Harmful Traditional Practices – Women & Children – UN Fact Sheet
Author: Womens UN Report Network
Date: February 12, 2006
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Fact Sheet No.23,
Harmful Traditional Practices Affecting
the Health of Women and
Children
(About Fact
Sheets)
States Parties
shall take all appropriate measures … to modify the social and cultural
patterns of conduct
of men and
women, with a view to achieving the elimination ofprejudices and customary and
all other
practices which are based on the idea of the inferiority or
the superiority of either of
the sexes or on
stereotyped roles for men and women.
CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (art. 5
(a)),
adopted by General Assembly resolution 34/180 of 18 December
1979.
-
Contents:
- Introduction
-
I.
An appraisal of harmful
traditional practices and their effects on women and the girld
child -
II. Review of action and
activities by United Nations organs and agencies, Governments and
NGOs -
Conclusions
-
Annex:
– Plan of Action for the
Elimination of Harmful Traditional Practices Affecting the Health of Women and
Children
– Select
Bibliography
Introduction
The Charter of the
United Nations includes among its basic principles the achievement of
international cooperation in promoting and encouraging respect for human rights
and fundamental freedoms for all without distinction as to race, sex, language
or religion (Art. 1, para. 3).
In 1948, three
years after the adoption of the Charter, the General Assembly adopted the
Universal Declaration of Human Rights,(1) which has
served as guiding principles on human rights and fundamental freedoms in the
constitutions and laws of many of the Member States of the United Nations. The
Universal Declaration prohibits all forms of discrimination based on sex and
ensures the right to life, liberty and security of person; it recognizes
equality before the law and equal protection against any discrimination in
violation of the Declaration.
Many international
legal instruments on human rights further reinforce individual rights, and also
protect-and prohibit discrimination against-specific groups, in particular
women. The Convention on the Elimination of All Forms of Discrimination against
Women, for example, had been ratified by 136 States as of January 1995. The
Convention obliges States parties, in general, to “pursue by all appropriate
means and without delay a policy of eliminating discrimination against women”
(art. 2). It reaffirms the equality of human rights for women and men in society
and in the family; it obliges States parties to take action against the social
causes of women’s inequality; and it calls for the elimination of laws,
stereotypes, practices and prejudices that impair women’s well-being.
Traditional
cultural practices reflect values and beliefs held by members of a community for
periods often spanning generations. Every social grouping in the world has
specific traditional cultural practices and beliefs, some of which are
beneficial to all members, while others are harmful to a specific group, such as
women. These harmful traditional practices include female genital mutilation
(FGM); forced feeding of women; early marriage; the various taboos or practices
which prevent women from controlling their own fertility; nutritional taboos and
traditional birth practices; son preference and its implications for the status
of the girl child; female infanticide; early pregnancy; and dowry price. Despite
their harmful nature and their violation of international human rights laws,
such practices persist because they are not questioned and take on an aura of
morality in the eyes of those practising them.
The international
community has become aware of the need to achieve equality between the sexes and
of the fact that an equitable society cannot be attained if fundamental human
rights of half of human society, i.e. women, continue to be denied and violated.
However, the bleak reality is that the harmful traditional practices focused on
in this Fact Sheet have been performed for male benefit. Female sexual control
by men, and the economic and political subordination of women, perpetuate the
inferior status of women and inhibit structural and attitudinal changes
necessary to eliminate gender inequality.
As early as the
1950s, United Nations specialized agencies and human rights bodies began
considering the question of harmful traditional practices affecting the health
of women, in particular female genital mutilation. But these issues have not
received consistent broader consideration, and action to bring about any
substantial change has been slow or superficial.
A number of reasons
are given for the persistence of traditional practices detrimental to the health
and status of women, including the fact that, in the past, neither the
Governments concerned nor the international community challenged the sinister
implications of such practices, which violate the rights to health, life,
dignity and personal integrity. The international community remained wary about
treating these issues as a deserving subject for international and national
scrutiny and action. Harmful practices such as female genital mutilation were
considered sensitive cultural issues falling within the spheres of women and the
family. For a long time, Governments and the international community had not
expressed sympathy and understanding for women who, due to ignorance or
unawareness of their rights, endured pain, suffering and even death inflicted on
themselves and their female children.
