Progress on paper, challenges in practice: the state of women's rights

Legal gains are overshadowed by persistent cultural barriers.

Artwork: Dosain

09 Mar, 12:30 AM

The Maldives marked International Women’s Day on Saturday with the customary statements and . The performative gestures with red carpets, flower bouquets and chocolate gifts from previous years were absent with government offices closed for the weekend.

The annual celebrations serve as a reminder of the long road towards gender equality. Despite countless pledges, goals and action plans, progress has been painstakingly slow.

At the current pace, achieving full gender parity may take until 2158 – approximately five generations from now, the World Economic Forum estimated. This year’s campaign theme, “Accelerate Action,” emphasised the urgency of advancing gender equality.

Progress

Constitutional guarantee of same rights and freedoms for women and men

Removal of constitutional barrier for women to run for president

Strengthened legal framework with enactment of Gender Equality Act, which prohibits both direct and indirect gender-based discrimination, and lays out the duties and responsibilities of state institutions and other relevant parties to achieve gender equality

Quota introduced to reserve 33 percent seats on local councils for women with 2019 amendment to the Decentralisation Act, setting a precedent and facilitating women’s increased participation in public life and governance

Appointment of two female judges as Supreme Court justices for the first time

Gender parity in heads of missions in the diplomatic service, indicating women’s increased access to leadership positions and opportunities

For the demographic aged above 17, more women than men are enrolled in higher education (nearly 60 percent of women aged between 18 to 19 compared to 40 percent of men in the same age group).

But longstanding challenges remain. Problematic perceptions and stereotypes rooted in cultural beliefs, harmful norms, and patriarchal gender roles manifest as barriers for women in all walks of life – within households, workplaces and the public, denying them access to opportunities granted through legislation.

Present reality

Progress made on paper is not reflected in reality. Women are expected to perform a disproportionate amount of unpaid labour in the form of domestic and reproductive care work. Women remain severely underrepresented in the government, parliament and positions of power. Many women are forced to navigate a landscape rife with rape culture and lack of accountability.

Gender Based Violence (GBV) remains a pervasive problem. Despite legal frameworks promoting gender equality, violence against women persists to a disturbing degree. According to the UNFPA, one in three women in the Maldives have reported experiencing violence in their lifetime. One in four women are subjected to intimate partner violence. Additionally, 26 percent of girls and women aged 15 to 49 believe that certain circumstances can justify a partner’s violent actions.

Health disparities

Notwithstanding monumental progress in achieving the lowest maternal, neonatal and under-five mortality rates in South Asia, some women still struggle to access health services. One in three women who wish to avoid pregnancy lack access to contraceptives, according to the UNFPA.

Many women face serious health issues stemming from lifestyle diseases – two out of three women of reproductive age are anemic and half are obese, contributing to ill health and complications during pregnancy and childbirth.

About 13 percent of girls and women aged 15 to 49 have undergone female genital mutilation, the Demographic and Health Survey of 2016-2017 found. However, in spite of strong advocacy by women’s rights organisations, the country has yet to prohibit this harmful practice. The Maldives is among six countries that do not specifically address FGM within domestic laws, according to a report released last month.

Cultural barriers

The Maldives is at a tipping point as a fragile democracy in the face of rising religious fundamentalism, which is holding back women and girls and impeding the achievement of gender equality, the UN Working Group on discrimination against women and girls observed at the end of a 12-day visit in September 2022.

The experts expressed concern that fundamentalist ideologies encourage reprisals against those standing up for equality, freedom and human rights, noting that “women human rights defenders are being targeted and face misogynistic and sexist attacks.”

Action plan

The current national gender equality action plan aims to tackle all of the above, mainly focusing on:

Leadership and governance: ensure equal participation and a more equitable representation of men and women in leadership positions and governance

Economic empowerment: ensure equal participation of men and women in the country’s economic development and equitable benefits from economic engagement and empowerment

Institutional gender mainstreaming: strengthen society with improved systems within government institutions to understand and address the specific needs of women, men, girls and boys

Elimination of gender-based violence: ensure families benefit from greater personal security in the home and reduced violence against women, men and children

Access to justice: ensure equal access to justice, redress and effective remedies for men, women, boys and girls

The Maldives has been applauded for its strong commitment to gender equality in law and policy. Significant strides have been made to uphold and protect women’s rights through legislation. The challenge lies in translating these gains into practice.

Experts have welcomed new laws and recent institutional measures focusing on gender equality. But some provisions are still discriminatory and punitive, denying women and girls full human rights and freedoms. Gender-based violence is widespread and tolerated, experts have said. Survivors face many barriers in access to justice and remedies. Perpetrators appear to enjoy impunity.

“If the Maldives is to develop and prosper as a nation, it must harness the potential of women and girls rather than restrict them by societal perceptions and rules that relegate them to subordinate roles,” said the UN Working Group.

“The government must do more to address the root causes and drivers of sex and gender-based discrimination, which include belief systems that deem women as inferior and practices that deny their autonomy and agency.”

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