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Molle, Nur Reski, Irma Halimah Hanafi, and Popi Tuhulele. "Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women." TATOHI: Jurnal Ilmu Hukum 3, no. 3 (June 3, 2023): 223. http://dx.doi.org/10.47268/tatohi.v3i3.1588.
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Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.
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Choirunnisa, Sutiani. "Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)." Indonesian Journal of International Clinical Legal Education 3, no. 3 (September 30, 2021): 367–80. http://dx.doi.org/10.15294/ijicle.v3i3.48266.
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guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).
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Burrows, Noreen. "The 1979 Convention on the Elimination of All Forms of Discrimination Against Women." Netherlands International Law Review 32, no. 03 (December 1985): 419. http://dx.doi.org/10.1017/s0165070x00011074.
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Spinu, Oleg. "The history of establishing the principle of nondiscrimination in public international law." Supremacy of Law, no. 1 (December 2023): 164–73. http://dx.doi.org/10.52388/2345-1971.2023.1.17.
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The history of establishing the principle of non-discrimination in international public law is marked by the progressive evolution of international consciousness regarding the necessity of guaranteeing equality and fundamental rights for individuals and states. An important moment in the history of affirming non-discrimination was the adoption of the United Nations Charter in 1945, which states in the preamble that all UN members must promote respect for the fundamental rights of humans without distinction of race, sex, language, or religion. Subsequently, the Universal Declaration of Human Rights in 1948 consolidated these principles and asserted that all people are born free and equal in dignity and rights. Another significant moment was the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination in 1965, representing a major step in addressing discrimination based on race. Later, the Convention on the Elimination of All Forms of Discrimination Against Women in 1979 and the Convention on the Rights of the Child in 1989 expanded these principles to cover other categories of individuals.
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Rufanova, Viktoriia Mykolaivna. "Formation of the modern paradigm of countering gender-based violence in the activities of international organizations." Herald of the Association of Criminal Law of Ukraine 2, no. 16 (December 20, 2021): 261–78. http://dx.doi.org/10.21564/2311-9640.2021.16.244320.
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The author conducted a retrospective review of the activities of international organizations through the prism of their role in forming the legislative foundation for combating gender-based violence. It is noted that for the first time at the international level the norm of equality of all people was enshrined in Art. 2 of the Universal Declaration of Human Rights in 1948. An important step towards combating gender-based violence was the signing in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Istanbul Convention visualizes the issue of gender-based violence. It has been determined that women and girls are increasingly exposed to severe forms of violence, such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honor", and genital mutilation, which constitutes a significant violation of human rights. for women and girls and is a major obstacle to achieving equality between women and men.
The author singles out three conditional periods of formation of the modern paradigm of counteraction to gender - based violence in the activity of international organizations: 1) 1945 - 1974. The basic foundations of gender equality are laid at the level of the UN Charter and the Universal Declaration of Human Rights. Combating gender-based violence was not considered through the prism of sex discrimination. The activities of the world community were aimed primarily at combating discrimination against women in the political, socio-economic and cultural spheres of society. 2) 1975-2010.During this period, all 4 World Conferences on the Status of Women were held. In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. Articles 30 of the Convention clearly define discrimination against women and propose an agenda for action at the national level to end such discrimination. The Declaration on the Elimination of Violence against Women, adopted by the General Assembly in 1993, contains a definition of violence against women. 3) 2011 - to the present time. This period covers the process of realizing the scale of the spread of gender-based violence. A key event of this period was the adoption in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Activation of the world community to intensify the fight against gender-based violence. Adoption of sustainable development goals, in which gender equality is recognized as the general idea (Goal 5) and condition of sustainable development.
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Modeawi, Modeste Ndaba, JP Ndolete Geregbia, Gédéon Ngembomba Bindo, Jean-Paul Koto-Te-Nyiwa Ngbolua, and Monizi Mawunu. "Violation of the Convention on the Elimination of All Forms of Violence Against Women: A Case of Flagrancy in Kisangani City (Tshopo Province), DR Congo." Humanities & Language: International Journal of Linguistics, Humanities, and Education 1, no. 2 (March 30, 2024): 42–50. http://dx.doi.org/10.32734/awr41691.
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The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) imposes on signatory States the obligation to implement and apply legal measures promoting equality and the elimination of gender discrimination. The General Assembly adopted it in 1979. Violence against women is, on the one hand, one of the most systematic and widespread forms of human rights violation in the world and, on the other, a socio-economic problem that impacts social harmony, economic growth and threatens overall development progress. The consequences include the deterioration of women’s mental and physical health, disruption of communities, and a decrease in economic productivity. The manifestation of unequal power relations between women and men is one of the most extreme forms of gender-based discrimination and an attack on the dignity and fundamental rights of women and girls. Gender-based violence stems from structural causes linked to the norms and values of a society, culture, or community. These factors legitimize and perpetuate various gender inequalities based on a hierarchy of relationships between men and women, thus contributing to gender-based violence. Harmful stereotypes and traditional expectations further bolster these inequalities, restricting women's autonomy and frequently rationalizing acts of violence. At the beginning of October 2023, a woman was subjected to cruel and degrading treatment, tied up and beaten by law enforcement officers in Kisangani, the capital of Tshopo province, on the orders of her ex-husband; the latter, using his position as a public official, ordered the arrest and beating of his ex-wife by law enforcement officers; As a result, the person who gave the order and the officers who carried out the manifestly illegal order were prosecuted and convicted, in accordance with the Declaration on the Elimination of Violence against Women, which requires States to act with due diligence to prevent, investigate and punish acts of violence against women in accordance with national law, whether perpetrated by the State or by private persons. Every woman has the right to respect for the inherent dignity of the human person and to recognition and protection of her human and legal rights. This article is timely and calls for the unfailing application of provisions on respect for the recognised rights of women and girls, in the interests of a fairer and more balanced society.
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Ostrouch-Kamińska, Joanna, Cristina C. Vieira, and Barbara Merrill. "Gender sensitive research in adult education: Looking back and looking forward to explore what is and what is missing in the research agenda." European Journal for Research on the Education and Learning of Adults 12, no. 2 (May 31, 2021): 129–33. http://dx.doi.org/10.3384//rela.2000-7426.3684.
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Despite legislation, policies and practice, and while some progress has been made in many countries, there are still no countries who have achieved a hundred per cent gender equality (Gender Equality Index, EIGE, 2019). Over the years this has included several supranational agreements and mandatory regulations signed by countries such as the Convention of the Elimination of all Forms of Discrimination against Women (CEDAW, 1979), the Platform of Beijing (1995), the Istanbul Convention (2011), and more recently the UN Sustainable Development Goals (2015), among others. The failure of these initiatives indicate that gender inequality, discrimination and prejudice suffered by women are embedded in structural unequal power relations. The ultimate goal of the ‘gender mainstreaming principle’ is the integration of a gender perspective into the preparation, design, implementation, monitoring and evaluation policies, regulatory measures and spending programmes (including research ones), with a view to promoting gender equality between women and men, and combating discrimination.
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Al-Rasbi, Talal, and Ahmed Eltohami Anwar. "Women’s Right to Transmit Nationality to their Children: Appraisal of the GCC States’ Obligations under CEDAW." International Journal of Religion 5, no. 11 (June 28, 2024): 2414–21. http://dx.doi.org/10.61707/8h09wm96.
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The GCC States: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates have affirmed their commitment to human rights when they ratified the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW). Stressing their commitment to such international human rights instrument in theory does not reflect their practice, especially where women face legal forms of discrimination, in particular, when they do not enjoy the same nationality rights as men, e.g. the right to pass nationality to their children. The GCC States attempted to evade such obligations by entering reservations to Article 9(2) of CEDAW, or in other words they put a spoke in the wheel. However, this study demonstrated that their reservations are inadmissible because they are incompatible with the provisions of the CEDAW. This study demonstrated that the GCC States reservations to Article 9(2) of CEDAW are incompatible with the object and purposes of both conventions, and therefore should be void.
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Agwor, Desmond O. N., Empire Hechime Nyekwere, and Innocent C. S. Okogbule. "A Legal Assessment of the Protection of the Human Rights of Women and Children under the United Nations 2030 Agenda for Sustainable Development Goals (SDGs) in the Light of Some Selected Human Rights Instruments." Global Journal of Politics and Law Research 10, no. 8 (August 15, 2022): 55–80. http://dx.doi.org/10.37745/gjplr.2013/vol10n85580.
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The violations and abuses of the rights of women and children has been a source of global concern for decades. The United Nations (UN) has made several international efforts to protect the rights and freedoms of women and children starting with the adoption of the Universal Declaration of Human Rights (UDHRs) by its General Assembly in Paris on 10 December 1948, which sets out, for the first time, fundamental human rights to be internationally safeguarded. Other efforts which the UN has made to protect the rights of women include the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1949, Equal Remuneration Convention 1951, Convention on the Political Rights of Women 1952, Convention on the Nationality of Married Women 1957, Discrimination (Employment and Occupation) Convention 1958, Convention against Discrimination in Education 1960, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 1962, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979. Similarly, efforts which the UN has made to protect the rights of children include the UN General Assembly Declaration of the Rights of the Child 1959, the UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) 1985, the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children 1986, the UN Convention on the Rights of the Child 1989, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2003. However, despite these global efforts made by the UN to protect the rights of women and children, there still exist rampant cases of the violations of the rights of women and children globally. Therefore, the UN, in 2015, made further efforts to protect the rights of women and children through its 2030 Agenda for Sustainable Development Goals (SDGs). This article, which adopted the doctrinal research methodology, assesses the protection of the human rights of women and children under the United Nations 2030 Agenda for SDGs in the light of some selected human rights instruments.