Despite the
apparent slowness of action to challenge and eliminate harmful traditional
practices, the activities of human rights bodies in this field have, in recent
years, resulted in noticeable progress. Traditional practices have become a
recognized issue concerning the status and human rights of women and female
children. The slogan “Women’s Rights are Human Rights”, adopted at the World
Conference on Human Rights in Vienna in 1993, as well as the Declaration on the
Elimination of Violence against Women, adopted by the General Assembly the same
year, captured the reality of the status accorded to women. These issues have
been further emphasized in the reports of the Special Rapporteur on harmful
traditional practices, Mrs. Halima Embarek Warzazi, appointed in 1988, and in
the draft Platform for Action for the Fourth World Conference on Women, to be
held in September 1995.
The Special
Rapporteur on violence against women, its causes and consequences, Ms. Radhika
Coomaraswamy, appointed by the Commission on Human Rights in 1994, has also
examined all forms of traditional practices referred to in this Fact Sheet, as
well as other practices, including virginity tests, foot binding, female
infanticide and dowry deaths, all of which violate female dignity. In her
preliminary report, the Special Rapporteur pointed out that
blind adherence to
these practices and State inaction with regard to these customs and traditions
have made possible large-scale violence against women. States are enacting new
laws and regulations with regard to the development of a modern economy and
modern technology and to developing practices which suit a modern democracy, yet
it seems that in the area of women’s rights change is slow to be accepted.
(E/CN.4/1995/42, para. 67.)
The harmful
traditional practices identified in this Fact Sheet are categorized as separate
issues; however, they are all consequences of the value placed on women and the
girl child by society. They persist in an environment where women and the girl
child have unequal access to education, wealth, health and employment.
In part I, the Fact
Sheet identifies and analyses the background to harmful traditional practices,
their causes, and their consequences for the health of women and the girl child.
Part II reviews the action taken by United Nations organs and agencies,
Governments and organizations (NGOs). The Conclusions highlight the drawbacks in
the implementation of the practical steps identified by the United Nations, NGOs
and women’s organizations.
I. An appraisal of harmful traditional practices and
their effects on women and the girl child
A. Female
genital mutilation(2)
Female genital
mutilation (FGM), or female circumcision as it is sometimes erroneously referred
to, involves surgical removal of parts or all of the most sensitive female
genital organs. It is an age-old practice which is perpetuated in many
communities around the world simply because it is customary. FGM forms an
important part of the rites of passage ceremony for some communities, marking
the coming of age of the female child. It is believed that, by mutilating the
female’s genital organs, her sexuality will be controlled; but above all it is
to ensure a woman’s virginity before marriage and chastity thereafter. In fact,
FGM imposes on women and the girl child a catalogue of health complications and
untold psychological problems. The practice of FGM violates, among other
international human rights laws, the right of the child to the “enjoyment of the
highest attainable standard of health”, as laid down in article 24 (paras. 1 and
3) of the Convention on the Rights of the Child.
The origin of FGM
has not yet been established, but records show that the practice predates
Christianity and Islam in practising communities of today. In ancient Rome,
metal rings were passed through the labia minora of slaves to prevent
procreation; in medieval England, metal chastity belts were worn by women to
prevent promiscuity during their husbands’ absence; evidence from mummified
bodies reveals that, in ancient Egypt, both excision and infibulation were
performed, hence Pharaonic circumcision; in tsarist Russia, as well as
nineteenth-century England, France and America, records indicate the practice of
clitoridectomy. In England and America, FGM was performed on women as a “cure”
for numerous psychological ailments.
The age at which
mutilation is carried out varies from area to area. FGM is performed on infants
as young as a few days old, on children from 7 to 10 years old, and on
adolescents. Adult women also undergo the operation at the time of marriage.
Since FGM is performed on infants as well as adults, it can no longer be seen as
marking the rites of passage into adulthood, or as ensuring virginity.
Among the types of
surgical operation on the female genital organs listed below, there are many
variations, performed throughout Africa, Asia, the Middle East, the Arabian
Peninsula, Australia and Latin America.
Types of
surgical forms
(a)
Circumcision or Sunna (“traditional”) circumcision: This involves the removal of
the prepuce and the tip of the clitoris. This is the only operation which,
medically, can be likened to male circumcision.
(b) Excision
or clitoridectomy: This involves the removal of the clitoris, and often also the
labia minora. It is the most common operation and is practised throughout
Africa, Asia, the Middle East and the Arabian Peninsula.
(c)
Infibulation or Pharaonic circumcision: This is the most severe operation,
involving excision plus the removal of the labia majora and the sealing of the
two sides, through stitching or natural fusion of scar tissue. What is left is a
very smooth surface, and a small opening to permit urination and the passing of
menstrual blood. This artificial opening is sometimes no larger than the head of
a match.
