View/save PDF version of this document - La Strada International

More documents

Recommendations

Info

· Optional Protocol of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), 1979 (ratified in 2005) · SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002 (signed in 2005) Nepal has not signed or ratified the international instruments below: · United Nations Convention against Transnational Organized Crime, 2000 · Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000 (Palermo Protocol) REGIONAL COMMITMENTS Nepal has undertaken the following regional commitments: · SAARC Bangalore Declaration on Children,1986 (party to the Declaration) · SAARC Colombo Declaration on Children, 1992 (party to the Declaration) · SAARC Convention for Preventing and Combatting Trafficking in Women and Children for Prostitution, 2002 (signed in 2005) 2010 Terre des hommes www.tdh.ch 102
JUDICIAL DECISIONS AND DIRECTIVES, NATIONAL LEGISLATION, REGULATION AND POLICY ANNEX II. SUPREME COURT DECISIONS FWLD vs. HMG/Nepal, Supreme Court, Bulletin 2058 B.S. Vol. 19, p.1. When the discriminatory provision that requires special approval for women seeking foreign employment was challenged in the Supreme court of Nepal, arguing it violates the fundamental right to equality guaranteed by the then Constitution of the Kingdom of Nepal, 1990, the Supreme Court validated the provision on the basis of the constitutional provision which allows the enactment of special laws for the protection of women. Sapana Pradhan Malla for FWLD v. GoN, Writ no. 56/2058 of 2058. In this key case challenging the lower penalty for those who rape a ‘prostitute’, the Supreme Court held that sex work is like any other profession, and that no discrimination could be made on the basis of sex work. Sharmila Prajuli, Shova Shah and others v. GoN, Writ no. 3434 of 2060. As a result of this case, the Supreme Court ordered the government to take “necessary steps” and initiatives to enact appropriate laws relating to sexual harassment. Sapana Pradhan Malla for FWLD v. GoN, Writ no. 3561 of 2063. In its ruling, the Supreme Court upheld the right of privacy as per the Interim Constitution (see below). Pro-public v. GoN, Writ no. 2822 of 2065. In its ruling, the Supreme Court upheld the rights of women to freedom from violence and harassment, as per the Interim Constitution (see below). SUPREME COURT DIRECTIVES Directives to Protect Confidentiality. Based on the writ petition filed by the Forum for Women, Law and Development (Sapana Pradhan Malla for FWLD v. GoN, Writ no. 3561 of 2063), the Supreme Court issued a directive order to enact appropriate laws to protect the confidentiality of women, children and other parties the judicial proceedings of sensitive cases like violence, HIV infection and sexual offences. Directives to Control Sexual Harassment towards Working Women in Work-Places such as Dance Restaurants, Dance Bars, 2065. Following the writ petition filed by Pro-public (Propublic v. GoN, Writ no. 2822 of 2065) and the review of a study report on cabin and dance restaurants and massage parlours facilitated by the Ministry of Women, Children and Social Welfare, the Supreme Court issued a directive order requiring the government to enact a separate and appropriate law for protecting the rights of women working in cabin and dance restaurants and massage parlours. The writ also demanded guidelines to end all kinds of sexual and economic exploitation against women workers. 2010 Terre des hommes www.tdh.ch 103
Page 2 and 3:
Publications of Terre des hommes en
Page 4 and 5:
CONTENTS ACRONYMS 5 PREFACE BY THE
Page 6 and 7:
Terre des hommes Foundation deserve
Page 8 and 9:
Isn’t it too late already The Nep
Page 10 and 11:
One or several acts Human trafficki
Page 12 and 13:
‘sale’ and normally do not adop
Page 14 and 15:
Are boys also victims of traffickin
Page 16 and 17:
A girl in a cabin restaurant in Pok
Page 18 and 19:
clients - who now access sex worker
Page 20 and 21:
How are victims trafficked Girls an
Page 22 and 23:
© Giulio Di Sturco/VII Mentor Prog
Page 24 and 25:
the Shakti Samuha 2008 study, 73% o
Page 26 and 27:
The table below presents the age an
Page 28 and 29:
increasingly engage in personal soc
Page 30 and 31:
©Giulio Di Sturco/VII Mentor Progr
Page 32 and 33:
The maze of alleys south of Sundhar
Page 34 and 35:
usually take place in dohoris, alth
Page 36 and 37:
Guest houses Guest houses, or ‘lo
Page 38 and 39:
Unsupported by husbands Absentee hu
Page 40 and 41:
PROCURING SEX IN THE ENTERTAINMENT
Page 42 and 43:
Nepal’s entertainment and sex ind
Page 44 and 45:
More than two-thirds of restaurant
Page 46 and 47:
‘My own close relatives brought m
Page 48 and 49:
The table below presents the psycho
Page 50 and 51:
girls’ and women’s bodies invit
Page 52 and 53: The threat of arrest gives the poli
Page 54 and 55: A better salary, but not enough One
Page 56 and 57: either from ‘advances’ given to
Page 58 and 59: In regard to the entertainment indu
Page 60 and 61: © Giulio Di Sturco/VII Mentor Prog
Page 62 and 63: is a fantasy. In Thailand and India
Page 64 and 65: sex worker, few are willing to risk
Page 66 and 67: Will a ‘red light area’ fix the
Page 68 and 69: A Protection and Social Welfare Sys
Page 70 and 71: THE STAKEHOLDERS GOVERNMENT Ministr
Page 72 and 73: to minimize trafficking of women, d
Page 74 and 75: Ministry of Labour and Transport Ma
Page 76 and 77: agencies and international organisa
Page 78 and 79: PROGRESS SINCE 2000 Although the en
Page 80 and 81: 2005 National HIV/AIDS Strategy (20
Page 82 and 83: of the writ petition filed by Pro-p
Page 84 and 85: BEYOND REGULATIONS The primary resp
Page 86 and 87: Work Accomplished by the Office of
Page 88 and 89: either be repealed or revised for c
Page 90 and 91: mentions single women: ‘The state
Page 92 and 93: Regulation) Act 2053 to work in res
Page 94 and 95: Policy: The practice of placing “
Page 96 and 97: forms of gender discrimination, pre
Page 98 and 99: WHAT SHOULD BE THE PRIORITY The sit
Page 100 and 101: © Giulio Di Sturco/VII Mentor Prog
Page 104 and 105: LEGISLATION An Act to Amend Some Ne
Page 106 and 107: RESOURCES Organisations or entities
Page 108 and 109: Samrakshak Samuha Nepal. Puja Dhima
Page 110 and 111: 26538, Thapathali, Kathmandu. Tel:
Page 112 and 113: ANTI-TRAFFICKING NETWORKS Alliance
Page 114 and 115: PERSONS INTERVIEWED ANNEX IV. Aarat
Page 116 and 117: BIBLIOGRAPHY ANNEX V. ActionAid Nep
Page 118 and 119: National Centre for AIDS and STD Co
Page 120 and 121: ENDNOTES ANNEX VI. 1 IRIN Web Speci
Page 122 and 123: 23 Generally, it is found that the
Page 124 and 125: Women Workers in Woolen Carpet Indu
Page 126 and 127: 68 The percentage of females under
Page 128 and 129: 100 ActionAid 2004 study. 101 Actio
Page 130 and 131: 130 142 Interviews conducted for th
Page 132: © Giulio Di Sturco/VII Mentor Prog
show all

View/save PDF version of this document - La Strada International

Create successful ePaper yourself

Delete template?

Save as template?