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Mohd Nazish. "United Nations and Women’s Rights: A Historical Analysis of CEDAW." Sprin Journal of Arts, Humanities and Social Sciences 3, no. 1 (January 26, 2024): 40–47. http://dx.doi.org/10.55559/sjahss.v3i1.224.
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The problem of discrimination against women is pervasive. Peripheralization of women increased with time and was considered as normal in the culture ruled by males. Gender equality and justice based on the individuality of women was not the concern of international human rights legislations in the outset. Establishment of the United Nations as a champion of equality acts as a light to the proponents of equality and gender justice to struggle against the prevailing prejudice against women. With enshrining equality between sexes in its Charter, the United Nations enacted various policies and programmes pertaining to women. Over the years UN made various attempts to minimise the prejudice against women and to give equal opportunity to them. The most major success of the United Nations in this area was the adoption of the “Convention on the Elimination of All forms of Discrimination Against Women” (CEDAW) in 1979. The present paper traces the historical journey of CEDAW with analysing the initiatives taken by United Nations for the promotion and protection of women’s rights. The adoption of the CEDAW was most significant success and a key step in the United Nations' mission to end discrimination against women. The Convention addresses the hole caused by the non-recognition of women's individuality. It compensates for the international human rights law's failure to include non-state actors within its reach. CEDAW is an international agreement that defines worldwide norms and the internationally acknowledged ideal of gender equality.
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Syroyid, Tetyana. "Women’s right to health – modern challenges: international legal aspect." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4 (December 29, 2020): 74–81. http://dx.doi.org/10.31733/2078-3566-2020-4-74-81.
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The article contains a detailed analysis of international legal acts regulating women's right to health; the focus is on problematic aspects that need to be addressed, including: violence, HIV / AIDS, protection during a pandemic of COVID-19. The article highlights the provisions of the following universal and regional acts of a general nature: the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Declaration on the Elimination of Violence against Women (1993), Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (2011), Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2003). The article also covers proceedings of international intergovernmental forums, strategic documents, reports of the UN Secretary-General focusing on the general protection of women's rights and, in particular, the right to health, including the Vienna Declaration and Program of Action (1993), the Beijing Declaration (1995), Global Strategy for Women's and Children's Health (2010), Global Strategy for Women's, Children's and Adolescent's Health (2016-2030), Strategic Preparedness and Response Plan (2020), Report of the Secretary-General UN "Shared Responsibility, Global Solidarity: Responding to the Socio-Economic Impacts of COVID-19" (2020) etc. The emphasis is placed on the importance of general and special recommendations developed by international treaty monitoring bodies - the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women in the field of women's health, which oblige states to comply with, protect and enforce rights in this area. In order to improve the situation in the field of protection of women's rights, the appropriate conclusions and recommendations on the im-plementation of the provisions of these acts into national state legislation have been made.
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Asnawi, Habib Sulthon, and Habib Ismail. "Discrimination against wife in the perspective of CEDAW and Islam Mubādalah." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 20, no. 2 (December 31, 2020): 253–68. http://dx.doi.org/10.18326/ijtihad.v20i2.253-268.
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This article analyzed wife discrimination in the household viewed from the perspective of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and Islam Mubādalah. Regulation of wife obligation in the household are stated in the Marriage Law (UUP), Number 1 of 1974, article 34 paragraph (b) saying that “A wife has duty to manage household affairs as well as possible”. The fact shows that the regulation is widely understood literally, hence it creates gender bias stigma and a wife discrimination. The study was a library research using a normative approach, which examined the Marriage Law with qualitative analysis and applied gender justice theories. The research showed that the regulation in the article 34 of the Marriage Law is interpreted textually, which has implications for discrimination against wife roles in the household. As the result, this understanding affects on wife discrimination and againsts gender justice in the perspective of CEDAW and Islam Mubādalah. As the novelty, the authors found that the wife discriminations in the household are due to the strong pratiarchical perspective in the article 34 of Marriage Law, and the article tends to be a masculine perspective.
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Gardam, Judith. "Women, human rights and international humanitarian law." International Review of the Red Cross 38, no. 324 (September 1998): 421–32. http://dx.doi.org/10.1017/s0020860400091221.
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The development in the last 50 years of the principles that comprise human rights law has had a major impact on international humanitarian law and indeed on international law generally. In more recent years, the movement for recognition of the equal rights of women has been exerting its own influence on human rights law and to some effect. In 1979, for example, the international community adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which 155 States are now party. Consideration is currently being given to the adoption of an Optional Protocol that will allow for individual and group complaints to be brought before the CEDAW Committee. Governmental and non-governmental organizations have increasingly focused on women's human rights. As a result, a wide range of studies, reports and recommendations on various aspects of the issue is available. The topic of women is thus firmly established on the international human rights agenda.
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Udu, Eseni Azu, Anoke Uwadiegwu, and Joyce Nnenna Eseni. "Evaluating the Enforcement of the Rights of Women under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979: The Nigerian Experience." Beijing Law Review 14, no. 02 (2023): 764–82. http://dx.doi.org/10.4236/blr.2023.142041.
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Syroid, T. L. "The concept of gender-based crimes in international law." Uzhhorod National University Herald. Series: Law 3, no. 82 (June 10, 2024): 249–58. http://dx.doi.org/10.24144/2307-3322.2024.82.3.39.
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The article reveals the concept of gender-based crimes (GBCs), which should be understood as illegal, intentional violent actions directed against a person due to their gender. Forms of sexual violence are highlighted, including: sexual violence, human trafficking, gender-based murders – femicide/ feminicide, infanticide. The provisions of international legal acts, which contain norms regarding the prohibition of violence and combating domestic violence, are highlighted, in particular: the Convention on the Elimination of All Forms of Discrimination Against Women of 1979, General Recommendation No. 19 of the Committee on the Elimination of Discrimination Against Women, General Comment No. 38 (2020) of the Human Rights Committee, the Statute of the International Criminal Court of 1998, the Convention against Transnational Organized Crime of 2000, the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of 2000 (Palermo protocol), Council of Europe Convention on preventing and combating violence against women and domestic violence of 2011, Decisions No. 15/05 and No. 7/14 of the Council of Ministers of the OSCE, Directive of the European Parliament and the Council on combating violence against women and domestic violence of 2022 etc. It is summarized that the specified norms have developed from guaranteeing human rights (a fundamental principle regarding the prohibition of discrimination) to a strict prohibition regarding their violation (recognition as criminally punishable acts). The characteristic contextual circumstances of GBCs are highlighted, in particular: the committed act must constitute an offense according to criminal law (presence of the main crime); the main object is encroachment on human personality, basic inalienable rights and freedoms guaranteed by international standards and national legislation; an integral component of the illegal act is a certain motive or motives of prejudice, in particular with regard to the specific gender context and the circumstances in which it is committed; the selection of victims may be based solely on gender or on the basis of multiple signs of identity such as gender and religion. Any person or group of persons, regardless of their gender, can become victims of gender-based hate crimes (men, women, representatives of LGBT communities, etc.); a component of the objective side is the use of various forms of violence, including cyber violence; enslavement, including acquisition, sale, provision for use, exchange of a person or persons; rape; forced pregnancy, forced sterilization; sexual violence; murder and other illegal actions. The subject of the commission of an illegal act is a physically reprehensible, guilty person who has reached the age of criminal responsibility provided for by the legislation of the relevant state or international agreements. The act may be committed in complicity or as part of an organized group. A legal entity can also be recognized as the subject of responsibility. GBCs can have the character of general criminal crimes, transnational crimes, the definition of which is contained in the Convention against Transnational Organized Crime of 2000, especially in the form of gender-based human trafficking. And they can also be components of international crimes, which are recognized as the most serious and dangerous offenses, the components of which are provided by international agreements, statutes of international bodies of criminal jurisdiction (the International Criminal Court, ad hoc tribunals, specialized courts, etc.). Appropriate conclusions and recommendations were made.
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Klymchuk, Iryna, and Любов Трофименко. "FEATURES OF ENSURING AND GUARANTEEING WOMEN’S RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN." Litopys Volyni, no. 27 (December 8, 2022): 196–200. http://dx.doi.org/10.32782/2305-9389/2022.27.33.
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The aim of the article is to examine the main problems of ensuring women’s rights in the Islamic Republic of Iran. In particular, the peculiarities of the legal status of Iranian women in the sphere of economy, education and in the reproductive sphere are considered. The legislative guarantee of women’s political rights in the Islamic Republic of Iran is analyzed. It has been proved that the main factor of changes in the gender issue is the normative and legal framework, because it officially establishes in all spheres of society the relevant norms of behavior aimed at respecting the rights of women and men. It was established that the main law in the country, despite the strong influence of the Koran, remains the Constitution (1979), which not only prescribes in detail the basic rights of women, but also defines the degree of government responsibility for ensuring women’s rights in all spheres of public life. However, in other legal documents, women’s rights in Iran are generally considered limited. It was revealed that Iran is still one of the UN member states that has not signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979). Although Iran’s parliament passed a bill to join the convention in May 2003, the bill was rejected after being sent to the Guardian Council, which is responsible for approving new legislation in the country. The above-mentioned Council cites vague religious contradictions, being under pressure from conservatives in government. The country’s national legislation was found to contain many barriers for women to access basic rights in areas such as employment, marriage and citizenship. Although the situation of women’s rights in the Islamic Republic of Iran has improved recently, women continue to experience marginalization, violence and repression. According to the civil code of the country, where the rights of women in marriage and in the family are enshrined, the dominance of the man in the family is recorded. At the same time, the lack of legal instruments for the protection of women’s rights has created an atmosphere of impunity for acts of violence against women committed by men. It has been found that women from national minorities are in an extremely difficult situation in Iran, who often face intersectional discrimination based on gender, ethnicity, language or religion.