Another form of
mutilation which has been reported is introcision, practised specifically by the
Pitta-Patta aborigines of Australia. When a girl reaches puberty, the whole
tribe-both sexes-assembles. The operator, an elderly man, enlarges the vaginal
orifice by tearing it downward with three fingers bound with opossum string. In
other districts, the perineum is split with a stone knife. This is usually
followed by compulsory sexual intercourse with a number of young men.
It is reported that
introcision has been practised in eastern Mexico and in Brazil. In Peru, in
particular among the Conibos, a division of the Pano Indians in the north-east,
an operation is performed in which, as soon as a girl reaches maturity, she is
intoxicated and subjected to mutilation in front of her community. The operation
is performed by an elderly woman, using a bamboo knife. She cuts around the
hymen from the vaginal entrance and severs the hymen from the labia, at the same
time exposing the clitoris. Medicinal herbs are applied, followed by the
insertion into the vagina of a slightly moistened penis-shaped object made of
clay.
Like all other
harmful traditional practices, FGM is performed by women, with a few exceptions
(in Egypt, men are known to perform the operation). In most rural settings
throughout Africa, the operation is accompanied with celebrations and often
takes place away from the community at a special hidden place. The operation is
carried out by women (excisors) who have acquired their “skills” from their
mothers or other female relatives; they are often also the community’s
traditional birth attendants.
The type of
operation to be performed is decided by the girl’s mother or grandmother
beforehand and payment is made to the excisor before, during and after the
operation, to ensure the best service. This payment, partly in kind and partly
in cash, is a vital source of livelihood for the excisors.
The conditions
under which these operations take place are often unhygienic and the instruments
used are crude and unsterilized. A kitchen knife, a razor-blade, a piece of
glass or even a sharp fingernail are the tools of the trade. These instruments
are used repeatedly on numerous girls, thus increasing the risk of
blood-transmitted diseases, including HIV/AIDS.
The operation takes
between 10 and 20 minutes, depending on its nature; in most cases, anaesthetic
is not administered. The child is held down by three or four women while the
operation is done. The wound is then treated by applying mixtures of local
herbs, earth, cow-dung, ash or butter, depending on the skills of the excisor.
If infibulation is performed, the child’s legs are bound together to impair
mobility for up to 40 days. If the child dies from complications, the excisor is
not held responsible; rather, the death is attributed to evil spirits or fate.
Throughout South-East Asia and urban African communities, FGM is becoming
increasingly medicalized.
FGM is known to be
practised in at least 25 countries in Africa. Infibulation is practised in
Djibouti, Egypt, some parts of Ethiopia, Mali, Somalia and the northern part of
the Sudan. Excision and circumcision occur in parts of Benin, Burkina Faso,
Cameroon, the Central African Republic, Chad, Côte d’Ivoire, the Gambia, the
northern part of Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mauritania,
Nigeria, Senegal, Sierra Leone, Togo, Uganda and parts of the United Republic of
Tanzania.
Outside Africa, a
certain form of female genital mutilation exists in Indonesia, Malaysia and
Yemen. Recent information has revealed that the practice also exists in some
European countries and Australia among immigrant communities.
FGM is a custom or
tradition synthesized over time from various values, especially religious and
cultural values. The reasons for maintaining the practice include religion,
custom, decreasing the sexual desire of women, hygiene, aesthetics, facility of
sexual relations, fertility, etc. In general, it can be said that those who
preserve the practice are largely women who live in traditional societies in
rural areas. Most of these women follow tradition passively.
In the countries
where the practice exists, most women believe that, as good Muslims, for
example, they have to undergo the operation. In order to be clean and proper,
fit for marriage, female circumcision is a precondition. Among the Bambara in
Mali, it is believed that, if the clitoris touches the head of a baby being
born, the child will die. The clitoris is seen as the male characteristic of the
woman; in order to enhance her femininity, this male part of her has to be
removed. Among women in Djibouti, Ethiopia, Somalia and the Sudan, circumcision
is performed to reduce sexual desire and also to maintain virginity until
marriage. A circumcised woman is considered to be clean.
Establishing
identity and belongingness is another reason advanced for the perpetuation of
the practice. For example, in Liberia and Sierra Leone, groups of girls of 12
and 13 of the indigenous population undergo an initiation rite, conducted by an
older woman “Sowie”. This involves education on how to be a good wife or
co-wife, the use of herbal medicine and the “secrets” of female society. It also
involves the ritual of circumcision.
