CHAPTER No.

INTRODUCTION
Human rights Human rights define the value and worth of each person and their relationship to government and society. They identify standards regarding the quality of life that each of us can expect to enjoy. Human rights have the following qualities: Human rights are inherent: human rights do not have to be given to us by a government to exist. They are our birthright and belong to us simply because we exist as human beings. Human rights are inalienable: human rights cannot be given away or taken away. Human rights are universal: human rights belong to everyone, irrespective of their sex, race, colour, religion, national or social origin or other status.

Natural Rights as Human Rights from very Beginning Natural rights are the basic rights of human being. There is a set of inviolable rights that cannot be infringed on ground of sex, legal status, origin and conviction for crimes. The idea of human rights emerges in the early modern period as idea of humanism and becomes more important in 18th century the age of enlightenment. Further human rights movements become more prominent after 18th century with the great contribution of former socialists in Eastern, Western Europe, United states and in Latin America. In 539 B.C, Cyrus the great king of Persia, abolished the slavery and declared that all persons have equal rights to choose religion .He had also established racial equality. All his declaration was recorded on a baked clay cylinder. Today it is known as Cyrus cylinder and provided as first human rights charter. United nation translated it into six official languages. The first four provisions of the universal declaration of human rights are similar to the provisions of Cyrus cylinder. The concept of human right spread from Babylon to India, Greece and Rome. The observation of the fact is that people follow some unwritten laws to spend their lives which are based on rational ideas derived from the nature of things. The following old documents which are asserting individual rights such as, Magna Charta 1215,The Petition of right 1628,The U.S constitution 1787,The French declaration of the rights of men and of the citizen 1791,The U.S

Bill of rights 1791.( Lauren and Paul Gordon,2003) Early Islamic Caliphate Before Islam there was no concept of human rights especially the rights of women .At that time they were treated as inhuman. When Islam came it gave full respect to the rights of women in every aspect of life. Many reforms took place in Islamic period 610 to 661. (Firestone (1999) Those reforms were taken by Hazrat Muhammad (PBUH) and Khulf e Rashidun in the areas of social security, family structure , slavery and rights of women. In Islamic history the early document on human rights was Constitution of Madian also known as Charter of Madina made by Hazrat Muhammad(PBUH).Under this constitution Hazrat Muhammad(PBUH) ensured women rights and other privileges in every aspect of life such as marriage, economic, education and also the rights that help to improve women's status in society.(Lewis ,1998)

Discrimination Wayne (1995) says that no law has ever attempted to define precisely the term discrimination, in the context of employment, it can be defined as the giving of an unfair advantage (or disadvantage) to the members of the particular group in comparison to the members of other group. The disadvantage usually results in the denial or restriction of employment opportunities, or in an inequality in the terms of benefits of employment. Discrimination is a subtle and complex phenomenon that may assume two broad forms: 1. Unequal (Disparate) Treatment: This is an intentional discriminating treatment. For example, it would include hiring or promoting one person over an equally qualified person because of the individuals race, sex etc.Or paying a male more than a female to perform the same job. 2. Adverse Impact: David et al (1998) write that it is a consequence of an employment practice (application of identical standards for every one) that results in a greater rejection rate for a minority group than it does for the majority group in the occupation. This concept results from a seemingly neutral, even unintentional employment practice consequence. For example, police departments same requirement of height and weight for both males and females. Narrating the decisions of the courts, John (2004) writes that in interpreting title VII of the 1964 Civil Rights Act and other laws, the United states courts have held that both intentional (disparate treatment) and unintentional (disparate impact) acts of covered entities may constitute illegal employment discrimination.

If EEO is not operating properly, it results in adverse impacts and adverse (Disparate) treatment such as Sticky Floor and Glass Ceiling effects. Both of these effects are originally specifically applied to discrimination against women (Hiau, 2008). Sticky Floor Sticky Floor is defined as The situation where identical men and women might be appointed to the same scale or ranks, but the women are appointed at the bottom and men further up the scale. The gaps widen at the bottom of the wage distribution (Erk et al., 2006). Sticky Floor also refers to the horizontal discrimination against women, which means that females are discriminated in appointment, trainings and assignments. Glass Ceiling Glass Ceiling is an often used metaphor for relative disadvantages regarding womens career opportunities, alluding to the growing difficulties for women when moving up the career ladder (Cotter et al., 2001). This situation is referred to as a Ceiling as there is a limitation blocking upward advancement and Glass (Transparency) because the limitation is not immediately apparent and is normally an unwritten and unofficial policy (Hiau , 2008). Such disadvantages for the women are not solely due to differences in human capital (Maume, 1999). There are several reasons behind the glass ceiling. First, homosociality, which implies that men have a tendency to prefer men for self reflection, relaxation and social support (Reskin et al., 1986). Second, prevailing of the sexist attitudes for example men are better suited to leadership position than women (Ackler, 1990). Such attitudes can be used by the men in strategies to secure power, authority and other privileges (Rosefed et al.,, 1990). Third, statistical discrimination, where employers avoid promoting women because women as a group are absent from work more often than men, due to child bearing and child care responsibilities (De Larica et all., 2005). Highly educated women encounter a glass ceiling but the groups with primary and secondary education encounter a sticky floor. Sticky floor widens the wage gap at the bottom, whereas Glass ceiling increases gender pay gap at the top (Lateef, 1992). Types of Discrimination There are several ways in which gender discrimination takes place at work, here's looking into four such instances.

Direct Discrimination Some workplaces have a gender preference, mostly out of one being dominant over the other like say a woman not earning as much as a man even though they both hold similar positions in the company and carry equally commendable qualifications. Sometimes bonuses are higher for men than women and there is an air of indifference towards either sex depending on the gender that is in charge. Indirect Discrimination Instances where people are indirectly discriminated against include examples where a certain set of rules or laws are made which indirectly imply that people of a certain gender cannot qualify for certain company offerings. Harassment at Work This type of discrimination is perhaps the worst of the lot since it not only discriminates but causes emotional as well as psychological trauma to the employee who is the subject of such acts. Sexual or verbal harassment or inferior treatment owing to his / her gender is included under this category. Men and women who are gay are put in the spotlight for whom they are, where they can face harsh treatment because of their sexual preferences.

