse rooted in  gender inequality. The recognition of such violence as a human rights violation has led to legal  reforms in many countries. Internationally, CEDAW General Recommendation No. 19 (1992) and No. 35 (2017) provide  detailed guidance on state obligations to prevent and respond to GBV.ⁱⁱⁱ The Istanbul Convention  is legally binding for Council of Europe members and is the most comprehensive regional  instrument.

In domestic contexts, laws vary widely. For example, the UK’s Domestic Abuse Act 2021 expands  definitions of abuse, while India’s Protection of Women from Domestic Violence Act 2005  provides civil remedies. However, enforcement mechanisms are often under-resourced, and  patriarchal social norms hinder reporting and prosecution.

Cases like Opuz v. Turkey (ECHR, 2009) demonstrate how failure to protect women from domestic  violence can constitute a breach of human rights obligations.^iv The court held that Turkey had  violated the European Convention on Human Rights due to its ineffective response.

Systemic Gender Inequality and Legal Barriers Gender inequality persists in areas such as employment, property rights, and political  representation. While laws often mandate formal equality, substantive inequality remains. For instance, although many constitutions guarantee equality (e.g., Article 28 of the Constitution of Bangladesh), women often lack access to justice due to legal illiteracy, gender bias in courts,  and economic dependency.^v Discriminatory practices in family law, inheritance, and citizenship further exacerbate gender  inequality. In many jurisdictions, religious or customary laws take precedence over statutory  rights, undermining women’s legal protections.

Furthermore, gendered power dynamics in legal institutions contribute to underreporting and  inadequate redress. In Attorney General v. Dow (Botswana, 2001), the court struck down a  nationality law that denied women the right to pass citizenship to their children, showcasing  progress—but such victories remain uneven.^vi

Counterarguments and Challenges in Enforcement While legal recognition of women’s rights has expanded, critics argue that a rights-based approach  may not fully account for cultural diversity or economic limitations in developing states. Some argue that imposing universal standards may clash with traditional norms, resulting in  limited compliance. However, human rights are based on dignity, not culture. The challenge lies  in ensuring culturally sensitive but non-discriminatory implementation. Resource constraints also hamper enforcement. Police often lack training on gender sensitivity,  and legal aid for survivors is limited. Critics point out that legal reform without societal change is  insufficient. Nonetheless, legal frameworks remain essential for setting norms and providing tools  for accountability. Moreover, the increasing use of digital platforms for harassment (cyberstalking, online abuse)  presents new legal challenges. Few jurisdictions have comprehensive cyber laws that address  gendered online violence adequately.

Discussion

This article has examined the legal mechanisms addressing gender-based violence and inequality.  The analysis reveals that while international and domestic legal instruments provide a strong  foundation, enforcement gaps persist due to socio-cultural and institutional factors. Effective legal frameworks must be supported by education, capacity-building, and societal  awareness to foster gender equality. Laws alone cannot eliminate GBV, but they are indispensable  in empowering women, deterring abusers, and holding governments accountable.

To strengthen protections, states should incorporate CEDAW into domestic law, improve victim  support systems, and establish gender-sensitive judicial processes. Integrating legal reforms with  community-based interventions can enhance both compliance and cultural legitimacy.

Conclusion

The assertion that “women’s rights are human rights” is not merely rhetorical—it is a legal and  moral imperative. Despite significant legal progress, gender-based violence and systemic  inequality continue to violate the human rights of millions of women worldwide. This article has shown that robust legal frameworks exist but require stronger implementation,  broader awareness, and institutional reform. Addressing cultural resistance, judicial bias, and  underfunded enforcement mechanisms is essential to translating rights into reality. Promoting gender equality through the law not only protects women but strengthens the foundation  of human rights globally. It is time for states to move beyond formal commitments and embrace  substantive change.

Reference(S):

ⁱ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

ⁱⁱ Council of Europe, Istanbul Convention, 2011

ⁱⁱⁱ CEDAW General Recommendation No. 19 (1992), No. 35 (2017)

^iv Opuz v. Turkey, European Court of Human Rights, 2009

^v Constitution of the People’s Republic of Bangladesh, Article 28

^vi Attorney General v. Dow, Court of Appeal of Botswana, 2001