Health and
psychological implications
The effects of
female genital mutilation have short-term and long-term implications.
Haemorrhage, infection and acute pain are the immediate consequences. Keloid
formation, infertility as a result of infection, obstructed labour and
psychological complications are identified as later effects. In rural areas
where untrained traditional birth attendants perform the operations,
complications resulting from deep cuts and infected instruments can cause the
death of the child.
Most physical
complications result from infibulation, although cataclysmic haemorrhage can
occur during circumcision with the removal of the clitoris; accidental cuts to
other organs can also lead to heavy loss of blood. Acute infections are
commonplace when operations are carried out in unhygienic surroundings and with
unsterilized instruments. The application of traditional medicine can also lead
to infection, resulting in tetanus and general septicaemia. Chronic infection
can also lead to infertility and anaemia.
Haematocolpos, or
the inability to pass menstrual blood (because the remaining opening is often
too small), can lead to infection of other organs and also infertility.
Obstetric
complications are the most frequent health problem, resulting from vicious scars
in the clitoral zone after excision. These scars open during childbirth and
cause the anterior perineum to tear, leading to haemorrhaging that is often
difficult to stop. Infibulated women have to be opened, or deinfibulated, on
delivery of their child and it is common for them to be reinfibulated after each
delivery.
There has been
little research in the area of the psychological implications of FGM, but
evidence indicates that most children experience recurring nightmares.
In her recent book,
Cutting the Rose-Female Genital Mutilation: The Practice and its
Prevention,(3) Efua
Dorkenoo reports that some evidence of psychological effects is emerging among
the large immigrant communities now living in Europe, the Americas, Australia
and New Zealand. Teenagers, in particular, are having to live in two very
different cultures, where different values prevail. At school they move within
the very liberal setting of the Western culture; at home they have to conform to
values held by their parents. Some of these values often conflict. For some
teenagers this is proving to be problematic. Girls who have been genitally
mutilated have to come to terms with the fact that they are not like their
classmates. Mood swings and irritability, a constant state of depression, and
anxiety have all been noted among infibulated girls. A small number, upon
reaching the age of consent, are being deinfibulated without their parents’
knowledge and engaging in premarital relationships, thus validating the
reasoning behind their parents’ wishes to have the operation performed.
There are also
reports of psychological and health problems suffered by women seeking medical
assistance in Western medical,,facilities due to lack of knowledge regarding
genital mutilation. Excised and infibulated women have special needs which have
been ignored or dealt with on a trial-and-error basis. In Western countries,
severe forms of FGM present challenges to midwives and obstetricians in
providing antenatal and post-natal care. For example, professionals need
training to know how to deliver infibulated women. The provision of health care
for women and girls who have been genitally mutilated should be appropriate and
sensitive to their needs. Health promotion work through women’s health services
can develop appropriate information materials and actively contribute to
outreach work and awareness raising.
B. Son
preference and its implications for the status of the girl child
One of the
principal forms of discrimination and one which has far-reaching implications
for women is the preference accorded to the boy child over the girl child. This
practice denies the girl child good health, education, recreation, economic
opportunity and the right to choose her partner, violating her rights under
articles 2, 6, 12, 19, 24, 27 and 28 of the Convention on the Rights of the
Child.
Son preference
refers to a whole range of values and attitudes which are manifested in many
different practices, the common feature of which is a preference for the male
child, often with concomitant daughter neglect. It may mean that a female child
is disadvantaged from birth; it may determine the quality and quantity of
parental care and the extent of investment in her development; and it may lead
to acute discrimination, particularly in settings where resources are scarce.
Although neglect is the rule, in extreme cases son preference may lead to
selective abortion or female infanticide.
In many societies,
the family lineage is carried on by male children. The preservation of the
family name is guaranteed through the son(s). Except in a few countries (e.g.
Ethiopia), a girl takes her husband’s family name, dropping that of her own
parents. The fear of losing a name prompts families to wish to have a son. Some
men marry a second or a third wife to be sure of having a male child. Among many
communities in Asia and Africa, sons perform burial rites for parents. Parents
with no male child do not expect to have an appropriate burial to “secure their
peace in the next world”. In almost all religions, ceremonies are performed by
men. Priests, pastors, sheikhs and other religious leaders are men of great
status to whom society attaches great importance, and this important role for
men obliges parents to wish for a male child. Religious leaders have a major
involvement in the perpetuation of son preference.
