Chapter 2. Equality Doctrines and Gender Discrimination: The Evolving Jurisprudence of the UN Human Rights Committee and the U.S. Supreme Court

2008 ◽  
pp. 54-90
2021 ◽  
Vol 10 (1) ◽  
pp. 22
Author(s):  
Muhammad Syachrofi

This paper discusses one of the humanitarian problems that still often occurs today, discrimination. Discrimination is not only contrary to human rights but also contrary to the Islamic view which is raḥmah fī al-‘ālamīn. But, in fact, Islam is always suspected as a religion that teaches various forms of discriminatory treatment. The accusation is based on Islamic religious texts which narratively teach discrimination. I find that there are two hadiths that are discriminatory about electing leaders. The first hadith is about having to elect a leader from the Quraysh clan. The second hadith is about the prohibition for women to be a leader. Textually, these hadiths are quite problematic because they contain the narration of racial-ethnic discrimination and gender discrimination. Therefore, in this article, I attempt to reinterpret these hadiths by using a contextual approach by analyzing the language and socio-historical context. My conclusion is that these hadiths were stated by the Prophet Muhammad in temporary cases. Substantially, these hadiths contain the significances that are relevant today.


2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.


Author(s):  
Yurii Voloshyn ◽  
Nataliia Mushak

The article analyses the modern court decisions of the European Court of Human Rights on the formation and implementation of the principle of gender equality in Ukraine. The research defines that the importance of ensuring equal rights and opportunities for women and men for Ukraine was because Ukraine is a member of all major international and European regional agreements in the field of human rights. The authors state that this is due both to Ukraine's general commitments to promoting respect for human rights and fundamental freedoms and their adherence, as well as the fact that its participation in European integration processes is important for Ukraine. The research stipulates that gender equality provides equal rights for women and men, as well as their same significance, opportunities, responsibilities and participation in all spheres of public and private life. The authors prove that the pioneering work of the Council of Europe in the field of human rights and gender equality contributed to the development of a comprehensive legal framework. Gender equality is one of the organization's priority areas of activity, and the Council of Europe continues to actively address current and emerging challenges and address barriers to achieving real and complete gender equality. The research investigates the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 in terms of prohibition of discrimination and ensuring gender equality. It also determines that the conceptual principles of these documents are the protection of human rights, support for democracy and ensuring the principle of the rule of law. The article states that, in particular, the modern legal instrument in the field of gender equality is the Council of Europe's Gender Equality Strategy 2018–2023. The document provides for the achievement of the main six goals. These include combating gender stereotypes and gender discrimination; preventing and combating violence against women; ensuring equal access of women to justice; ensuring equal participation of women and men in political and public decision-making; implementation of the strategy for achieving gender equality in politics and all activities; protection of the rights of migrants, refugees, women and girls seeking asylum. The authors prove that the establishment of the European value of gender equality should be ensured both in society as a whole and in its various institutions, in particular. This is primarily to prevent gender discrimination, ensure equal participation of women and men in making socially important decisions, ensuring equal opportunities for women and men to combine professional and family responsibilities, prevent gender violence, etc. Keywords: Gender Equality, European Standards, Legal Mechanism, European Court of Human Rights, Discrimination, Equal Rights.


2021 ◽  
Vol 115 (3) ◽  
pp. 553-558

In Federal Republic of Germany v. Philipp, the U.S. Supreme Court unanimously held that a country's taking of property from its own nationals does not fall within the Foreign Sovereign Immunities Act (FSIA) exception for “rights in property taken in violation of international law.” The case involved a claim that Nazi officials coerced a consortium of three art firms owned by Jewish residents of Germany to sell a collection of “medieval relics and devotional objects known as the Welfenschatz” to Prussia for “approximately one-third of their value.” The plaintiffs—descendants of the members of the consortium—argued that the coerced sale constituted genocide, thus bringing their claim within the FSIA exception. The Supreme Court disagreed, holding that “the expropriation exception is best read as referencing the international law of expropriation rather than of human rights” and that international law does not bar a state's taking of the property of its own nationals. The Court declined to reach Germany's alternative argument that international comity required dismissal of the case, and it vacated and remanded a companion case, Republic of Hungary v. Simon, that also posed the comity question.


2021 ◽  
pp. 1-18
Author(s):  
William S. Dodge

On June 17, 2021, the U.S. Supreme Court delivered its opinion in Nestlé USA, Inc. v. Doe, a human rights case brought under the Alien Tort Statute (ATS), alleging that U.S. companies aided and abetted child slavery in Ivory Coast. By a vote of 8 to 1, the Court held that the claims were impermissibly extraterritorial because nearly all the conduct occurred abroad. The Court left open the possibility that the implied cause of action under the ATS applies to U.S. corporations.


Author(s):  
Ayu Maulidina Larasati ◽  
Novia Puspa Ayu

This paper is motivated by the many legal issues concerning human rights issues that occur in the Indonesian education sector, especially regarding gender discrimination. Gender is the differentiation of roles, functions and responsibilities between women and men resulting from socio-cultural construction and can change according to the times. This paper discusses the main issues of gender in the perspective of human rights and gender equality education in Indonesia. Gender is a gender difference that is not caused by biological differences and not God's nature, but was created by both men and women through a long socio-cultural process. Differentiating the roles, functions and responsibilities of men and women in this social context is basically not a problem, but when examined more deeply it can be a cause of the emergence of gender discrimination, which is one of the sexes whose basic rights are neglected, left behind and experiencing problems of injustice.


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