Human Rights, Gender and Social Inclusion
Framework
Human rights operate at three layers: international (UDHR 1948; ICCPR, ICESCR, CEDAW, CRC, CAT and CRPD, all ratified by Nepal), constitutional (Part 3, especially articles 18 equality, 20 right to justice, 38 women, 39 children, 40 Dalits, 42 social justice, 43 social security) and statutory.
Statutory toolkit
- Human Trafficking and Transportation (Control) Act 2064
- Domestic Violence (Offence and Punishment) Act 2065
- Sexual Harassment at Workplace (Prevention) Act 2071
- Caste-based Discrimination and Untouchability (Offence and Punishment) Act 2068
- Rights of Persons with Disabilities Act 2074
Institutions: National Human Rights Commission (constitutional since 2015, Paris Principles ‘A’ status, recommends but does not prosecute), National Women Commission, National Dalit Commission, and police Women and Children Service Centres working with hospital One Stop Crisis Management Centres.
Inclusion
Quotas: at least one of mayor/deputy mayor or chair/vice-chair in every local level must be a woman; a woman ward member is mandatory; the federal parliament carries a 33% women requirement. Gender-responsive budgeting has been used since fiscal year 2007/08.
Worked example
A female constable is denied a training place given to junior male colleagues. Route: an internal complaint under the Sexual Harassment Act only if the conduct is sexual; otherwise article 18 equality plus CEDAW article 11 on employment, a departmental grievance, an NHRC recommendation, and finally a writ. Reasoning: identify the type of discrimination first - the wrong statute loses the mark even with correct facts.
Traps
- Saying the NHRC ‘files cases’; it inquires and recommends.
- Equating gender with women only; GESI includes men, boys, LGBTIQ+ and intersectional caste and ethnicity.
- Mixing equality (same treatment) with equity (differential treatment for equal outcomes).