scholarly journals Globalisation Of Women’s Rights Norms: The Right To Manifest Religion And ‘Orientalism’ In The Council Of Europe

2009 ◽  
Vol 4 ◽  
pp. 39 ◽  
Author(s):  
Charlotte Helen Skeet
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Freedom Of Expression ◽  
Women’S Rights ◽  
Council Of Europe ◽  
Equality Rights ◽  
Human Rights Norms ◽  
The Right ◽  
Domestic Law ◽  
General Indicator

Women’s access to and enjoyment of human rights are increasingly being used as a global measure of other “goods” in societies: for instance as a measure of development, a gauge of the health and depth of democracy and as a general indicator of a state commitment and adherence to international responsibilities. Therefore, while the study of women’s relationship to human rights is of considerable importance and interest in itself it is also gaining prominence across a range of other areas of international and domestic law. This might be viewed as a positive indication of the growing strength of women’s human rights norms but it bears closer analysis. Also within this discourse on women’s rights what rights norms are being globalised and how is this occurring? This paper considers how supposedly universalist rhetorics around equality rights can advance ‘orientalist’ and patriarchal discourses in relation to who “women” are and how their rights may be realised. Such discourses may hinder implementation of women’s rights especially for women who are “other.” This is particularly evident in relation to women’s rights to freedom of expression, the manifestation of religious freedom and rights to participate in culture. To illustrate this specific focus is given to the increasing discrimination against Muslim women and to human rights responses in this context within Europe.

scholarly journals Equality and Nondiscrimination Through the Eyes of an International Religious Organization: The Organization of Islamic Cooperation’s (OIC) Response to Women’s Rights

2017 ◽  
Author(s):  
Robert C. Blitt
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Family Values ◽  
Women’S Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Intergovernmental Organization ◽  
And Gender ◽  
Human Rights Norms ◽  
The Right

This article is the first of a two part series that draws on women‘s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one inasmuch as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the organization maintains no direct obligations or rights under key instruments such as the Universal Declaration on Human Rights (UDHR) or the International Covenant on Civil and Political Rights (ICCPR).Nevertheless, as part of its mandate representing 57 predominantly Muslim states, the OIC has increasingly asserted a role for itself on the international stage as "the collective voice of the Muslim world." This new assertiveness is particularly evident in the context of debates surrounding the content of human rights norms in international fora such as the United Nations, where the OIC has sought to develop common policy positions and encourage its members to vote as a bloc on issues of concern. Against this backdrop, the article concludes that supporters of universal human rights norms need to better understand how the OIC‘s mission to "protect and defend the true image of Islam" may impact international debates over the substance of equality and nondiscrimination norms, and develop appropriate responses to these efforts as a means to ensure that universality is not undermined.This article begins with a brief introduction to the OIC, and proceeds to explore its relationship with the principles of equality and nondiscrimination by examining its founding document and other relevant primary sources. With this understanding in place, the paper turns to examine the OIC‘s contemporary handling of these principles as manifested in debates surrounding women‘s rights as well as the relevance and impact of "Islamic family values" on the scope of those rights. This article‘s exploration of "family values" also serves as a pivot point to begin framing rights issues related to Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) individuals and related SOGI issues. Throughout this examination, the role of the OIC‘s newly established Independent Permanent Human Rights Commission (IPHRC) is considered as a means of appraising whether a shift in the OIC‘s position may be forthcoming.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

Allowing the Right Margin: The European Court of Human Rights and The National Margin of Appreciation Doctrine: Waiver or Subsidiarity of European Review?

2012 ◽  
Vol 14 ◽  
pp. 381-418 ◽  
Author(s):  
Dean Spielmann
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Council Of Europe ◽  
European Court ◽  
Margin Of Appreciation ◽  
Essential Question ◽  
Domestic Courts ◽  
The Right ◽  
Domestic Law

AbstractThe doctrine of the national margin of appreciation is well established in the case law of the European Court of Human Rights. In applying this essentially judge-made doctrine, the Court imposes self-restraint on its power of review, accepting that domestic authorities are best placed to settle a dispute. The areas in which the doctrine has most often been applied will be presented here, looking at various examples from case law. After a brief overview of the doctrine’s origin, the analysis will focus on the situations in which the margin has been allowed or denied. Does it relate merely to factual and domestic-law aspects of a case? What is the scope of the margin of appreciation when it comes to interpreting provisions of the European Convention on Human Rights? What impact does an interference (whether disproportionate or not) with a guaranteed right have on the margin allowed? Is there a second-degree or ‘reverse’ margin of appreciation, whereby discretionary powers can be distributed between executive and judicial authorities at domestic level? Lastly it is noteworthy that Protocol No 14, now ratified by all Council of Europe Member States, enshrines in Article 12—at least to some extent—an obligation to apply a margin of appreciation. One essential question remains: by allowing any margin of a certain width, is the European Court simply waiving its power of review or is it attributing responsibility to the domestic courts in the interest of a healthy subsidiarity?

scholarly journals Concept of Culture Relativism and Women’s Rights in Sub-Saharan Africa

2019 ◽  
Vol 54 (8) ◽  
pp. 1145-1158 ◽  
Author(s):  
Norah Hashim Msuya
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Women's Rights ◽  
Cultural Practices ◽  
Secondary Analysis ◽  
Sub Saharan Africa ◽  
Women’S Rights ◽  
Sub Saharan ◽  
And Gender ◽  
Human Rights Norms

This article discusses the challenges of the realization of women’s rights in relation to the concept of culture relativism in sub-Saharan Africa. It examines how the concept of culture is misconstrued with a traditional hierarchy and patriarchy approach that intervenes in the realization of women’s rights in sub-Saharan African states. Many societies are concerned that the promotion of gender equality would interfere with local culture; hence they feel that gender equality should not be promoted for ethical reasons. Women have been left with the unpleasant situation of choosing between their rights or their culture. Through secondary analysis and a critical review of the literature, the article engages in the debate on cultural diversity and gender equality, to challenge the existing stereotypes in sub-Saharan African cultures. It argues that traditional and cultural practices should adhere to the values of equality and human rights. The article proposes that cultural considerations will have to yield whenever a clear conflict with human rights norms becomes apparent.