Son preference is
universal and not unique to developing countries or rural areas. It is a
practice enshrined in the value systems of most societies. It thus dictates the
value judgements, expectations and behaviour of family members.
Son preference is a
transcultural phenomenon, more marked in Asian societies and historically rooted
in the patriarchal system. In certain countries in the Asian region, the
phenomenon is less prevalent than in others. Son preference is stronger in
countries where patriarchy and patriliny are more firmly rooted. Tribal
societies, which are matrilineal societies, tended to be more gender egalitarian
until the advent of settled agriculture.
In almost all
regions, the practice is rooted in culture and the economics of son preference,
these factors playing a major role in the low valuation and neglect of female
children. The practice of son preference emerged with the shift from subsistence
agriculture, which was primarily controlled by women, to settled agriculture,
which is primarily controlled by men. In the patrilineal landowning communities
with settled agriculture which are prevalent in the Asian region, the economic
obligations of sons towards parents are greater. The son is considered to be the
family pillar, who ensures continuity and protection of the family property.
Sons provide the workforce and have to bring in a bride-“an extra pair of
hands”. Sons are the source of family income and have to provide for parents in
their old age. They are also the interpreters of religious teachings and the
performers of rituals, especially on the death of parents, which include feeding
a large number of people, sometimes several villages. As soldiers, sons protect
the community and hold political power.
Son preference in
the Asian region manifests itself either covertly or overtly. The birth of a son
is welcomed with celebration as an asset, whereas that of a girl is seen as a
liability, an impending economic drain. According to an Asian proverb, “bringing
up girls is like watering the neighbour’s garden”.
Psychological
and health consequences
The psychological
effect of son preference on women and the girl child is the internalization of
the low value accorded them by society. Scientific evidence of the deleterious
effect of son preference on the health of female children is scarce, but
abnormal sex ratios in infant and young child mortality rates, in nutritional
status indicators and even in population figures show that discriminatory
practices are widespread and have serious repercussions. Geographically, there
is often a close correspondence between the areas of strong son preference and
of health disadvantage for females.
The areas most
affected by the problem seem to be South Asia (Bangladesh, India, Nepal,
Pakistan), the Middle East (Algeria, Egypt, Jordan, the Libyan Arab Jamahiriya,
Morocco, the Syrian Arab Republic, Tunisia, Turkey) and parts of Africa
(Cameroon, Liberia, Madagascar, Senegal). In Latin America, there is evidence of
abnormal sex ratios in mortality figures in Ecuador, Mexico, Peru and
Uruguay.
Discrimination in
the feeding and care of female infants and/or higher rates of morbidity and
malnutrition have been reported in most of the countries already listed and also
in Bolivia, Colombia, the Islamic Republic of Iran, Nigeria, the Philippines and
Saudi Arabia. More than two thirds of the world’s population live in countries
where registration of death does not occur and many more live in countries where
death rates are not published by sex. Moreover, discrimination against girls has
to be extreme to emerge in mortality rates. For every growing girls who dies,
there are many whose health and potential for growth and development are
permanently impaired. Countless reports the world over have demonstrated that,
in societies where son preference is practised, the health of the female child
is adversely affected.
In some communities
in the Asian region where son preference is highly marked, efforts to
differentiate a female child from a male child through various socio-economic
norms and practices start as early as the foetal stage and continue throughout
the entire life cycle. In these communities, amniocentesis tests and sonography
for sex determination have resulted in the abortion of female foetuses. The
introduction and expansion of scientific methods of sex detection have led to a
revival of female foeticide and infanticide.
Education
Access to education
by itself is not enough to eliminate values held by society, for such values are
in most countries transmitted into educational curricula and textbooks. Women
are thus still depicted as passive and domestically oriented, while men are
depicted as dominant and as breadwinners.
Education does,
however, offer the female child an improved opportunity to be less dependent on
men in later life. It increases her prospects of obtaining work outside the
home. As laid down in articles 28 and 29 of the Convention on the Rights of the
Child, all children have the right to education, and the content of such
education should be directed to the development of the child’s personality,
talents and mental and physical abilities to their fullest potential.
According to the
United Nations Children’s Fund (UNICEF), the expansion of educational
opportunities over the past several decades has clearly affected girls, although
this has not been a result of deliberate policy to reduce gender disparities in
educational access. Girls’ education, measured by gross primary school enrolment
ratios, has improved substantially in the Middle East and North Africa region,
for example. Nevertheless, in 1990, the region still had 44 million illiterate
mothers, a large and increasing backlog left over from times of lower enrolment
levels. Differences in primary school enrolment levels for boys and girls and
competition between them are still very significant in a number of countries. In
countries where overall enrolment is much lower than desired, girls are
particularly disadvantaged.
