scholarly journals Unpacking Adaptation: The Female Inheritance Movement in Hong Kong

2005 ◽  
Vol 10 (3) ◽  
pp. 421-439 ◽  
Author(s):  
Rachel Stern
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Gender Equality ◽  
International Community ◽  
Indigenous Women ◽  
Legislative Change ◽  
First Time ◽  
Critical Movement

In 1994, after a year of intense activism by indigenous women and their urban supporters, indigenous women in the New Territories of Hong Kong were legally allowed to inherit land for the first time. In pushing for legislative change, the female inheritance movement adopted key ideas—gender equality, human rights and a critique of patriarchy—from a global vocabulary of feminism and human rights. This article examines this rights frame to understand how, if at all, activists modified international conceptions of discrimination and rights to fit Hong Kong. Overall, the ideology was not fundamentally altered or adapted, but indigenized by local activists through the use of local symbols. More deep-rooted change was not necessary for two reasons: First, in the pre-handover moment, rights arguments derived political currency from their association with an international community. Also, critical movement participants, here termed translators, helped encompass the indigenous women's individual kinship grievances within a broader movement based on rights.

scholarly journals HAK-HAK PEREMPUAN DALAM PENGARUSUTAMAAN RATIFIKASI CEDAW DAN MAQĀṢID ASY-SYARĪ‘AH

2017 ◽  
Vol 9 (2) ◽  
pp. 201
Author(s):  
ARIFAH MILLATI AGUSTINA
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Millennium Development Goals ◽  
International Community ◽  
Special Treatment ◽  
Men And Women ◽  
Substantive Equality ◽  
Millenium Development Goals ◽  
Development Goals ◽  
The Right

A concern in the elimination of discrimination against women with special treatment is recognized by the international community. This is manifested in the convention on the elimination of all forms of discrimination against women (CEDAW), which aims at achieving the equality and justice. The elimination of discrimination acts as the mainstreaming of women towards the gender equality. It is even formulated as a basic need for the promotion of the human rights in the millennium development goals. This article discusses maqāṣid asy-syarī'ah with the principle of substantive equality, the principle of non-discrimination in the fulfillment of basic freedoms and human rights, and the principle of state obligation that has the responsibility to ensure the realization of the right equality of men and women using the approach of al-maṣlaḥah.[Perhatian pada penghapusan diskriminasi terhadap perempuan dengan perlakuan khusus diakui oleh dunia Internasional. Hal ini diwujudkan dalam Convention on the Elimination of All Forms of Discrimination Againts Women (CEDAW) yang bertujuan untuk mencapai persamaan dan keadilan. Penghapusan diskriminasi tersebut berperan sebagai pengarusutamaan perempuan menuju kesetaraan gender. Bahkan hal ini dirumuskan sebagai kebutuhan dasar pemajuan hak asasi manusia dalam millenium development goals. Tulisan ini mendiskusikan maqāṣid asy-syarī'ah dengan prinsip kesetaraan substantif, prinsip non-diskriminasi dalam pemenuhan kebebasan-kebebasan dasar dan hak asasi manusia, serta prinsip kewajiban negara yang memiliki tanggungjawab untuk memastikan terwujudnya persamaan hak laki-laki dan perempuan, dengan menggunakan pendekatan al-maṣlaḥah.]

scholarly journals Delivering on the Paris Promises? Review of the Paris Agreement’s Implementing Guidelines from a Human Rights Perspective

Climate Law ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. 202-223
Author(s):  
Sébastien Duyck
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Indigenous Peoples ◽  
Paris Agreement ◽  
Climate Policies ◽  
Global Environmental ◽  
Explicit Reference ◽  
Litmus Test ◽  
Key Aspects ◽  
First Time

The adoption of the Paris Agreement in 2015 constituted an unprecedented step in the recognition by states of the importance of ensuring that their action on the climate is informed by human rights: for the first time a global environmental legal instrument referred explicitly to human rights. However, whether this provision will contribute to the shaping of climate policies depends significantly on the extent to which it is integrated into further guidance regarding the implementation of the Agreement. The adoption by states of guidance on most aspects of the Paris Agreement, at cop 24/cma1.3, in December 2018, is a litmus test on whether the implementation of the Agreement is likely to reflect a higher level of integration of human rights concerns into climate governance. Having noted the absence of explicit reference to human rights in the guidelines, this article reviews key aspects of the guidelines from the perspective of principles related to human rights, such as public participation, gender equality, and respect for the rights and knowledge of indigenous peoples. This review includes an analysis of the final provisions in key chapters of the guidelines. It is informed by the positions put forward by countries throughout the drafting process as well as by the evolution of negotiating texts prior to the finalization of the guidelines. The review finds that cop 24/cma1.3 failed, for the most part, to uphold the principles laid out in the preamble to the Paris Agreement, particularly in relation to human rights; the guidelines make only a few references to human-rights-related principles.