Victimization Unfair or biased treatment based on the employee's gender translates into victimization at work. This is also a form of employee discrimination based on gender. Some people take it too far by disrupting their personal life as well or setting them up for trouble at the workplace. (Arputhamurthy,Savitri.1990) Where Discrimination Can Occur Discrimination can arise in a variety of work-related situations. These include access to employment and to particular occupations, and access to training and vocational guidance and support. Further, it can occur with respect to the terms and conditions of the employment, such as remuneration, hours of work and rest, paid holidays, maternity leave, security of tenure, advancement, social security, and occupational health and safety. It can also arise through harassment and victimization. Discrimination at work may occur in a range of settings; it can exist in a rural agricultural business or in an urban high technology environment. It may also arise from the application of particular policies which on the face of things appear neutral in their effect, but in reality are detrimental to one group as compared to another. For example, if an

employer advertises only in a particular language, or claims a job needs particularly stringent qualifications, the effect may be that members of one group are less able to apply for the job. In such circumstances an employer should be able to justify the application of the requirement imposed. Some of the areas where discrimination is most likely to occur, and where companies should exercise care in their policies and actions, include the following: Recruitment of New Workers Problems can occur as a result of basic prejudice or misunderstanding on the part of those making the hiring decisions. They can also arise from the application of particular criteria or requirements that are not necessary for the job but negatively impact a particular group. Examples include: unnecessary qualifications, language skills that are not required by the job, or a requirement that recruits must live in a particular area, unless this is necessary for the job. Retrenchment and Restructuring. These processes often involve the dismissal of workers, which can give rise to discrimination against one group, depending on the procedure and criteria used. For example, dismissing those with the least amount of service may disproportionately affect women and minorities, who are often the most recent entrants in many longer established organizations. Payment and Promotion. Decisions on how much individuals are paid and who should be promoted can often be subjective and open to influence by discriminatory criteria. Assessment by managers may be subjective, or the rewarding of some characteristics such as strength more than others such as dexterity, can disadvantage women. Dismissal Cause While there is nothing inherently discriminatory about dismissing an employee for good reason, employers should ensure that policies and procedures are in place to ensure that such terminations are not a mask for discriminatory practices. Training and Development Just as preferences can be made during hiring and promotion, the same can be made for training and development. It is important to bear this in mind, because an employee may latter be denied promotion on the apparently non-discriminatory ground that he or she had less training and qualifications. Harassment at Work

Where there are gender, ethnic or other tensions at work, harassment may take place. Women in particular are subjected to widespread harassment. Maternity Protection In order to effectively participate in the workforce and not suffer discrimination, it is essential for women to receive particular protections in relation to maternity, childbirth, and breastfeeding. (Good Practice Note,2006) Workplaces and public places Public place public include public footpaths and walkways, educational institutions, office blocks, shops and department stores, banks, parks, public swimming pools, public toilets, cafes, restaurants and pubs, theatres and entertainment venues, libraries, sporting venues, social and sporting clubs, public transport, hospitals and government-run services. Anti-discrimination law applies to existing places, as well as places under construction. Every area and facility open to the public should be open to people with disability. People with disability should expect to be able to enter and make use of public places if a person without disability can do so. For example: places used by the public should have an accessible entrance and interior facilities in these places should also be accessible (wheelchair-accessible toilets, lift buttons

within reach, tactile and audible lift signals for people with vision impairment) all areas within places used by the public should be accessible to people with disability,

rather than being confined to a segregated area with a facility information available to users of the premises should be accessible.

While changes may take time, people with disability should expect that modifications will be made to make buildings and facilities more accessible, except where this would cause unjustifiable hardship. A person with disability can make a complaint of discrimination if a place used by the public is not accessible to him. Work places A workplace is the location at which an employee provides work for an employer. The workplace is located in a variety of settings including offices, manufacturing facilities or

factories, stores, farms, out-of-doors, and in any location where work is performed. Womens rights in the workplace include many facets, such as the right to work if pregnant. An employer cannot exclude a woman from a position due to pregnancy as long as she can perform satisfactorily. Employers cannot refuse to hire any person due to marital status, gender or age. In addition, an employee of any company where a woman works may not sexually harass the woman in any way. This includes a hostile work environment where the woman must endure sexual comments, touching or materials, as well as unwanted sexual advances that put her in fear of losing her job if she does not comply. Women should report all advances of this sort to the Equal Employment Opportunity Commission or a supervisor. Benefits Because of workplace rights, women enjoy freedom to work in almost any position they choose. They join the armed forces, own businesses and become executives in large corporations. As the financial status of women increases so does the welfare of their families, children and the nation. Considerations According to Sexual Harassment Support, a nonprofit support group for victims of sexual harassment, only 5 percent to 15 percent of victims of workplace sexual harassment report these violations to their employers or proper authorities for fear of ridicule, losing their jobs or not being believed. All victims of sexual harassment should seriously consider reporting it. Taking this step protects womens workforce from workplace rights violations. Types of Workplace Discrimination Against Women There are several types of discrimination in which a woman may be a victim in the workplace. EEOC laws govern all types of discrimination in all types of workplace situations. Examples of workplace Discrimination These examples of sex discrimination are to help you decide if you are being discriminated because of your sex. Hiring You apply for a job as an executive consultant. Although you have experience and excellent qualifications, you are not hired because some of the companys long-time clients are more comfortable dealing with men.

Firing

You are told that you are laid off due to company cutbacks and reorganization. However, men in the same job and with less seniority keep their jobs. Promotion You work as a sales clerk at a retail store for ten years but have been repeatedly denied the opportunity to advance. Men with less experience, including men that you trained and/or supervised, receive the promotions instead. Job Classification You work at a company that has an eight-tier job classification system. Your responsibilities have increased over time, but your job classification and pay has remained stagnant. Male colleagues have their job classification and pay adjusted to reflect their increased responsibilities. Benefits You are required to use your sick and vacation leave to take time off for your pregnancy because your employer doesnt provide long-term disability leave for pregnancy, but does cover other health conditions. A male co-worker was on leave for six months because he had a heart attack and he was able to use the long-term disability plan. Pay You work your way up from the position of cooks helper to chef. Now another chef has been hired. He has similar training and work experience, but you find out that he is being paid more than you. Sexual Harassment Your boss is the vice-president of the company. He repeatedly makes unwelcome comments about your body . You tell him his behavior makes you uncomfortable and ask him to stop. He says, Maybe you are too uptight for this job. I probably should never have hired you. You now are afraid of losing your job if you dont loosen up. .( Thomas.1979)

CHAPTER NO- 2

WOMEN IN ISLAM
Condition Of Women Before Islam Before Islam women had not any rights for their self. They were treated like slaves and property, even their consent for marriage considered unimportant. They could not do anything related to their well being. Women were used for one purpose and then discarded. Women had no inherit property right .they were treated as inhuman in the times of war. Their condition was very poor and unspeakable. When a daughter born in a family, she was regarded as humiliation and her birth was not a moment to rejoice. When Islam came the messenger of ALLAH Hazrat

