A critical analysis of how the access to justice framework has supported the role of women empowerment in the international arena: customary law vis a vis international women's human rights, a brief analysis of CEDAW: The case of Zimbabwe and India

Abstract

The research sought to examine how women globally have been empowered economically, socially, academically and legally from the Access to Justice Framework seeing there at times exists a glaring contrast in customary law and International law, and also in brief assessing how the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) under the Access to justice Framework has, if at all alleviated the plight of women in all spheres of existence. Indeed women have been and still are a disadvantaged group, they own one percent of the world’s property and resources, perform sixty per cent of the labour, and are the majority of refugees, illiterate and poor persons.” “While women represent half the global population and one third of the paid labour force and are responsible for two thirds of all working hours, they receive only a tenth of world income and own less than one percent of world property.”(Tickner 2006:276). More than half of the world population is wo men, but the presence of women on the International arena is still limited. Women without doubt have participated in all spheres in life, sometimes equally as compared to men, if not more, but their proper recognition a remains elusive. Thus it is the crux of this research to see how International Law has advanced women’s cause. CEDAW is a treaty that has at its core values, the eradication and elimination of all forms of discrimination towards women. Member countries that have signed this treaty are bound by its objectives and have to ensure that their countries align the necessary laws to incorporate CEDAW into the respective member states domestic law thereby creating a binding effect on the latter. However compliance in full is yet to be realised as some countries hold their domestic customary law in high esteem. This research also focused on two countries being India and Zimbabwe and how women in these countries have accessed the justice framework if at all it is accessible. It is again important in this research to see how the justice machinery can be well oiled so that it is easily accessible to every woman regardless of their status in society and their location. The main objective of this research is to ensure that the domestic law of the said countries is aligned as per CEDAW’S provisions