Women’s Rights, Gender and Climate Change Law in Africa: Advancing an Equity Agenda

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Michael Addaney ◽  
Chantelle Gloria Moyo

The consequences of climate change are not only disproportionately felt by the most vulnerable and poorest populations, there are also disparities along gender lines. The connections between climate change, gender equality and women’s rights are not only complicated but also multidimensional. In contrast, most existing studies on gender and climate change action offer a narrow conception of what gender equality and women’s rights mean in the context of climate change action. Considering these thorny linkages between climate change, gender equality and women’s rights in Africa, this article examines the intersection between gender equality, women’s rights and climate change action by focusing on African Union law and the climate change legislative and policy responses from Kenya, Zimbabwe and South Africa. The article adopts a doctrinal method and two analytical approaches – the human rights-based approach and insights from feminist approach to law – to argue that since human-rights law places the protection and fulfilment of fundamental human rights and group interests at its core, its legal threshold demands that all actions which can have an impact on human rights, including climate change responses, are bound by its rules. The article argues that gender equality and women’s rights are guaranteed in international and regional law in Africa and therefore provide a legal basis for the integration of gender equality and the protection of women’s rights in national climate change action. 

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.


2020 ◽  
Vol 15 (1) ◽  
pp. 74-82
Author(s):  
Budi Hermawan Bangun

This paper focuses on the origin and development of women’s rights and the principle of gender equality in the perspective of legal philosophy.Women's rights as part of Human Rights were born and developed from thoughts about the importance of protecting and fulfilling the rights of women who belong to vulnerable groups and also to ensure gender equality.Although it has been accommodated in various national and international legal instruments, de facto fulfillment of women's rights must still be ensured by each country.Fulfillment of women's rights in the perspective of legal philosophy seeks to obtain justice as the highest goal of the law itself and ensure the realization of the principle of equality before the law.


2019 ◽  
Vol 54 (8) ◽  
pp. 1145-1158 ◽  
Author(s):  
Norah Hashim Msuya

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.


2020 ◽  
Vol 20 (3) ◽  
pp. 453-479
Author(s):  
Nicole Nickerson

Abstract Does practice demonstrate the legitimacy of international human rights law? This article explores this question via a case study of the women’s rights movement in Iran. Current human rights sceptics question the system’s legitimacy because of a lack of universality and an excessive top-down approach. However, the Islamic Republic of Iran has a remarkable community of grassroots activists. The bottom-up women’s rights initiative of the One Million Signatures Campaign utilised human rights discourse in combination with local, indigenous values in pursuit of gender equality. The article argues—via the case study of this movement—that there is practical evidence to support a theory of human rights universalism, as positive human rights law empowers the existing subjectivity of individuals. The universal legitimacy of international human rights law does not primarily come from a global network dictating common values, but from members of civil society mobilising their status as rights holders.


2020 ◽  
Vol 11 (11) ◽  
pp. 201-207
Author(s):  
Paliy N.O.

This article highlights the issues of equal women’s access to professions. The purpose of the study is to analyse Biarritz Partnership platform as an international gender equality initiative. Biarritz Partnership gives an opportunity to learn about positive international experience that can be a subject for imitation and use in national systems, including in Ukraine. At present, Ukraine has chosen a course to consolidate gender equality legislation, in particular, equal opportunities for women in profession. The confirmation of this is the initiation of Ukraine's accession to Biarritz Partnership. In the course of the study, it was analysed recommendations, mainly for the countries G7 regarding implementation of the progressive laws to ensure gender equality. Specifically, it was analysed such areas of combating discrimination against women, as: ending gender-based violence, ensuring inclusive, equitable, and quality education and health, promote the economic empowerment of women, and ensuring full gender equality in policies and in public life. The article focuses on the gender equality platform, which provides to countries the strategic opportunity to take a significant step toward equality through the adoption of laws and their implementation. In particular, the article analyses the Recommendation of the Gender Equality Advisory Council for advancing gender equality and the empowerment of girls and women and Call to Action. Recommendation of the Gender Equality Advisory Council contains illustrations of the laws of certain country, adoption of whose show positive developments in the area of women's rights. The platform of gender equality is created for discussion that allows leaders of G7 members and other countries to focus on gender equality, and in particular, on women's access to the profession. Biarritz Partnership draws countries' attention to urgent issues and encourages countries to dialogue to close gaps in gender legislation. The article focuses on the importance of studying, discussing and researching the international experience of countries where there is a positive practice of implementation legislation concerning women's access to the profession. This is the key to a quality settlement of the issue of protection of women's rights in Ukraine. The practical significance of this article is to explore the issue of women's free choice of profession. Such knowledge will help to remove barriers to women's access to economic opportunities. Scientific developments in this field can be used to ensure gender equality, to amend in the existing legislative of Ukraine in order to protect human rights to women's free choice of profession and place of work. Keywords: Biarritz partnership, gender equality, women's access to the profession, free choice of professions, protection of human rights


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