Bhutan upholds the concept of gender equality. The status of women is largely influenced by the country’s Buddhist traditions and values, which view men and women as equals. Because of this general view of equality, however, the country has not yet established specific laws to protect against the discrimination of women; some traditions and norms continue to limit women’s roles.
Women are represented in most spheres of society but still to a lesser extent than men; the exception is the agricultural sector, in which women dominate. Their opportunities and economic participation outside the household vary amongst communities and ethnic groups, sometimes following local customs and traditions that are discriminatory. Women belonging to the Hindu minority are subject to different norms and religious practices. Until very recently, birth certificates were rare in Bhutan; thus age-specific data in this report should be interpreted with care.
Legislation in Bhutan provides women with a moderate degree of protection in relation to family matters. Following the Marriage Amendment Act of 1996, the legal age for marriage is 18 years for both men and women. Nevertheless, both sexes engage in common-law marriages as early as the age of 15 years. In such cases, the Court of Law typically does not issue the certificate required for the marriages to be legally recognised.
Marriages based upon mutual consent and affection may be the preferred norm but arranged and early marriage still occurs, particularly in rural areas. In contrast to many other developing countries, married girls usually stay in their parental homes and their husbands come to live with them. This practice can, to some extent, be seen as incentive for parents to marry their daughters young as a means of bringing additional workers into the household. A 2004 United Nations report estimated that 27 per cent of Bhutanese girls between 15 and 19 years of age were married, divorced or widowed.
The practice of polygamy is permissible by law but dependent on consent of the first spouse. The practice is accepted in the south, some parts of western and central Bhutan as well as among some nomadic communities in the north.
With regard to parental authority, the law grants custody of children under the age of nine years to the mother in the event of divorce. The father is obliged to pay child support until the child reaches the age of 18.
Bhutanese inheritance law provides for equal rights for all children, regardless of sex or age. In western and central Bhutan, inheritance follows matrilineal family systems by which land is usually inherited through the mother. Patrilineal inheritance norms dominate in the south.
Women in Bhutan have a moderate degree of protection for their physical integrity. As there is no specific law related to violence against women, these crimes are covered by general judicial provisions. Domestic violence, including spousal rape, occurs but women often do not report these incidences. Further, the law recognises only physical battery as marital violence; psychological and sexual abuses are not specifically included. One particularly vulnerable group is Bhutanese women in Nepali refugee camps. Women in the south are exposed to sexual assault and violence associated with cross-border raids.
Female genital mutilation is not a general practice in Bhutan. With regards to missing women, a study by Hudson and Den Boer calls Bhutan a “country of concern”.
Women in Bhutan enjoy rights to financial autonomy. Matrilineal inheritance systems grant women access to land, as well as ownership. An estimated 60 per cent of rural women have land registered in their names and a majority of Bhutanese women work in the agricultural sector.
Men and women have the same legal rights and access to property other than land.
Women also have access to bank loans and other forms of credit. Reviews of traditional credit patterns, however, show that men dominate in financial decision making.
Bhutanese women face several obstacles to exercising their civil liberties. Women are not legally restricted in terms of freedom of movement. Their responsibilities as mothers, wives and homemakers, however, make them less likely than men to work or travel far from the family residence. This is particularly true in southern Bhutan. Rural women may also face constraints; it is advised that they have a male companion if they are to move outside of their local community.
All Bhutanese citizens, both men and women, are subject to a national dress code. When in public, women are expected to wear the traditional kira, which they fold to create an ankle-length dress. Men wear a heavy knee-length dress called a gho. Thus, men and women are equally affected by limitations on freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2003), Consideration of Re¬ports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Bhutan, Combined Initial, Second, Third, Fourth, Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/BTN/1-6, CEDAW, New York, NY.
Hudson, V. and A. Den Boer (2005), “Missing Women and Bare Branches: Gender Balance and Conflict”, ECSP (Environmental Change and Security Program) Report, No. 11, The Woodrow Wilson International Center for Scholars, Washington, DC.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
Royal Government of Bhutan (2005), Millennium Development Goals Progress Report 2005: Bhutan, Royal Government of Bhutan Ministry of Finance, Department of Planning, Thimphu.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UNESCO (United Nations Educational, Scientific and Cultural Organization) Bangkok (n.d.), Bhutan Country Profil, Country Specific ARSH Information, Ch. 5, UNESCO, Bangkok, www.unescobkk.org. Accessed: May 2008
