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Women's International and Comparative Human Rights is a collection of materials that provide information and insight into the complex issues of international human rights and the laws and customs that specifically impact women in countries all over the world. These materials include: excerpted cases, statutes, treaties, newspaper articles, law review articles, books, U.N. treaty organs and committee reports, and cases emanating from regional and international tribunals. By applying an interdisciplinary approach, Professor Tiefenbrun looks into the history of the global human rights movement, the structure of the United Nations and its human rights system, and the relationship of international law to the development of international human rights laws that relate specifically to women. The book examines women's civil, political, social, economic, and cultural rights, women's human rights in armed conflict; women's fundamental right to manifest their religion; their right to be free from slavery and sex trafficking; the rights of women with disabilities; and the right of women to be free from institutionalized female infanticide, sex selection abortion, child soldiering, sexual violence and torture. The Appendix contains the major international human rights treaties protecting women and children. This book is a useful and convenient book for courses in international human rights, women and the law, and women's international human rights. "Tiefenbrun (Thomas Jefferson School of Law) successfully guides readers through the volume and presents a very complex subject in a clear manner. This important work argues that the human rights needs of women are not and should not be assumed to be identical to those of men. The author not only provides evidence but also places it in theoretical frameworks, such as feminist theory. Case study comparisons of laws in different countries meld the facts and theories and act as helpful examples. ...This book is an especially useful introduction to the limits of current international and domestic human rights laws for the protection of women." -- CHOICE Magazine, L. E. Lyons, Northwestern University
This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.
An essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.
According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.
Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.
International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.
This collection reframes the debate around Islam and women's rights within a broader comparative literature that examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality.
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.
This report is a comprehensive look at the human rights work of the Foreign & Commonwealth Office (FCO) around the world in 2011. It highlights the UK's human rights concerns in key countries and advances the promotion and protection of human rights as the focus of UK foreign policy. The publication is divided in nine sections: (1) The Arab Spring; (2) The FCO's human rights priorities; (3) Promoting British values; (4) Human rights in safeguarding Britain's national security; (5) Human rights in promoting Britain's prosperity; (6) Human rights for British nationals overseas; (7) Working through a rules-based international system; (8) Promoting human rights in the overseas territories; (9) Human rights in countries of concern. There are also some separate sections setting out a number of case studies on specific countries, including Bahrain and Egypt.