Muhammad(PBUH) condemned the infanticide of female by the verses of the Quran.(Amina, 1999) "And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark, and he is filled with inward grief! He hides himself from the people because of the evil of that whereof he has been informed. Shall he keep her with dishonor or bury her in the earth? Certainly, evil is their decision."(An-Nahl 16:58-59) And as part of a description of various events on the Day of Judgment, the Quran mentions: "And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned. For what sin she was killed? (At-Takwir 81:8-9) Outside Arabia conditions for women were not better. In India, Egypt, and all European countries in the Dark Ages, women were treated worse than slaves. They were not regarded as human beings but as sort of a sub-species between humans and animals. To evaluate the effect of Islam on the status of women, many writers have discussed the status of women in pre-Islamic Arabia, and their findings have been mixed. Some writers have argued that gender roles before Islam were relatively egalitarian, drawing on disparate evidence ranging from the marriage of Muhammad's parents to the worship of female idols at Mecca. Other writers, on the contrary, have argued that women's status in pre-Islamic Arabia was poor, citing practices of female infanticide, unlimited polygamy, and paterilineal marriage. Women's Rights after Islam According to Quran no one has any superiority above other rather who has good deeds. Islam has great respect for its followers men and women who has righteous deeds and pious. We know by Islamic history that men and women both served as doctor, teacher, leaders and even as also in

battlefield. Equality doesnt means that both they are same .they are different physically and emotionally. But they are both equal in performing their duties .there is not a matter of superiority or inferiority. Islam places equality between man and women and also stresses that the roles are not exclusive and nor inflexible. This does not mean that women cannot work or serve society.(Muhammad ,2008) Islam changed the structure of Arab society and to a large degree unified the people, reforming and standardizing gender roles throughout the region. According to western orientalist William Montgomery Watt, Islam improved the status of women by "instituting rights of property ownership, inheritance, education and divorce. In terms of women's rights, women generally had fewer legal restrictions under Islamic law than they did under certain Western legal systems until the 20th century. For example, restrictions on the legal capacity of married women under French law were not removed until 1965. Islam Gives Men and Women Equal Rights In reality, and in Islam, the rights and responsibilities of a woman are equal to those of man, but they are not necessarily identical with them. Equality and sameness are two very different things. I think youll agree that, for one thing, women and men are physically very different from one another, although they are equal to each other in other important ways. In the West, women may be doing the same job that men do, but their wages are often less. The rights of Western women in modern times were not created voluntarily, or out of kindness to the female. The modern Western woman reached her present position by force, and not through natural processes or mutual consent of Divine teachings. She had to force her way, and various circumstances aided her. Shortage of manpower during wars, pressure of economic needs and requirement of industry forced women to leave their homes to work, struggling for their livelihood, to appear equal to men. Whether all women are sincerely pleased with these circumstances, and whether they are happy and satisfied with the results, is a different matter. But the fact remains that whatever rights modern Western women have, they fall short of those of her Muslim counterpart! Islam has given woman what duties her female nature. It gives her full security and protects her against becoming what Western modern women themselves complain against: a "mere sex object."

Rights That Islam Gives to Women Human Being Islam considers a woman to be equal to a man as a human being and as his partner in this life. Women have been created with a soul of the same nature as mans. Allah (SWT) says in the Quran: "O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife (Eve), and from them both He created many men and women and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever and All-Watcher over you." (Al-Nisa 4:1) And in the words of the Prophet Muhammad (SAW), "Assuredly, women are the twin halves of men." (Sahih reported by Abu-Dawud (RA) Islam does not blame Eve alone for the First Sin. The Quran makes it very clear that both Adam and Eve were tempted, that they both sinned and were both forgiven after their repentance. Allah (SWT) says in the Quran: "Then Satan whispered suggestions to them both in order to uncover that which was hidden from them of their private parts (before); he said: "Your Lord did not forbid you this tree save you should become angels or become of the immortals." And he (Satan) swore by Allah to them both (saying): "Verily, I am one of the sincere well-wishers for you both." So he mislead them with deception. Then when they tasted of the tree, that which was hidden from them of their shame (private parts) became manifest to them and they began to stick together the leaves of Paradise over themselves (in order to cover their shame). And their Lord called out to them (saying): "Did I not forbid you that tree and tell you: Verily, Satan is an open enemy unto you?" They said: "Our Lord! We have wronged ourselves. If You forgive us not, and bestow not upon us Your Mercy, we shall certainly be of the losers." (Allah) said: "Get down, one of you an enemy to the other (i.e. Adam, Eve, and Satan, etc.). On earth will be a dwelling-place for you and an enjoyment, - for a time." He said: "Therein you shall live, and therein you shall die, and from it you shall be brought out (i.e. resurrected)."(Al-Araf 7:20-25) The Prophet described women as "the twin halves of men," which emphasized the idea that their role in society is complementary to that of men. He declared that "the most valuable thing in the world is a virtuous woman. In Islamic law a woman is an independent, unique individual

in her own right. She has the same responsibilities towards herself, towards Allah (SWT) and towards other human beings as the male, and will be punished or rewarded in the Hereafter without discrimination towards her female gender. Women and politics The only Hadith relating to female political leadership is Sahih Bukhari 5:59:709, in which Muhammad is reported as saying that people with a female ruler will never be successful. (The al-Bukhari collection is generally regarded as authentic, though one Muslim feminist has questioned the reliability of the reporter of this particular hadith.) However, some classical Islamic scholars, such as al-Tabari, supported female leadership. In early Islamic history, women including Aisha, Ume Warqa, and Samra Binte Wahaib took part in political activities. Other historical Muslim female leaders include Razia Sultana, who ruled the Sultanate of Delhi from 1236 to 1239, and Shajarat ad-Durr, who ruled Egypt from 1250 to 1257. In the past several decades, many countries in which Muslims are a majority or a large minority, including Indonesia, Pakistan, Bangladesh and Turkey have been led by women. Muslim Women Have the Right to Go Outside of Her Home Muslim women are not forbidden from going out in the community, working, or visiting relatives and female friends, if there is no objection from their guardian/husband and they are covered, they behave and speak according to Islamic guidelines and, if necessary, escorted by their Mahram (a close male relative). However, a womans home should be the main base that she works from. Allah (SWT) instructed the wifes of the Prophet (SAW): "O wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be not soft in speech, lest he is whose heart is a disease (of hypocrisy or evil desire for adultery, etc.) should be moved with desire, but speak in an honorable manner. And stay in your houses, and do not display yourselves like that of the times of ignorance, and offer prayers perfectly (Iqamat-as-Salat), and give Zakat and obey Allah and His Messenger. Allah wishes only to remove Ar-Rijs (evil deeds and sins, etc.) from you, O members of the family [of the Prophet (SAW)], and to purify you with a thorough purification." (Al-Ahzab 33:32-33) The Right to Seek Employment Islam measured value and importance of women with different criteria such as their success, fear and obedience of Allah and fulfillment of duties which Allah has entrusted them particularly bearing, rearing and teaching children. Islam is a practical religion and pay full attention to

