16. Women’s rights

2017 ◽  
Author(s):  
Dianne Otto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Women's Rights ◽  
Gender Mainstreaming ◽  
Innovative Approach ◽  
Women’S Rights ◽  
Strong Version ◽  
Substantive Equality ◽  
Women's Equality ◽  
The Law

This chapter examines women’s rights. Section 2 describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. Section 3 examines the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, the drafters of which aimed to address the problems attending the concept of non-discrimination by promoting a strong version of women’s substantive equality. Section 4 considers the strategy of ‘gender mainstreaming’ adopted in the 1990s, which sought to reinterpret mainstream human rights to be inclusive of women’s experiences. Section 5 concludes by highlighting some continuing obstacles presented by the law itself, which prevent women from successfully claiming and enjoying human rights.

scholarly journals Hak Perempuan dan Kesetaraan Gender dalam Perspektif Filsafat Hukum

2020 ◽  
Vol 15 (1) ◽  
pp. 74-82
Author(s):  
Budi Hermawan Bangun
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Women's Rights ◽  
Legal Philosophy ◽  
Vulnerable Groups ◽  
Women’S Rights ◽  
The Law

This paper focuses on the origin and development of women’s rights and the principle of gender equality in the perspective of legal philosophy.Women's rights as part of Human Rights were born and developed from thoughts about the importance of protecting and fulfilling the rights of women who belong to vulnerable groups and also to ensure gender equality.Although it has been accommodated in various national and international legal instruments, de facto fulfillment of women's rights must still be ensured by each country.Fulfillment of women's rights in the perspective of legal philosophy seeks to obtain justice as the highest goal of the law itself and ensure the realization of the principle of equality before the law.

Between the Margins and the Mainstream

2019 ◽  
pp. 205-222 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
Women's Rights ◽  
Women’S Rights ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Standards

This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural bases of women’s disadvantage remain obscured in both locations.

scholarly journals ‘Equally unequal or unequally equal’

2017 ◽  
Vol 17 (2) ◽  
pp. 70-85
Author(s):  
Ebenezer Durojaye ◽  
Yinka Owoeye
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Men And Women ◽  
Substantive Equality ◽  
The Supreme Court ◽  
Formal Equality ◽  
Court Of Appeal

The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach to interpreting section 42 of the Constitution. Rather, the courts have tended to adopt the formal equality approach to interpreting the section. Analysing some decisions of the Court of Appeal and the Supreme Court, the article argues that in order to safeguard women’s rights and address gender inequality in the country, Nigerian courts should lean towards substantive equality approach to the interpretation of section 42 of the Constitution. This is not only consistent with Nigeria’s obligations under international law but also crucial to addressing historical imbalances between men and women in the country.

scholarly journals Navigating the Tensions: Women’s Rights, Religion and Freedom of Religion or Belief

2021 ◽  
Vol 16 (2-3) ◽  
pp. 67-92
Author(s):  
Nazila Ghanea
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Freedom Of Religion ◽  
Women’S Rights ◽  
International Human Rights Law ◽  
International Treaties ◽  
Advocacy Groups ◽  
Rights Of The Child ◽  
Women's Equality ◽  
Human Rights Norms

Abstract Despite the normative integration between freedom of religion or belief (FORB) and women’s equality, these synergies are difficult to discern and there is a common misperception that women’s rights to equality and FORB are clashing rights. This is compounded by the extensive religiously phrased reservations by states upon ratification of international treaties that amplify this misperception that FORB serves to restrict women’s rights to equality. The advocacy groups supporting these rights, and also their normative sources in international human rights law instruments, are largely distinct. However, general non-discrimination provisions do address both, and General Comment no. 28 captures both rights holistically. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence, and interrelatedness of all human rights norms. They also lie in the realization that FORB is a right like any other. FORB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights to equality. This is particularly the case with harmful practices, as elaborated in the joint general recommendation/General Comment no. 31 of the Committee on the Elimination of All Forms of Discrimination against Women and no. 18 of the Committee on the Rights of the Child however, the core principles also extend to other infringements of women’s rights to equality. It is essential to (re)vitalize the synergies between FORB and women’s equality in order to advance each of these rights, to be able to address overlapping rights concerns, and to adequately acknowledge intersectional claims. Furthermore, the relevant advocacy groups and human rights mechanisms need to give further attention to this as a priority matter.

scholarly journals MEMBONGKAR PATRIARKHISME ISLAM SEBAGAI KEARIFAN BUDAYA LOKAL: Sebuah Kritik Terhadap UU. No. 1 Tahun 1974 Tentang Perkawinan

2012 ◽  
Vol 13 (2) ◽  
pp. 223
Author(s):  
Habib Shulton Asnawi
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Patriarchal Ideology ◽  
Protection Of Human Rights ◽  
Historical Role ◽  
The Law ◽  
The Government

Patriarchism’s Islam is not a form of accusation that Islam is a patriarchal  religion. Patriarchism’s Islam here is a way of interpretation by certain circles, because of its cultural, political, social and historical role of specific, resulting in the claim that Islam is a religion that favor the ideology of patriarchy. This patriarchal ideology that considers women as inferior beings position than men. This forms a negative paradigm to the framers of the law in particular is the law. No. 1 Year 1974 About Marriage. As a result of the UUP, women in Indonesia, suffered discrimination and injustice, this is certainly a violation of human rights. The protection of women's rights is the duty of the government of Indonesia. Therefore, reform/amendment UUP is a necessity that should be done, in order of justice, equality and protection of human rights, especially as indigenous efforts in Indonesia.

scholarly journals Feminist Legacies

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 220-226
Author(s):  
Karen Engle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Violence Against Women ◽  
Women's Rights ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Women’S Rights ◽  
High Commissioner ◽  
International Law Commission

In February 2013, Navi Pillay, then UN High Commissioner for Human Rights, gave a speech to the General Assembly reflecting on the twenty years that had passed since the Vienna World Conference on Human Rights. She discussed three principal achievements of the Vienna Declaration and Programmeof Action, two of which were “its role in advancing women’s rights” and “its impact on the fight against impunity.” With regard to the first, she discussed the success of the “Women’s Rights are Human Rights” slogan at the conference and the institutional gains it spawned around violence against women(VAW). As for the second, she noted that “[p]erhaps most significantly, just one month after the establishment of the first ad hoc tribunal since Nuremberg [the ICTY], the Declaration nudged the International Law Commission to continue its work on a permanent international criminal court.” Although Pillay did not connect those two achievements—the recognition of women’s human rights and a new focus on impunity alongside international criminal responses to combat it—they were in fact intertwined.

scholarly journals Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

2018 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Hanna Christine Ndun ◽  
Sarah Suttor ◽  
I Gusti Agung Ayu Dike Widhiyaastuti
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Customary Law ◽  
Women’S Rights ◽  
Court Decisions ◽  
Equal Rights ◽  
Men And Women ◽  
The Law ◽  
The Right

There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

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