Women's rights and international legal regulation

Development and raising the level of international standards of human rights is one of the most important achievements of civilization. The concept of women's rights as human rights, as well as different practices related to the implementation of this concept is one of the constantly evolving trends of the international movement to improve the status of women. In this article the author discussed the international legal status of women, particularly women's rights in the Republic of Kazakhstan.

Human rights nowadays acquired global significance, which indicates that in modern international law there has developed and established a new principle of universal respect for fundamental human rights and freedoms. Since the second half of the XX century was adopted a number of important international documents proclaiming the rights of man and citizen. With the development of international law, a special place in the complex of human rights have come to occupy the right of such groups as a woman. The growing role of women in society is one of the most characteristic features of modernity.

Currently, the protection of women's rights are particularly relevant, not only because of the growing role of women in all spheres of public life, but also due to the numerous violations of human rights of women include: failure to comply with the international law principle of equality between men and women, namely failure to comply with the right of women to participate in the implementation of international and domestic policy; lack of international legal protection of women against violence; international trafficking in women; in need of a revision of the mechanism of international protection of women during armed conflict; lack of implementation of international standards relating to women's health because of what a high level of maternal and infant mortality; inequality between men and women at work (discriminatory conditions in employment, unequal pay for equal work and work of equal value, insufficient social benefits).

Currently, in the literature and in practice, there was even a special term «women's human rights», by which we just emphasize this unity. With the increasing role of women in all spheres of public life in their countries, there took place the increased attention to the issue of women at the international level.

This is evidenced by such important events of the last two decades, as the International Women's Year (1975), the United Nations Decade for Women (1976 – 1985.), The World Conference in Nairobi, that developed forward-looking strategies for the advancement of women in the period from 1986 to 2000, the adoption of more than a dozen international conventions on various aspects of the status of women and guarantee their rights. [1]

The recognition of the importance of the international community of women's rights is evidenced by the fact that a large number of countries in the world have become parties to the Convention on the Elimination of All Forms of Discrimination against Women, 1979.

Unfortunately, gender discrimination often occurs in women’s life. In some populous countries such discrimination begins even before birth. Women more often than men continue to be discriminated against on grounds of sex. History shows that women had to fight for the right for education. It is women who make up the majority of the unemployed, as they practice harder than men to get a job. Till current days there is a phenomenon of limited participation of women in public decision-making. In practice, most countries do not yet achieved the goal of giving women 30 percent of management positions set before each State by the Economic and Social Council of the United Nations back in 1995.

Human rights of women and the girl children are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life at the national, regional and international levels, as well as the elimination of all forms of discrimination on grounds of sex are priority objectives of the international community. For the empowerment of women is vital if the full realization of all human rights and fundamental freedoms of all women.

Meanwhile, equality between women and men in decision-making and the execution of power at all levels is a condition for the democratization of the state and public life. Unequal access of women to policy keeps going; also there is still limited access to economic structures and to the manufacturing process itself, although women make a significant contribution to the national economy. Therefore, this situation cannot be considered normal, since there is a violation of one of the components of the principle of equality, namely the principle of non-discrimination. To eliminate gender inequality requires effective mechanisms at both the national and international levels, which would stimulate the advancement of women and protection of their rights.

In connection with the foregoing, the relevance of the study of the treatment of this problem is due to several factors: the changing priorities of the international community to cooperate on the implementation of human rights due to the willingness of states equally and fully implement enshrined in international human rights of women; identified as one of the main activities of the UN system issues of equal treatment for men and women; need for uniformity in international instruments and mechanisms for the implementation and protection of women's rights.

Today, in the theory of human rights and freedoms there is a small but still progress, particularly in terms of their legal registration, public attention, political and philosophical reflection, scientific capacity. However, the reality is that these rights are grossly violated everywhere and not to be respected, ignored, poorly protected, are not provided with a cost. And it is well known that it’s not enough to proclaim certain rights and freedoms, the main thing is to materialize them and put into practice, which is more challenging. Under the conditions arising in the country of profound economic, political and spiritual crisis, natural and inalienable human rights are being severely tested. On the one hand, the company finally realized the need and the absolute value of these rights inherent from birth, on the other - it is not yet in a position to ensure their full implementation and guaranteed. These rights was just declared.