scholarly journals Humanitarian Concerns and Deportation Orders Under the Immigration Act 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

2012 ◽  
Vol 43 (3) ◽  
pp. 423
Author(s):  
Timothy P Fadgen ◽  
Guy Charlton
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
New Zealand ◽  
International Community ◽  
International Human Rights ◽  
Legislative Change ◽  
Immigration Laws ◽  
International Obligations ◽  
International Human ◽  
Meaningful Role

New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the focus of this article, are migrants suffering from a mental illness. This article addresses the narrow question of rights accorded these individuals under the Immigration Act 2009 in light of New Zealand's long-standing international human rights obligations. The article questions the protection afforded an individual facing deportation under this Act in light of statutory changes that no longer require an immigration officer to issue a justification for issuing an order of deportation and argues, in light of this legislative change, that a "hard look" standard of review is required if the judiciary is to continue to have any meaningful role in ensuring executive compliance with international obligations.

Women’s Human Rights in the Governance of the Arctic – Gender Equality and Violence against Indigenous Women

2018 ◽  
Vol 9 (1) ◽  
pp. 53-78
Author(s):  
Monica Burman ◽  
Eva-Maria Svensson
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Rural Women ◽  
Indigenous Women ◽  
The Arctic ◽  
Special Focus ◽  
Public Governance ◽  
The Public ◽  
Women’S Human Rights ◽  
Women's Human Rights

Previous studies show a lack of deference and activities when it comes to women’s human rights and gender equality in the multi-level governance of the Arctic. According to the Committee on the Elimination of Discrimination against Women, women in the Arctic are vulnerable, in particular indigenous and rural women. Their rights are not upheld in the Arctic states for example when it comes to exposure to violence, equal participation in governing bodies, and economic self-support. The public governing bodies have almost no focus on gender equality at all, despite far-reaching international obligations and, for several of the states, national ambitious agendas for gender equality politics. International instruments with obligations to strive for gender equality, such as the CEDAW, the ILO Convention 169 and UNDRIP, are scarcely referred to and not sufficiently implemented by the public governance bodies.The aim of this article is to raise awareness of the obligations set up by human rights documents to promote women’s rights in the governance of the Arctic, in order to put pressure on the states to develop strategies for a future gender equal governance. We have a special focus on the general lack of awareness within public governance, and on men’s intimate partner violence against indigenous women.

Islam, Gender, and Democracy in Comparative Perspective

2017 ◽  
Keyword(s):  
Human Rights ◽  
Comparative Literature ◽  
Gender Equality ◽  
Gender Inequality ◽  
Women's Rights ◽  
Women’S Rights ◽  
Muslim Countries ◽  
And Gender ◽  
Shed Light

This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.

scholarly journals Blasphemy Law as a Structural Violence: A Challenge for Maintaining Sustainable Peace

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Cekli Setya Pratiwi ◽  
Sidik Sunaryo
Keyword(s):  
Human Rights ◽  
Structural Violence ◽  
International Community ◽  
Peace Studies ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Standards ◽  
Muslim Countries ◽  
Sustainable Peace ◽  
The Right

Abstract Blasphemy law (BL) has become a central issue for the international community in various parts of the world in the last three decades. In almost every case involving the BL, especially in Muslim countries, such as Pakistan, Malaysia, and Indonesia, they are always responded with violence or threats of attack that cause many victims, loss of homes, damage to places of worship, evictions, stigma of being heretical, severe punishments, or extra-judicial killings. When international human rights law (IHLR) and declaration of the right to peace are adopted by the international community, at the same time, the number of violence related to the application of BL continues to increase. This paper aims to examine the ambiguity of the concept of the BL in Pakistan, Indonesia, and Malaysia, and how its lead to the weak of enforcement that creates social injustice and inequality. Then, referring to Galtung’s theory of structural violence and other experts of peace studies, this paper argues that blasphemy law should be included as a form of structural violence. Therefore its challenges these States to reform their BL in which its provisions accommodate the state’s neutrality and content high legal standards. Thus, through guarantee the fully enjoyment of human rights for everyone may support the States to achieve sustainable peace.

Advances and progress in the obligation to return the remains of missing and forcibly disappeared persons

2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Community ◽  
International Courts ◽  
Missing Persons

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.

Sign in / Sign up

Export Citation Format

Share Document