human life needs. There are many reasons where women need, wish to work. For example, they may possess a needed skill, such as a teacher or a doctor. Islam allowed women to work in every field of life to meet to their needs. But subject to some condition and recommendation to do so should they be in financial need This is supported by the Quranic example of two female shepherds ([Qur'an 28:23]). Islam recognizes that the society needs women to work for the sake of development. In general, women's right to work is subject to certain conditions: These are the following condition in accordance with Islam such as, 1. The work should not be against the Islamic law and be mindful of the woman's safety. (e.g., serving alcohol), 2. If the work requires the woman to leave her home, she must maintain her modesty. 3. Her work should not affect more important commitments, such as those towards her family. 4. After work employment should not come before, or seriously interfere with her responsibilities as wife and mother. 5. Women should work with the permission of her husband and in case if she is not married, she must have guardian's consent in order to eliminate later disagreements. 6. Women's overall behavior such as her appearance, manner and tone of speech should in accordance with Islam. These also include: wearing correct Islamic dress, avoiding men, not walking in a provocative manner, and not using make-up or perfume in public. 8. Her job should not be one which become the reason of moral corruption in society, affect her own religion, morals, dignity and good behavior, or subject her to temptations. 9. Her job should not be one which is mixing and associating with men. 10. Woman should try to seek employment which requires a womans special skills such as teaching, doctor, nursing other women, midwifery and medicine with specialization. Examples of early Muslim women The Prophet always listened to women with consideration and compassion as he valued their views and opinions not only about affairs that specifically concerned them, but also about matters of wider significance. It was because the Prophet gave such encouragement to women that there were well-known instances in early Muslim history of some of them freely speaking out for their rights. Following the injunctions in the Qur'an, the Prophet gave women the right to education and freedom in matters related to marriage, divorce, and property rights. He taught his followers that it is God's commandment to treat women with gentleness and affection because,

he said, "Women are your mothers, daughters, aunts." The Prophet described women as "the twin halves of men," which emphasizes the idea that their role in society is complementary to that of men. He declared that "the most valuable thing in the world is a virtuous woman." Those scholars who study the role of women in Islam will notice that throughout the different periods of history, women were actively engaged in every field of endeavor, be it politics, government, or learning. Women were not confined, as some have assumed, to mothering and household occupations. [Salah al-Din al-Munajjid] Busra bint Uzwan (RA) was the sister of Utbah bin Uzwan al-Mazini, the famous companion, the governor of Basra (in Iraq). According to the author, Busra hired Abu Huraira (RA) and he was her employee during the time of the Prophet. Later she married him, after Marwan succeeded him [as administrator] over Madinah. [Al Isaba fi Tamyiz al Sahaba, by Ibn Hajar al Asqalani] The labor forces in the Caliphate were employed from diverse ethnic and religious backgrounds, while both men and women were involved in diverse occupations and economic activities. Women were employed in a wide range of commercial activities and diverse occupations in the primary sector (as farmers, for example), secondary sector (as construction workers, dyers, spinners, etc.) and tertiary sector (as investors, doctors, nurses, presidents of guilds, brokers, peddlers, lenders, scholars, etc.). Muslim women also held a monopoly over certain branches of the textile industry, the largest and most specialized and market-oriented industry at the time, in occupations such as spinning, dyeing, and embroidery. Some specific examples (by no means a comprehensive list) of working women living at the time of the prophet follow. Women Farmers Sahl ibn Sa'd, a companion of the Prophet mentioned a woman who had her own farm. She used to cultivate beets and barley to feed the companions of the Prophet with it after Friday prayer. The daughter of Abu Bakr, Asma', mentioned that when she was married to Zubair, they did not have wealth. The Prophet gave them some land about two miles away from their home. She used to farm and transport the produce herself. Asma' bint Abu Bakr reported, "One day I was coming back with date stones on my head. Then I met the Prophet with some people from Madinah. He asked me to ride with him on his camel's back." It was apparent that farming was independently done by women. Moreover, they transported

farm produce. If they had modern trucks, trains, ships and planes, Asma' and other women would have used them rather than carrying the goods on their heads.

Women Traders Quite a few women companions of the Prophet were engaged in trading. Khadija, the Prophet's first wife, is the most famous example. Other women such as Khaula, Lakhmia, Thaqafia, and Bint Makhramah traded perfumes. A companion named Quila said to the Prophet, "I am a woman who buys and sells things." Then she asked several questions about buying and selling. Clearly, business was a legitimate activity of the women companions of the Prophet. The wife of 'Abdullah ibn Mas'ud met her expenses by manufacturing and selling handicrafts. Saudah, the Prophet's wife, was an expert in tanning skins. She sold her tanned goods to trading caravans and local men throughout Medina. Women Surgeons Rufaidah Aslamiyyah was an expert in medicine and surgery. She used to tend to the sick and wounded in the battlefields. According to Ibn Sa'd, her tent was equipped with equipment for surgery and first aid. When Sa'd ibn Mu'adh was injured in the Battle of the Trenches, the Prophet transferred him to her tent for medical care. Other women experts in medicine and surgery were Umm Muta', Umm Kabashah, Hamnah bint Jahsh, Mu'adhah, Laila, Umaimah, Umm Zaid, Umm 'Atiyyah, and Umm Sulaim. Rubayyi' bint Mu'awwaidh ibn 'Afra was a great companion of the Prophet. She tended to the wounded and sick and supplied water to the thirsty soldiers in many battles. With other women, she transported the wounded and the dead in the war. Women in Politics and Scholars For example, the Prophet consulted with Umm Salamah when he negotiated the treaty of Hudaibiah. Many companions were angry at the weak terms of the treaty. It was Umm Salamah whose counsel helped ease the situation. Fatima bin Qais was a very able and intelligent scholar. When 'Umar died, the nomination committee consulted Qais on the selection of the next Caliph. The prophet Muhammad(PBUH) appointed Shifa bint 'Abdullah ibn Shams as the administrator and controller (accountant) of the Market of Madinah which was one of the largest markets in those days. 'Umar reappointed her when he became Caliph. Hazrat Umar (RA) also appointed Hazrat Umm Hakim Baiza, who was the paternal aunt of Prophet Muhammad (PBUH) a learned

women, at the post of Khilafat. According to 'Allama ibn 'Abd al-Barr, Shifa bint 'Abdullah was a very intelligent and scholarly woman. Umar(RA) often took the initiative of asking her opinion to other people. Women not only gave their opinion on various problems but also criticized state matters and participated in the evaluation and reckoning of a ruler's actions.