Although in many
countries school drop-out rates are steadily falling, they continue to be higher
among girls than among boys. The reasons for the high drop-out rate among girls
are poverty, early marriage, helping parents with housework and agricultural
work, the distance of schools from homes, the high costs of schooling, parents’
illiteracy and indifference, and the lack of a positive educational climate.
Girls begin school very late and withdraw with the onset of puberty. Parents do
not see the benefits of girls’ education because girls are given away in
marriage to serve the husband’s family. Sons are given priority. In certain
countries, enrolment rates for girls have actually declined despite attempts to
increase them.
Recreation and
work opportunities
According to
article 31, paragraph 1, of the Convention on the Rights of the Child, States
parties “recognize the right of the child to rest and leisure, to engage in play
and recreational activities”. However, from an early age, girls from rural and
poor urban homes are burdened with domestic tasks and child care, which leaves
them no time to play. Studies have shown that recreation plays a vital part in a
child’s emotional and mental development. When time for play is found by girls,
it often takes place near the home. Young boys, however, have fewer demands made
of them and are allowed to engage in activities outside the home. The status of
girls is linked to that of women and their exploitation. A woman’s work never
ends, especially in rural areas and in poor urban households.
The Convention on
the Elimination of All Forms of Discrimination against Women calls for the
elimination of discrimination against women in the field of employment, “in
order to ensure, on a basis of equality of men and women, the same rights” (art.
11, para. 1). It also calls upon States to ensure that women in rural areas have
access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform (art. 14, para. 2
(g)). Evidence indicates, however, that as girls grow older they
face discriminatory treatment in gaining access to economic opportunities. Major
inequalities persist in employment, access to credit, inheritance rights,
marriage laws and other socio-economic dispensations. Compared with men, women
have fewer opportunities for paid employment and less access to skill training
that would make such employment possible. Women are usually restricted to
low-paid and casual jobs, or to informal activities.
Landlessness has
increased among women, and the number of women cultivators has declined in some
regions, partly due to increased mechanization of agriculture. An increasing
number of women in most developing countries are occupied in the informal,
invisible sectors where national social and labour legislation on maternity
benefits, equal wages and crèche facilities does not apply.
C. Female
infanticide
Sex bias or son
preference places the female child in a disadvantageous position from birth. In
some communities, however, particularly in Asia, the practice of infanticide
ensures that some female children have no life at all, violating the basic right
to life laid down in article 6 of the Convention on the Rights of the Child.
Selective abortion, foeticide and infanticide all occur because the female child
is not valued by her culture, or because certain economic and legislative acts
have ruled her life worthless.
In India, for
example, infanticide was formally legislated against during British rule, after
centuries of practice in some communities. However, recent reports have shown
that there is a revival.
In certain parts of
India and Pakistan, women are still considered unnecessary evils. In the past,
when victorious armies took their revenge on defeated communities, women were
raped as part of the spoils of war. Subsequently, these communities resorted to
killing their daughters at birth or when the enemy was advancing, to spare the
female population and community from shame.
Modern techniques
such as amniocentesis and ultrasound tests have given women greater power to
detect the sex of their babies in time to abort. Illegal abortion, particularly
of female foetuses, either self-inflicted or performed by unskilled birth
attendants, under poor sanitary conditions has led to increased maternal
mortality, particularly in South and South-East Asia.
Female foeticide is
an emerging problem in some parts of India, and the Government has introduced a
bill in Parliament to ban the use of amniocentesis for sex-determination
purposes. Such misuse of amniocentesis is also prohibited in the States of
Maharashtra, Punjab, Rajasthan and Haryana, where the problem is more
prevalent.
D. Early
marriage and dowry
Early marriage is
another serious problem which some girls, as opposed to boys, must face. The
practice of giving away girls for marriage at the age of 11, 12 or 13, after
which they must start producing children, is prevalent among certain ethnic
groups in Asia and Africa. The principal reasons for this practice are the
girls’ virginity and the bride-price. Young girls are less likely to have had
sexual contact and thus are believed to be virgins upon marriage; this condition
raises the family status as well as the dowry to be paid by the husband. In some
cases, virginity is verified by female relatives before the marriage.
