scholarly journals Advocating Abortion Rights in Northern Ireland

2016 ◽  
Vol 25 (6) ◽  
pp. 716-740 ◽  
Author(s):  
Catherine O’Rourke

It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.

Janus Head ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 9-43
Author(s):  
Gabriela Arguedas-Ramirez ◽  

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.


2019 ◽  
Vol 30 (3) ◽  
pp. 877-901
Author(s):  
Hala Khoury-Bisharat

Abstract Scholarly writings on internationally constituted commissions of inquiry (COIs), as outlined in the introduction to this symposium, give inadequate attention to the effects that they might have on local disputes that these bodies are often created to address. The United Nations Fact-Finding Mission on the Gaza Conflict (2009), popularly known as the Goldstone Commission, had unintended and unforeseen consequences at the domestic level. Specifically, the Commission caused a severe backlash against human rights organizations in Israel (IsHROs). This article analyses the backlash against the Commission and the effect of that backlash on human rights organizations and human rights advocacy in Israel and the Occupied Palestinian Territory in the first few years after the release of the Goldstone report. This case study reveals how a government can use a COI intervention in an ongoing conflict to deflect criticism against it and to delegitimize local human rights organizations and, as a result, to intensify enemy–friend dynamics within a conflict. The findings of this case study thus challenge the assumption of much of the socio-legal literature that the interaction of international human rights institutions with domestic actors leads to positive human rights change. But the case study also adds a new dimension to the academic and policy literature that has been critical of the international human rights enterprise in recent years. Despite delegitimization campaigns, international funding has increased for many IsHROs, and, eventually, some groups have become even more visible and have enjoyed, internationally, a higher reputation and greater credibility. The Commission’s experience thus demonstrates that the establishment of COIs in deeply divided conflict societies can have negative, as well as positive, implications on human rights.


2018 ◽  
Vol 7 (1) ◽  
pp. 82-102
Author(s):  
Francesco Seatzu

This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


2020 ◽  
Vol 2 (XX) ◽  
pp. 77-88
Author(s):  
Małgorzata Myl

Family, as a fundamental and natural group unity of society, has a special status both under a national law and under international regulations. The right to family life has been recognized as one of the basic human rights. States are obliged to respect the family life and to refrain from an arbitrary or unlawful interference in the life. In addition, States have obligations to adopt appropriate legal measures aimed at protecting everyone’s private and family life. Social changes should be taken into account during the implementation of States’ obligations (including changes in the family life model, eg. moving away from the ‘traditional’ concept of family as marriage of woman and man and their children). In the text it is presented an overview of how the concepts of family and family life are understood under the international human rights law. Then, the practice of the European and Inter-American human rights bodies was analyzed in relation to the protection of family life. The text is also an attempt to address the question whether people remaining in family models other than ‘traditional’ create the family life and whether the life in protected under the international human rights law.


2016 ◽  
Vol 67 (4) ◽  
pp. 409-432
Author(s):  
Brice Dickson ◽  
Conor McCormick

This article begins by briefly surveying relevant international human rights law concerning the right to education and critiques its failure to guarantee children an education which is free from parental and/or religious domination. It then makes a positive case for guaranteeing children the right to ‘education for humanity’, meaning an education which equips them to be citizens of the world rather than captives of a particular creed, view of history or community tradition. It argues that conflicts could be reduced if schools were to focus on conveying an understanding of a wide range of beliefs and cultures. The piece then tests this position by considering the current education system in Northern Ireland, looking at six dimensions to the ongoing influence of religion on that system. It makes some suggestions for reform and ends with a more general proposal for a guaranteed right to education for humanity worldwide.


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


2006 ◽  
Vol 19 (2) ◽  
pp. 349-391 ◽  
Author(s):  
ALICE EDWARDS

International human rights law has been the subject of much scrutiny by feminist scholars over the past two decades, principally because of the way in which it is seen as privileging the realities of men's lives while ignoring or marginalizing those of women. The international prohibition on torture is identified by feminist writers as a classic example of this ‘male’-gendered nature of human rights law. This article explores the extent to which key feminist critiques of the 1980s and 1990s are now reflected in the commentary and jurisprudence on torture of various international human rights bodies. It asks: have the critiques of international human rights law been satisfied by interpretations applied by international and regional bodies to this so-called ‘male’ right? It concludes by offering both caution and counsel – it cautions against the potentiality of new interpretations simply replacing old gender-based stereotypes with new ones and counsels international decision-makers to focus on the individual or personalized characteristics and circumstances of each claim, of which sex/gender may be but one factor.


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