CHILD Protection & Rights > Protection Issues

Protecting girl children from Gender Discrimination, Female foeticide and Girl Infanticide

1. Defining Gender discrimination, Female foeticide and Girl infanticide >

Sources: Vital Statistics UN Cyber School bus, UN Secretary General's Study on Violence against Children, UNICEF.

Girl children are particularly vulnerable to human rights violations, simply because they are girls, and therefore require additional protections. They may face the different protection issues listed in the above sections from being subjected to abuse and violence to being involved in armed-forces or being discriminated in reason of disability, caste or social origin as at the same time they are at risk of discrimination and violence on the basis of their gender.

Discrimination against girl children and threatens on their life remain a global phenomenon that may occur before birth and continue beyond childhood into adulthood. Girl children are exposed to discrimination and violence in all settings, often in places where they should be protected, in their home, school, and immediate community. They are also often among the most vulnerable when familial, social or community structures collapse, such as when they are deprived of parental care or familial support, during humanitarian emergencies or armed conflicts.

The low value placed on girls subjects them to exclusion, exploitation and violence. They are particularly exposed to social, psychological, physical, mental, emotional and material risk and harm, including neglect. They are at high risk of suffering economic and social discrimination, of facing gender-based violence, harmful social and traditional practices such as child marriage or female genital mutilation, trafficking and worst forms of child labour, or of being affected by HIV/AIDS, and suffering from sexual or reproductive health complications.

They are commonly denied their fundamental rights to education, to access to medical care, services and information, to involve in their communities or to express freely but there as also denied their most basic rights such as their right to name and nationality and even their right to be born (female foeticide) and to live (girl infanticide).

Female foeticide also known as sex-selective abortion is the use of medical technology to identify the sex of the foetus and to selectively abort female fetuses. Scientific technology facilitates a series of pre-natal diagnostic tools to identify and cure any potential birth defects but it has also been misused especially in South Asia for sex-selective abortion.

Female foeticide is now practiced in different parts of the world but is especially prevalent in Southern Asia . The biological norm for birth ratios is about 105 boys born for every 100 girls worldwide, but in India and China an average of respectively 120 and 117 boys are born for every 100 girls. Female foeticide is also largely practiced in Bangladesh , Indonesia , Pakistan , South Korea , Taiwan , Vietnam and the Caucasus ( Armenia , Azerbaijan , Georgia ). These countries account for nearly half of the world's population (3 out of the world's 6.5 billion Inhabitants), the killing of girls causes a significant increase in the imbalance of the number of men and women in the world and consequently fewer wives and mothers for future generations.

The practice of female foeticide has now taken over infanticide, the practice of killing children at birth. However girl infanticide is still practiced. Some of the methods used to eliminate girl babies after their birth are: poisoning, throat splitting, starvation, smothering and drowning. Many other girl children are disposed of, often in garbage dumps, where most die. These practices illustrate the insignificance accorded to the lives of the girl children.

2. What is the impact of these discriminatory practices on girl children?

Girl Children discrimination may damage them mentally, behaviourally and physically, the impact can result in both short and long-term consequences on the individual, on their family and on the community. The impact of discrimination is largely determined by the nature, duration, extent of the discrimination that affects them as well as by the relationship of the perpetrators to the victim and the behaviour of the adults.

It can affect their mental and physical health and development, impair their ability to learn and socialize. It can lead them to run away from home, exposing them to further risks.

Disparities in the way girls and boys are raised and treated may lead to many sexual and reproductive health problems . Girls and women are more vulnerable to rape and sexual exploitation, to suffering from inflammatory diseases, urinary infections, gynecological complications, and are at high risk of contracting HIV/AIDS. Globally, young women are 1.6 times more likely to be living with HIV than young men. Of particular concern are the dramatic increases in HIV infection among young women, who now make up 60 per cent of the 15- to 24- year olds living with HIV.

Discrimination may also have severe implications for girl children's development. Low weight at birth, insufficient feeding, inadequate care and nutrition depletions caused by repeated illness may impair growth in the critical first years and reduce their learning abilities. It destroys their self-confidence, undermines their development as functional adults and mothers later in life as they are denied access to education, medical care, and sanitary basic knowledge. Gender discrimination replicates itself from generation to generation. If girls remain illiterate, they are likely to be less capable to raise healthy and educated families, to think and judge independently as well as to develop civic sense. There is discrimination even in the field of higher education. At least a 40% of girls are not allowed to pursue higher studies, due to the conservative familial ideologies.