During the years of independence, Kazakhstan has made progress in the field of protection of rights and interests of women and men. In 1998 our state has ratified the UN Convention on the Elimination of all forms of discrimination against women. Ratified the UN Convention "On the Political Rights of Women" and "On the Nationality of Married Women", a total of more than 60 ratified multilateral international universal human rights treaties.

In this regard, it is noteworthy that the experts of the UN Committee on the elimination of all forms of discrimination against women, in general, give a positive assessment of the situation of women's rights in Kazakhstan.

Decree of the President of Kazakhstan on November 29, 2005 №1677 approved the Gender Equality Strategy in the Republic of Kazakhstan for 2006-2016 (hereinafter – the Strategy). Strategy is an important document aimed at implementation of the gender policy of the state, a tool for its implementation and monitoring of the state and civil society, an important factor in the development of democracy. Implementation of the Strategy will contribute to the creation of conditions for the uniform implementation of the men and women of their rights, and sets to work to achieve equal rights and opportunities for men and women in the period from 2006 to 2016.

For Kazakhstan, the assignment of the rights of women to international law is of particular importance, since the Constitution of Kazakhstan in 1995 included the generally recognized principles and norms of international law and international treaties of the Republic of Kazakhstan in the legal system of the country and proclaimed their priority in relation to the relevant national legislation.

Today, as in Kazakhstan there is carried out social and economic reforms aimed at creating a democratic society, the expansion of cooperation with the UN, particularly in terms of training of women professional staff, research, exchange of information and advice in the development of special measures for the advancement of women – particularly desirable useful and necessary.

"The rights and freedoms of man and citizen, their content, the implementation and protection mechanism occupied a special place in the Constitution of the Republic of Kazakhstan in 1995", which is one of the main provisions of the Universal Declaration of Human Rights of 1948 on the need to ensure that in every state, as stated in the Declaration, "the human rights protected by the rule of law," and this principle was constituted as one of the foundations of the constitutional system of the Republic of Kazakhstan [2, p.4].

Fundamental rights and freedoms of the individual ceased to be a purely internal matter. It is generally accepted that the rights and freedoms of citizens is not only a matter of each individual state, it is - the purpose of the entire world community.

However, today the world has historically established domination of men over women is changing. In industrialized and socially oriented countries, women have almost reached parity with men in matters of their rights and opportunities, taking an active part in social and political life of their countries. However, the situation in Kazakhstan is not allowed to talk about the happy situation in this area.

According to specialists, the Kazakh women form about 40 percent of the country's GDP. Women work in important areas. They make up 73 percent of all teachers, 87 percent of doctors and medical personnel. In general, women make up two-thirds of all public sector employees. Also faster than men women find work in unreported sector. The so- called "self-employed" is represented mainly by women, for whom trade - it is the only source of income and livelihood for the whole family.

Besides, according to a report published in 2011, the Inter-Parliamentary Union, Kazakhstan was ranked 69th in the world in the number of women in parliament. The report is made on the basis of data provided by national parliaments on 31 January 2011, and estimates the number of the female in the upper and lower houses of parliament in 188 countries around the world. [3]

However, despite the international recognition of the merits of Kazakhstan in the field of gender issues, The current situation shows that women are poorly represented in decision- making in government and high-paying jobs in various sectors of the economy. Clear minority of women in power in decision-making, reduces their ability to participate in the creation of a just social society. And despite the fact that a high level of education does not guarantee working women professionals with career development prospects. "Very little to promote women to positions of leadership in the central organs and in the field - men are not allowed, because once it becomes clear that she (the woman) works better than a man. Today the country has no female regional akim and the city, only three of akim, only five deputy akim ", - said Nursultan Nazarbayev at the first congress of women in the country. [4]

The position of women in modern society cannot be attributed to particular problems, even affecting the interests of the better half of humanity. This problem is society as a whole, without exaggeration, a common human problem, which is inextricably intertwined interests and destiny of all people.

 

REFERENCES 

  1. Международные акты о правах человека: Сборник документов. -М.: Издательская группа НОРМА-ИНФРА.М,
  2. Ибраева А.С. - Теория государства и права, Алматы. -Жеты Жаргы, 2006 г.
  3. Статистические данные. http://www.stat.gov.kz/
  4. Первый съезд женщин Казахстана - http://zhensovet.kz/content/1-съезд- женщин-казахстана (5 марта 2011г.).
Magazine: Vestnik Kunaeva
Year: 2014
City: Almaty
Category: Law