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Gender Discrimination in Education: The violation of rights of women ...

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Global Campaign for <strong>Education</strong><br />

8<br />

18. In November 2010 there were hear<strong>in</strong>gs at the CESCR<br />

on sexual and reproductive <strong>rights</strong> and GCE supports<br />

a greater emphasis on the need to address the direct,<br />

<strong>in</strong>direct and structural determ<strong>in</strong>ants that may <strong>in</strong>fluence<br />

the level <strong>of</strong> enjoyment <strong>of</strong> sexual and reproductive<br />

health. <strong>The</strong>se determ<strong>in</strong>ants, which <strong>in</strong>clude <strong>women</strong>’s level<br />

<strong>of</strong> education, relate to the enjoyment <strong>of</strong> all other human<br />

<strong>rights</strong>. As the former UN Special Rapporteur on the right<br />

to education, Vernor Muñoz, has noted, education plays<br />

a key role <strong>in</strong> promot<strong>in</strong>g sexual and reproductive <strong>rights</strong>:<br />

“<strong>The</strong>re is no valid excuse for not provid<strong>in</strong>g people with<br />

the comprehensive sexual education that they need <strong>in</strong><br />

order to lead a dignified and healthy life.”<br />

19. <strong>The</strong> educational system must be adaptable to<br />

students’ different contexts and <strong>in</strong>terests; for girls this<br />

means be<strong>in</strong>g responsive to issues around labour, early<br />

marriage and early pregnancy. <strong>The</strong> aim <strong>of</strong> prevent<strong>in</strong>g<br />

early marriage and pregnancy – <strong>in</strong> which the cont<strong>in</strong>ued<br />

availability <strong>of</strong> school for girls must be a key strategy xiv –<br />

should be accompanied by efforts to ensure that education<br />

is available to girls regardless <strong>of</strong> marital or parental status.<br />

<strong>The</strong> right <strong>of</strong> pregnant girls to an acceptable education<br />

is explicitly recognized <strong>in</strong> the UNCRC, among other<br />

conventions. Yet the disconnection between <strong>in</strong>ternational<br />

law and national law, and between law and practice,<br />

means that many girls are denied access to education as<br />

soon as they become mothers. In Tanzania, for example,<br />

expulsion <strong>of</strong> pregnant girls is implicitly sanctioned by a<br />

2002 regulation (GN295 <strong>of</strong> 2002 Cap. 66), and thousands<br />

<strong>of</strong> girls are forced to drop out <strong>of</strong> school each year due to<br />

pregnancy. Mak<strong>in</strong>g school adaptable to these girls’ needs<br />

<strong>in</strong>volves not only address<strong>in</strong>g these laws and practices,<br />

but also positive action, for <strong>in</strong>stance, to make timetables<br />

and physical <strong>in</strong>frastructure responsive to childcare<br />

responsibilities.<br />

20. Adaptability <strong>of</strong> education must also take <strong>in</strong>to<br />

account multiple discrim<strong>in</strong>ations, or the <strong>in</strong>teraction<br />

<strong>of</strong> gender discrim<strong>in</strong>ation with other forms <strong>of</strong><br />

discrim<strong>in</strong>ation, which can expla<strong>in</strong> how <strong>women</strong> and girls<br />

are <strong>of</strong>ten the most marg<strong>in</strong>alized among marg<strong>in</strong>alized<br />

groups. This <strong>in</strong>cludes sexual identity and preferences,<br />

which must be respected with<strong>in</strong> the school environment.<br />

In 2002, a Chilean secondary school student was expelled<br />

after hav<strong>in</strong>g be<strong>in</strong>g seen on the streets with her girlfriend.<br />

<strong>The</strong> case was taken to the Inter-American Commission<br />

<strong>of</strong> Human Rights. Perhaps the most prevalent form <strong>of</strong><br />

multiple discrim<strong>in</strong>ation is that experienced by poor<br />

<strong>in</strong>digenous and Afro-descendent woman as well as by<br />

poor rural <strong>women</strong>. In Bolivia, Honduras, Tanzania,<br />

Madagascar and many other countries, rich urban boys<br />

will spend more than twice as long <strong>in</strong> education as poor<br />

rural girls xv . In Mali <strong>in</strong> 2006, 17% <strong>of</strong> poor rural girls were<br />

complet<strong>in</strong>g primary education, compared to 68% <strong>of</strong><br />

wealthy urban boys xvi . With the Commission on the Status<br />

<strong>of</strong> Women focus<strong>in</strong>g on rural <strong>women</strong> <strong>in</strong> its current session,<br />

particular attention should be paid to the education <strong>of</strong><br />

rural <strong>women</strong>.<br />

“I’m not happy be<strong>in</strong>g<br />

dur<strong>in</strong>g their

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