In the most severe cases, discrimination against girls' children leads to death in cases of female foeticide, girl infanticide or neglect conducting to death. The magnitude of the practice of female foeticide and girl infanticide in Asia has been creating a worldwide demographic imbalance with important economic and social consequences. Over 100 million women are now missing in this region which will result in a 12 to 15 percent excess of young men in the next twenty years.

3. What are the reasons for girl discrimination, female foeticide and infanticide?

The root causes for discrimination, female foeticide and infanticide are complex and reflect diverse political, economical, social, cultural and religious practices.

They include:

- Traditions and cultural values influenced by 'son preference;'

- Social silence about domestic violence, household abuse, and submission of a woman to the will of her husband and relatives;

- Social /community support for early disposal;

- Vulnerability relating to the social/community/cultural identity of the girl child;

- Persistence of child marriage that prevent most of the time young women from accessing to education and emancipation;

- Lack of enabling education and socialization of girls and women;

- Large development of innovative medical, scientific techniques allowing sex detection;

- Lack of implementation of the existing legislation to effectively protect the girl child;

- Emerging sale / export's traffickers, the girl child has become an asset exchangeable for money or goods;

- Sex selection and abortion has become a lucrative business for some individuals.

4. Situation in India

- Facts and figures

According to the Government of India's first periodic report to the UN Committee on the rights of the Child, 2001, "every year, 12 million girls are born - three million of whom do not survive to see their 15th birthday. About one-third of these deaths occur in the first year of life and it is estimated that every sixth female death is directly due to gender discrimination".

UN figures out that about 750,000 girls are aborted every year in India . Abortion rates are increasing in almost 80% of the India states, mainly Punjab and Haryana.

Today, the nationwide average number of girls to every 1000 boys is 927, according to the 2001 Census. This has been on a decline since the 1991 Census. From 945 girls for every 1000 boys in 1991, the child sex-ratio has declined to 927 in 2001. The situation is alarming in some states and cities, Himachal Pradesh 896, Punjab 793, Chandigarh 845, Haryana 819, Delhi 865 and Gujarat 879.

- Vulnerability of the girl child

In many parts of India , the girl child is not valued and is even in danger of being unwelcome before birth. At every stage of her life she may be discriminated and neglected for basic nutrition, education and living standard. Much of what should be considered maltreatment is socially regarded as the 'normal/accepted' way to treat a girl child in the home or community.

Innovative techniques, like biopsy, ultrasound, scan tests and amniocentesis, devised to detect genetic abnormalities, are highly misused by number of families to detect gender of the unborn child. Amniocentesis tests were introduced in India in 1974 to detect any genetic abnormalities. They were used to detect gender for the first time in 1979 in Amritsar , Punjab , and then became a tool for sex determination and for female foeticide. The practice of this test was stopped by the Indian Council of Medical Research, but it was too late, people started using it as an instrument for selecting foetus. 

The two-child policy has got mixed up with female foeticide. The preference for at least one of two children to be a boy, often leads to the second girl born to a family being treated far worse than her older sister. Over the years it has become quite clear that if people are forced to limit the size of their families, they prefer to do so at the cost of the girl baby, even if it means that they have to "import" brides from outside their states or communities.

Unlike many other social evils attributed to poverty, the killing of female foetuses through sex-selective abortion cannot be attributed to poverty and ignorance. Indeed, it is the economically affluent states of Punjab, Haryana, districts of Gujarat, and Delhi that have the distinction of having more people who can pay for expensive tests to help choose male children over females. The capital city Delhi has 919 and 859 for slum and non-slum areas respectively. Clearly it is those who can "afford to choose," who use the technology to do so.

The inefficient legislative implementation further adds to the vulnerability of the girl child in India . Non-registration of medical facilities, the use of pre-natal diagnostic techniques, communication of the sex of the foetus, determination of sex, advertisement of sex determination, and non-maintenance of records explain also the large number of abortions.

Women are the main victims of malnutrition, poverty, high illiteracy and infant mortality; they have often no power themselves even though they have legal recourse. It is rather impossible for a woman to stand up against her husband, in-laws or parents if she wants to save her daughter.

