Women's Human Rights Resources Database

This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law. Annotations describe the content of each resource. Users can search by keyword and author as well as browse by women's rights topic. Full-text documents or links to full-text documents are provided where available.
Search Results for content type Article categorized with Race and Gender
Stark, Barbara , Bottom Line Feminist Theory: The Dream of a Common Language , 23 HARVARD WOMEN'S LAW JOURNAL 227 (Spring, 2000).
This essay discusses the importance of a "bottom-line feminist theory" to engender a degree of cohesiveness amongst the diverse voices within the feminist movement. The author posits that feminists' commitment to diversity has made it difficult to identify a feminist position on specific issues since there may be numerous feminist positions. The author uses the concept of customary international law (CIL) to suggest a methodology for arriving at a middle ground between the extremes of grand theory and subjective narrative. Using CIL's conceptual framework, the author suggests that a normative bottom-line feminist theory can be arrived at by determining the lowest common denominator, that is, a level of generality where significant consensus amongst women may be found. The author concludes that the point is not to develop a static and monolithic "common language," but to find ways to retain women's distinctive voices without forgetting feminism's common goals.

 
Stefancic, Jean , Latino And Latina Critical Theory: An Annotated Bibliography , 85 CALIFORNIA LAW REVIEW 1509 (1997).
This is a useful introductory bibliography on LatCrit theory. It includes thematic sections, such as "Intersectionality" where Latina feminists, as well as other feminists of colour, explore the intersectionalities of race, gender, class, and sexual orientation, focusing particularly on multiple oppression, exclusion, essentialism, as well as having to rely upon colour-based remedies developed to respond to the needs of African-American women. The article also includes a section on " Critical International Human Rights" Law, which discusses the patriarchal, Westernized and neo-imperialist model of international human rights law.
http://www.law-lib.utoronto.ca/Diana/fulltext/stef.pdf

 
Tomasovic, Elizabeth K. , Robbed of Reproductive Justice: The Necessity of a Global Initiative to Provide Redress to Roma Women Coercively Sterilized in Eastern Europe , 41(3) COLUMBIA HUMAN RIGHTS LAW REVIEW, 765-823 (2010).
Although the Czechoslovakian practice of sterilizing undesirables was officially abandoned in 1990, many Romai women claim they have continued to be coercively sterilized since the fall of communism in 1989. Victims have obtained little justice from the government. The article argues that the lack of justice for these victims is due to barriers in the Czech and Slovak legal systems regarding laws designed to protect against coercive sterilization. The article discusses how the most successful efforts to obtain justice for the coercively sterilized women have been through the work of international, regional and non-governmental organizations. The author concludes that the most effective means of obtaining individual compensation is by having NGOs file complaints, on behalf of victims, to the CEDAW Committee or the European Court of Human Rights. Additionally, the author encourages organizations to pressure the Czech and Slovak governments to establish a mass compensation fund. Elizabeth K Tomasovic, Robbed of Reproductive Justice: The Necessity of a Global Initiative to Provide Redress to Roma Women Coercively Sterilized in Eastern Europe (2010) 41:3 Colum HRL Rev 765.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Tonnessen, Liv , Feminist Interlegalities and Gender Justice in Sudan: The Debate on CEDAW and Islam , 6 RELIGION AND HUMAN RIGHTS, 25-39 (2011).
This article analyzes the intersection and conflict between Western feminist ideas of the emancipated women as outlined in CEDAW and Islamist feminist discourse in the context of Sudan since 1989. The author discusses the way in which Islamist feminists in Sudan struggle for their rights in the public sphere while in the private sphere they accept existing Sharia structures of family law. She explores the difference between fighting for gender equality and for gender equity. The author discusses why some Islamic women reject CEDAW because they see it as founded upon western feminist notions, which are incompatible with Islam, and, therefore, undesirable in Sudan. Tonnessen further argues that Western and Islamic feminist discourses are intertwined and help to mutually define each other.
http://booksandjournals.brillonline.com/content/journals/10.1163/187103211x54363…

