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Wednesday, June 6, 2012
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Nature of the Case

Supreme Court order requiring State enforcement of international and constitutional protections of women in the workplace; International and constitutional protections of women’s rights; Employment law; Positive obligations; Sexual harassment and dangerous/hostile work environment; Judicial review; Standing.

Enforcement of the Decision and Outcomes

After the decision, several ministries including the Ministry of Women, Children and Social Welfare began establishing work plans in accordance with the provisions of the Court’s guidelines. It was also reported that Pro Public would work with the Supreme Court to publish the guidelines and ensure their distribution to all interested stakeholders including local governmental and non-governmental entities who would coordinate efforts to ensure the guidelines implementation.

Significance of the Case

Advocates argued that this judgment added a new dimension to the role played by the Supreme Court in terms of ensuring the full implementation of constitutional and human rights mechanisms. For example, this decision highlighted a new tactic for Court of issuing guidelines concerning important rights issues where the Nepalese Parliament has failed to act, including using the provisions of international instruments like the CEDAW as a template. It also led to discussions between business owners and women working in cabin and dance restaurant with regard to implementation issues.

Groups Involved in the Case

Pro Public