The girl child may also be less accessible than boy children. Both protection and development services have to strive to reach girl children. Out-patient data from hospitals in northern Indian cities shows lower admissions of girl-children, and girls who are in a more serious condition than boys when brought for treatment. An August 2004 spot-check at one hospital showed 25,538 boy-children and 12,645 girl-children in the OPD records, 3,822 boy-babies as against 3,160 girl-babies born in hospital, and 1,954 boy-children admitted to a paediatric ward as compared to 1,091 girls.

- Participation by Government, Civil Society and Media

In a country like India , a caring and protective environment for girl children does not develop easily. Failure to ensure protection of the girl children entails their promotion, prevention and rehabilitation. However, many initiatives have been developed and legislation exits in theory to protect girl children.

Some exemplary district administrations have taken a lead in combating this problem. In a district of Andhra Pradesh, a system of methodically auditing all scan centers in the district was introduced. Details of the scans, the personal information of the families were noted and authorities were able to follow up on the cases until the birth of the children. The district handed out 361 notices, suspended 91 registrations, and seized 54 scan machines. Three suppliers were prosecuted for distributing the pre-natal diagnostic machines without proper registration.

In Haryana, the 'Ladli' scheme for the girl child was drawn up by the State Government to provide incentives to the family. Under this scheme, a sum of Rs. 5000/- per annum for five years is paid to couples giving birth to a second girl child (Rs. 2,500/- for each of the two girl children). This money is invested in Kisan Vikas Patras in the joint names of the second girl child and the mother. In case the mother is not alive, then this money is transferred to a joint account of the second girl child and father.

Non-governmental organisations (NGOs) have also organized campaigns, rallies and programs to raise awareness about female foeticide around the country. They work with various stakeholders including other NGOs, governmental agencies, media, medical professionals, opinion makers, religious leaders, role models, youth icons and the communities.

Media highlighted the problem through investigative reports and articles, they launched widespread awareness campaigns in the form of video spots on national and private television stations.

5. International and National Framework

- International Framework:

Discrimination against girl children, female foeticide and girl infanticide are in direct violation of both the UN Convention on the Rights of the Child (UNCRC) and the international Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

The United Nations Convention on the Rights of the Child provides for instance for the right to non-discrimination (Article 2), for the right to life (Article.6) and development in a context where the girl child is protected from abuse, exploitation or neglect. (To read more on the provisions of the UN CRC ; link with Child Protection and Child Rights/International level/ Instruments/ UNCRC)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979, is the most extensive and widely-ratified international agreement promoting the rights of girls and women. The CEDAW is considered to be equivalent to an international bill of rights for women, defining what constitutes discrimination and providing an agenda for action. It states the negative consequences of female discrimination and seeks full equality between men and women, in all fields of political, economic, social and cultural life. States that have ratified CEDAW must take concrete steps, such as enacting laws, establishing women's rights commissions and creating conditions to ensure that the human rights of girls and women are fulfilled. Their progress is monitored by the UN Committee on the Elimination of Discrimination against Women.

- National Framework:

The Constitution of India guarantees:

. Equality before the law and equal protection of laws to each and every person in the country (Article 14).

. Prohibits discrimination on grounds of race, caste, sex, descent, place of birth or residence (Article 15).

. Prohibits discrimination on grounds of race, caste, sex or place of birth in any public employment (Article 16).

(To read more on the provisions of the Constitution ; create link with Child Protection and Child Rights/national level/Constitution)

The National Charter for Children (link, part Instruments/National level/national policies) refers also especially to the protection of the girl child.

The main law for prosecuting persons who are engaging in sex selective abortion is the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. (link with part CPCR / National / Legislation ) This Act provides for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide.

. It prohibits misuse and advertisement of pre-natal diagnostic techniques for determination of sex of foetus, leading to female foeticide.

. It permits and regulates the use of pre-natal diagnostic techniques for detection of specific genetic abnormalities or disorders and use of such techniques only under certain conditions and only by the registered institutions.

. It gives punishment for violation of the provisions given in the act.

. The complaint made by any person should be first given to the appropriate authority with the notice of not less than thirty days for proper action and with the intention to make a complaint to the court.

On 17 January 2003, India amended its Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 that was renamed Pre -Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT) of 2003 .

