scholarly journals When Universalism Becomes a Bully: Revisiting the Interplay Between Cultural Rights and Women's Rights

2019 ◽  
Vol 41 (3) ◽  
pp. 701-724
Author(s):  
Alexandra Xanthaki
Keyword(s):  
Women's Rights ◽  
Women’S Rights ◽  
Cultural Rights

scholarly journals A Violation of Woman’s Rights under Tradition of Belis in East Nusa Tenggara, Indonesia

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Wawan Suriadi ◽  
Shahrul Mizan Bin Ismail
Keyword(s):  
International Law ◽  
Violence Against Women ◽  
Women's Rights ◽  
Cultural Practice ◽  
Women’S Rights ◽  
Way Of Life ◽  
Cultural Rights ◽  
One Step ◽  
Victims Of Violence ◽  
Woman's Rights

Indonesia as a legal state has ratified several instruments of international law in order to protect women's rights. But restraint and violations of women's rights are still common. In East Nusa Tenggara, high dowry or Belis often trigger violence against women. This is triggered by the perception that the transfer of women's rights when the dowry or Belis has been paid by the men to the women’s family who ultimately give the ability and arbitrariness of men to commit acts of violence. So, the purpose of this study is to review more comprehensively how the practice of giving Belis or dowry in terms of international law and analyze the extent to which international and national law provides protection for the rights of women who are victims of violence. This research is legal doctrinal research using qualitative method. This research was conducted in literature by studying legislation at the national and international level, books, articles, journals, scientific reports related to the issues studied. From this study, it was found that the practice of giving Belis in the form of dowry in marriage is a cultural practice that is also protected by domestic and international law as part of the way of life or cultural rights. Acts of violence in the form of restraint on women's rights due to the repayment of Belis is a violation of women's human rights. So that these two things must be seen from two different sides. The number of national and international legal instruments does not guarantee that it can overcome the problem of violence against women. The legal culture of society in the form of high legal awareness and the willingness and commitment of the state is one step forward in order to provide protection of women's rights.

scholarly journals Women’s right to health – modern challenges: international legal aspect

2020 ◽  
Vol 4 ◽  
pp. 74-81
Author(s):  
Tetyana Syroyid
Keyword(s):  
Violence Against Women ◽  
Women's Rights ◽  
Legal Aspect ◽  
Right To Health ◽  
Global Strategy ◽  
Secretary General ◽  
Shared Responsibility ◽  
General Nature ◽  
Women’S Rights ◽  
Cultural Rights

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.

scholarly journals Women’s rights and minorities’ rights in Canada. The challenges of intersectionality in Supreme Court jurisprudence

2017 ◽  
Vol 9 (3) ◽  
pp. E-194-E-218 ◽  
Author(s):  
Valentina Rita Scotti
Keyword(s):  
Supreme Court ◽  
Gender Equality ◽  
Women's Rights ◽  
North American ◽  
Muslim Women ◽  
Case Law ◽  
Women’S Rights ◽  
Cultural Rights ◽  
British North American ◽  
The Impact

Abstract After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court’s adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.

scholarly journals Through the lens of forced displacement : refugee women's rights as human rights

2016 ◽  
Vol 6 (2) ◽  
pp. 454-462
Author(s):  
Pearl K. Atuhaire ◽  
◽  
Sylvia Blanche Kaye ◽  
Keyword(s):  
Women's Rights ◽  
Humanitarian Assistance ◽  
Women’S Rights ◽  
Clear Understanding ◽  
Cultural Rights ◽  
Refugee Women ◽  
Gender Based ◽  
And Gender ◽  
Feminism Theory ◽  
Political Economic

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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