Relating to gender justice-Decided Case
Writ Number 2822
Year : 2062
Petitioner and Respondent: Advocate Prakash Mani Sharma v. His Majesty’s Government, Women, Children and Social Welfare Ministry, et al. al.
The Court held that Nepalese government had failed to enact legislation that would guarantee women a safe and healthy work environment, and other employment protections, as required under international law, including CEDAW (article 11), ICESCR (article 7) and the Interim Constitution (articles 11, 12, 13, 18 and 20) and ordered the government to enact the necessary laws for monitoring, controlling and supervising “cabin and dance restaurants” in Nepal. In the interim, the Court issued guidelines to protect women workers including the establishment of a monitoring mechanism to ensure there registration of these businesses, the payment of a minimum wage, as well as protecting women from sexual harassment. On the latter, the Court cited CEDAW Recommendation n. 22, stressing that: “Equality in employment can be seriously impaired when women are subjected to gender specific violence such as sexual harassment in the work place.
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