Child marriage robs
a girl of her childhood-time necessary to develop physically, emotionally and
psychologically. In fact, early marriage inflicts great emotional stress as the
young woman is removed from her parents’ home to that of her husband and
in-laws. Her husband, who will invariably be many years her senior, will have
little in common with a young teenager. It is with this strange man that she has
to develop an intimate emotional and physical relationship. She is obliged to
have intercourse, although physically she might not be fully developed.
Girls from
communities where early marriages occur are also victims of son preferential
treatment and will probably be malnourished, and consequently have stunted
physical growth.
Neglect of and
discrimination against daughters, particularly in societies with strong son
preference, also contribute to early marriage of girls. It has been generally
recognized at United Nations seminars on traditional practices affecting women
and children, and on the basis of research, that early marriage devalues women
in some societies and that the practice continues as a result of son preference.
In some countries, girls as young as a few months old are promised to male
suitors for marriage. Girls are fattened up, groomed, adorned with jewels and
kept in seclusion to make them attractive so that they can be married off to the
highest bidder.
Health
complications that result from early marriage in the Middle East and North
Africa, for example, include the risk of operative delivery, low weight and
malnutrition resulting from frequent pregnancies and lactation in the period of
life when the young mothers are themselves still growing.
Another economic
reason which perpetuates the practice of female genital mutilation is related to
dowries.
The dowry price of
a woman is her exchange value in cash, kind or any other agreed form, such as a
period of employment. This value is determined by the family of the bride-to-be
and her future in-laws. Both families must gain from the exchange. The woman’s
in-laws want an extra pair of hands and children; her family desire payment
which will provide greater security for other relatives. The dowry price will be
higher if the woman’s virginity has been preserved, notably through genital
mutilation.
In certain
communities in South Asia, the low status of girls has to be compensated for by
the payment of a dowry by the parents of the girl to the husband at the time of
marriage. This has resulted in a number of dowry crimes, including mental and
physical torture, starvation, rape, and even the burning alive of women by their
husbands and/or in-laws in cases where dowry payments are not met.
It should be noted
that the Committee on the Rights of the Child, in a number of recommendations in
the light of article 2 of the Convention on the Rights of the Child, has called
upon States to recognize the principle of equality before the law and forbid
gender discrimination, including the adoption of legislation prohibiting harmful
traditional practices such as genital mutilation, forced and early marriage of
girl children, early pregnancy and related prejudicial health practices.
The work of the
Committee has also permitted the identification of certain areas where law
reform should be undertaken, in both civil and penal areas, such as the minimum
age for marriage and establishment of the age of criminal responsibility as
being the attainment of puberty. Some States have argued that girls attain their
physical maturity earlier, but it is the view of the Committee that maturity
cannot simply be identified with physical development when social and mental
development are lacking and that, on the basis of such criteria, girls are
considered adults before the law upon marriage, thus being deprived of the
comprehensive protection ensured by the Convention on the Rights of the Child.
The International Conference on Population and Development, held at Cairo in
September 1994 (see p. 36 below), encouraged Governments to raise the minimum
age for marriage. In her preliminary report to the Commission on Human Rights,
the Special Rapporteur on violence against women, its causes and consequences,
Ms. Radhika Coomaraswamy, also recognized that the age of marriage was a factor
contributing to the violation of women’s rights (E/CN.4/1995/42, para.
165).
E. Early
pregnancy, nutritional taboos and practices related to child delivery
Early pregnancy can
have harmful consequences for both young mothers and their babies. According to
UNICEF, no girl should become pregnant before the age of 18 because she is not
yet physically ready to bear children. Babies of mothers younger than 18 tend to
be born premature and have low body weight; such babies are more likely to die
in the first year of life. The risk to the young mother’s own health is also
greater. Poor health is common among indigent pregnant and lactating
women.
In many parts of
the developing world, especially in rural areas, girls marry shortly after
puberty and are expected to start having children immediately. Although the
situation has improved since the early 1980s, in many areas the majority of
girls under 20 years of age are already married and having children. Although
many countries have raised the legal age for marriage, this has had little
impact on traditional societies where marriage and child-bearing confer “status”
on a woman.
Those who start
having children early generally have more children, at shorter intervals, than
those who embark on parenthood later. Fertility rates have been falling over the
past decade, but they remain very high in Africa, parts of Latin America and
Asia. Once again, the link between delayed child-bearing and education is
crucial.
An additional
health risk to young mothers is obstructed labour, which occurs when the baby’s
head is too big for the orifice of the mother. This provokes vesicovaginal
fistulas, especially when an untrained traditional birth attendant forces the
baby’s head out unduly.