It is commonly believed that freedom of speech originated recently in the West. This is no more than myth. Islam introduced equal rights and freedom of expression for women fourteen hundred years ago. The incident about mahr (dowry) in the Caliphate of 'Umar is well known. When he decided to fix the dowry money, an old woman protested that he had no right to decide about it, and he ceded to her protest. Women Jurists There are many female jurists in early Islamic history. In jurisprudence, 'Aisha had few equals and Umm Salam also gave many legal rulings. Others are Safiyyah, Hafsa, Umm Habiba, Juwayriyyah, Maymuna, Fatima, Zahra, Umm Sharik, Umm 'Atya, Asma' bint Abu Bakr, Haila bint Qanif, Khaula bint Tuwait, Umm al-Darda, Atika bint Zaid, Sahalah bint Suhail, Fatima bint Qais, Zaynabah bint Abu Salamah, Umm Ayman, and Umm Yusuf. A noted medieval Muslim scholar, Imam Badr al-Din Kashani, explained the rationale for appointing a women Qadi judge): "Where there is ability to give testimony, there is also the ability of qada (ruling)." According to al-Tabari, a woman can be an absolute judge in every matter. It is reported that Dawud ibn Husayn, a companion of the Prophet, used to take Qur'anic lessons from Umm Sa'd Jamilah bint As'ad Ansariyyah, daughter of As'ad ibn Rabi who fought in the Battle of Badr and achieved martyrdom in the Battle of Uhud. According to ibn Athir, Umm Sa'd had memorized the Qur'an and used to give regular lessons. Khansa bint 'Amr was a woman of great stature and a poetess of great fame. According to ibn Athir, all poets of fame unanimously agree that no poetess ever equaled Khansa, and the Prophet appreciated her verses. Su'da, Safiyyah, 'Atikah, Muridiyyah, Qunila Abduriyyah, Umm Ayman, Umm Ziad, and Kabsah bint Rafi were also well known poetesses at the time of the Prophet. 'Amra bint 'Abdu'r-Rahman was one of most prominent women of second generation. She was one of those who gave legal opinions in Madina after the Companions. Her opinion overrode the views of other authorities. She is the first authority for three legal issues dealing with the prohibition against digging up graves, the ban on selling unripe fruit, and the effect of crop damage on the sale of agricultural produce. In

one case, she reversed the decision of her nephew to cut off the hand of a man who stole some iron rings. Her authority was accepted on matters such as business transactions and punishments (hudud). Imam Malik takes her as a legal precedent for details on the hajj. Women Warriors Many examples of women actively participating in war could be found at the time of the Prophet. One companion, Umm 'Umarah, demonstrated courage and fearlessness in the battle of Uhud. Umm Hakim, wife of Ikrimah ibn Aji Jahl participated in the war against the Romans. When Muslims suffered defeat in the Battle of Uhud, there was some confusion in the Muslim camp. Then Safiyah bint 'Abd al-Muttalib left Madinah armed with a spear and aroused a sense of shame among those who were returning from the battle. She angrily asked them, "Did you leave the Prophet behind?" Asma' bint Yazid fought and killed nine enemy soldiers in the battle of Uhud. Umm Salaim, mother of Anas, went to battle with a dagger. There were not many different kinds of jobs during the days of the Prophet. Farming, trading, construction, tool making, tanning, bread making, teaching, transporting goods, nursing, health care and defense of the nation were the major economic activities in those days. Female companions of the Prophet participated in all these activities with his approval.( Turn to Islam 2012 ) Furthermore, it is the responsibility of the Muslim community to organize work for women, so that she can do so in a Muslim atmosphere, where her rights are respected. However, the employment of women varies over fields in Islamic law. Whereas women may seek medical treatment from men, it is preferred that they do so from female physicians. It is also preferred that female schools, colleges, sports centers and ministries are staffed by women rather than men. On the contrary, there are disagreements between Islamic schools of thought about whether women should be able to hold the position of judge in a court. Shafi`ites claim that women may hold no judicial office, while Hanafites allow women to act as judges in civil cases only, not criminal ones. These interpretations are based on the above quoted Medinan sura (verse) [Qur'an 4:34]. Even when women have the right to work and are educated, women's job opportunities may in practice be unequal to those of men. In Egypt for example, women have limited opportunities to work in the private sector because women are still expected to put their role in the family first, which causes men to be seen as more reliable in the long term.

CHAPTER NO- 3

INTERNATIONAL EFFORTS AND REALIZTION

International Law Protect Human Rights International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfill human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights. Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level. International Labour Organization Fifty years ago, the International Labour Organization adopted what is still the most comprehensive, dedicated international instrument on non-discrimination and equality in the world of work. The Discrimination (Employment and Occupation) Convention, 1958 (No. 111) was forward-looking in its time, and remains as relevant today as it was in the late 1950s. Now is the time to celebrate fifty years of this key Convention on equality and the progress that has been made. It is also a time for reflection, as the goal of eliminating any discrimination in employment and occupation set out in the Convention remains a distant one. To be on the right track to equality, it is time to identify and remove the remaining obstacles and actively promote gender equality.(Boulin, 2005). Six ILO Conventions are relevant to issues concerning equal opportunity for women in the workforce. They are: (a) C111 Discrimination (Employment and Occupation);

(b) C100 Equal Remuneration; (c) C156 Workers with Family Responsibilities; (d) C183 Maternity Protection; (e) C175 Part-Time Work; and (f) C168 Employment Promotion and Protection Against Unemployment. Conventions C100 and C111 relate to elimination of discrimination in respect of employment and occupation and are considered so fundamental that they have been included in the eight core conventions enunciated in the Declaration on Fundamental Principles and Rights at Work30 and have been ratified by the majority of member states. ( Chicha ,2006) Fundamental principle and right Since 1919, the ILO has sought to guarantee labour rights and improve working conditions for women and men. Equality is enshrined in the ILO Constitution. The principle was first made operational in 1951, when the ILO adopted the Equal Remuneration Convention (No. 100). Acknowledging that discrimination in remuneration cannot be tackled effectively without ensuring more general protection against discrimination in employment and occupation, the ILO adopted the Discrimination (Employment and Occupation) Convention (No. 111) in 1958. The ILOs commitment to elimination of discrimination was reaffirmed in the ILO Declaration on Fundamental Principles and Rights at Work, 1998. Women, more than men, suffer from sexual harassment at work as well. Issues related to equal pay, reconciling work and family responsibilities, and maternity protection must be part of overall policy packages to promote gender equality. The gender pay gap is both a cause and consequence of gender inequalities between women and men, and must be addressed. Achieving equality also requires policies to better enable men and women with family responsibilities to prepare for, enter and advance in employment.(Haspels, Kasim, Thomas and McCann, 2001) Discrimination (Employment and Occupation)Convention,1958 Governments have major responsibilities in ensuring equality between women and men in the workplace. Widespread national commitment is obvious, as the two fundamental ILO Conventions in this area have been ratified by over 92 per cent of ILO member States. Implementation and enforcement, however, remains a challenge in many countries. Employers and workers organizations have essential roles to play in promoting equality and combating discrimination, as recognized in Conventions Nos. 100 and 111. Under these Conventions, their

