scholarly journals Equality and Nondiscrimination Through the Eyes of an International Religious Organization: The Organization of Islamic Cooperation’s (OIC) Response to Women’s Rights

2017 ◽  
Author(s):  
Robert C. Blitt

This article is the first of a two part series that draws on women‘s rights and sexual orientation and gender identity (SOGI) to explore how the Organization of Islamic Cooperation (OIC) represents, interprets and seeks to impact the right to equality and protection against discrimination as enshrined under international human rights law. The study is a novel one inasmuch as the OIC is neither a state nor a religious group per se. Rather, the OIC stands out as the only contemporary intergovernmental organization unifying its member states around the commonality of a single religion. In this capacity, the organization maintains no direct obligations or rights under key instruments such as the Universal Declaration on Human Rights (UDHR) or the International Covenant on Civil and Political Rights (ICCPR).Nevertheless, as part of its mandate representing 57 predominantly Muslim states, the OIC has increasingly asserted a role for itself on the international stage as "the collective voice of the Muslim world." This new assertiveness is particularly evident in the context of debates surrounding the content of human rights norms in international fora such as the United Nations, where the OIC has sought to develop common policy positions and encourage its members to vote as a bloc on issues of concern. Against this backdrop, the article concludes that supporters of universal human rights norms need to better understand how the OIC‘s mission to "protect and defend the true image of Islam" may impact international debates over the substance of equality and nondiscrimination norms, and develop appropriate responses to these efforts as a means to ensure that universality is not undermined.This article begins with a brief introduction to the OIC, and proceeds to explore its relationship with the principles of equality and nondiscrimination by examining its founding document and other relevant primary sources. With this understanding in place, the paper turns to examine the OIC‘s contemporary handling of these principles as manifested in debates surrounding women‘s rights as well as the relevance and impact of "Islamic family values" on the scope of those rights. This article‘s exploration of "family values" also serves as a pivot point to begin framing rights issues related to Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) individuals and related SOGI issues. Throughout this examination, the role of the OIC‘s newly established Independent Permanent Human Rights Commission (IPHRC) is considered as a means of appraising whether a shift in the OIC‘s position may be forthcoming.

Author(s):  
Charlotte Helen Skeet

Women’s access to and enjoyment of human rights are increasingly being used as a global measure of other “goods” in societies: for instance as a measure of development, a gauge of the health and depth of democracy and as a general indicator of a state commitment and adherence to international responsibilities. Therefore, while the study of women’s relationship to human rights is of considerable importance and interest in itself it is also gaining prominence across a range of other areas of international and domestic law. This might be viewed as a positive indication of the growing strength of women’s human rights norms but it bears closer analysis. Also within this discourse on women’s rights what rights norms are being globalised and how is this occurring? This paper considers how supposedly universalist rhetorics around equality rights can advance ‘orientalist’ and patriarchal discourses in relation to who “women” are and how their rights may be realised. Such discourses may hinder implementation of women’s rights especially for women who are “other.” This is particularly evident in relation to women’s rights to freedom of expression, the manifestation of religious freedom and rights to participate in culture. To illustrate this specific focus is given to the increasing discrimination against Muslim women and to human rights responses in this context within Europe.


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.


2021 ◽  
Vol 16 (2-3) ◽  
pp. 67-92
Author(s):  
Nazila Ghanea

Abstract Despite the normative integration between freedom of religion or belief (FORB) and women’s equality, these synergies are difficult to discern and there is a common misperception that women’s rights to equality and FORB are clashing rights. This is compounded by the extensive religiously phrased reservations by states upon ratification of international treaties that amplify this misperception that FORB serves to restrict women’s rights to equality. The advocacy groups supporting these rights, and also their normative sources in international human rights law instruments, are largely distinct. However, general non-discrimination provisions do address both, and General Comment no. 28 captures both rights holistically. The correctives to these misperceptions lie in reflecting upon the universality, indivisibility, interdependence, and interrelatedness of all human rights norms. They also lie in the realization that FORB is a right like any other. FORB is neither a right of “religion” as such nor an instrument for support of religiously phrased reservations and limitations on women’s rights to equality. This is particularly the case with harmful practices, as elaborated in the joint general recommendation/General Comment no. 31 of the Committee on the Elimination of All Forms of Discrimination against Women and no. 18 of the Committee on the Rights of the Child however, the core principles also extend to other infringements of women’s rights to equality. It is essential to (re)vitalize the synergies between FORB and women’s equality in order to advance each of these rights, to be able to address overlapping rights concerns, and to adequately acknowledge intersectional claims. Furthermore, the relevant advocacy groups and human rights mechanisms need to give further attention to this as a priority matter.


Author(s):  
Yunkang Liu ◽  

Women empowerment and gender equality are the most popular topics of the UN 2030 Sustainable Development Agenda. Under the concept of traditional culture, Asian women have experienced certain pressure of marriage from their families and the general public. At the same time, intimate partner violence against women has become a significant problem and a common phenomenon in many Asian countries. According to international human rights law, women have the right to enjoy their basic rights to marriage and childbearing. However, due to social pressure, women's rights have faced more challenges. Asian feminists have begun to realize the importance of encouraging women to use legal ‘solutions’ to protect their rights. Then several Asian Non-governmental organizations (NGOs) have also continued to take more actions to promote anti-violence against women. This article is mainly based on two case studies in China and Southeast Asia to discuss the importance of strengthening the legal protection network of Asian women’s rights and encouraging NGOs to participate in the implementation and formulation of laws for women 's protection.


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.


Author(s):  
RANDRINRIJAONA MAEVA

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.


Author(s):  
Charlotte Bunch

This article discusses women and gender, and first identifies the differences between the concepts. It moves on to a critical examination of the norms and their institutional manifestations, along with selected UN system efforts to promote women's rights in development, peace and security, human rights, and health. The article also provides a balanced evaluation of how much things have changed for girls and women over the last sixty years.


2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.


Author(s):  
Susan Millns ◽  
Charlotte Skeet

Abstract This article analyzes women’s contemporary use of rights to mobilize and pursue claims for gender equality and gender justice in the United Kingdom. Empirically, the paper explores the growth of rights discourse and activity against the backdrop of a stronger constitutionalization of women’s rights at national, European, and international levels. It does this through an exploration of individual and collective lobbying and litigation strategies in relation to violence against women. The paper first examines this in the context of the right to bodily integrity through examples of the ways in which sexual violence and domestic abuse are addressed within the criminal justice system. The paper then addresses the right to be free from violence for women seeking refuge and asylum. The research reveals the need for varied strategies that target all aspects of the legal and political systems in order to ameliorate the protection and implementation of women’s rights.


2000 ◽  
Vol 54 (3) ◽  
pp. 633-659 ◽  
Author(s):  
Ellen L. Lutz ◽  
Kathryn Sikkink

Human rights practices have improved significantly throughout Latin America during the 1990s, but different degrees of legalization are not the main explanation for these changes. We examine state compliance with three primary norms of international human rights law: the prohibition against torture, the prohibition against disappearance, and the right to democratic governance. Although these norms vary in their degree of obligation, precision, and delegation, states have improved their practices in all three issue-areas. The least amount of change has occurred in the most highly legalized issue-area—the prohibition against torture. We argue that a broad regional norm shift—a “norms cascade”—has led to increased regional and international consensus with respect to an interconnected bundle of human rights norms, including the three discussed in this article. These norms are reinforced by diverse legal and political enforcement mechanisms that help to implement and ensure compliance with them.


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