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 Social and Economic Rights
Ní Aoláin, Fionnuala D., Haynes, Dina Francesca, Cahn, Naomi , Criminal Justice for Gendered Violence and Beyond , 11 INTERNATIONAL CRIMINAL LAW REVIEW, 425-443 (2011)
This article examines the shortcomings of post-conflict accountability mechanisms for sexual and sex-based violence against women and the need to legally respond to the different kinds of harms they experience. The authors focus on the subjective experiences of women in conflict. They argue that sexual and sex- based violence connects to a host of other harms- socio-cultural, psychological, and economic that legal systems are failing to address. Consequently, international criminal laws exclusive focus on sexual violence does not amount to a comprehensive system of legal accountability for harms against women. Attention must be paid to violations of social and economic rights that disproportionately affect women due to their gendered role in many societies. If these harms are ignored, post-conflict reconstruction and distributive justice will suffer. The authors also discuss the development of sexual violence as a crime under international law, its positive aspects and continued gaps.

 

Apodaca, Clair , Measuring Women's Economic and Social Rights Achievement , 20 HUMAN RIGHTS QUARTERLY, 139-72 (1998).
The primary purpose of this article is to develop an index with which to measure and evaluate women's realization of their economic and social rights. This study utilizes the index to quantify the pervasive and persistent inequality between men and women in the realization of their rights under the International Covenant on Economic, Social and Cultural Rights. The author contends that statistical information is essential to enhancing any assessment of the life situation of women and in furthering governmental compliance with the nondiscrimination and equality of treatment clauses of the International Covenant on Economic, Social and Cultural Rights.

 

Women's Work Exposed: New Trends and Their Implications , Association for Women's Rights in Development (AWID) , WOMEN'S RIGHTS AND ECONOMIC CHANGE, No. 10 (August 2004), http://www.awid.org/content/download/48854/538235/file/women-work_en.pdf.
This piece discusses modern difficulties faced by women at work. Building upon the premise that women's labour, both paid and unpaid, is essential to economy and society, the report provides an outline of international phenomena impacting women's experience at work. The report then presents methods used to protect the rights of female workers. Growing numbers of women engage in paid work, but working conditions do not demonstrate gender equality. These conditions remain largely untouched in policy debates and considerations. AWID considers the issues faced by female workers within the context of women's rights.

 

Bahdi, Reem , Litigating Social and Economic Rights in Canada in Light of International Human Rights Law: What Difference Can It Make? , 14(1) CANADIAN JOURNAL OF WOMEN AND THE LAW, 158-184 (2002).
This article examines the judicial use of international human rights law by Canadian courts with a particular focus on the potential to establish economic and social rights to promote women's equality. The article begins by discussing economic and social rights under international law and the regional law of the Inter-American human rights system. The author proceeds to identify the five distinct judicial approaches to international law. The authors argues that effective advocacy on economic and social rights requires an understanding and recognition of these five distinct interpretations of the impact of international legal obligations in Canadian domestic law. [Descriptors: Social and Economic Rights, Canada]

 

Banda, Fareda , Women, Law and Human Rights in Southern Africa , 32(1) JOURNAL OF SOUTHERN AFRICAN STUDIES, 13-27 (2006)
The author explores the development of human rights law, particularly with respect to women, in the Southern African Development Community (SADC) (includes Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic of Tanzania, Zambia and Zimbabwe). She begins by considering the region's plural legal systems, before comparing the different constitutional models of SADC countries through the lens of inheritance laws. The author explores how these systems can work to protect or limit the rights of women. The author also provides a historical overview of Africa's engagement with human rights issues since the Second World War, including the adoption of the African Charter on Human and Peoples' Rights. She goes on to examine the SADCs own declarations addressing gender-based discrimination and violence. Finally, Banda considers the significance of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, adopted by the African Union in 2003. She emphasizes that gender equality can only be achieved by adopting a holistic approach not solely focused on granting legal rights.

 

Baxter, Teri Dobbins , Child Marriage as Constitutional Violation , 19(1) LAW JOURNAL, 39-84 (2018)
This article provides an in-depth analysis of the driving factors behind the continued existence of child marriage in the United States and the various legal and social ramifications of the practice. The author provides a statistical introduction to the current landscape of child marriage in the United States, and then identifies the key factors for marrying young, including financial considerations and social acceptance. Then, the legal and constitutional consequences for those forced into child marriages are assessed including the exemption from statutory rape, lack of emancipation, and lack of due process and fundamental rights. The article concludes with various avenues for eradicating child marriage such as greater responsibility/guidance for courts, less weight on parental consent, and law reform to raise minimum age requirements. 

