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1. Legal Mechanisms for Protecting Women's Rights: Examples from Southeast Asia
- ISEAS–Yusof Ishak Institute
- Chapter
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1 LegalMechanismsfor ProtectingWomen’sRights: ExamplesfromSoutheastAsia TheresaW.Devasahayam Introduction With increasing levels of economic development in countries across the world, the assumption is that there would be greater equality between men and women in everyfacetoflife.Itisnolongerasurprisetoseewomen makingamarkinthepublicsphere:therearewomenin high-level positions in government, the private sector, including banking and financial services, international organizations, and others. But women would not have come thus far without the endorsement of the state throughtheinstallationoflawsandpoliciesengendering equalitybetweenthesexes.Mostcountrieshaveinplace national laws to protect women’s rights, in addition to havingratifiedthemostdistinctinternationalhumanrights instrumentrelatedtowomen—theUNConventiononthe EliminationofAllFormsofDiscriminationAgainstWomen 01SWC.indd1 1/24/112:54:02PM 2 TheresaW.Devasahayam (CEDAW). Others have complemented their legislation and their support of CEDAW with targeted programmes toeliminateanydiscriminationagainstwomen. Inspiteoftheseefforts,therehavebeenmixedfindings reportedonwomen’sadvancementinmanycountriesacross the world — whether it is in education, employment, health,ormattersintheprivatedomainsuchasdomestic violence.1 For example, “violence against women and sexualexploitationremainseriousproblems…”,according toaCEDAWreport.2 Onlyeighty-ninememberstatesofthe UnitedNationshavelegislativeprovisionsforaddressing domestic violence as of 2006 and, of this number, sixty states have specific domestic violence laws while others havemappedoutclearnationalplansonthisissue.3 Clearly, not all governments have conscientiously installed the relevantlegislationtoprotectwomen,drawingcriticisms from some human rights quarters which accuse “[some] governments[of]notlivinguptotheirpromises…”.4 In response, these governments have evoked the “separate sphereideology”,maintainingthatsomeissuesarerelated to the private domain in which governments should not interfere (Mertus 1995, p. 135). But if governments do recognizethat“disrupt[ing]existingfamilyarrangements and influenc[ing] women’s ability to participate fully in thesocialandpoliticalspheres”throughlegalprovisions resultsinprotectingwomen’srights(Mertus1995,p.135), this may have the effect of fulfilling larger economic, political,andsocialgoals. In spite of recognizing that the law is “a powerful weaponinthestruggleforsocial,politicalandeconomic 01SWC.indd2 1/24/112:54:02PM [18.118.9.146] Project MUSE (2024-04-26 01:52 GMT) LegalMechanismsforProtectingWomen’sRights 3 equality between men and women … the struggle to produce a society where sex is no longer a barrier to equality” continues to be prevalent in many countries (Mezey 2001, p. 420). While installing legal provisions to protect women’s rights in the private domain as well as in other areas impeding gender equality is a critical stepforwardforwomen’sempowerment,itmustbenoted thathavinglawsinplacedoesnotalwaysguaranteethat women’srightsareprotected.Ithasbeenfoundthatvarious obstaclesexistintheimplementationoftheselaws,together with the problem that these laws have shortcomings which, in turn, have perpetuated and reinforced gender inequality instead. It must also be recognized that national laws are not applied in isolation. Rather these laws protecting women’s rights are often operating in tandemwithreligiouslawsandculturalnorms,sometimes resulting in clashes (cf. Mertus 1995). For example, it has been found in the region that men continue to have “the unilateral right … to repudiate his wife, contract polygamousmarriages,claimconjugalrights…”basedon religiouslaws,posingproblemsindevelopingamodelof equalityforbothmenandwomen(EconomicandSocial CommissionforAsiaandthePacific1997,p.34).5 Thus in many instances, the implementation of national laws protectingwomenisobstructedbyamyriadofvariables — each having the effect of suppressing or hindering genderequalityorevenreproducinggenderinequality.For these reasons, in spite of the existence of national laws protectingwomen’srightsinmanyareas,womencontinue to be disadvantaged. 01SWC.indd3 1/24/112:54:02PM 4 TheresaW.Devasahayam TheFightforWomen’sRights:AWoman’sStory Nationallawsprotectingwomen’srightsinSoutheastAsia run...