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Sithole, T. N., and Kgothatso B. Shai. "UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA." Commonwealth Youth and Development 14, no. 2 (March 28, 2017): 109–20. http://dx.doi.org/10.25159/1727-7140/1927.
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Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.
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LLOYD, MOYA. "(Women’s) human rights: paradoxes and possibilities." Review of International Studies 33, no. 1 (January 2007): 91–103. http://dx.doi.org/10.1017/s0260210507007322.
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Such is its pervasiveness that human rights discourse is used to legitimise humanitarian and military intervention in the affairs of other states, provide a rationale for ‘ethical’ foreign policy, justify the punishment of war crimes, and validate the formation of international coalitions mandated to eradicate terrorism wherever its is found. At grass-roots level, human rights talk is deployed to lobby governments and to press for socioeconomic and legal change, to combat the dehumanising treatment of specific populations, to ground educational initiatives and spawn local, national, international, and sometimes global networks oriented to its advancement, and to induce the patient and meticulous documentation of its violations. In terms of women, human rights activism has been instrumental in problematising violence against women, prompting the recognition by the UN Human Rights Commission in 1992 of rape during war as a form of torture, and as a war crime or crime against humanity in the Rome Statute of the International Criminal Court (which came into force in 2001). It also led to the appointment in 1994 by the UN Human Rights Commission of Radhika Coomaraswamy as the first Special Rapporteur on Violence against Women and its Causes and Consequences. Activities centring on human rights produced the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted by the UN General Assembly on 18 December 1979 and became operational as an international treaty on 3 September 1981 when it was ratified by its twentieth signatory.
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MANGORA, Т. "Legal regulations against human trafficking." INFORMATION AND LAW, no. 2(41) (June 27, 2022): 154–63. http://dx.doi.org/10.37750/2616-6798.2022.2(41).270382.
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Legislative support for combating human trafficking is represented by such documents as the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties of 2.12.1949, the International Covenant on Civil and Political Rights of 16.12.1966, the Convention on the Elimination of All Forms of Discrimination against Women. December 18, 1979, Declaration of European Recommendations on Effective Measures to Prevent Trafficking in Women for the Purpose of Sexual Exploitation, 1997, Council of Europe Joint Action Document, 1997, UN Convention against Transnational Organized Crime, November 15, 2000, Protocol on the prevention, prevention and punishment of trafficking in human beings, especially women and children, the Recommendation of the Committee of Ministers of the Council of Europe “On sexual exploitation, pornography, prostitution and trafficking in human beings and adolescents” and others. National anti-trafficking legislation includes: the Constitution of Ukraine, the Criminal Code of Ukraine, the Laws of Ukraine: “On Combating Trafficking in Human Beings”, “On Preventing and Combating Domestic Violence”, the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016. № 111 “On approval of the State Social Program to Combat Trafficking in Human Beings until 2020”, Order of the Ministry of Education and Science of 08.04.2016 № 405 “On approval of the action plan of the Ministry of Education and Science to combat trafficking in human beings until 2020”.Modern international legal regulation of combating trafficking in human beings includes a fairly large array of various legal acts, including: the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties, the UN Convention on Transnational Crime and the Protocol to Prevent and Suppress trafficking in human beings, especially women and children, and the ILO Convention, the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, etc. And although international norms are quite clear, there are still gaps in that implementation. Yes, the Palermo Protocol calls for a comprehensive approach to combating human trafficking, but it is still not fully implemented. States often try to combat trafficking only in terms of migration or solely in terms of combating crime on their territory, but such a shameful phenomenon as human trafficking is unfortunately a global problem and must be addressed systematically and jointly. States must recognize and implement all international treaties relating to trafficking in human beings in order to make every effort to combat this problem. Ukraine has launched a large-scale anti-trafficking campaign in the post-Soviet space. Since independence, national legislation aimed at eliminating trafficking in human beings has been developed based on international best practices, and a set of measures to improve the effectiveness of combating the threat of trafficking and ensuring the security of the country's population has been implemented within the framework of state programs to combat trafficking and illegal migration. In order to minimize the phenomenon of human trafficking, efforts are being consolidated at the regional and interagency levels by strengthening international cooperation and implementing best practices.
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Khan, Mohammad Abu Tayyub. "Qazi Nazrul Islam For Women’s Emancipation." Pakistan Journal of Gender Studies 3, no. 1 (March 8, 2010): 45–51. http://dx.doi.org/10.46568/pjgs.v3i1.369.
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Poet Qazi Nazrul Islam, as a poet always commanded a highly privileged position amongst the youth of Bengal in pre-partition India. The emergence of the women’s movement throughout the world, the work of the United Nations on women’s issues has an emancipation of over half of humankind from the oppression in which they have lived for centuries for over two millenniums. Although the United Nations has not succeeded in its goals, the very prospect of effecting such emancipation carries with it the promise of bringing the greatest revolution in human history. The end of World War II, witnessed the global community, recognizing the importance of women’s right. Those attempts of recognition, due in part to the pressures that women had begun to put on their own governments, helped to force issues on women’s concerns for the global agenda. By 1995, four world conferences of the United Nations, on women and their right of equality with men (the 1975 conference in Mexico City. Mexico; the 1980 conference in Copenhagen, Denmark, the 1985 conference in Nairobi, Kenya; and the conference in Beijing, China and in 1979 international convention, the Convention on the Elimination of all forms of Discrimination Against Women). Qazi Nazrul Islam, long before the United Nations was created, talked about the issues that sought promoted equality for women. These issues, unlike those of the United Nations and some in the women’s movement, sought equality for women in the broader context of a total cultural change in the new world. So, one finds him advocating (on behalf of women) the political, economic, and social rights, which are generally associated with human rights regime, we must look beyond such a finding to the cultural focus of his poetic outpourings.
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Sagade, Jaya, and Christine Forster. "Recognising the Human Rights of Female Sex Workers in India: Moving from Prohibition to Decriminalisation and a Pro-work Model." Indian Journal of Gender Studies 25, no. 1 (January 15, 2018): 26–46. http://dx.doi.org/10.1177/0971521517738450.
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This article sets out a women’s human rights approach to the legal regulation of sex work developed through an analysis of feminist perspectives, international human rights standards—in particular, the approach of the Committee on the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)—and the voices of female sex workers within India. It categorises sex work into four legal models, namely, prohibition which criminalises all aspects of the sex trade, partial decriminalisation which criminalises only those who force women into sex work and those who trade in under-age sex workers, social control legalisation which decriminalises but regulates the sex trade with the aim of containing through (often punitive) restrictions, and finally pro-work which approaches sex work as valid employment by extending the legal and human rights of other workers to sex workers. The article places India’s current regulatory framework into the prohibition model and argues that the legal response to sex work that most closely accords with a women’s human rights approach is partial decriminalisation coupled with a pro-work model. Although the introduction of this model in India poses considerable challenges, it has the greatest capacity to first, reduce the crime and corruption that surrounds the sex trade; second, to enhance, promote and protect public health and third, provide appropriate legal and human rights protection to sex workers as international obligations require.
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AL-SAMAK, Hiba Thamer Mahmood. "GIRL CHILD RIGHTS :A COMPARATIVE STUDY BETWEEN INTERNATIONAL CONVENTIONS AND IRAQI LAW." International Journal of Humanities and Educational Research 03, no. 04 (August 1, 2021): 320–34. http://dx.doi.org/10.47832/2757-5403.4-3.28.
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Girls still suffer from violations for their rights, they are the first victims for violation of human right. pay attention to girls and terminate the matter of the discrimination against them, especially in the developing countries and build their personality to be themselves and their families able to face the future and to be pioneers influence the society, Therefore, the United Nations focused on the rights of girls and promised it one of the sustainable development goals that it seeks to achieve in 2030. However, we lack legislation and international conventions on the rights of the girl child, Convention on the Rights of the Child for 1989, and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 violation against them are considered the keystone of the rights of girls internationally. I shall use the comparative approach in my research methodology between the Iraqi law and the international conventions and agreements, in order to compare the general provisions, as well as mentioning the most serious violations of the rights of the girl child in Iraqi society and the provisions of Islamic Sharia regarding these violations. The study aims to find special rules for the girl child that distinguish her and grant her adequate rights from childhood, as I did not find anyone who addressed the rights of the girl child in Iraqi Republic in the light of international law, despite the serious violations of her rights, and we did not find the Iraqi legislator has sought or seek to develop legislations that limiting these violations. Thus, I shall search the problem in two researches, the first about what are the rights of the girl child, The second research is about the main rights of girls. The most important results I found that the rights of the girl child encouraged and helped girls to develop mentally, physically and psychologically, that contribute to the development of societies, and the most underdeveloped states are those that do not consider or pay attention to the rights of girls under the age of eighteen, With the need to pay attention to the education and upbringing of girls to be a leading woman in society and to be able to live and provide for her family.
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Bijayini, Swapna. "Covid-19 Pandemic and Protection of Right to Education of Girl Child in India: Some Legal Remedies." RESEARCH REVIEW International Journal of Multidisciplinary 8, no. 10 (October 13, 2023): 141–47. http://dx.doi.org/10.31305/rrijm.2023.v08.n10.016.