 

Boyer, Yvonne , First Nations, Metis, and Inuit Women's Health: A Rights-based Approach , 54(3) ALBERTA LAW REVIEW, 611-636 (2017)
Male-centred legislation, policies and institutions that are the hallmarks of Canada's colonial history have had a long-lasting impact on the health of Indigenous women. Although Indigenous women have unique sets of constitutionally protected rights, the government has failed to protect those rights. Traditionally, Indigenous peoples have understood and practiced an integrated approach to health - however, by all health status indicators, Indigenous peoples in Canada suffer from disproportionately poor health compared to the non-Indigenous population. The residential school system, the child welfare system, overrepresentation of Indigenous people in the justice system, chronic law income and poverty, substandard housing, lack of self-determination, and unequal standards of education are all factors that have contributed to ill health. The purpose of this article is to present a constitutional rights-based approach to address the constitutional and human rights violations within the context  of a distinctive Indigenous appreciation of social rights and of women's substantive equality. The first section of the article is an overview of the health status of Indigenous women in Canada. The second section is a description of the rights-based approach to health, which Canada is bound to under international law. In the final section, the author suggests that a constitutional equality rights framework may offer a promising basis for future right to health claims by Indigenous women.

 

Brodsky, Gwen, Day, Shelagh , Beyond the Social and Economic Rights Debate: Substantive Equality Speaks to Poverty , 14 CANADIAN JOURNAL OF WOMEN AND THE LAW, 185-220 (2002)
The main premise of this article is that governments are required to take positive steps in order to encourage substantive equality. The article reviews Canadian Charter of Rights and Freedoms jurisprudence with a particular focus on cases which addressed poverty issues using a social and economic rights framework. The authors argue that the characterization of social and economic rights as distinct and different from civil and political rights is a significant factor which prevents the success of these claims. They conclude by pointing out the extent to which poverty remains a sex equality issue and arguing that to ignore economic and social rights violates the underlying values of the Charter of Rights and Freedoms. [Descriptors: Social and Economic Rights, Canada]

 

Burek, Wojciech , Family Reunification Regulations and Women : The Perspective of International Law , 36 POLISH YEARBOOK OF INTERNATIONAL LAW, 83-108 (2016)
This article discusses the issue of discrimination resulting from the enforcement of neutrally framed family reunification provisions. The author argues that without viewing these provisions from a gender perspective, we end up with practices that bring about negative consequences that predominantly impact women. This is the case whether such consequences relate to the situation of sponsors or the bearer of the consequences of male migration. The author suggests an enforcement approach based on “weak legal pluralism,” which would be more flexible in accommodating differing legal norms and values. More specifically, states are encouraged to reject child marriages regarding the unmarried minor rule, shorten waiting periods, and change the age limit for spouses to not be higher than the domestic marriageable age.

 

Capraro, Chiara , Women's Rights and Fiscal Justice , 24 INTERNATIONAL JOURNAL ON HUMAN RIGHTS 17-26 (2016)
This article argues that tax policy should be considered from a human and gender equality rights perspective. The author identifies the four main functions of taxes – resourcing, redistribution, representation, and re-pricing – and considers how they impact women’s rights and gender equality. Evidence is presented from countries such as Brazil, Morocco, and the UK to demonstrate how disadvantaged women end up shouldering a disproportionate amount of the tax burden. The author also addresses corporate tax dodging and the impacts this has on gender equality, for example resulting in insufficient resources for countries to be able to implement women’s rights programmes. Finally, the author urges for the women’s rights community to consult with those working on tax and economic policy to make clear the impact that tax policy has on women around the world and to make women’s rights a priority.

 

Chamblee, Elizabeth L. , Rhetoric or Rights?: When Culture and Religion Bar Girls' Right to Education , 44(4) VIRGINIA JOURNAL OF INTERNATIONAL LAW, 1073-1143 (2004).
This paper examines states' obligation to provide education. The author looks to the relationships between religion, culture, and education and outlines the historical development of the right to education in international treaties. She reviews states' related obligations to make education available and accessible and suggests that the interaction between religious dogma and the state may be detrimental to attempts to ameliorate female literacy and education. The article also considers the question of how gender bias in religion and culture further the gender gap. Ultimately, the author suggests that human rights organizations may use innovative human rights education to deconstruct inequities.

