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As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.
In the first major study of postwar social movement organizations in Canada, Dominique Clément provides a history of the human rights movement as seen through the eyes of two generations of activists. Drawing on newly acquired archival sources, extensive interviews, and materials released through access to information applications, Clément explores the history of four organizations that emerged in the sixties and evolved into powerful lobbies for human rights despite bitter internal disputes and intense rivalries. This book offers a unique perspective on infamous human rights controversies and argues that the idea of human rights has historically been highly statist while grassroots activism has been at the heart of the most profound human rights advances.
In the mid-1980s, the Abella Commission on Equality in Employment and the federal Employment Equity Act made Canada a policy leader in addressing systemic discrimination in the workplace. More than twenty-five years later, Employment Equity in Canada assembles a distinguished group of experts to examine the state of employment equity in Canada today. Examining the evidence of nearly thirty years, the contributors – both scholars and practitioners of employment policy – evaluate the history and influence of the Abella Report, the impact of Canada’s employment equity legislation on equality in the workplace, and the future of substantive equality in an environment where the Canadian government is increasingly hostile to intervention in the workplace. They compare Canada’s legal and policy choices to those of the United States and to the UN Convention on the Rights of Persons with Disabilities, and examine ways in which the concept of employment equity might be expanded to embrace other vulnerable communities. Their observations will be essential reading for those seeking to understand the past, present, and future of Canadian employment and equity policy.
Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.
Western feminists have long treated the rule of law as an essential ingredient of social justice; however, as the contributors to this collection remind us, meaningful justice remains out of reach for many women and racialized minorities precisely because the law turns a blind eye to the inequities that structure their daily lives. In fourteen chapters that open vital debates about the erosion of the welfare state and the media's complicity in concealing political injustice, Within the Confines details the brutal ironies of a society that criminalizes the vulnerable while absolving the elite. Distinctive in its focus on Canada, the book traces the linkages among racial, ethnic, sexual, and economic vulnerability and reveals the inadequacies of legislative approaches to socio-historical problems such as drug trafficking, homelessness, infanticide, and the legacies of settler colonial violence. In accessible prose, the authors dismantle the myths behind topics that are often sensationalized in the media-pornography, single motherhood, sex work, filicide, gangs, domestic abuse, prison conditions, HIV nondisclosure-and present alternative arguments that expose the justice system's role in widening the gap between the rich and the poor. What emerges is a poignant challenge to the neoliberal fable that women and minorities in Western democracies now enjoy full equality and an urgent call to action for those who seek to shift institutional norms in more equitable directions. A valuable resource for a wide range of fields, including criminology, sociology, social anthropology, gender studies, political science, social work, and legal history, this multidisciplinary volume offers a fresh perspective on the disturbingly predictable judgments that criminalized women face in Canada.
Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
The first report in this compilation examines whether the Canadian Human Rights Act (CHRA) should contain an open-ended clause that would prohibit discrimination on grounds other than those specifically listed in the Act. The second report examines whether, and how, social & economic rights can be effectively protected under the CHRA. It reviews findings & recommendations of United Nations treaty monitoring bodies, studies the issue from a domestic perspective, and considers how new social & economic rights guarantees under the CHRA should be formulated. The third report discusses whether adding "social condition" to the CHRA's grounds of discrimination would provide protection from discrimination occurring because of the negative stereotyping of people with low incomes. The final report analyzes 453 sexual harassment complaints filed by women against both corporate & individual respondents between 1978 and 1993. It examines dispositions, remedies, length of time to case resolution, and the monetary compensation awarded.