The 2003 amendment (Link: ) is designed to strengthen the provisions of the previous Act.

. It prohibits the causing of sex selection before or after conception;

. It enlarges the scope of procedures and tests that are prohibited and categories of clinics and laboratories that are subject to the provisions of the Act;

. It broads advertising prohibitions;

. It prohibits the sale of any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting the sex of a foetus to any clinic or person not registered under the Act;

. It prohibits any procedure, technique, test or the administration of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex;

. It requires persons carrying out tests allowed by the Act to keep records;

. It provides for imprisonment of up to five years and a fine of up to Rs. 1,00,000 for violators of the Act;

. It creates state boards to monitor the implementation of the Act and;

. It enlarges the powers of officials to enforce the provisions of the Act.

Apart from this law , the relevant sections from the Indian Penal Code can be used to prosecute for Female Foeticide and Female Infanticide.

. When death is caused by a person (Section 299 and Section 300).

. Voluntarily cause a pregnant woman to miscarry the unborn baby (Section 312).

. Act done with intent to prevent a child being born alive or to cause it to die after birth (Section 315).

. Causing death of an unborn child (Section 316).

. Exposing and abandoning of a child below 12 years (Section 317).

. Concealing the birth of a child by secretly disposing her/his body (Section 318).

The punishment for these offences extends from two years up to life imprisonment, or fine or both.

Constituted by the Indian Parliament in the Medical Council Act, 1956, the relevant section of the Code of Medical Ethics states: "On no account, sex determination test shall be undertaken with the intent to terminate the life of a female foetus developing in her mother's womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971.

Any act of termination of pregnancy of normal female foetus, amounting to female foeticide, shall be regarded as professional misconduct on the part of the physician leading to penal erasure besides rendering him liable to criminal proceedings as per the provisions of this Act (Clause 7.6). "

6. Some initiatives to tackle gradually discrimination against girl child and to protect their lives.

Many initiatives have been developed by government and non-government actors to protect more effectively the girl child. Girl discrimination can be gradually challenged. Negative gender-based norms and practices may be transformed through educational, social, legal and other processes that promote equality of girls and boys. Girl children need both preventive and corrective protection.

National governments have to implement, through policy statements, program development, and resource allocation the commitments to girls' rights made through international agreements. Government, international and regional agencies as NGO's could commit themselves to address patriarchy, son preference as well as negative stereotypes and practices, and to empower girls to realize their human rights. Effective implementation of the existing legislation, existence of penalty and punishment, legal and policy reforms, advocating for women and gender-sensitive data collection, development of projects that improve women's health and expand their choices in life are also necessary.

It is essential to give young girls adequate information, guidance on reproductive and sexual health and to provide them with necessary services to protect their health and development. Educating girls and providing them with skills development and training is a powerful lever for their empowerment, as well as for reducing poverty. Education can translate into economic opportunities for women and their families. Girls who are educated are also likely to marry later and to have smaller, healthier families. Education helps girls to know their rights and claim them, for themselves and their families. A girl's life will be determined by how the mother is living and whether her rights are respected. If a mother, who was lucky enough to survive the birth of her children, has no education, labours long hours, is denied the right to own property and control resources, she will be condemned to a life of poverty making it difficult for her to provide a better life for her child. It is consequently of utter importance to address early the root factors of gender inequality. G ender equality may help to promote the active participation of girls as agents of change in their own lives, families, communities and societies and to overcome gradually poverty.

It is also essential to educate boys at school to respect, consider and even protect girls and women.

Some initiatives developed by NGOs and governments to fight against female foeticide and girl infanticide include:

. Mass campaigns and rallies for awareness;

. Workshops, lectures, video spots , advertising and publication of articles;

. Piloting of conditional cash transfer schemes to support the survival and development of the girl child;

. Universal birth registration;

. Registration of pregnancies;

. Registration of ultrasound clinics;

. Collecting data on the status of the girl child, on still-born sex ratios and aborted foetuses sex ratio;

. Constitution of vigil communities/task forces.

It is also necessary to consider what happens to girl children rescued or recovered from exploitation or abuse. Mechanisms for their recovery as well as their rehabilitation need to be developed. Existing schemes tend to emphasize restoration to the family setting however in many cases - for a girl child rescued from early marriage, sale rape, or a child recovered from a hostility/conflict zone - the family of origin may not be the best option available for re-location. Mechanisms are essential to provide shelter, counseling, possibility of foster or alternate placement, re-entry into schooling or development programs and for any prosecution of offenders.