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Like other individuals, girl child is entitled to enjoy the same human rights and fundamental freedoms. Particularly for girls from low-income families and girls living in rural regions, the epidemic has posed a hurdle to their education. Lack of digital access has stopped girl child from learning at home during quarantine. Most of the girl child don't have mobile phones or any form of digital access. If there is one smartphone in family, it won't be for the girl child. Most of the time it would typically for the father or the brother. Threats to girls have increased rates of teen or early pregnancy, gender-based violence, and child marriage. The economic impact of the epidemic on families led to many girls being married off in return for money. The pandemic has threatened decades of progress on gender equality. Girl child is on the front line of the pandemic threat in third wave of covid 19. The Malala Fund estimates that 20 million children in developing countries may never return to the classroom after pandemic-related school shutdowns. International human rights treaties prohibit discrimination on the basis of gender and also require States to ensure the protection and realization of educational rights of girl child Universal Declaration of Human Rights, 1948, Convention on the Political Rights of Women, 1953, The 1979, Convention on the Elimination of All Forms of Discrimination Against Women, and many more international human rights instruments specifically address girl child’s right to education. In India there is Indian Constitution and certain other specific legislation which specifically guarantees the right to education to girl. In spite of all these international convention, national laws and policies, during the present covid 19, status of education of girl child is deteriorating day by day. That’s why the present laws need to be revised so that it can secure the right to education of girl child more efficiently. The present paper is an attempt to analyze the educational status of girl child in India during covid 19 with an analytical perspective.
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Atuhaire, Pearl K., and Sylvia Blanche Kaye. "Through the lens of forced displacement : refugee women's rights as human rights." World Academy of Science, Engineering and Technology 6, no. 2 (2016): 454–62. http://dx.doi.org/10.51415/10321/2983.
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While the need for equal access to civil, political as well as economic, social and cultural rights is clear under the international law, the adoption of the Convention on the Elimination of all forms of Discrimination against women in 1979 made this even clearer. Despite this positive progress, the abuse of refugee women's rights is one of the basic underlying root causes of their marginalisation and violence in their countries of asylum. This paper presents a critical review on the development of refugee women's rights at the international levels and national levels. It provides an array of scholarly literature on this issue and examines the measures taken by the international community to curb the problem of violence against women in their various provisions through the instruments set. It is cognizant of the fact that even if conflict affects both refugee women and men, the effects on women refugees are deep-reaching, due to the cultural strongholds they face. An important aspect of this paper is that it is conceptualised against the fact that refugee women face the problem of sexual and gender based first as refugees and second as women, yet, their rights are stumbled upon. Often times they have been rendered "worthless victims" who are only in need of humanitarian assistance than active participants committed to change their plight through their participation in political, economic and social participation in their societies. Scholars have taken notice of the fact that women's rights in refugee settings have been marginalized and call for a need to incorporate their perspectives in the planning and management of refugee settings in which they live. Underpinning this discussion is feminism theory which gives a clear understanding of the root cause of refugee women's problems. Finally, this paper suggests that these policies should be translated into action at local, national international and regional levels to ensure sustainable peace.
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Magsi, Hussan Ara, and Faraz Ahmed Wajidi. "SAARC Female Prime Ministers Policies For Women Empowerment In Their Region." Pakistan Journal of Gender Studies 13, no. 1 (September 8, 2016): 131–46. http://dx.doi.org/10.46568/pjgs.v13i1.186.
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This article aims to assess the perceptions and practical steps of All female Prime Ministers of SAARC Countries (Benazir Bhutto, Indra Gandhi, Sheikh Hasina Wajid, Begum Khalida Zia and Sirimavo Bandranaike etc), had taken for the betterment of women in their respective countries etc. The socio-economic and geographical approach will be applied in this research paper to gauge to progressive measures introduced by the female prime ministers of SAARC countries. The female prime ministers rose to such a high position due to dynastical family background. These female prime ministers are symbol of female empowerment and representation, and they are gender sensitive and gender conscious to promote the womenfolk in every walk of life. All of them had worked in the areas: health, education, and economic, political representation, control the violence etc. The mirror is placed among the SAARC female prime ministers that how they wore the gender lens to prove themselves as a dynamic leader and also worked by rejecting the orthodox traditions in a patriarchal society to empower their women in their regions. They had signed different international instruments i.e. CEDAW (Convention regarding the Elimination of All Forms of Discrimination against Women) 1979, Beijing Declaration 1995, in order to transform their national policies according to the principles of these documents. They were highly aware that SAARC region is less gender sensitive, and had taken various steps to promote the womenfolk in every walk of life. They had accepted all the national and international challenges to tread upon the path of modernization and progressiveness and to bring at par their women with men. Their progressive policies laid far-reaching imprints upon the sand of SAARC soil that they realized that nation cannot progress until and unless our women are supported to participate in national building activities.
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Haldane, Hillary. "Varying Perspectives on the Treatment of Domestic Violence in New Zealand." Practicing Anthropology 30, no. 3 (July 1, 2008): 50–53. http://dx.doi.org/10.17730/praa.30.3.r1p64822x9430589.
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Women's refuges have existed in New Zealand since 1973 and today over two hundred various community and national level organizations work with victims and perpetrators of domestic violence, sexual assault, elder abuse, and child endangerment. New Zealand service providers and government officials view their work in the area of violence against women as part of an international effort with an obligation to uphold the Convention on the Elimination of All Forms of Discrimination against Women, or CEDAW as it is widely known, a treaty ratified by the country in 1985. While there is considerable governmental and nongovernmental support for those whose lives are touched by violence, there is also considerable tension over how to best design and deliver the services to those who need them. New Zealand is a diverse nation with a large indigenous population and growing Pasifika and Asian communities. Many of the recent debates center on how to best design programs for a multicultural population while still privileging the rights of the indigenous Maori. New Zealand's experience in addressing violence against women illustrates the disjunction between transnational discourses of violence against women, and the proposed international solutions to the problem, and the local efforts to help survivors from diverse cultural backgrounds. First, I will provide a brief description of how services are designed and delivered in New Zealand. Second, I will outline the main philosophical disagreements found among social service providers. Third, I discuss why research on the front-line has the potential to tell us a great deal about the limits of international treaties and enhance our response to violence against women.
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Hassan, Muhammad Rahimi, and Rashila Ramli. "Malaysia dalam Arus Feminisme Global: Pembangunan Wanita dan Hubungan Antarabangsa Malaysia." Journal of Strategic Studies & International Affairs 2, no. 2 (December 31, 2022): 128–50. http://dx.doi.org/10.17576/sinergi.0202.2022.06.
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Feminism is a discourse and movement that aims to change the gender imbalance in a patriarchal society. Feminism has proliferated, covering four mainstreams and evolving 'from the bottom up'. The dynamics, focus, and struggle that start from the community up to the international level show the inclusive involvement of state and non-state actors. Using Feminism approaches in Politics and International Relations, this paper explains how the dynamics of women's development in Malaysia have become part of contemporary global feminism. When the UN celebrated International Women's Day in 1975, Malaysia played an active international role in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Sustainable Development Goals (SDG). It established a local agency, the National Advisory Council on the Integration of Women in Development (NACIWID). The paper is divided into three major parts. First, interactions between feminism and International Relations will be explored. Second, because of gendering politics, the framework of women in development (WID), women and development (WAD), as well as gender and development (GAD) have become a benchmark for explaining women's emancipation in policy formulation. Finally, the study also applies the model in Malaysia. Arguably Malaysia's earliest roles and international activism explain the inclusion of Malaysia's lessons in transnational feminism and the country's contribution to women's development despite the prevalent patriarchal attributes.
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Krasnov, Yu K. "Gender inequality in the modern world. Based on the study of international organizations." Journal of Law and Administration 15, no. 2 (October 10, 2019): 21–28. http://dx.doi.org/10.24833/2073-8420-2019-2-51-21-28.
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Introduction. The article analyzes the results of two studies of international organizations “Women, business and law 2019: decade of reforms” conducted by experts of the World Bank with the involvement of external resources and the non-Governmental organization “World Economic Forum” in Davos, devoted to the study of the situation of gender inequality in the modern world.Materials and methods. The article provides theoretical and empirical analysis of the issues which concern ensuring equality of men and women in law, morality and social practice on the basis of analytical documents and research of international organizations, works of domestic and foreign scientists.The results of the study. The World Bank report shows that over the past decade, 274 reforms have been undertaken in 131 countries around the world to bring about changes in legislation that aim to increase gender equality.In the report of the World Economic Forum on this issue, experts took into account the situation of women in 149 countries.Women’s participation in politics remains the main issue according to the report.Discussion and conclusion. Research into the existing inequalities between men and women in public life highlights several facets of the problem.Firstly, the problem of creating gender within the framework of the socio-constructivist approach is actively discussed.Secondly, there is a production of gender differences in interactions in the public space.Thirdly, in scientific works much attention is paid to practical problems: gender division of labor, representation of women in the structures of power, the emerging structure of sexual and emotional relations, historical changes in structural patterns of behavior.The core of these studies is the search for ways to eliminate inequality in the status of men and women in public life on the basis of the basic UN human rights documents.The guidelines for this search are set by the UN Convention on the elimination of all forms of discrimination against women (CEDAW), adopted on December 18, 1979 by the UN.
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Zharylouskaya, Maryia. "LEGAL ASPECTS OF GENDER EQUALITY IN THE LABOUR MARKET." Topos, no. 2023-2 (December 28, 2023): 38–54. http://dx.doi.org/10.61095/1815-0047-2023-2-38-54.