Generally
throughout the developing world, the average food intake of pregnant and
lactating mothers is far below that of the average male. Cultural practices,
including nutritional taboos, ensure that pregnant women are deprived of
essential nutriments, and as a result they tend to suffer from iron and protein
deficiencies.
Poor health can be
improved by a more balanced diet. The choice of food consumed is determined by a
number of factors, including availability of natural resources, economics,
religious beliefs, social status and traditional taboos. Because these factors
place limits in one way or another on the intake of food, communities and
individuals are deprived of essential nutriments and, as a result, physical and
mental development is impaired. This is generally the case in most developing
countries, but especially throughout Africa.
Although poor
distribution of resources-whether due to harsh geographical or climatic
conditions in a region, or to poverty resulting from a lack of purchasing
power-contributes greatly to the severe imbalance of diets throughout Africa,
taboos placed on food for religious or cultural reasons are an unnecessary
practice which exacerbates the situation.
The reasons for
such taboos are many, but all are steeped in superstition. Many taboos are
upheld because it is believed that the consumption of a particular animal or
plant will bring harm to the individual.
Permanent taboos
are also placed on female members of most communities throughout Africa. From
infancy, the female child is given a low-nutrition diet. She is weaned at a much
earlier age than the male infant, and throughout her life she will be deprived
of high-protein food such as animal meat, eggs, fish and milk. As a result, the
intake of nutriments by the female population is lower than that of the male
population.
Temporary taboos
which are applicable only at certain times in the life of an individual also
affect women disproportionately. Most communities throughout Africa have food
taboos specially for pregnant women. Often these taboos exclude the consumption
of nutriments essential for the expectant mother and foetus.
These nutritional
taboos are unnecessary impositions made on women, who are already malnourished.
It is perhaps not surprising that maternal and infant mortality rates are so
high and life expectancy low in the countries concerned. But nutritional taboos
also have far-reaching implications for women in the field of work, where their
levels of productivity can be affected.
Lack of basic
knowledge of human bodily functions can lead to illogical conclusions when
illness sets in, or especially when a mother or her infant dies. Surrounded by
myths and superstition, what may be a simple mishap can be explained in much
more sinister terms as the product of evil spirits or bad omens.
Most rural areas
throughout the developing world have disproportionately fewer health centres and
clinics, trained midwives, nurses and doctors than urban areas. For most rural
dwellers, health treatment must be obtained from traditional birth attendants
(TBAs). Most TBAs have no formal training in health practices but acquire their
skills via apprenticeship. These are skills passed down through generations of
women. By observing a given situation, the TBA learns which remedy to use for
which illness, or how to perform different kinds of delivery. If the situation
changes, they try to adapt their knowledge and remedies and hope that that
works. If things go wrong, however, supernatural explanations are given; blame
is never attributed to the TBA.
According to the
World Health Organization (WHO), more than half the births in developing nations
are attended by TBAs and relatives. Although these women have every good
intention to assist their patients, mortality rates are higher in the rural
areas where they operate.
The use of herbal
mixtures and magic is common during delivery throughout Africa. The chemical
components of some of these mixtures are beneficial, but others are quite
lethal, especially when taken in large dosage.
In the case of
obstructed labour, the abdomen is at times massaged or pressed to force the baby
out. Some TBAs perform surgical operations to extract the foetus, using a knife
or razor-blade to cut the labia minora and vaginal opening. A similar operation,
known as the “Gishiri cut”, is performed in some parts of Africa, and the likely
complications are known to be haemorrhaging and infection.
Among the most
bizarre treatments for obstructed labour are the psychological ones. In many
societies, difficulty in labour or delay in delivery is believed to be
punishment for marital infidelity. The woman is pressured to confess her misdeed
so that labour may continue without complications. This practice, which inflicts
great mental cruelty on a woman already in agony due to obstructed labour, is
prevalent in several African countries. In addition to the psychological trauma
suffered by the woman, the practice further delays her being taken to
hospital.
Treatment of
obstructed labour by ineffective and harmful traditional methods can also cause
uterine rupture. Rupture of the uterus still constitutes one of the major causes
of maternal death in obstetric practice in developing countries. Death rates as
high as 37 per cent have been reported in studies of hospitalized women with
ruptured uterus. Foetal mortality is also very high: it was 100 per cent in a
study of 144 cases of uterine rupture in one African country and 96 per cent in
an Indian review of 181 cases.
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