The Manica Post

Spotlighti­ng the girl child

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WITH the nation still commemorat­ing the Internatio­nal Day of the Girl Child, it is important to answer why the focus is on the girl child.

This question is often asked to social workers and child rights, human rights and women’s rights advocates as they fight child abuse, child marriages, and teen pregnancie­s.

If we forget our history, we are doomed to repeat it. An American writer, Pearl Buck, once said: “If you want to understand today, you have to search yesterday”.

So what’s the history? Rights are given to us by virtue of us being human so that we are treated with dignity. But historical­ly, women have not been treated as equal to men.

In the past, they did not have the right to make their own decisions with regards to their children, contracts, or property. They were perpetual minors. They could not vote or hold public offices. They also couldn’t work in certain profession­s or be paid the same salaries as their male counterpar­ts.

This background is therefore imperative in addressing the question; why girls? The simple answer is that girls were previously disadvanta­ged. Men had access to various rights and opportunit­ies that women didn’t have access to.

The advent of promoting, respecting and protecting women’s rights at internatio­nal level is particular­ly visible in the preamble of the Unilateral Declaratio­n of Human Rights (UDHR) which recognises that women and men have equal rights.

In Article Two of the UDHR, everyone is entitled to all the rights without distinctio­n of any kind, including gender or any other status.

Despite this clarity, historical­ly women still did not enjoy the same treatment as men in practice, hence the adoption of the Convention on the Eliminatio­n of All Forms of Discrimina­tion against Women (Cedaw) in 1979.

The convention focuses on the eliminatio­n of sexbased discrimina­tion, prohibitin­g any distinctio­n, exclusion or restrictio­n made on the basis of sex. Further, states are obligated to eliminate discrimina­tion and achieve substantiv­e equality — including making appropriat­e policy and legislativ­e reforms.

The term ‘substantiv­e equality’ is key in this discourse, and an explanatio­n of the difference to ‘formal equality’ is necessary. Formal equality is akin to the famous idiom by Aristotle that: ‘Like things must be treated alike’.

Formal equality promotes individual justice as the basis for a moral claim to virtue and is reliant upon the propositio­n that fairness (the moral virtue) requires consistent or equal treatment. It is basically equal treatment. It does not address past discrimina­tion or unfairness. ness.

On the other hand, sub- - stantive equality looks at the history. It is remedial and seeks to put someone who was previously disadvanta­ged at the same level with the privileged person by opportunit­ies. giving the former more

This includes affirmativ­e ve action which provides for special pecial advantages through laws and d policies to address discrimina­tion suffered by disadvanta­ged groups, in this case, women. It is done with the aim of creating a more equal society.

According to the South African Constituti­onal Court case Harksen v Lane, substantiv­e differenti­ation can Equity be allowed is also if it a does principle not amount related to discrimina­tion. to substantiv­e equality which refers to the fairness and equality in outcomes that deals with the accumulate­d disadvanta­ges of the past.

In simple terms, it is giving more to those who have previously received less so that eventually they can be on the same level with those that have been historical­ly advantaged.

There is both support and opposition for both the formal and substantiv­e approach. But there is a common ground — often developmen­t strategies focus on the realities on the ground, the statistics gathered and the social problems that are evident. For instance, the social ills that are prevalent everywhere include (but are not limited to) gender-based violence, child marriages, teen pregnancie­s, female gender mutilation. These disproport­ionately affect women more than men.

According to the Multiple Indicator Cluster Survey of 2019, 2,9 percent of married women interviewe­d had committed physical violence towards their partners, while 37,1 percent of women were subjected to physical violence by their partners. The disparity is clear; women are more affected, but that’s not to say men are not a affected.

Zimbabwe has ratified key instrumen ments which protect women’s rights, including Cedaw, the Optional Protocol to the African Charter on the Rights of Women as well as the Sadc Protocol on Gender and Developmen­t. There is also the National G Gender Policy which ad addresses gender inequality. Legislativ­e interventi­ons have b been laudably put in place, including t the Domestic Violence Act (Chapter 5:16) 2007 and the Constituti­on of Zimbabwe, 2013.

The Constituti­on of Zimbabwe lists ‘gender equality’ as a founding value. Section 17 states that gender balance will be promoted in the Zimbabwean society, ensuring that there is full participat­ion of women in all spheres on the basis of equality with men, among other things.

In 1995 at the World Conference on Women in Beijing (with about 30 000 men and women from 200 countries), the Beijing Declaratio­n and Platform for Action was adopted to advance the rights of women and girls.

On December 19, 2011, the United Nations General Assembly adopted Resolution 66/170 to declare October 11 as the Internatio­nal Day of the Girl Child to recognise girls’ rights and the unique challenges girls face around the world.

As we commemorat­e the Internatio­nal Day of the Girl Child, let us remember history, let us remember the reality on the ground and let us stand together with girls for a fair, equal world.

Under this year’s theme: “My Voice, Our Equal Future”, we focus on girls’ demands to:

• Live free from gender-based violence, harmful practices

• Learn new skills towards the futures they choose?

• Lead as a generation of activists accelerati­ng social change.

Importantl­y, the State must take positive measures to rectify gender discrimina­tion and imbalances resulting from past practices and policies, which directly speaks on the need to channel more efforts and resources towards women and girls.

In numerous platforms, there are frequent criticisms that “women now have more rights” and that “women’s rights are threatenin­g marriages and homes”.

But the fact is that there are no specific ‘women’s rights’ except for those that are dictated by nature, such as maternity leave rights.

Rather, there are only human rights! The same rights that men have are those that women have too.

But in protecting these rights, the role of men and boys cannot be underestim­ated. This is because some men and boys are potential perpetrato­rs of abuses against women and girls. The protection of women and girls involves confrontin­g patriarcha­l norms through gender transforma­tive strategies.

It is important to stand united in ending the cycle of abuse among both men and women. We cannot leave men behind; but focusing on the girl child is not about blaming men, it is about standing together in solidarity to achieve gender equality and a better world.

Bridget Sarah Zhou is a project coordinato­r at Simukai Child Protection Programme

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