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The article elaborates on existing international standards for gender equality in the labour market and the main challenges that cause its insufficient effectiveness. The object of the research is the norms of international law establishing human rights standards related to ensuring gender equality in the labour market at the worldwide level through the UN system and, in particular, such legal instruments as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), and the ILO jurisprudence. The research methodology is based on a comprehensive approach, including an analysis of acts of international law, case law of relevant international organisations, and authorities. Inter alia the following methods of scientific knowledge were used in the research: (i) general methods, in particular: scientific abstraction, analysis, synthesis, generalisation, comparison, principles of dialectics and formal logic, historical and systemic approaches; (ii) specific methods, in particular: method of comparative legal research. Based on the research conducted, three main contemporary challenges for the legal regulation of gender aspects of the labour market were identified: (i) the historically determined predominant use of binary perception of sex as a basis for gender discrimination, including in the labour market. Despite the existence of positive implementation practices of HRC, the ILO and CEDAW legal concepts on sex-based and gender-based discrimination should be further developed through both holistic theoretical analysis and the incorporation of relevant legal norms into acts of “hard” international law; (ii) the legal status of men with family responsibilities does not have enough legal regulation on the level of obligatory international guarantees, therefore, subsequent international law should to be adopted; (iii) enforcement mechanisms are weak enough and their implementation is often conditional on the “goodwill” of a State concerned without the possibility of international external enforcement (with the exception of certain ILO mechanisms, which are, however, procedurally difficult to enforce due to the tripartite system of organisation).
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Natiq qızı Bağırova, Zeynəb. "Women's rights as part of human rights." ANCIENT LAND 14, no. 8 (August 26, 2022): 52–55. http://dx.doi.org/10.36719/2706-6185/14/52-55.
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İnsan hüquqları dedikdə, dinindən, dilindən, irqindən, cinsindən və etnik mənsubiyyətindən asılı olmayaraq, dünyadakı bütün insanların sadəcə insan olduqları üçün istifadə etdikləri hüquq və azadlıqlar başa düşülür. İnsan hüquqlarının bir hissəsi olaraq qadın hüquqları uğrunda mübarizə 1789-cu il Fransa İnqilabından sonra başladı. Tarixdə ilk dəfə olaraq qadınlar 1791-ci ildə öz Qadın və Mülki Hüquqları Bəyannaməsini nəşr etdilər. Oktyabrın 24-də BMT Nizamnaməsinin qəbulu ilə 1945-ci ildə müasir insan hüquqları rəsmiləşdi. Xüsusən də Nizamnamənin preambulasında insan hüquqlarının müdafiəsinin Birləşmiş Millətlər Təşkilatının əsas məqsədlərindən biri olduğu bildirilir və eyni zamanda kişi və qadınların bərabərliyi məsələsinə toxunulur. Dünyanın bir çox yerində qadın hüquqlarının əhəmiyyət kəsb etmədiyi bir vaxtda qadın hüquqlarına bu cür yanaşma çox vacib hesab olunurdu. 1945-ci ildə Birləşmiş Millətlər Təşkilatının yaradılmasından sonra qadın bərabərliyini təmin edən daxili orqanın yaradılması əsas məsələlərdən biri oldu. Buna görə də 1946-cı ildə BMT-nin tərkibində İnsan Hüquqları Komissiyası və Qadının Statusu üzrə Komissiya yaradıldı. Daha sonra 1979-cu ildə o dövr üçün böyük əhəmiyyət kəsb edən və müstəsna olaraq qadın hüquqlarının müdafiəsi ilə bağlı olan Qadınlara qarşı ayrı-seçkiliyin bütün formalarının ləğv edilməsi haqqında Konvensiya (CEDAW) qəbul edildi. CEDAW Konvensiyasını digər beynəlxalq sənədlərdən fərqləndirən əsas xüsusiyyət ondan ibarət idi ki, digər sənədlərdə ümumilikdə bütün insanlara təminat verilən mülki, siyasi, iqtisadi, sosial və mədəni hüquqların hər biri qadınlar üçün nəzərdə tutulmuşdur. Bəyannamənin iştirakçısı olan dövlətlər qadınları bu cür zorakılıq hərəkətlərindən qorumağa və zorakılığa məruz qalmış qadınlara belə zorakılığın qarşısını almaq üçün lazımi şərait yaratmağa borcludurlar. Ailə münasibətləri də daxil olmaqla, zorakılığın bütün formalarından uzaq yaşamaq hər bir qadının və qızın əsas insan hüququdur. Açar sözlər: İnsan hüquqları, Qadın hüquqları, CEDAW bəyannaməsi, Gender bərabərliyi, BMT Zeynab Natig Baghirova Women's rights as part of human rights Abstract Human rights mean the rights and freedoms that all people in the world, regardless of religion, language, race, gender or ethnicity, enjoy simply because they are human. As part of human rights, the struggle for women's rights began after the French Revolution of 1789. For the first time in history, women published their own Declaration of Women's and Civil Rights in 1791. With the adoption of the UN Charter on October 24, 1945, modern human rights became official. In particular, the preamble to the Charter states that the protection of human rights is one of the main goals of the United Nations, and also addresses the issue of equality between men and women. In many parts of the world, this approach to women's rights was considered very important at a time when women's rights were not important. After the establishment of the United Nations in 1945, one of the key issues was the establishment of an internal body to ensure women's equality. Therefore, in 1946, the Commission on Human Rights and the Commission on the Status of Women were established within the UN. Then, in 1979, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted, which was of great importance for that period and dealt exclusively with the protection of women's rights. The main feature that distinguished the CEDAW Convention from other international documents was that in other documents, each of the civil, political, economic, social and cultural rights guaranteed to all people in general was intended for women. The States Parties to the Declaration are obliged to protect women from such acts of violence and to provide the necessary conditions for women who have been subjected to such violence to avoid such violence. Living away from all forms of violence, including family relationships, is a fundamental human right of every woman and girl. Keywords: Human rights, Women rights, CEDAW convention, Gender equality, UN
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Shvedova, N. "Gender Equality on the UN Agenda and the 75th Anniversary of the Universal Organization." International Trends / Mezhdunarodnye protsessy 18, no. 2 (2020): 31–47. http://dx.doi.org/10.17994/it.2020.18.2.61.3.
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he 2020 is rich in anniversaries: the world community celebrates the 75th anniversary of the United Nations (UN) and the 25th anniversary of the Fourth World Conference on Women, a mass meeting of more than five thousand participants in Beijing in 1995. A three-day special event is planned during the September Session of the UN General Assembly in New York (2020), dedicated to the celebration of “Beijing Plus 25”. At these meetings governments from around the world are expected to commit to speeding up and scaling up the promises made in the historic Beijing Platform for Action. And the last 2019 was marked by the fortieth anniversary of the most important document in the field of gender equality – the Convention on the Elimination of All Forms of Discrimination against Women – CEDAW, which is rightfully widely known in the world as “The Bill on the Rights of Women” (1979). Anniversary dates increase motivation to comprehend the role and place of events and phenomena associated with them. Moreover, the UN theme and gender equality is a hot topic, which is due to two main circumstances. 47НАДЕАЖ АШВОИнст иД суА ВД ОНАДЕО ОДЕ суА СКсу ОДДнаАЖдОЖт иы суА ВДнаАЖдОИ иЖНОДнРОсниДInternational Trends. Volume 18. No. 2 (61). April–June / 2020On the one hand, the UN is a unique global organization that has a significant impact on international processes. On the other hand, the problem of gender equality is the basis of social stability, a condition for development and an instrument for creating the quality of life. Bridging the gender gap in all areas of life is vital to achieving sustainable development and fulfilling the promise of the 2030 Agenda. To achieve the sustainable development goals, it is necessary to ensure full and equal access for and participation in women and girls. Despite progress, women and girls are still systematically underrepresented as users and leaders in critical areas of human life. The fight against stereotypes and myths occupies a key place. There is a wide range of options available to address both the causes and symptoms underlying gender stereotypes and social norms. The emphasis on a sound strategy with a gender perspective is something that can contribute to achieving gender equality for the sustainable development of the civilized world, this is what the UN insists on.
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Luna, Alden Reuben. "Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula." Bedan Research Journal 7, no. 1 (April 30, 2022): 278–317. http://dx.doi.org/10.58870/berj.v7i1.41.
