The 1948 Universal Declaration of Human Rights however did not directly link the issue of DV to the notion of human rights. What the 1948 Universal Declaration of Human Rights claimed is that all people have inherent dignity and of equal and inalienable rights; hence implying that women have the disposition that is similar to men, and such disposition implies the former’s right to experience the same degree of protection, privilege and other factors that are vital in living a quality life.
Such attempts on the end of the 1948 Declaration of Human Rights that became the cornerstone in the development of other international laws could be seen on the following provisions. The Article 1 of the Declaration claims that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. The very basic philosophical foundation of the relevance of human life against any other form of life is man’s capacity for reason which is clearly presented in this provision as a characteristic of all human beings.
Hence women possess a capacity for reason that is exactly similar to that of man, and by such, the former must be given the same amount of freedom and dignity. The second Article of the Declaration further strengthens this claim by stating that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty”. This provision clearly states the relevance of the upholding of human rights despite of gender. Such is clear evidence that all sexes are equal on the eyes of the law. Article 7 further makes it clear that all individuals must not be discriminated against the law.
Consequently, Article 8 states the necessity of the establishment of national tribunals wherein conflicts and other criminal cases could be addressed. The Declaration as reflected in Article 16, clearly establishes that women have the right to enter a marriage in their own free will. Hence such means that dowry and other types of fixed marriages although perceived to be a part of custom and culture in some countries is also a violation of women’s rights.
This provision then implies the general notion relevant to the argument that women’s domestic affairs are subjected to the jurisdiction of the human rights realm. The provision stating that women should only marry in accordance with their own decision implies that marriages that are fixed that often times result to violent treatment among men is something that is of utmost concern in terms of protecting the human rights of women and therefore protecting them against domestic violence.
It could be noted that some countries in Asia such as in India, requires women to give dowries to their soon to be husbands. Albeit, whenever the woman gives a dowry that is relatively lower than what is expected on the male’s family, what usually happens is that the woman is often abused or is viewed as someone who is a burden to the man’s family. Article 21 on the other hand emphasizes that all people should have equal access to public service in her country and Article 26 emphasizes the equal rights of all people to education.
As such, these provisions clearly focus on the right of women to education and also protection for all forms of abuses. The perception that women’s education is unnecessary because the latter is perceived to be locked in doing house hold chores is a clear violation. The study of Bates et al. among the women of Bangladesh could be significantly noted. Such revealed that among the 1,200 women who participated on the study, 67% of them claimed that they have experienced domestic violence, and a significant number of 35% admitted that they have experienced it in the past year (i.
e. 1998). More importantly, the study focused on the notion that a woman’s education has a direct effect in terms of lowering the tendencies of DV. The study of Bates et al revealed that women in Bangladesh have a minute or small access with education. In relation with this the author also claimed that the more a woman ages, the more that it will be difficult for her to get married. In addition, the age of the woman is also equated to the high cost of her dowry.
In relation with this is the right of every person to have a free choice of the type of work that she wants to do as stated on Article 23. As such, this provision leans towards the growing concern of the feminization of poverty most especially in developing countries. One of the risk factors of domestic abuse according to CDC is with regard to the notion that women who do not enter the workforce must be submissive to her husband .
Women who are primarily left in the household to do chores and take care of the children are perceived to have a minute contribution within the family; as such the perceived head of the family which in this case is the male bread winner possesses all the power in the relationship. Article 25 clearly caters on the upholding on the rights of women as it emphasizes that all people has the right to a way of life that is adequate not only for him or her but also to his or her entire family. Motherhood and childhood should be supported by the government by assuring that they have special care and assistance.
More specifically, those children who were born out of marriage should be given the privileges and protection of the government. This provision protects not only women but also their children against DV. The claim that this concern must be under the jurisdiction of the government is an indication that women must be protected against all kinds of abuses including to that of within their own households. Women who do not have any capabilities to help themselves most especially if they are having children must also be sheltered by the government.