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 Feminist Legacies

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 220-226
Author(s):  
Karen Engle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Violence Against Women ◽  
Women's Rights ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Women’S Rights ◽  
High Commissioner ◽  
International Law Commission

In February 2013, Navi Pillay, then UN High Commissioner for Human Rights, gave a speech to the General Assembly reflecting on the twenty years that had passed since the Vienna World Conference on Human Rights. She discussed three principal achievements of the Vienna Declaration and Programmeof Action, two of which were “its role in advancing women’s rights” and “its impact on the fight against impunity.” With regard to the first, she discussed the success of the “Women’s Rights are Human Rights” slogan at the conference and the institutional gains it spawned around violence against women(VAW). As for the second, she noted that “[p]erhaps most significantly, just one month after the establishment of the first ad hoc tribunal since Nuremberg [the ICTY], the Declaration nudged the International Law Commission to continue its work on a permanent international criminal court.” Although Pillay did not connect those two achievements—the recognition of women’s human rights and a new focus on impunity alongside international criminal responses to combat it—they were in fact intertwined.

scholarly journals Women's Rights in Recent Inter-American Human Rights Jurisprudence

2017 ◽  
Vol 111 ◽  
pp. 258-260 ◽  
Author(s):  
Bernard Duhaime
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Violence Against Women ◽  
Women's Rights ◽  
Ethnic Background ◽  
Private Sphere ◽  
Women’S Rights ◽  
Migrant Status ◽  
Public And Private ◽  
The Public

While certain aspects of women's rights had been addressed in earlier OAS instruments and more generally in the American Declaration on the Rights and Duties of Man and in the American Convention on Human Rights, many consider that the issue of women's rights was first incorporated in the normative corpus of the Inter-American Human Rights System (IAHRS) with the 1994 adoption of the Belém do Pará Convention on the Prevention, Punishment, and Eradication of Violence Against Women. This treaty obliges states to prevent, punish, and eradicate violence against women, taking special account of vulnerabilities due to race, ethnic background, migrant status, age, pregnancy, socioeconomic situation, etc. It defines the concept of violence against women and forces states to ensure that women live free of violence in the public and private sphere. It also grants the Commission and the Court the ability to process individual complaints regarding alleged violations of the treaty. Since 1994, the Commission has also established a Rapporteurship on the rights of women, which assists the IACHR in its thematic or country reports and visits, as well as in the processing of women's rights–related petitions. In recent years, the jurisprudence of the Commission and the Court has addressed several fundamental issues related to women's rights, in particular regarding violence against women, women's right to equality, and reproductive health.

A Nordic Approach to Promoting Women’s Rights within International Law: Internal v. External Perspectives

2016 ◽  
Vol 85 (4) ◽  
pp. 368-394 ◽  
Author(s):  
Cecilia M. Bailliet
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Women's Rights ◽  
Women’S Rights

This article explores whether there is a Nordic approach to women’s rights within international law, juxtaposing internal and external perspectives in order to identify dilemmas and remaining challenges. Recognition of the Nordic contribution to the drafting of the Convention on the Elimination of Discrimination against Women (cedaw) is contrasted with present day issues which complicate enjoyment of rights. The complexity of formulating a Nordic feminist foreign policy and the appointment of Nordic women as creators of international law is explored.

Gender, Religion, and International Relations

2014 ◽  
Author(s):  
Amanda E. Donahoe
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Women's Rights ◽  
Critical Analysis ◽  
Large Body ◽  
Religion And Politics ◽  
Cultural Practice ◽  
Political Agency ◽  
Women’S Rights ◽  
Women Scholars

Gender, religion, and politics are closely intertwined, and both have a significant impact on international relations (IR). There is a large body of literature dedicated to the intersections between gender, religion, and IR, and they can be categorized into matters regarding female subordination, human rights and equality, and feminism and agency. Religion has been historically, traditionally, and androcentrically gendered both in practice and ideology. A good portion of the literature on the linkages between gender and religion in the IR context discusses the ways in which women have been subordinated within Christianity, Judaism, Islam, Buddhism, and Hinduism. Their religious subordination can be linked to legal equality, and the different forms of subordinating women implicitly and often explicitly lead to the inequality of women. Scholars who address this issue vary widely between being critical of the religions that perpetuate inequality and a dearth of women’s rights, to arguing in support of religion but in critique of its application and cultural practice. In addition, as women’s rights are but one element of the international engagements of various forms of feminism, scholars also engage in a range of discussions on political agency and the critical analysis of gender from both within and without religious and secular feminisms.

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