Womensandchildrensrightsinahumanrightsbasedapproach

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DIVISION OF POLICY AND PLANNING WORKING PAPER

WOMEN’S AND CHILDREN’S RIGHTS IN A HUMAN RIGHTS BASED APPROACH TO DEVELOPMENT SAVITRI GOONESEKERE RANGITA DE SILVA-DE ALWIS

SEPTEMBER 2005

DIVISION OF POLICY AND PLANNING WORKING PAPER

WOMEN’S AND CHILDREN’S RIGHTS IN A HUMAN RIGHTS BASED APPROACH TO DEVELOPMENT SAVITRI GOONESEKERE RANGITA DE SILVA-DE ALWIS

SEPTEMBER 2005

WOMEN’S AND CHILDREN’S RIGHTS IN A HUMAN RIGHTS BASED APPROACH TO DEVELOPMENT © United Nations Children's Fund (UNICEF), New York, 2005 UNICEF 3 UN Plaza, NY, NY 10017 (INSERT MONTH), 2005 This is a working document. It has been prepared to facilitate the exchange of knowledge and to stimulate discussion. The text has not been edited to official publication standards and UNICEF accepts no responsibility for errors. The designations in this publication do not imply an opinion on legal status of any country or territory, or of its authorities, or the delimitation of frontiers.

Table of Contents
Executive Summary……………………….......……………………………………………………………….…...i

Part One – Introduction……………………………………………………………………………………... 1 Human Rights as a Strategy for Development…………………………………………………………………... 1 Mainstreaming a Gender Perspective in Human Rights Treaty Bodies and UN Work and Conferences…………………………………………………………………………………...4 Emerging Human Rights Trends in the Context of CEDAW and CRC………………………………………..6 Essential Elements of a Human Rights Based Approach to Programming for Women and Children…………………………………………………………. 9

Part Two – Linking the CEDAW and CRC…………………………………………………………….12 Protections of the Girl Child in the CRC and CEDAW………………………………………………………… 12 CRC Committee on the Girl Child……………………………………………………………………………….. 13 The Status of the Girl Child in the CEDAW…………………………………………………………………….. 15 Mutually Supportive Relationship in CRC and CEDAW…………..…………………………………………... 16 Linkages of CRC and CEDAW: Exploring the Interconnectedness of Women’s and Children’s Rights in Programming…….……………………………………………………... 17 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Equality…………………………………………………………………………………………. 18 Rights in the Family……………………………………………………………………………. 22 Violence Against Women and Children………………………………………………………. 23 Labour…………………………………………………………………………………………... 26 Health…………………………………………………………………………………………… 26 HIV/AIDS……………………………………………………………………………………….. 28 Reproductive Health…………………………………………………………………………… 30 Culture and Traditions………………………………………………………………………… 31 Education……………………………………………………………………………………….. 33 Nationality………………………………………………………………………………………. 35 Participation, Leadership and Human Resource Development…………………………….. 35 Trafficking……………………………………………………………………………………… 38

Institution Building, Programming and Monitoring……………………………………………………………..39 Conclusion …………………………………………………………..……………...……………………………... 43

Executive Summary The paper examines the linkages between children’s and women’s rights in the context of the Convention on the Rights of the Child (CRC) and the Convention Against the Elimination of All Forms of Discrimination Against Women (CEDAW). The paper demonstrates how reading these conventions together can enrich the promotion and protection of children’s and women’s rights in three major ways. First, the provisions of the CRC and CEDAW overlap in many areas; thus, reading them together enables a more comprehensive human rights based approach that takes into account specific vulnerabilities based on both age and gender. Second, in some instances, one convention addresses an issue of concern to children or women where the other convention is silent. Third, in many instances, protection of women’s rights is important for the achievement of children’s rights and, conversely, protection of children’s rights is important for the achievement of women’s rights. Consequently, the two conventions are both mutually reinforcing and complementary. The first section of the paper provides an overview of human rights based approaches to development as a...
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