Critical Perspectives on Women’s Rights: The European Convention on Human Rights and Fundamental Freedoms (Stephanie Palmer)

2019 ◽  
pp. 135-174
Author(s):  
Lisa McIntosh Sundstrom ◽  
Valerie Sperling ◽  
Melike Sayoglu

Chapter 5 takes up the international obstacles to successful gender discrimination claims at the European Court of Human Rights (ECtHR), both across the Council of Europe, and from Russia specifically. The reluctance of the Court until recently to find violations of Article 14 alongside violations of other articles of the European Convention on Human Rights (ECHR), the limited set of circumstances in which discrimination falls under the Convention’s jurisdiction, and the very high bar of evidence required to prove discrimination, all play a large part in explaining the Court’s miniscule case record on gender discrimination. Yet we also document how the Court has become more open in the past several years to finding sex-based discrimination violations, in part due to the diffusion of successful logics of argument among women’s rights lawyers, as well as the emergence of standards in other international women’s rights conventions that the ECtHR has begun to acknowledge, such as the Convention on Eliminating All Forms of Discrimination Against Women (CEDAW). The chapter discusses a variety of landmark cases at the ECtHR in this area, such as Opuz v. Turkey and Konstantin Markin v. Russia.


Author(s):  
Oliver Lewis

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.


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.


Midwifery ◽  
2003 ◽  
Vol 19 (4) ◽  
pp. 249 ◽  
Author(s):  
Ann Thomson

2016 ◽  
Vol 1 (2) ◽  
pp. 246-253
Author(s):  
Juanita Kakoty

This piece is based on a conversation the author had with lawyer and human rights activist from Pakistan, Hina Jilani, in May 2016. It captures Jilani’s account of the ‘Satyagraha’ she has waged in her lifetime for the rights of women in her country; and as she narrates her story, she interweaves it with the ‘Satyagraha’ that shaped the women’s movement in Pakistan. One can read here about Jilani’s struggle for truth, for a human rights consciousness in a political climate of military regime; and how she challenged courts in the country to step outside the realm of conventional law and extend justice to women and girls. And in the process, learn that her struggle for truth has been intertwined with that of the women’s movement in the country.


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