active collaboration is required to develop and monitor the observance of non-discrimination and equal opportunity measures and policies and their application at sectarian or enterprise levels. Collective bargaining is essential because gender issues may be inadequately covered by labour legislation or, if covered, may be poorly enforced. Collective bargaining may also be used to change attitudes towards women in employment, or address some non-pay issues. In recent years, concerns such as sexual harassment, reconciling work and family responsibilities and equal access and opportunities for career development have received much attention by workers and employers organizations. Employers organizations recognize that in general, women face unique challenges and obstacles throughout the various stages of employment, and that enterprises have a role to play in the promotion of gender equality. It is in the interest of employers to promote workplaces that are free from discrimination against women. Workers organizations are leaders in the promotion of diversity at work, and are partners in implementing effective measures to combat discrimination. Workers organizations have witnessed a steady and rapid growth of female union membership. Many trade unions have, in recent years, focused on the gender pay gap. Public Services International (PSI) has been particularly active in developing union awareness about the issue. Another trend in industrialized nations is the incorporation of pay equity provisions in collective agreements.(Hein,2005) Equal Remuneration Convention, 1951 The General Conference of the International Labour Organization, have been convened at Geneva by the Governing Body of the International Labour Office, and have met in its Thirtyfourth Session on 6 June 1951, and have decided upon the adoption of certain proposals with regard to the principle of equal remuneration for men and women workers for work of equal value, which is the seventh item on the agenda of the session, and have determined that these proposals shall take the form of an international Convention, adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one the following Convention, which may be cited as the Equal Remuneration Convention, 1951.(Chicha. 2006.) UN Charter Before 1945, the prohibition of discrimination was only dealt with in the so-called minority treaties, which were severely limited in their scope. With the adoption of the UN charter, a nondiscrimination clause applying to everyone became a recognized part of international law. The idea that the United Nations should become the international protector of the rights of the

individual grew out of the tragic experience of the Second World War and the horrendous violations of human rights committed in the Holocaust. Many wartime leaders believed that the rise of Hitler could have been averted had there existed a strong international organization with the authority to address human rights issues in the 1930s. These leaders felt it was critical that the experience with the interwar League of Nations, which was weak and lacked the power to deal with human rights issues, not be repeated. It was therefore expected that the UN Charter would contain provisions establishing an effective system for the protection of human rights. Unlike the League Covenant, which specifically excludes mention of racial and religious equality, the United Nations Charter drawn up at San Francisco has the promotion of human rights - in particular equality and non-discrimination as one of its basic provisions. One delegate to the Third Committee went so far as to say that the United Nations Organization had been founded principally to combat discrimination in the world. The three main provisions discussing human rights in the UN Charter are Articles 1(3), 55(c) and 56. In addition, other Articles of the Charter make it clear that human rights protection is a fundamental part of the UNs mission: the Charter states that the UN aims to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples and promote and encourage respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.(Alfredsson, Gudmundur, and Eide, Asbjrn 1999) The Universal Declaration of Human Rights The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. Adopted in 1948, the UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to us all whether in addressing injustices, in times of conflicts, in societies suffering repression, and in our efforts towards achieving universal enjoyment of human rights. It represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable, equally applicable to everyone and that every one of us is born free and equal in dignity and rights. Whatever our nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status, the international community on December 10 1948 made a commitment to upholding dignity and justice for all of us. The Universal Declaration of Human Rights (UDHR) elaborates the UN Charters equal rights prescriptions; the principle of equality pervades the declaration. Of the thirty articles, some are in one way or another explicitly

concerned with equality, and the rest implicitly refer to it by emphasizing the all-inclusive scope of the UDHR, as in the following Articles (emphasis added): Article 1. All human beings are born free and equal in dignity and rights. Article 2. Everyone is entitled to all the rights and freedoms set forth in the Universal 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. Article 4. No one shall be held in slavery or servitude. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. Foundation for Our Common Future Over the years, the commitment has been translated into law, whether in the forms of treaties, customary international law, general principles, regional agreements and domestic law, through which human rights are expressed and guaranteed. Indeed, the UDHR has inspired more than 80 international human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions, which together constitute a comprehensive legally binding system for the promotion and protection of human rights. Building on the achievements of the UDHR, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The two Covenants have developed most of the rights already enshrined in the UDHR, making them effectively binding on States that have ratified them. They set forth everyday rights such as the right to life, equality before the law, freedom of expression, the rights to work, social security and education. Together with the UDHR, the Covenants comprise the International Bill of Human Rights. Over time, international human rights treaties have become more focused and specialized regarding both the issue addressed and the social groups identified as requiring protection. The body of international human rights law continues to grow, evolve, and further elaborate the fundamental rights and freedoms contained in the International Bill of Human Rights, addressing concerns such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples. (Hameed Khan 1989)

Universal Values The core principles of human rights first set out in the UDHR, such as universality, interdependence and indivisibility, equality and non-discrimination, and that human rights simultaneously entail both rights and obligations from duty bearers and rights owners, have been reiterated in numerous international human rights conventions, declarations, and resolutions. Today, all United Nations member States have ratified at least one of the nine core international human rights treaties, and 80 percent have ratified four or more, giving concrete expression to the universality of the UDHR and international human rights.( Faiz-ul-Haq 1998 ) International Covenant International Covenant also constitutes part of the Bill. It translates the principles of the Universal Declaration into a legally binding form, making all rights set forth applicable to all persons, with no distinction of any kind. This binds ratifying states to ensure that women and men have an equal right to the enjoyment of the rights set forth by the Bill.However, the statement of women's humanity presented by the International Bill of Human Rights proves to be insufficient to guarantee enjoyment of rights by women. Just beneath the Charter and the Universal Declaration in importance are two international covenants which offer detailed provisions and provide means of implementation: the Covenant on Civil and Political Rights (ICCPR, 1966), and the Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966). The principal clause on non-discrimination is found in Article 26 of the (ICCPR:Bennoune, K. 2005) Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) The United Nations Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) was adopted to reinforce existing international instruments6. This Convention affirms womens right to work and to maternity protection. It also recognizes the importance of shared family responsibilities, the right to have equal employment and educational opportunities, benefits and social security, and to be paid equally for work of equal value. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is a landmark international agreement that affirms principles of fundamental human rights and equality for women around the world. CEDAW offers countries a practical blueprint to achieve progress for women and girls by calling on each ratifying country to overcome barriers to