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The United Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article 1),” and are “entitled to all the rights and freedoms outlined in (said) Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. (Article 2)” This formal declaration is supposed to be a simple institutionalization of a generally recognized realism – those human beings are born with inherent dignity, from which fundamental basic human rights flow and which provides reasonable justification for fostering justice and equality despite each person’s individuality. It is an affirmation that amidst personal and cultural divergences, human beings are called upon to respect each other primarily on account of their shared humanity, and not based on wealth, power, educational background, race, gender, and other social clusters – to treat each other fairly without discrimination. However, while the aforementioned international convention narrates a chronicle filled with beautiful social expectations, reality may be chanting a different narrative. Across different epochs, stories of horrifying violations of human rights have reverberated throughout the world. The infamous holocaust during the 2nd World War, the genocide of the Tutsis in Rwanda, and the martial law defilements during the Marcos regime in the Philippines are just some of the many horrific instances of human rights violations that have shocked humanity. One of the more prominent reasons for the occurrence of different human rights violations is deleterious discrimination – the arrogant sense of superiority that some assert over others, the conceited belief of being entitled with a guaranteed place atop the zenith of societal hierarchies at the detriment of those who do not share the same shade, nook or status. To address these discriminatory leanings of different cultures and States and provide international legal frameworks for ensuring that basic human rights are genuinely protected and promoted, the United Nations (U.N.) was created. To realize the objectives for its establishment, sundry international conventions have been crafted, negotiated, issued, and implemented. In the area of human rights protection, the primordial international convention is the UDHR. Two social groups that suffer from significant discrimination as to their capacity to properly enjoy and exercise basic human rights are refugees and stateless persons, which are governed by the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol, and the 1954 Convention Relating to Status of Stateless Persons, respectively. Because of their conditions and contextual situations, they are very vulnerable to being discriminated against and abused. This humanitarian crisis has been haunting the worldfor decades already and has also been knocking at the doorsteps of the Philippines in recent times, whose presence in the country has been rapid. Unfortunately, very few are aware of their existence, much less care about the predicaments and struggles of refugees and stateless persons worldwide and in the Philippines. It is in this context that the researcher is proposing the integration of international law on human rights, particularly that which relates to the protection of refugees and stateless persons, in the curriculum of higher education institutions (HEIs) in the Philippines.ReferencesAssociation of Southeast Asian Nations (2022). The Regional Comprehensive Economic Partnership, https://asean.org/?static_post=rcep-regional-comprehensive -economic-partnershipCommission on Higher Education (2012). Policy-Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA. CHED Memorandum No. 46 series 2012. https://ched.gov.ph/wpcontent/uploads/2017/10/CMO-No.46-s2012.pdfCommission on Higher Education (2013). General Education Curriculum: Holistic Understandings, Intellectual and Civic Competencies. 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DOLE Circular No. 120-12, 2012. https://www.dole.gov.ph/news/department-order-no-120-12-amending-certain-provisions-of-department-order-no-97-09/Department Order no. 186 s. 2015. https://www.dole.gov.ph/php_assets/uploads/2017/11/DO-186-17-Revised-Rules-For-The-Issuance-Of-Employment-Permits-To-Foreign-Nationals.pdfDOLE-DOJ-BI Joint guidelines on the issuance of work and employment permits to foreign nationals, s. 2019Edie, J. (Ed., Trans.). (1964) The primacy of perception and its philosophical consequences, The Primacy of Perception and Other Essays on Phenomenological Psychology, the Philosophy of Art, History and Politics, Northwest University Press.Executive Order No. 459, s. 1997. Official Gazette. https://www.officialgazette.gov.ph/1997/11/25/executive-order-no-459-s-1997/Fisher, A. (Trans.). (1963). The Structure of behavior, Beacon Press.Gray, R. (n.d.). Lies, propaganda and fake news: A challenge for our age (BBC), citing Paul Resnick, Professor of Information at the University of Michigan, and Will Moy, Director of Full Fact, https://www.bbc.com/future/article/20170301-lies-propagandaand-fake-news-a-grand-challenge-of-our-age.Heidegger, M. (1977) The questions concerning technology.Hinman, L. Ethics. Wadsworth.History. United Nations, https://www.history.com/topics/world-warii/united-nations.Institute on statelessness and inclusion, Statelessness in numbers: 2020. Langer, M., (1989). Merleau-Ponty’s phenomenology of perception: A guide and commentary. The Macmillan Press Ltd.Lowe, V. (2007). International Law. Oxford University Press. Mercy corps. https://www.mercycorps.org/blog/worlds-5-biggestrefugee-crises.Merleau-Ponty, M. (1964). The primacy of perception and other essays on Phenomenological Psychology, the philosophy of art, history and politics, (An Unpublished Text), edited by James M. Edie. trans. Arleen B. Dallery. Northwest University Press.Republic Act no. 7610. (1992). Special Protection of Children Against Abuse, Exploitation and Discrimination Act https://pcw.gov.ph/republic-act-7610-special-protection-ofchildren-against-abuse-exploitation-and-discrimination-act/Republic Act No. 9208. (2003). Official Gazette. https://www.officialgazette.gov.ph/2003/05/26/republic-act-no-9208/Republic Act No. 9745 (2009). Official Gazette. https://www.officialgazette.gov.ph/ 2009/11/10/republic-act-no-9745/Republic Act No. 8329. (1997). https://www.officialgazette.gov.ph/1997/06/30/republic-act-no-8329/Republic Act no. 10172. A.O. No. 1, s. 1993. (2012). Rules and regulations governing the implementation of republic act no. 10172. A.O. No. 1, s. 1993. Official Gazette. https://www.officialgazette.gov.ph/2012/10/24/ irr-nso-administrative-orderno-1-s-2012/Republic Act No. 11767. (2022). Official Gazette. https://www.officialgazette. gov.ph/2022/05/06/republic-act-no-11767/Shaw, M. (2017). International Law, 8. Cambridge University Press.Spiegelberg, H. (1976). The Phenomenological movement, 2(2) The Netherlands: Martinus NijhoffSupreme Court of the Philippines. (2022). Rule on facilitated naturalization of refugees and stateless persons. https://sc.judiciary.gov.ph/24524/The Constitution of the Republic of the Philippines (1987) https://www.officialgazette.gov.ph/constitutions/1987-constitution/The Refugee convention. (1951). The Travaux preparatoires analyzed with a commentary by Dr. Paul Weis. https://www.unhcr.org/4ca34be29.pdfUnited Nations Department of Economic and Social Affairs Disability (2022). Convention on the Rights of Persons with Disabilities (CRPD) https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.htmlUnited Nations High Commissioner for Refugees (1951) United Nations Convention relating to the status of refugees. https://www.unhcr.org/1951-refugee-convention.htmlUnited Nations High Commissioner for Refugees (1954) Convention relating to status of stateless persons https://unhcr.org/ibelong/wpcontent/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdfUnited Nations High Commissioner for Refugees (1961) Convention onthe reduction of statelessness https://unhcr.org/ibelong/wpcontent/uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdfUnited Nations Human Rights (1965). International convention on the elimination of all forms of discrimination (CERD). 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Pavko, Yana. "International Legal Support of Gender Equality in the Context of Climate Change." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 638–49. http://dx.doi.org/10.33663/1563-3349-2023-34-638-649.
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Introduction. Gender equality and human rights in the context of overcoming climate change is one of the key and debated topics at the annual UN Climate Conferences. The climate crisis creates social in justice between different population groups and has the greatest impact on the lives of vulnerable groups. Women, compared to men, are more vulnerable to the effects of climate change that limit their rights and opportunities. It is also worth noting that there is a widespread trend of feminization of poverty in the world, which means that poverty is increasing among women more than among men. In addition, women are under represented in international decision-making bodies related to climate change. This, above all, only confirms the lack of adequate support for womenʼs initiatives in climate decision-making. The aim of the article. The purpose of the research is to clarify the essence of gender equality and the peculiarities of its international legal support in the context of climate change based on the study of scientific works by reputable scholars and international legal acts. Results. Climate change is one of the major global problems of humanity, which is directly related to gender equality. As a result of climate change, women and men facenew challenges that affect the realization of their rights in the current environment.Women are more vulnerable to climate change and have fewer opportunities to adapt to it. The international community has faced a difficult task to eliminate the imbalance between the ability of women and men to realize equal rights in the context of climate change. Unfortunately, only a few of the international human rights instruments cover the issue of gender equality in the field of environmental protection, especially in the context of climate change. In addition, they donʼt enshrine the right to a safe, clean and sustainable environment, which is one of the main environmental human rights. The realization of this right is extremely important in the context of climate change. Conclusions. Thus, the issues of ensuring equal rights and opportunities for women and men in the context of climate change are not properly regulated ininternational law or in the national law of Ukraine. Certain aspects of gender equalityin the context of climate change are reflected in General Recommendation №37 to the Convention on the Elimination of All Forms of Discrimination against Women of 1979, the UN Framework Convention on Climate Change of 1992, the Beijing Declaration of 1995, the Paris Agreement of 2015, UN General Assembly Resolution 70/1«Transforming our world: The 2030 Agenda for Sustainable Development» and the Escazu Agreement of 2018. The solution to one of the global problems of humanity depends on the adoption of significant climate decisions that must take into account the gender principle. To date, the extent of womenʼs participation in shaping international climate policy is insufficient. That is why they must represent their governments internationally on equal terms with men, participate in the work of international organizations and in decision-making in the field of climate change. In turn, the needs of both women and men should be taken into account when developing strategic programs and measures to mitigate and adapt to climate change. As a future EU member, Ukraine is trying to integrate a gender component into environmental policy, especially in the area of climate change, by fulfilling its European integration commitments. Key words: gender equality, discrimination, climate change, human rights,sustainable development.
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Thawabteh, Mohammad Ahmad. "Two Receptive Audiences for the Same Translated Text: The reception of CEDAW Convention in Occupied Palestine as a case study." Traduction et Langues 21, no. 2 (December 31, 2022): 92–108. http://dx.doi.org/10.52919/translang.v21i2.908.