 
Tsosie, Rebecca , Indigenous Women and International Human Rights Law: The Challenges of Colonialism, Cultural Survival and Self Determination , 15 UCLA JOURNAL OF INTERNATIONAL LAW AND FOREIGN AFFAIRS, 187-236 (2010).
This paper considers the relationship between feminist norms embodied in international human rights law and the right to self-determination of Indigenous peoples. The author questions whether realizing the right to self- determination of Indigenous groups will promote the ability of these groups to violate the rights of vulnerable group members. In doing so, she contemplates the interaction between the rights affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and women, as a vulnerable group. The article grounds the discussion in the paramount value of equality in international human rights.
http://heinonline.org.myaccess.library.utoronto.ca/HOL/Page

 
Vakulenko, Anastasia , Gender Equality as an Essential French Value: The Case of Mme M , 9(1) OXFORD HUMAN RIGHTS LAW REVIEW, 143-150 (2009).
This article examines the case of Mme M, whose application for French nationality was rejected on the basis of her choice to wear a niqab and long cloak. She was informed that the rejection of her claim was based on her conduct being indicative of a radical religious practice, incompatible with essential French values including equality of the sexes. The author argues that liberal secular feminism and official French state ideology converge to promote anti-Muslim political agendas, while, at the same time, helping to solidify an illusion that Western French women have achieved equality. Anastasia Vakulenko, Gender Equality as an Essential French Value: The Case of Mme M (2009) 9:1 Oxford Human Rights Law Review 143.

 
Vakulenko, Anastasia , Islamic Dress in Human Rights Jurisprudence: A Critique of Current Trends , 7(4) OXFORD HUMAN RIGHTS LAW REVIEW, 717-739 (2007).
This article addresses four problematic consequences of framing Islamic dress questions in the language of religious rights under the European Convention on Human Rights. The author argues that the use of Article 9 as a basis for the resolution of hijab issues has produced a number of counterproductive results. These trends include 0ly separating culture and gender, and producing a more docile Muslim woman subject to public scrutiny and moralizing. The article draws on the critical theory of Wendy Brown and post-colonial feminism. Anastasia Vakulenko, Islamic Dress in Human Rights Jurisprudence: A Critique of Current Trends (2007) 7:4 Oxford Human Rights Law Review 717.

 
Valdes, Francisco , AFTERWORD: Theorizing "OutCrit"; Theories: Coalitional Method and Comparative Jurisprudential Experience - RaceCrits, QueerCrits and LatCrits , 53(4) UNIVERSITY OF MIAMI LAW REVIEW 1265 (1999).
This article offers a comparative and analytical look at the areas of critical legal scholarship that focus on race or sexual orientation or Latinos/Latinas (RaceCrit, QueerCrit and LatCrit) in order to forge interconnections between these outsider theories and facilitate a better understanding of common objectives in their anti-subordination struggles. The article begins with an overview of the methodologies and experiences of each movement. Part I looks at critical race theory (CRT), the forerunner of outsider jurisprudence, and applies a critical analysis of its successes and shortcomings in building coalitions. Part II considers the newer QueerCrit and LatCrit movements and outlines how they have built upon the framework of CRT. Using a LatCrit perspective, Part III presents some lessons learned in developing coalitional methods and anti-subordination practice. Part IV looks at issues raised during the LatCrit conference on which this article is based. The author concludes with a plea to these groups to build networks to forward intersectional analysis, as well as anti-subordination theory and practice, nationally as well as internationally. Although this article does not focus on women, the analysis of RaceCrit, QueerCrit and LatCrit approaches is useful in considering the intersection of gender with race and sexuality.

 
Valdes, Francisco , FOREWORD: Under Construction - LatCrit Consciousness, Community, And Theory , 10 LA RAZA LAW JOURNAL 1089 (Spring 1998).
This article discusses and presents papers from a LatCrit symposium. It reviews methodologies and issues, in relation to the broader "outsider" legal discourse on identity, law and legal theory. The information is divided into two thematic sections, with each section containing several essays. Section 1 focuses on race, ethnicity and nationhood and section 2 focuses on policy, politics and practice. A central theme is the importance of anti-subordination principles and praxis (a combination of theory and practice) that emphasize interconnectivity, cooperation and coalition amongst people of colour. Although this article does not focus on women, the approach is useful in considering the intersection of gender and race.