Child protection services at the local level must exercise special vigilance on the situation of girl children in every community. They will need to devise special needed approaches to serve girl children at all stages of childhood. An alerting and protecting mechanism must emerge and operate at the local level

7. Resources

Some Links:

CRIN: http://www.crin.org/themes/ViewTheme.asp?id=6

Indian Child: http://www.indianchild.com/girlchild/save-the-girl-child.htm

NGO Working Groups on Girls: www.girlsrights.org

Save Girl Child Organisation: http://www.savegirlchild.org/

UN - Cyber school bus : http://www.un.org/cyberschoolbus/briefing/girl/index.htm

UN - Committee and Convention on the Elimination of Discrimination against Women:

http://www.un.org/womenwatch/daw/cedaw/committee.htm

UN - Report of the Secretary-General, The girl child - (A/62/297):

http://www.reliefweb.int/rw/RWB.NSF/db900SID/KHII-7845H9?OpenDocument

UN - Women Watch, Beijing Conference +5: http://www.un.org/womenwatch/confer/beijing5/

UNEGI - The United Nations Girls educative Initiative: http://www.ungei.org/resources/1612_1721.html

UNICEF:

http://www.unicef.org/protection/index_discrimination.html
http://www.unicef.org/gender/index.html http://www.unicef.org/girlseducation/index.php

UNIFEM: United Nations Fund for Women: www.unifem.org

UNFPA: United Nations Population Fund: http://www.unfpa.org/gender/girls.htm

Women Watch: www.un.org/womenwatch

Some publications on Discrimination against Girl Child, Female Foeticide and Girl Infanticide.

- A girl's right to live - Female Foeticide and Girl Infanticide . Working Group on the Girl Child, NGO Committee on the Status of Women - Geneva Conference of NGOs with Consultative Status with the United Nations ( CONGO ) . Available online:
http://www.ifuw.org/advocacy/reports/2007-girls_infanticide.pdf

- Elimination of all forms of discrimination and violence against the girl child. Expert group meeting. 2006

http://www.un.org/womenwatch/daw/egm/elim-disc-viol-girlchild/EGM%20Report_FINAL.pdf

- Because I am a girl, the state of the world's girls . Plan International, 2007.

Many of the challenges girls face will start from the moment they are born; in fact in some parts of the world girls are the target of social preference before they are even born. This is the first in a series of reports to be published to 2015, which will follow a cohort of 135 girls born in 2006 to look at how their gender impacts on their lives.

Available online:
http://www.plan-international.org/pdfs/becauseiamagirl.pdf

- Gender Equity policy . Save the Children, 1999.

This publication challenges all forms of discrimination, especially that based on sex, age, social class, disability, HIV status, sexual preference, religion, race and ethnicity.

Available online:
http://www.savethechildren.net/alliance/resources/gender_equity.pdf

- State of the World mother 2005: The power and promises of girl education. Save the Children. 2005.

Avail able online

- The State of the World's Children 2007. Women and Children: The double dividend of gender inequality. Executive summary. UNICEF, 2006. Available online:

- The State of the World's Children 2007. Women and Children: The double dividend of gender inequality. Full Report. Available online:

Some publications on discrimination against Girl Child and Female Foeticide and Infanticide in India .

- The Status of Children in India : An alternate report to the United Nations Committee on the Rights of the Child on India 's first periodic report. Asian Centre for Human Rights, 2003, 116 pages.

- A girl's right to live - Female Foeticide and Girl Infanticide. Working Group on the Girl Child, NGO Committee on the Status of Women. CONGO .

Available online:
http://www.ifuw.org/advocacy/reports/2007-girls_infanticide.pdf

- Subgroup Report on Child Protection for the 11 th Five Year Plan (2007-2012). Ministry of Women and Child Development. Girl Child, 17-23. A vailable online : http://wcd.nic.in/wgchilprotection.pdf

- Female Foeticide, coerced marriage and bonded labor in Haryana and Punjab : a situational analysis. Shakti Vahini, 2003. Available online: http://www.shaktivahini.org/assets/templates/default/images/situationalreport.pdf