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Translation Studies comprises different approaches to translation, e.g., linguistics-oriented, functionalist, discourse register analysis, philosophical, reception theory, among many others. As for reception theory, it is found that when and where a given text is translated and the influences it is likely to exert on its audience is very useful as an approach to translation. The time and place of the text reception then tends to be significant. The current article presents a critical and elaborate analysis of the (sub)cultural environment in Palestine which has failed to assure better reception of the translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as manifested in a Palestinian context, but rather has mounted perceptibly some social and political tension in the reception; the original version of CEDAW Convention was first published by the United Nations of Human Rights: Office of the High Commissioner on 18 December 1979, followed by the translations into four languages (Arabic, Chinese, French and Spanish). The article first looks at contiguous and overlapping disciplines: reception theory and translation bringing them together for a stimulating vision for an eclectic approach in which translation has established good relations with multifarious disciplines. The article then carefully examines the fairly comprehensible translations of the convention to an Arab audience, taking cue from Meidasari’s (2014) reception theory in which reader’s involvement in the initial understanding and developing interpretation is fully considered. The article then scrutinizes Arabic translation which has quite a different contextual and function, obviously a mere transference of a range of meanings inherent in a given utterance across languages and cultures; however, when Palestinian National Authority (PNA) became a full member recognizing CEDAW in 2014, the translation has been given a new lease of life and it exceeds mere ostentatious linguistic realization of the Source Language (SL) to become an issue of immense importance for a text reception whereby the translation is thus expected to gain instrumentality, that is, to meet and to fit in with the Target Language (TL) expectations. The reception of CEDAW Convention into Arabic decades after it was issued, namely 1979 stresses the importance of time and place. The time difference of the reception of the translation is considered of paramount importance. The findings of the present article, however, shows that the reception of CEDAW Convention into Arabic combines in an intricate web of intersecting political and ideological relations. The same TL triggers two different reception groups on the part of the TL audience, and thus creates a kind of overwhelming tug-of-war relation in the groups. For the first group, the translation is the coat of arms for Palestinian women to enable them to fight for their rights and has consequently adopted adulatory tone as it conforms to the readers’ aesthetic expectations. For the other group, however, it constitutes the emasculation and marginalization of meritorious pillars Islam. The article concludes that the Palestine has been invariably buffeted by social and political upheaval, and the translation role should be expected to drastically change. Before the 1990s, the translation has actually a minimal role to play as Palestinians had been through the stiffest resistance against Israeli occupation which openly violated (and is still violating) international law. With the establishment of the PNA in 1994 which has exercised civil control on West Bank, new social and political realities emerged, paving the way for a kind of more social-international interaction. Thus, based on social milieu (be secular or Islamic) the translation is received. It has come in for criticism by Islamist, but applauded by secularist regardless of being two sides of the same coin.
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AL-OBAIDI, Bushra Salman Hussain. "THE CRIME OF FORCED MARRIAGE A STUDY FROM A LEGAL AND SOCIAL PERSPECTIVE." RIMAK International Journal of Humanities and Social Sciences 03, no. 05 (June 1, 2021): 48–65. http://dx.doi.org/10.47832/2717-8293.5-3.6.
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Forced marriage is a form of marriage that takes place without the consent of the parties, or is done under coercion by one of the parties to the contract. The difference revolves around between compulsory marriage and regular marriage, as the latter depends on the agreement and consent of the parties to the contract, and with the consent of the parents of both parties. As for forced marriage, it obligates one or both parties to the contract to accept, even if it is necessary to use psychological pressure or physical violence. In recent years, there has been a significant increase in the rate of forced marriage, which has reached more than 20 percent, according to statistics from personal status courts, while the percentage of victims of these marriages is more than 40 percent of women, indicating that most divorce cases are among young people who were forced to marry before reaching the legal age. The phenomenon was very small during the nineties, but it increased significantly after the US occupation of Iraq in 2003. There are legal treatments for the phenomenon, through declarations, the agreements that Iraq joined or ratified, such as the Universal Declaration of Human Rights, the Covenant on Civil, Political and Social Rights, the Convention on the Elimination of All Forms of Violence and Discrimination against Women, and the Convention on the Rights of the Child, all of which contain texts stating not to be forced into marriage. Forced for whatever reason. The problem lies in the failure to criminalize the perpetrators of forced marriage by the penal laws and legislations. The Iraqi Penal Code of 1969 did not include any criminalization of it, but the Personal Status Law No. 188 of 1959 mentioned the penalty of imprisonment for the person who is forced to marry if he is the relative of the victim of the first degree, and imprisonment for a period Not more than 10 years, if otherwise. One of the most common types of forced marriage is reciprocal, or by presenting a woman as a substitute for the dowry, whether it is a sister or a daughter, and there is another type of marriage, which is a blood allowance, that is to offer a woman as compensation for the harm that befell the other clan in the event that one of her clan members kills One of the members of that clan, and there is a gift marriage, and such marriages had receded. There is kidnapping marriage, which is widespread in one of the sects and is criminalized by the Penal Code with life imprisonment for its perpetrator. In addition to the problem of marriage outside the courts with the approval of a cleric, and this matter is not related to individual cases, but in tens of thousands of cases throughout the country. About 9,800 cases of marriage outside the courts were recorded in Baghdad alone during 2017, according to Judicial Council numbers, while about 59,000 were registered. A situation throughout Iraq, with the exception of the Kurdistan region, a large part of which is the marriage of minors (under the legal age) whose families want to impose a fait accompli on the courts. From all the foregoing, it becomes clear how important the research topic is, as it affects the human rights and freedoms of girls and women and negatively affects the family and society, and thus the security and community peace. The research aims to include detailed texts in the Personal Status Law that include all forms of forced marriage and its material, moral and psychological aspects and all parties and persons in the forced marriage process or the reason for its occurrence and the various cases of its occurrence, as well as addressing legislative contradictions and mitigating or exempting excuses stipulated in the Penal Code, which allow For the perpetrators with impunity. And that the forms of the crime of forced marriage are included with its provisions in the penal code and not in the personal status law, and heavy penalties are imposed on the perpetrators, and that the degree of relationship of the perpetrator to the victim is a reason for the severity of the punishment and not to reduce it, so that the closer the degree, the more severe the punishment
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Kathree, Fayeeza. "Convention on the Elimination of All Forms of Discrimination against Women." South African Journal on Human Rights 11, no. 3 (January 1995): 421–37. http://dx.doi.org/10.1080/02587203.1995.11827574.
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Cook, Rebecca J. "Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 103–23. http://dx.doi.org/10.1111/jlme.12008.
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Alyne da Silva Pimentel Teixeira died of postpartum hemorrhage (PPH) following the stillbirth of a 27-week-old fetus on November 16, 2002 in Rio de Janeiro, Brazil. Her death led in 2011 to the first decision of an international treaty body holding a government accountable for a preventable maternal death. The decision, Alyne da Silva Pimentel Teixeira (deceased) v. Brazil, was given by the Committee on the Elimination of Discrimination against Women (the Committee), established to monitor compliance by member states with the UN Convention on the Elimination of All Forms of Discrimination against Women (the Convention). The decision upheld a complaint, filed in 2007 against the state and government of Brazil, finding discrimination in the field of health care for Alyne’s avoidable maternal death, in breach of the Women’s Convention.
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Chernikov, Valery V., and Olga K. Goncharenko. "The problems of violence against women in international law." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 803–19. http://dx.doi.org/10.21638/spbu14.2021.319.
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The problems of violence against women and domestic violence were reflected in Goal No. 5 of the 2030 Agenda for Sustainable Development, which calls for gender equality and empowerment of women and girls while addressing such challenges as elimination of all forms of discrimination against women and girls; eradication of violence against women and girls in the public and private sphere, including human trafficking, sexual and other forms of exploitation; liquidation of all harmful practices, in particular forced marriages and female genital mutilation. In this article, the authors examine existing conventional and doctrinal definitions and qualifications of the terms “violence against women” and “domestic violence” in international law, explore international legal aspects of prevention and combatting violence against women and domestic violence, conduct a comprehensive analysis of a conceptual framework related to these offences, and present basic approaches to the concept of domestic violence. The authors also examine the link between two core international universal and regional legal acts in this field — Convention on the Elimination of all Forms of Discrimination against Women and Council of Europe Convention on preventing and combatting violence against women and domestic violence. The authors derive a new understanding of the due diligence principle (a well-known principle/standard in international law) with regard to violence against women and domestic violence issues, clarify its key components while codifying states’ main obligations in this sphere. In conclusion, the authors deduce that the questions of elimination of discrimination against women and eradication of violence against women can only be considered collectively, confirming the validity of the theory of a genderbased approach to the issue, which is adhered to by international human rights bodies.
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AGUSTINA, ARIFAH MILLATI. "HAK-HAK PEREMPUAN DALAM PENGARUSUTAMAAN RATIFIKASI CEDAW DAN MAQĀṢID ASY-SYARĪ‘AH." Al-Ahwal: Jurnal Hukum Keluarga Islam 9, no. 2 (July 31, 2017): 201. http://dx.doi.org/10.14421/ahwal.2016.09205.
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A concern in the elimination of discrimination against women with special treatment is recognized by the international community. This is manifested in the convention on the elimination of all forms of discrimination against women (CEDAW), which aims at achieving the equality and justice. The elimination of discrimination acts as the mainstreaming of women towards the gender equality. It is even formulated as a basic need for the promotion of the human rights in the millennium development goals. This article discusses maqāṣid asy-syarī'ah with the principle of substantive equality, the principle of non-discrimination in the fulfillment of basic freedoms and human rights, and the principle of state obligation that has the responsibility to ensure the realization of the right equality of men and women using the approach of al-maṣlaḥah.[Perhatian pada penghapusan diskriminasi terhadap perempuan dengan perlakuan khusus diakui oleh dunia Internasional. Hal ini diwujudkan dalam Convention on the Elimination of All Forms of Discrimination Againts Women (CEDAW) yang bertujuan untuk mencapai persamaan dan keadilan. Penghapusan diskriminasi tersebut berperan sebagai pengarusutamaan perempuan menuju kesetaraan gender. Bahkan hal ini dirumuskan sebagai kebutuhan dasar pemajuan hak asasi manusia dalam millenium development goals. Tulisan ini mendiskusikan maqāṣid asy-syarī'ah dengan prinsip kesetaraan substantif, prinsip non-diskriminasi dalam pemenuhan kebebasan-kebebasan dasar dan hak asasi manusia, serta prinsip kewajiban negara yang memiliki tanggungjawab untuk memastikan terwujudnya persamaan hak laki-laki dan perempuan, dengan menggunakan pendekatan al-maṣlaḥah.]
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Qosaj Mustafa, Ariana, and Bistra Netkova. "The Violence against Women and Domestic Violence and the right to liberty and security of person." Advances in Social Sciences Research Journal 8, no. 2 (February 8, 2021): 33–38. http://dx.doi.org/10.14738/assrj.82.9668.
