International Human Rights Law and Structural Discrimination

Tiefenbrun, S. W., Women's international and comparative human rights (Carolina Academic Press, 2012). Tigroudja, H., 'The Inter-American Court of Human Rights and international humanitarian law', in R. Kolb and G. Gaggioli (eds.) ...

Author: Elisabeth Veronika Henn

Publisher: Springer

ISBN: 9783662586778

Category: Law

Page: 240

View: 447


International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

Women s Human Rights

The International and Comparative Law Casebook Susan Deller Ross. an abortion? Should women have the right to use sex-selective abortion to insure the birth of a boy? In a somewhat earlier era, women's access to sterilization and birth ...

Author: Susan Deller Ross

Publisher: University of Pennsylvania Press

ISBN: 9780812200027

Category: Law

Page: 704

View: 752


According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Sustainable Development Goals and Human Rights

1):28–37 Tiefenbrun SW (2012) Women's international and comparative human rights law. Carolina Academic Press, Durham Beate Rudolf is Director of the German Institute for Human Rights (GIHR), the National Human Rights Institution of ...

Author: Markus Kaltenborn

Publisher: Springer Nature

ISBN: 9783030304690

Category: Climatic changes

Page: 239

View: 201


This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.

Comparative International Law

The Women's Convention]; Ineke Boerefijn, Women's Right to Political Participation. The Case of the Reformed Political Party in The Netherlands, in Women's Human Rights and Culture/ Religion/Tradition: International Standards as ...

Author: Anthea Roberts

Publisher: Oxford University Press

ISBN: 9780190697570

Category: Law

Page: 640

View: 206


By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.

Reproductive Freedom Torture and International Human Rights

Colombia: Abortion, Equality, and Constitutional Choices« (2008)20(2) Canadian JournalofWomen andtheLaw 263; Verónica Undurraga and Rebecca J Cook,aConstitutional Incorporation of International and Comparative Human Rights Law: The ...

Author: Ronli Sifris

Publisher: Routledge

ISBN: 9781135115210

Category: Law

Page: 336

View: 709


This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s reproductive freedom within the framework of the right to be free from torture. The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.

Research Methods for International Human Rights Law

Byrnes, A, 'Women, Feminism and International Human Rights Law – Methodological Myopia, Fundamental Flaws or ... Charlesworth, H, 'The Hidden Gender of International Law' (2002) 16 Temple International and Comparative Law Journal 93.

Author: Damian Gonzalez-Salzberg

Publisher: Routledge

ISBN: 9780429889363

Category: Law

Page: 280

View: 284


The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Gender and Diversity Concepts Methodologies Tools and Applications

Retrieved from International Therapeutic Jurisprudence in the Mainstream Project: Tiefenbrun, S. (2012). Women's international and comparative human rights. Durham, NC: Carolina Academic Press.

Author: Management Association, Information Resources

Publisher: IGI Global

ISBN: 9781522569138

Category: Social Science

Page: 2006

View: 372


Today, gender inequality and diversity are at the forefront of discussion, as the issue has become an international concern for politicians, government agencies, social activists, and the general public. Consequently, the need to foster and sustain diversity and inclusiveness in the interactions among various groups of people is relevant today more than ever. Gender and Diversity: Concepts, Methodologies, Tools, and Applications provides a critical look at gender and modern-day discrimination and solutions to creating sustainable diversity across numerous contexts and fields. Highlighting a range of topics such as anti-discrimination measures, workforce diversity, and gender inequality, this multi-volume book is designed for legislators and policy makers, practitioners, academicians, gender studies researchers, and graduate-level students interested in all aspects of gender and diversity studies.

International Women s Rights Cases

t/Eng/Judgments.htm (select Search the Case Law — HUDOC) Inter-American Court of Human Rights: ... (International Human Rights Law Database) Further research There are many guides to international and comparative human rights research.

Author: Robyn Emerton

Publisher: Routledge

ISBN: 9781135332167

Category: Law

Page: 878

View: 543


The last two decades have seen major advances in the legal protection of the human rights of women around the world. A series of international and national court cases has developed an important body of jurisprudence that has been relied on by courts and advocates in many countries to support women's claims for equality and the full enjoyment of human rights and fundamental freedoms. Growing out of a series of judicial colloquia organized by the Commonwealth Secretariat, this compilation brings together a selection of over fifty significant cases from international and national courts. The cases are grouped by theme and presented in full text or edited format. Together they highlight the way in which courts have used international human rights norms and national constitutional standards to contribute to women's equality. A detailed introduction provides a summary of the significance of the cases and references further material available on women's human rights. Cases decided under United Nations human rights treaties, the European and American Conventions on Human Rights and other international instruments, as well as cases decided by national courts in Asia, Africa, Europe, Australasia, and North America are all included. The compilation will be of interest to all those with an interest in the advancement of the human rights of women especially equality advocates, lawyers and judges, scholars and students.

Transnational Legal Ordering of Criminal Justice

London: Penal Reform International. Tiefenbrun, Susan. 2012. Women's International and Comparative Human Rights. Durham: Carolina Academic Press. van Zyl Smit, Dirk. 2003. The Impact of United Nations Crime Prevention and Criminal ...

Author: Gregory Shaffer

Publisher: Cambridge University Press

ISBN: 9781108836586

Category: Law

Page: 288

View: 360


A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

Human rights and democracy

This included strengthening capacity of regional lawyers to argue international and comparative human rights law relevant to women's human rights before domestic and regional forums , and increasing understanding of the applicability of ...

Author: Great Britain: Foreign and Commonwealth Office

Publisher: The Stationery Office

ISBN: 010183392X

Category: Philosophy

Page: 390

View: 165


This report is a comprehensive look at the human rights work of the Foreign & Commonwealth Office (FCO) around the world in 2011. It highlights the UK's human rights concerns in key countries and advances the promotion and protection of human rights as the focus of UK foreign policy. The publication is divided in nine sections: (1) The Arab Spring; (2) The FCO's human rights priorities; (3) Promoting British values; (4) Human rights in safeguarding Britain's national security; (5) Human rights in promoting Britain's prosperity; (6) Human rights for British nationals overseas; (7) Working through a rules-based international system; (8) Promoting human rights in the overseas territories; (9) Human rights in countries of concern. There are also some separate sections setting out a number of case studies on specific countries, including Bahrain and Egypt.