 
Watson, Irene , Human Rights Law and Indigenous Women , 1 FEMINISTS @ LAW 1 (2001).
In this short piece, the author reflects on the experience of being an Aboriginal Australian woman. In considering this experience, she questions how an individual's humanity is defined. Moreover, she questions whether that identity is defined by the individual, the community to which he or she belongs, or other communities. The author argues that human rights provide the power to define what it is to be human. Human rights posit that no individual should be subject to unlawful discrimination. The experience and enjoyment of rights can be measured by proximity to power and privilege, and Aboriginal women suffer from a historical disadvantage in this regard resulting from colonialism. This disadvantage is perpetuated as a result of compounded discrimination on the grounds of sex and race.
http://journals.kent.ac.uk/index.php/feministsatlaw/article/view/5/22

 
Williams, Joan A. , Dissolving the Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism in Feminist and Critical Race Theory , 1991 (2) DUKE LAW JOURNAL, 296-323 (1991).
This article provides a theoretical approach to move beyond the sameness/difference debate that plagues human rights discourse. The author begins by describing and critiquing both the sameness and the difference approaches because they veil the structural disadvantages of "outsiders," and thus reinforce the status quo. The author provides a post-modern reformulation of sameness and difference, which recognizes that each person is "embedded in a matrix of social and psychological factors that interact in different contexts." The author concludes that this post-modern approach dissolves the dichotomy between sameness and difference by considering how race, sex, and class interact to inform one's experience.

 
Wing, Adrien Katherine , Critical Race Feminism and The International Human Rights of Women in Bosnia, Palestine, and South Africa: Issues for LatCrit Theory , 28 UNIVERSITY OF MIAMI INTER-AMERICAN LAW REVIEW, 337-60 (1997).
The article describes Critical Race Feminism, a new offshoot of both Critical Race theory and feminism. The author applies a Critical Race Feminist analysis to the raping of Bosnian women and introduces the concept of "spirit injury". She also discusses how the concept of spirit injury might be used in the Latin American context. Critical Race Feminist principles are utilized to examine the situation of Palestinian women. The author explores the multiple levels of discrimination they face on the basis of custom, religion and gender. The role of ethnicity and colour, as well as custom, which impedes black South African women's achievement of human rights, is examined. The author concludes the article by stating more research is needed in the area of violence concerning Latinas.

 
Wing, Adrien Katherine , Global Critical Race Feminism Post 9-11: Afghanistan , 10(1) WASHINGTON UNIVERSITY JOURNAL OF LAW AND POLICY, 19-37 (2002).
The article addresses Global Critical Race Feminism (GCRF) as a general theme and focuses specifically on how the theory will apply to the women of Afghanistan in a post 9-11 setting. The author begins by outlining the roots of GRCF, presenting a brief review of Critical Legal Studies, Critical Race Theory and Feminism. She then moves on to address the Afghan context using her Global Multiplicative Identity theory (GMI). GMI acknowledges that everyone's identity is informed by multiple categories some of which provide us with privilege while others cause us to face discrimination. GMI also recognizes that addressing the plight of Afghan women requires a holistic analysis of numerous intersecting identities which need to be considered when developing international, domestic and humanitarian programs. The article is part of a conference: Access to justice: The Social Responsibility of Lawyers.

 
Wing, Adrien Katherine , Violence and State Accountability: Critical Race Feminism , GEORGETOWN JOURNAL OF GENDER AND THE LAW, Inaugural Issue, 95-114 (1999).
This article begins with a brief historical account of Critical Race Feminism (CRF). The essay acknowledges CRF's ties to forerunners such as Critical Legal Studies, Critical Race Theory, and Feminist Legal Theory but also points out where CRF diverges from these movements. Using the narrative method characteristic of critical race feminists, the author discusses violence and state responsibility in the United States, Bosnia, South Africa and Palestine. Part II introduces the concept of global mulitiplicative identities by discussing how issues such as ethnicity, religion, sexuality, race, gender and citizenship/nationality intersect. Part III applies CRF analysis to gang involvement and criminality, with specific reference to Black American women. Part IV examines existing strategies and programs in the United States. Part V analyzes rape and ethnic cleansing in Bosnia, domestic violence in South Africa and customary law in Palestine through the lens of CRF. The purpose of the article is to encourage the use of CRF analysis and praxis (a combination of theory and practice) at a local, international and global level, in order to devise more effective solutions for violence against women.

 

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