discrimination. CEDAW is standing up for women and girls. Ratification would continue to promoting and protecting human rights. To date, 186 out of 193 countries have ratified CEDAW. Unfortunately, the U.S. is one of only six countriesincluding Iran, Sudan, Somalia, and two small Pacific Island nationsthat have not ratified CEDAW. To ensure that women enjoy the same basic rights and fundamental freedoms as men, CEDAW seeks to: end sex trafficking, domestic abuse, and violence against women provide access to education and vocational training ensure the right to vote improve maternal health care ensure the ability to work and own a business without discrimination ensure inheritance rights end forced marriage and child marriage The Convention focuses on three key areas: Civil rights and the legal status of women Reproductive rights Cultural factors influencing gender relations Within each area, specific provisions are outlined. As envisioned by the UN, the Convention is an action plan that requires ratifying nations to eventually achieve full compliance with the rights and mandates described below: (Hassan 1988) Civil Rights and Legal Status Included are the rights to vote, to hold public office and to exercise public functions; rights to non-discrimination in education, employment and economic and social activities; equality of women in civil and business matters; and equal rights with regard to choice of spouse, parenthood, personal rights and command over property.

Reproductive Rights Included are provisions for fully shared responsibility for child-rearing by both sexes; the rights of maternity protection and child-care including mandated child-care facilities and maternity leave; and the right to reproductive choice and family planning.

Cultural Factors Influencing Gender Relations To achieve full equality, the traditional roles of women and men in the family and in society must change. Thus the Convention requires ratifying nations to modify social and cultural patterns to eliminate gender prejudices and bias; revise textbooks, school programs and teaching methods to remove gender stereotypes within the educational system; and address modes of behavior and thought which define the public realm as a man's world and the home as a woman's, thereby affirming that both genders have equal responsibilities in family life and equal rights regarding education and employment. According to the UN Division for the Advancement of Women The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children. States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women. (United Nation Organization)

CHAPTER NO 4

PROTECTION UNDER DOMESTIC LAWS

Objective resolution 1949, In March 1949, the Constituent assembly of Pakistan presented basic rights of citizens. Which was provided in objective resolution later become essential part of Pakistans constitution. Such as: Fundamental rights including, social, economical, Political, justice, freedom of religion, thought and expression shall be guaranteed. Those golden principles which are presented by Islam like democracy rules, freedom, equal rights and social justice shall be fully followed. Protection of Women Rights in Constitution of Pakistan1973 In 1973 constitution of Pakistan the fundamental women rights were affirmed on a large scale. It also advanced women legal rights and principle that state must eliminate discrimination. According to Article 25 (1) guarantees that all citizens are equal under the law and are entitled to equal protection of law; Article 25 (2) adds, There shall be no discrimination on the basis of sex. Article 27 prohibits discrimination on the basis of sex, race, religion, or caste for government employment. Finally, Article 34 in the principles of policy section states that steps shall be taken to ensure full participation of women in all spheres of national life, and Article 38(a) adds that it is the responsibility of the state to secure the well -being of the people, irrespective of sex, caste, creed, or race, by raising their standard of living. The laws related to the equal opportunity further improved in Constitution of 1973. Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor. Article 17 provides fundamental right to exercise the freedom of association and the right to form unions. Article 18 says every citizen; subject to qualifications can enter a trade, business or profession of his/her choice. The article 25 of the Constitution provides following guidelines for the equality of citizens: All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the basis of sex alone.

Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. Article 26 says no person otherwise qualified can be discriminated against in the matter of employment on the basis of race, religion, caste, sex, residence or place of birth (Exceptions: specific services can be reserved for members of either sex if such posts/services require duties which cannot be adequately performed by the members of other sex, e.g. Lady Health Visitor) The article 27 puts complete ban on discrimination on the basis of sex in appointment in the service in Pakistan, provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes. Article 32 of the constitution says that special representation shall be given to women in local government institutions (i.e., local bodies). Furthermore, article 34 states that steps shall be taken to ensure full participation of women in all spheres of national life Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. Article 38(a) of the constitution commits the State to secure the well-being of the people, irrespective of, inter-alia, their sex by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. Though the legislation for Equal Employment Opportunities in Pakistan has significantly evolved with the passage of time but there is still a huge gap between its implementation. One of the main reasons for this implementation gap is the lack of awareness of these rights among the employees. You will hardly find employees suing employers for the misconduct or injustice during the employment selection process. The article 25, 26, 27 completely bans the discrimination against in the matter of employment on the basis of race, religion, caste, sex, residence or place of birth. Though there is a portion of employers (mostly multinationals) who have adopted procedures to ensure equal opportunity to some extent but one can easily find the cases of gender biasness where women are not considered equally capable for a particular job.

Similarly, minorities and protected group members often face difficulties in getting the jobs of their own choice. Ministry of Womens Development Support for Equal Pay However, Ministry of Womens Development has taken several steps to advance the work for women as well as equal pay for work of equal value but there is a long way to go until these are actually implements. Ministry of Womens Development has taken the following steps to advance the work for women as well as equal pay for work of equal value: Increasing womens capacity to earn by increasing womens access to sources of livelihood, in particular, agriculture and livestock production and promoting equal employment opportunities that accommodate women-oriented work policies for paid work. Improving facilities for the education, training and skills development for women, to enter and re-enter the labor force, including special arrangements, as specified in the draft Labor Policy for the female relatives of workers. Ensuring appropriate legislation, including the following measures: to ensure equal remuneration for men and women for work of equal value. b. Undertaking measures to make work places conducive for women workers so they can work without fear of discrimination and harassment. c. Enacting a law and guidelines to provide protection against sexual harassment at the workplace and relief/remedy in cases where it occurs. Providing special courses for women in entrepreneurial skills to assist and engage them to establish their own small-scale enterprises. The Working Women (Protection of Rights) Act, 2008. The Constitution of the Islamic Republic of Pakistan has guaranteed equal rights and protection to all citizens, as such, it is imperative to take steps for safeguard of rights of working women and to provide them with certain facilities. The role of the women as working women in the economic development of the country in Islamic Republic of Pakistan is increasing day by day and according to the Constitution, the protection of the life, property and honors is the foremost responsibility of the Government. The Bill seeks protection for the working women and providing means for the stopping of their exploitation. a. Giving effect to the ILO Convention 100 ratified by Pakistan in 2001 by enacting a law