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International human rights instruments specifically dealing with protection of women from violence, include the UN Convention on Elimination of All Forms of Discrimination against Women (CEDAW) and the Council of Europe Convention on protection from violence against women and domestic violence (Istanbul Convention), provide enhanced protection for women from all forms of mental and physical violence and maltreatment. These conventions pose international obligations to state parties to protect the rights of women that are victims of violence including the right to security of person. With respect to violence against women, the article analyses the scope of application of the right to liberty and security of person, by discussing also the possibility of the use of the right of security of persons to the action of other individuals with respect to violence against women, in particularly the state obligations related to domestic violence.
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Mansouri, Hojatollah. "A study on convention on the elimination of all forms of discrimination against women." Management Science Letters 2, no. 3 (April 1, 2012): 775–80. http://dx.doi.org/10.5267/j.msl.2011.11.015.
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Alvarez, José E. "The Missing Global Right to Health." Proceedings of the ASIL Annual Meeting 116 (2022): 3–6. http://dx.doi.org/10.1017/amp.2023.3.
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The World Health Organization's (WHO) Constitution affirms, in its preamble, a fundamental and non-discriminatory right to health and health care. In doing so, it echoes a number of widely ratified treaties and other international legal instruments with a strong claim to having the status of customary international law, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the ILO Convention on Indigenous and Tribal peoples in Independent Countries, and the Standard Minimum Rules for the Treatment of Prisoners. Most recently, the Institut de Droit affirmed that same fundamental right in Article 4 of its September 2021 Resolution on Epidemics, Pandemics, and International Law.
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Lisboa, Andressa Felix, Danilo De Oliveira, and Marcelo Lamy. "¿La Recomendación General N.º 24 de la Convención sobre la Eliminación de todas las Formas de Discriminación contra la Mujer amplía o construye una interpretación para los Estados Partes?" Cadernos Ibero-Americanos de Direito Sanitário 13, no. 2 (June 25, 2024): 19–28. http://dx.doi.org/10.17566/ciads.v13i2.1246.
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Objectives: This study examines whether General Recommendation (GR) No. 24, on women's health, broadens or constructs interpretations for the State parties of the Convention on the Elimination of All Forms of Discrimination against Women. Methodology: A documentary and bibliographical research was conducted to collect data and critically review international documents and specialized literature. The results were analyzed through critical-narrative review. Results: The Convention covers women's rights, including health, and the Committee on the Elimination of Discrimination against Women issues general recommendations to guide its implementation by State parties. GR No. 24 expands the original recommendations, addressing issues such as sexual health, gender-based violence, and participation in decision-making. Conclusions: The political interpretation of the Convention, as advocated by Kelsen, enables the observation of the needs and political context of the State parties. GR No. 24 expands the recommendations, reflecting the need to adapt public policies to global changes and women's needs. Submission: 03/18/24| Review: 06/02/24| Approval: 06/03/24
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Jacobs, Myriam. "A Conditional Promise." Netherlands Quarterly of Human Rights 12, no. 3 (September 1994): 271–85. http://dx.doi.org/10.1177/016934419401200303.
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One of the major problems regarding the Convention on the Elimination of All Forms of Discrimination against Women seems to be the issue of substantial reservations through which States Parties can exclude themselves from the treaty obligations. In this article the author tries to analyze the reasoning behind the reservations in order to initiate the discussion about universality of human rights of women.
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Tang, Kwong-Leung, and Jacqueline Tak-York Cheung. "Guaranteeing women's rights: The UN Women's Convention." International Social Work 43, no. 1 (January 1, 2000): 7–20. http://dx.doi.org/10.1177/a010517.
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This article looks at the success and limitations of the UN Convention on the Elimination of all Forms of Discrimination Against Women. The authors argue that one must not rely wholly on international agreement to promote women's rights. The Convention has a weak enforcement mechanism, and there have been problems in the implementation process. Some recommendations which touch on its supervisory and enforcement mechanisms are made and implications for social work practice are discussed.
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Ogorugba, Omozue. "Roles of the United Nations and International Legal Instruments in the Protection of Women’s Rights." Nigerian Juridical Review 16 (June 26, 2022): 79–102. http://dx.doi.org/10.56284/tnjr.v16i1.14.
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Discrimination and violence against women have become widespread and multi-facetted. Discrimination against women and girls are observable in many spheres of life including social, cultural, economic, health, education, in representation in public life and in determination of nationality. Women and girls suffer violence than their male counterparts at home as well as during armed conflicts, internal or international. In keeping with preamble of the Charter of the United Nations (UN) 1945 to ‘reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women…’ the organisation has over the years put in place measures to tackle the issues of discrimination and violence against women in order to protect the rights of women. Notable among such measures is the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the establishment of a committee of experts to monitor the implementation of the Convention in the members States. The aim of this article is to discuss the role of the UN in the elimination of discrimination and violence against women. It will also appraise relevant international instruments designed to protect the rights of women globally and at regional levels. The study adopts the doctrinal research method by with legal instruments and case law as the primary sources of data, and textbooks, journal articles and the Internet as the secondary sources of data.
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Holmes, Carolyn E. "Conventions, Courts, and Communities: Gender Equity, CEDAW and Religious Personal Law in India." Journal of Asian and African Studies 54, no. 7 (May 20, 2019): 965–79. http://dx.doi.org/10.1177/0021909619846535.
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The Convention for the Elimination of All Forms of Discrimination Against Women is central in outlining the gendered dimensions of human rights. India ratified this treaty with the reservation that it would be complied with only in accordance with the religious personal law. This article will examine the ways in which the convention interfaces with religious personal law, and the efficacy of the convention in both top-down and bottom-up reform of religious personal laws, as well as secular laws.
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Kjærgaard, Siff Lund. "Examining Gender Equality in Greenland in the Last Thirty Years." sibirica 22, no. 1 (March 1, 2023): 82–108. http://dx.doi.org/10.3167/sib.2023.220105.
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Abstract In 2021, The Committee on the Elimination of Discrimination Against Women examined Denmark's (including Greenland and the Faroe Islands) fulfillment of the rights ensured in The Convention on the Elimination of All Forms of Discrimination against Women. This article analyses gender equality in Greenland through investigating documents related to the Committee's examinations. The reason for focusing on women's rights in Greenland is the intersectional identity of the majority of Greenlandic women as both female and indigenous (Inuit). The article identifies several issues and explains the status of these issues, including how the Greenlandic government has tried to overcome them. The aim is to create an overview of the official status of women's rights in Greenland to help further the process of ensuring equality.
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DJU BIRE, CHATRYEN M., and Melinda Ratu Radja. "PERLINDUNGAN HAK PEREMPUAN BERDASARKAN CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINTS WOMEN (CEDAW) DALAM TRADISI KAWIN TANGKAP DI SUMBA." Jurnal Hukum Samudra Keadilan 18, no. 1 (May 21, 2023): 131–41. http://dx.doi.org/10.33059/jhsk.v18i1.7473.
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Diskriminasi merupakan suatu bentuk dari pelanggaran Hak Asasi Manusia tentunya yang telah melanggar hak asasi perempuan itu sendiri, sehingga diperlukan pemberdayaan kepada perempuan untuk memperjuangan segala bentuk hak-hak yang telah dilanggar. Diskriminasi terhadap wanita terjadi dalam berbagai aspek kehidupan baik yang dilakukan secara langsung maupun sacara tidak langsung. Kawin tangkap merupakan salah satu budaya yang ada di Provinsi Nusa Tenggara Timur khususnya di Kabupaten Sumba. Pemaksaan terhadap perempuan dalam melaksanakan perkawinan juga merupakan bentuk dari kawin paksa. Proses kawin tersebut tentulah melanggar Hak Asasi Manusia. Upaya untuk mengakhiri diskriminasi pada perempuan dalam pemaksaan perkawinan sudah diatur dalam Convention on The Elimination of All Forms of Discrimanation Against Women (CEDAW). Setiap orang memiliki hak yang sama untuk menikah, terlepas dari gender dan jenis kelamin orang tersebut. Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan, telah menjamin bahwa perempuan dapat menikah dengan persetujuan atau kehendak bebas juga merupakan bagian dari Convention on The Elimination of All Forms of Discrimanation Against Women.
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Failin, Failin, Anny Yuserlina, and Eviandi Ibrahim. "PROTECTION OF CHILDREN'S RIGHTS AND WOMEN'S RIGHTS AS PART OF HUMAN RIGHTS IN INDONESIA THROUGH RATIFICATION OF INTERNATIONAL REGULATIONS." JCH (Jurnal Cendekia Hukum) 7, no. 2 (March 31, 2022): 312. http://dx.doi.org/10.33760/jch.v7i2.557.
Full textAbstract:
Protection of human rights, regardless of age and gender, everyone has the right to protection. Indonesia as a state of law is obliged to protect the human rights of its people, and joining Indonesia as a member of the United Nations requires it to ratify regulations relating to the protection of children and women. This article will discuss the extent of ratification by the Government of Indonesia to promote the protection of children's rights and women's rights. This type of legal research is also commonly referred to as doctrinal legal research or library research. It is called doctrinal legal research because this research is only aimed at written regulations so that this research is very closely related to libraries because it will require secondary data in the library. The results of the study show that the Government of Indonesia has advanced the protection of children's rights with the ratification of the Convention on the Rights of the Child in the Presidential Decree of the Republic of Indonesia Number 36 of 1990, besides that it also gave birth to the Child Protection Law. As for the protection of women, in 1984 Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women through Law Number 7 of 1984 concerning Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, which was then followed by Presidential Instruction Number 9 of 2000 concerning Gender Mainstreaming and Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the protection of women in Indonesia is more protected.