scholarly journals The Concept of "Women's Rights" and Constitutional Freedom of Labor: Terminology Clarifications and Implementation Problems

2021 ◽  
pp. 24-27
Author(s):  
Alexandr Golovinov ◽  
Yulia Golovinova

The publication is aimed at defining the essence of the concept of "women's rights". The article shows that the concept of “women's rights” is widely used in the system of normative legal acts in Russia. The domestic legislator, resolutely opposing gender asymmetry, understands the rights of women as a system of integral and inalienable rights, freedoms and obligations for every woman, girl, adolescent girl, regardless of her age, citizenship, race, ethnic or religious affiliation. Using hermeneutic tools, an attempt is made to show the content and problems of the implementation of the labor rights of females. The article emphasizes that horizontal segregation develops under the influence of many factors due to the mentality and preference of various types of activities for men and women. Ultimately, women in general end up with lower income jobs. The authors found that the problems in Russia are the separation of professions into "male" and "female", which entails different wages; the feminization of poverty and unemployment; horizontal professional mobility for women. The increasing number of appeals associated with the violation of the socio-economic rights of women and their making the most of their labor potential become the subject of justice, in particular of constitutional justice in the Russian Federation.

Author(s):  
Elena Novopavlovskaya ◽  
Alexander Lavrentiev

The conscription for military service is a constitutional duty, the duty to defend the Fatherland – the order, the conditions for its implementation, problems and ways to resolve them are the object of attention in domestic science and the subject of various conflicts, litigation, incl. in the Constitutional Court of the Russian Federation. Currently, the bulk of the issues related to conscription for military service have been removed, not least thanks to the mechanism of constitutional justice.


Constitutional (statutory) courts are among the most effective bodies to protect the rights and freedoms of citizens. As a result of constitutional (statutory) legal proceedings, not only the person who filed the complaint receives judicial protection, but also other citizens whose rights were violated or could be violated, since recognizing a normative legal act as inadequate to the constitution, such a court cancels it. In his work, the author attempts to objectively assess the level and state of constitutional justice in the regions of the Russian Federation. In view of the fact that, with the exception of justices of the peace, the constitutional (statutory) courts are the only courts of the subjects of the Russian Federation, their absence in most entities violates the principle of separation of powers that is necessary in any democratic state. In addition, constitutional (statutory) courts play an important part in protecting the rights and freedoms of citizens, including allowing them to challenge the constitutionality of a particular law of the subject, as well as, for example, the regulatory legal act of the local government. The author concludes that there is a necessity to organize such courts, analyzes the problems in the already established courts of this category, and also formulates proposals for improving constitutional justice in the subjects of the Russian Federation.


Author(s):  
Katherine M. Marino

This chapter examines how, during the Second World War, Latin American feminists continued to push broad meanings of international women’s rights and human rights in spite of little support from their U.S. counterparts. The women from the U.S. Women’s and Children’s Bureaus who replaced Doris Stevens in the Inter-American Commission of Women avoided promoting women’s “equal rights” because of the fraught Equal Rights Amendment debate in the U.S. Latin American feminists effectively pushed these U.S. counterparts on a number of issues, including toward advocacy for maternity legislation, which Latin American feminists asserted as a human right. The Atlantic Charter and Franklin D. Roosevelt’s Four Freedoms, which underscored social and economic rights, inspired Latin American feminists’ broad calls for human rights. Their framings included women’s rights, and greater economic security and multilateral relations in the Americas. These demands came together at the 1945 Chapultepec conference where a number of Latin American feminists in the Inter-American Commission of Women also paved the way for Latin American countries to appoint women to their delegations going to the conference that would create the United Nations.


2020 ◽  
pp. 1-23
Author(s):  
Kennedy Kariseb

Abstract On the occasion of its 25th Ordinary Session held in Bujumbura, Burundi, from 26 April to 5 May 1999, the African Commission adopted resolution ACHPR/res.38 (XXV) 99 on the appointment of a Special Rapporteur on the Rights of Women in Africa (SRRWA), retrospectively with the appointment taking effect from 31 October 1998. This means that the mechanism of the SRRWA is roughly making twenty years since its initial inception. Coming of age and time, the twenty years of existence of the mechanism of the SRRWA makes it not only one of the oldest (and perhaps most successful) mechanisms of the African Commission; but one that has been the subject of tremendous triumph, trial and tribulation. Over the past two decades, the mechanism has been a product of both progression and regression. By and large the mechanism of the SRRWA has played an appreciable role in the advancement of women’s rights on the African continent. This article aims at taking stock of the achievements and failures of the 20 years of the work of the SRRWA. Although taking pride in the achievements of the mechanism, this article argues for incremental reforms within the mechanism, including the refining of the terms of reference of the mandate; the need for closer cooperation with global and regional systems mechanisms, women at grassroots including women’s rights movements, and mutual support from civil society organisations.