THE PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE ACT 2010 The constitution of the Islamic Republic of Pakistan recognizes the fundamental rights of citizens to dignity of person; and it is expedient to make this provision for the protection of women from harassment at the workplace. Sometimes there may be workplace conflicts where an employee or group of employees seek sexual favors or uses sexual language, imagery or behavior in such a way as to distress and disturb another employee. While women are most commonly subjected to sexual harassment, men may experience it as well. Employees are also often harassed on the basis of their sexual orientation, ethnicity, or union membership. Even if senior management is not directly involved in this kind of behavior, an employer has responsibility for what goes on in the workplace. It is in every employer's interests to promote a safe, healthy environment in which people can work. Changing behavior and attitudes is one of the most effective ways of ensuring a harassment-free workplace. This includes having a clear anti harassment policy coupled with anti-harassment training for all staff. If harassment is alleged, the people involved should know their rights and responsibilities. Employees who commit acts of bullying or harassment should be dealt with appropriately, while employees subjected to harassment should have confidential means of placing a grievance or seeking support. With such policies in place, harassment can be dealt with promptly, efficiently, and with the least disruption and cost possible. If unchecked or badly handled, bullying and harassment can create serious problems for an organization, including: poor morale and poor employee relations loss of respect for managers and supervisors absenteeism and resignations damage to company reputation court cases and awards of damages.

Objective of this Act The objective of this Act is to create a safe working environment for women, which is free of harassment, abuse and intimidation with a view toward fulfillment of their right to work with dignity. It will also enable higher productivity and a better quality of life at work. Harassment is one of the biggest hurdles faced by working women preventing many who want to work to get themselves and their families out of poverty. This Act will open the path for women to

participate more fully in the development of this country at all levels. This Act builds on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of discrimination as stipulated in the Constitution. This Act complies with the Governments commitment to high international labour standards and empowerment of women. It also adheres to the Human Rights Declaration, the United Nations Convention for Elimination of all forms of Discrimination Against Women and ILOs convention 100 and 111 on workers rights. It adheres to the principles of Islam and all other religions in our country which assure womens dignity. This Act requires all public and private organizations to adopt an internal Code of Conduct and a complain/appeals mechanism aimed at establishing a safe working environment, free of intimidation and abuse, for all working women. Adoption of Conventions into Pakistani Laws In 1996 Pakistan ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), declaring that it would adopt legal framework for translating CEDAW provisions not only to its domestic laws, but also to its Constitution, i.e., a reservation under Article 29, paragraph 1. However, Pakistan has yet to adopt any legal framework, which had resulted in a lack of awareness among civil society in the implementation of CEDAW. Although the Articles within CEDAW vary slightly between its member states, they are fairly unanimous. Below are the Articles that are presented in Pakistans Shadow Report (I have highlighted the Articles in which I will focus on. I did however present each Article because they are all equally important in the advancement of gender equality in Pakistan): There are few articles in Pakistans Constitution that forbid gender discrimination. In Article 26 and 27 of the Constitution it states that there shall be no discrimination only on the ground of race, religion, caste, sex, residence or place of birth (CEDAW Shadow Report Pakistan 11). This is only in regards to appointment in services and access to public places. That is, nowhere in the Constitution does it clearly state the abolishment of discrimination against women, thus leaving room for the interpretation of equality of women in Pakistan. In addition, discriminatory laws exist that encumber womens equality. The Shadow Reports suggests that, the law (Constitution and other statutory laws) must define discrimination, violence against women, and acts of discrimination punishable offenses and in order to give de jure equality to women, repealing discriminatory laws such as Hudood Ordinance, Qisas and Diyat Ordinance, Qanoon-e-Shahadat is but imperative (CEDAW

Shadow Report Pakistan 15). Ratified International Instruments The support for equal employment opportunities further improved when Pakistan signed the following international instruments: ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratified on 24/1/1961) ILO Equal Remuneration Convention, 1951 (No. 100) (ratified on 11/10/2001) UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (ratified on 12/3/1996) ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) (ratified on 25/10/1994) ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on 25/3/1938) ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on 25/3/1938) ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) (ratified on 14/2/1951) ILO Night Work (Women)(Revised) Convention, 1948; and Protocol, 1990 (No. 89) (ratified on 14/2/1951) ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98) (ratified on 26/5/1952) UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954)

The other steps taken for the improvement of recruitment environment in Pakistan includes: National Policy and Plan of Action for Elimination of Child Labor (2000) National Policy and Plan of Action for the Abolition of Bonded Labor (2001) Legislations about the provision of 2% quota for special (disabled) people in the employment in all departments, which was enacted by the Disabled Persons (Employment and Rehabilitation) Ordinance 1981. Endorsement of ILO Conventions 100 and 182.

CHAPTER NO-5

CONCLUSION
The legal principles of equality and non-discrimination are at the core of international human rights treaties and declarations. However, the progress achieved in the development of international covenants against discrimination does not mean that this system as a whole is now fully satisfactory. Discrimination at work affects every country, every economic sector and all types of activity. By now, its formal condemnation is universal. This is particularly true for discrimination on the basis of race or sex, where the world has moved from ignorance or denial to awareness and remedial action. Yet, progress in eliminating discrimination has been uneven, and it has not always been sustainable. Furthermore, the quest to eliminate discrimination has taken us deeper, to the very root of the problem. While the outward manifestations of discrimination may be eliminated quite quickly, confronting and eliminating the underlying structural causes call for a great deal more work. This is particularly true for labour markets where complex interventions are needed and where deregulation or weak public policies create new constraints. Governments, employers and workers and their organizations have a common responsibility to work to eliminate discrimination in the workplace. Equal access to education and training, non-discriminatory labour market institutions and processes, and equal treatment at work are crucial for people in groups that are discriminated against to aspire to and to obtain decent work. Considerable efforts have been made to address discrimination based on sex and to promote gender equality. This is a constant and indispensable cross-cutting theme of the ILO Decent Work Agenda. However, activities have concentrated more on removing barriers to employment and perhaps not enough on inequalities in vocational education and training and in other terms and conditions of work and employment. The Organization, particularly through technical cooperation, has dealt with discrimination mainly by way of projects and programs directed at specific groups at work, such as women workers, migrant workers or workers with disabilities. This work needs to continue and to be consolidated. Sufficiently bold and innovative measures will be required to overcome some of the sensitivities of dealing more comprehensively with issues such as race, political opinion, sexual preference and behaviour, and religion. At the same time, there are also other grounds of discrimination that require greater attention. It is important for states to implement their international obligation by adopting

legislative and other measures to give effect to the nondiscrimination rights, especially to provide individual alleging discrimination an adequate effective and readily accessible machinery to settle these complaints. A big step forward in eliminating discrimination can only be achieved if a collective effort is made both at the international level and by governments.