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 Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future

2020 ◽  
Vol 3 ◽  
pp. 41-55
Author(s):  
Pavlo Pushkar ◽  
Oleksii Ivanets
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Freedom Of Religion ◽  
Council Of Europe ◽  
Effective Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right ◽  
Collective Dimension

This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to exercise a right to freedom of religion. Also, most importantly, the article deals with the requirements of the procedural protection of this right, supplemented guarantees of preventive nature and procedural nature aimed at ensuring effective protection of the right domestically. Such measures include domestic administrative or judicial action. The right to freedom of religion is a right, which integrates some aspects of its subsidiary implementation. In particular, in determining existence of legitimate aim and proportionality of interference with the right to freedom of religion. The article also discusses the relevance of “margin of appreciation” and “proportionality” as elements that influence academic discussions and public criticism of some of the approaches taken by the European Court of Human Rights in assessing compliance of measures taken by the states to limit exercise of freedom of religion.

International Obstacles to Russian Gender Discrimination Cases at the European Court of Human Rights

2019 ◽  
pp. 135-174
Author(s):  
Lisa McIntosh Sundstrom ◽  
Valerie Sperling ◽  
Melike Sayoglu
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Gender Discrimination ◽  
European Convention ◽  
Women’S Rights ◽  
Council Of Europe ◽  
Case Record ◽  
The Past ◽  
European Court ◽  
Very High

Chapter 5 takes up the international obstacles to successful gender discrimination claims at the European Court of Human Rights (ECtHR), both across the Council of Europe, and from Russia specifically. The reluctance of the Court until recently to find violations of Article 14 alongside violations of other articles of the European Convention on Human Rights (ECHR), the limited set of circumstances in which discrimination falls under the Convention’s jurisdiction, and the very high bar of evidence required to prove discrimination, all play a large part in explaining the Court’s miniscule case record on gender discrimination. Yet we also document how the Court has become more open in the past several years to finding sex-based discrimination violations, in part due to the diffusion of successful logics of argument among women’s rights lawyers, as well as the emergence of standards in other international women’s rights conventions that the ECtHR has begun to acknowledge, such as the Convention on Eliminating All Forms of Discrimination Against Women (CEDAW). The chapter discusses a variety of landmark cases at the ECtHR in this area, such as Opuz v. Turkey and Konstantin Markin v. Russia.

scholarly journals IN SEARCH OF CONSTITUTIONALITY: FREEDOM OF EXPRESSION AND INDONESIA’S ANTI-PORNOGRAPHY LAW

Yuridika ◽  
2012 ◽  
Vol 27 (2) ◽  
Author(s):  
R. Herlambang Perdana Wiratraman
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Women’S Rights ◽  
Cultural Expression ◽  
Broad Definition ◽  
The Government ◽  
Definition Of ◽  
Being Religious

In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development.Key words: Anti-Pornography, Freedom of Expression, Human Rights

scholarly journals LEGAL AND INSTITUTIONAL FRAMEWORK IN THE FIELD OF USE OF INFORMATION AT THE INTERNATIONAL REGIONAL LEVEL

2020 ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
Regional Level ◽  
Access To Information ◽  
Special Rapporteur ◽  
Council Of Europe ◽  
Model Law ◽  
Right To Information ◽  
The Right

The article analyzes international legal acts (American Convention on Human Rights, Inter-American Model Law on Access to Public Information, Model Law on Access to Information for Africa, Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on Freedom of Expression and Information, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Recommendations of the Committee of Ministers of the Council of Europe, Model Law on Informatization, Information and Information Protection, Model Inform Codes for the CIS member states, etc.) adopted within the framework of international intergovernmental organizations (Organization of American States, African Union, Council of Europe, Commonwealth of Independent States, etc.) at the regional level regarding the right to information. It is stated that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media. Attention is paid to the issue of access to public information that is in the use, possession or control of any government agency, including the types of information to be published (organizational structure, functions, responsibilities, procurement procedures, complaint mechanisms, etc.); the article analyzes the procedure for responding to requests for access to public information by public authorities. Attention is drawn to the respect for the right to information in the aspect of use of information and communication technologies. Attention is paid to the activities of specially authorized persons, monitoring institutions, bodies for compliance with international agreements in the field of information (Office of the Special Rapporteur on Freedom of Expression, Special Rapporteur on Freedom of Expression and Access to Information, Advisory Committee, The Council of Europe Data Protection Commissioner etc.). It is indicated that these bodies and officials established at the international regional level perform a number of functions, including: general monitoring of freedom of expression and access to information standards, investigation of specific situations of systemic violations of the right to freedom of expression and denial of access to information, cooperation with national authorities and human rights institutions, consulting Member States etc. The relevant conclusions have been drawn.

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