 

Chinkin, Christine, Wright, Shelley , The Hunger Trap: Women, Food and Self-Determination , 14(2) MICHIGAN JOURNAL OF INTERNATIONAL LAW, 262-321 (1993).
This article examines the relationships between self-determination, access to food, and women's lives. The argument that the production, purchase, and distribution of food is inextricably linked to women's lives on a global scale is demonstrated through women's life stories in Canada, Australia, Estonia, Zimbabwe, and Afghanistan. The authors explore the complex relationship between political and civil rights and social, economic, and cultural rights and the significance of all rights in the context of food. The article focuses on international instruments such as the International Covenant on Economic, Social and Cultural Rights and their ability to address issues affecting women's access to food. The authors conclude with an examination of the roles that international law and human rights play in focusing attention on the problem of hunger and in providing a standard of social justice that binds States.

 

Crawford, Bridget J., Spivack, Carla , Tampon Taxes, Discrimination, and Human Rights , 2017(3) WISCONSIN LAW REVIEW, 491-550 (2017).
This article discusses gender discrimination by way of the “tampon tax”, or sales taxes imposed on menstrual hygiene products. In Parts I and II, the article provides an overview of current sales taxes on menstrual hygiene products throughout the world, focusing on the US and the EU, and situates this discussion in a broader cultural context of ridicule, shame and disgust about women’s bodily functions. Part III explains how access to affordable menstrual hygiene products relates to human rights and freedoms, with examples from India and Kenya. Part IV explores actions that some state and local governments in the US have taken to facilitate access to menstrual hygiene products and discusses legal strategies that are being employed or can be employed in jurisdictions that can’t or won’t repeal the tampon tax. Finally, Part V explores why the tampon tax has become a global issue and how social media has mobilized popular opposition on the tampon tax. 

 

Cusack, Simone, Pusey, Lisa , CEDAW and the Rights to Non-discrimination and Equality , 14 MELBOURNE JOURNAL OF INTERNATIONAL LAW, 54-92 (2013).
This article analyzes the way the Committee on the Elimination of Discrimination Against Women (the Committee) has interpreted CEDAW in response to cases of individual women under CEDAW's Optional Protocol. The author examines the analysis and results in these cases to show that the Committee has responded differently to claims based on reproductive rights and violence against women than it has to claims based on civil, political, or economic matters. The Committee has consistently condemned discrimination in cases based on the former, but has been more hesitant to take such strong action in cases based on the latter. The author argues that the Committee should take a more holistic and critical view of gendered problems to effectively address structural gender inequities.

 

Das, Pradip K, Roy, Tanmoy , Women Refugees and Their Unrecognised Plights in International Refugee Law Regime: A Critical Analysis , 13(1) INDIAN JOURNAL OF LAW AND JUSTICE, 78-100 (2022)
This article analyzes the key issue of women refugees being subject to increased gender-based violence in addition to the general trauma and torment that they face in their plight. Women refugees face a double disadvantage because of their weaker position in cases of exploitation, and many increase their exposure to sexual abuse while fleeing from persecution. In response to this on-going issue, the authors suggest recognizing the gender centric violence within the ambit of persecution. Thus, the authors call for including “sex” as one of the five enumerated grounds of persecution in the 1951 Refugee Convention. Further, the authors advocate for promoting the financial, education, and health needs of women refugees and girls.

 

Davis, Megan , Aboriginal Women: The Right to Self-Determination , 6 AUSTRALIAN INDIGENOUS LAW REVIEW, 78-88 (2012).
This article discusses the relationships between international human rights, the state, and indigenous communities. The author considers how the formulation of these relationships affects Indigenous women. She argues that Indigenous rights as implemented by the state and adopted in communities may promote an impoverished form of self- determination. This result impedes the capacity of Indigenous women and girls to determine their political status and control their social and cultural identity. This occurs through a translation of self- determination by the state that undermines gender equality. A reimagining of self- determination in light of the specific contexts of women's lives may more effectively provide self-determination for Indigenous women.