2019 ◽  
Vol 11 (2) ◽  
pp. 244
Author(s):  
Rahma Santhi Zinaida ◽  
Siti Lady Havivi

<em>The National Commission on Violence Against Women in Indonesia through their website, release that there are three women who become victims of sexual violence every two hours. Kalyanamitra was chosen as the subject of the study because there are not many NGO’s committed in protecting women's rights in Indonesia that have survived for more than 33 years. This study aims to explain how the communication strategy has been done in this organization through their official website. The important of doing this study is that can inspire other NGO’s to optimize the use of online media. The theories used in this study are Media Rich Theory (MRT). This study use interpretative paradigm with the type of research is qualitative descriptive. Data were collected by using content analysis from website https://www.kalyanamitra.or.id/#. As the result, Kalyanamitra has done effective communication strategy by using techniques such as canalizing, informative, persuasive, and also educative.</em>


Author(s):  
Katherine M. Marino

This chapter illustrates how Latin American popular front feminists seized leadership of the Inter-American Commission of Women at the 1938 Eighth International Conference of American States in Lima and continued to expand the movement. Drawing on the groundwork paved by Ofelia Dom쭧uez Navarro, Clara Gonzoz, Paulina Luisi, Bertha Lutz, and Marta Vergara, who continued organizing in these years, the Unión de Mujeres Americanas, the Confederación Continental de Mujeres por la Paz, and a new force of Mexican poplar front feminists united. They promoted women’s social and economic rights, anti-fascism, anti-racism, and anti-imperialism as interconnected struggles. A leader in this network, the communist feminist Esperanza Balmaceda, who was appointed to the Mexican delegation to the Lima conference, collaborated there with Latin American feminists, the U.S. State Department, and U.S. female reformers in the Roosevelt administration to remove Stevens as chair of the Commission. At the same time, they mobilized a broader defense of what the Lima conference called “derechos humanos.” There and at the Congreso de Democracias in Montevideo, Uruguay, co-organized by Paulina Luisi, feminists asserted the need for a grassroots movement, for women’s rights treaties, and for broad commitments to human rights in the Americas.


Author(s):  
Margaret A. McLaren

This chapter assesses the human rights framework as a paradigm for global gender justice. First, it examines the gains made by the “women’s rights as human rights” movement; this movement brought issues of sexual and gender violence under the purview of human rights. Next, the chapter argues for the importance of economic and social rights, and supports the indivisibility of legal, political, social, and economic rights. However, some postcolonial feminists challenge the rights framework’s claim to universality, and care ethicists criticize its strong individualism. The chapter proposes that a feminist social justice approach provides a more comprehensive framework for negotiating the complex relationships among gender, class, religious, and racial and ethnic identities and oppression than a human rights framework.


2019 ◽  
pp. 335-352 ◽  
Author(s):  
Flavia Agnes

This chapter scrutinizes the triple talaq issue in the context of an aggressive Hindu nationalism in India to provide the intersectional and historical context for the overemphasis on triple talaq and the lack of reporting on the progress in Muslim women’s rights, and to challenge popular misconceptions surrounding Muslim personal law. Why is there an overemphasis on triple talaq today to the exclusion of all other gender concerns? Agnes highlights how the discourse around triple talaq has constrained the discussion of abandoned women within the confines of Muslim communities, even while separated and abandoned Hindu women number 2 million out of 2.3 million in India. Through reflecting on the triple talaq issue, she seeks to find effective strategies to secure dignity and economic rights for women in a context where women’s rights are posed as oppositional to (Muslim) community rights.


2012 ◽  
Vol 38 (4-5) ◽  
pp. 525-533 ◽  
Author(s):  
Nouzha Guessous

Major changes have taken place in Muslim societies in general during the last decades. Traditional family and social organizational structures have come into conflict with the perceptions and needs of development and modern state-building. Moreover, the international context of globalization, as well as changes in intercommunity relations through immigration, have also deeply affected social and cultural mutations by facilitating contact between different cultures and civilizations. Of the dilemmas arising from these changes, those concerning women’s and men’s roles were the most conflictive issues because of different interpretations and evaluations of historical, religious and/or cultural heritages. In the case of Morocco, for over 30 years, women’s and human rights NGOs have acted and advocated to promote women’s rights. The main disputes have concerned the distinction between what is within the requirements of Islam and what is the consequence of traditional social beliefs and practices. This ended nevertheless with the adoption by the Parliament of a new Family Law proclaimed in February 2004. This law was the result of a process of consultation and national debate, which made possible substantial progress in terms of proclaimed values of equality of rights between men and women, with the support of most national political and social leaders. Several lessons can be learned from the Moroccan experience. The crucial role of civil society, the political support of the state at its highest level, the working methodology of the Royal Advisory Commission and the final process for the adoption of the new code were from the most determinant parameters. In light of recent developments in some majority-Muslim countries, the future of women’s rights is a key issue of the so-called Arab spring. Muslim women’s challenges and struggles are not only ideological and legal battles, but they are also social and political struggles for which one of the major conditions is to prevent and prohibit the use of Islam as a political instrument. Muslim societies need to educate people properly and change their traditional representations and patterns of thought. To promote justice, equity and equality in general, as well as to protect women’s economic rights, they need appropriate economic and social policies. Then women can really promote, protect and benefit from the advances of their legal status.


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