 

Garnett, Tanya Ansahta, Oygard, Kari , Women's Education and Professionalism in Post-Conflict Liberia , 20(2) Seton Hall Journal of Diplomacy and International Relations, 21-35 (2019)
 After 25 years of violent conflict and political suppression, Liberians elected Ellen Johnson as was president in 2005. Sirleaf, the first elected female president in Africa, was described as having broken the glass ceiling, paving the way for a new generation of Liberians and woman all over the world. This article argues that although women in some ways gained political mobility during and after the conflict, Liberia is still a male-dominated society where women struggle to gain authority in the public sphere and their professional fields. While education can be a channel for upward social mobility, education must be considered in relation to other factors such as family structures, socio-economic status and social positioning. The challenges that women face pursuing education in Liberia include the prohibitive cost of school uniforms, female students regulating each other’s appearances and presentation, family constraints, and the perception that educated women are a threat to male authority.

 

Goldblatt, Beth , Gender, Poverty and the Development of the Right to Social Security , 10(4) INTERNATIONAL JOURNAL OF LAW IN CONTEXT, 460-477 (2014)
This paper examines the international right to social security as declared in the UDHR, and its possible influence in addressing women’s poverty. It proposes rethinking the way ‘work’ is understood to better include the full range of women’s experiences, such as reproductive work, productive work, and non-productive activity. The authors suggest the right to social security must have application on both a national and global scale to reach women in need of social security in a globalised workforce. The importance of transformative understandings of equality is emphasized, and a substantive equality framework is discussed which adequately considers the diversity of women’s experiences. Finally, seven principles are outlined which represent the goals necessary to achieve a substantively equal, gendered right to social security. 

 

Goldblatt, Beth , Social and economic rights to challenge violence against women - examining and extending strategies , 35(2) SOUTH AFRICAN JOURNAL ON HUMAN RIGHTS, 169-193 (2019)
Social and economic rights offer to address some of the underlying conditions that expose women to violence thus potentially performing a preventative function. Although guaranteeing women decent education, jobs, and housing can reduce their chances of depending on violent men, it fails to address the attitudinal factors that underlie patriarchal practices. As such, the author suggests ways in which the social and economic rights can address violence against women, through an analysis of policies and laws in South Africa. This research highlights the value of public interest law in not only litigation but also advocacy for law reform, public education, and more. Furthermore, the author highlights key factors to consider when completing important advocacy issues, such as amicus submissions and political contributors. 

 

Graterol, Maria, Gupta, Anurag , Girls Learn Everything: Realizing the Right to Education through CEDAW , 16 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 49-88 (2010).
The authors discuss the right to education for women as addressed and delineated in international human rights law and in particular within CEDAW. They explore what this right grants to women and why it is important. The authors argue that bringing CEDAW into this discussion can be beneficial in encouraging states to adopt measures that would promote this right. Currently, states and other non-state actors are not clear about the best methods to create equality in education and the framework provided by CEDAW in this respect is needed. It is argued that CEDAW needs to clarify substantive ways these rights could be realized and make more detailed recommendations for states to follow. CEDAW should do this by creating a framework based upon the four principles of availability, accessibility, adaptability, and acceptability as proposed in CESCR.

 

Guest, Krysti Justine , Exploitation Under Erasure: Economic, Social and Cultural Rights Engage Economic Globalization , 19 ADELAIDE LAW REVIEW 73-93 (1997).
This article utilizes a human rights framework to investigate the construction of economic and social rights within reports from United Nations (UN) bodies. The author begins by framing the issues within feminist critiques of international law. Questions of the impact of economic globalization upon economic and social rights are considered in light of the differences between the official United Nations Fourth World Conference on Women (Beijing) and the simultaneous Non-Governmental Organization Forum. The extent to which reports to the UN Commission on Human Rights recognize the impact of economic globalization upon women's economic and social rights is also assessed. The author concludes that the economic and social rights of women currently fail to exert an impact on the activities of transnational corporations and international financial institutions.

 

Hall, Margaux, Ahmed, Aziza, Swanson, Stephanie E. , Answering the Millennium Call for the Right to Maternal Health: The Need to Eliminate User Fees , 12 YALE HUMAN RIGHTS & DEVELOPMENT LAW JOURNAL, 62-119 (2009).
This article focuses on the adverse effects of health-care services user fees on maternal health, providing a human rights perspective. Complications during childbirth and pregnancy are a main source of death and disability among women of reproductive age, particularly in developing countries. User fees were introduced in the 1980s and promoted by the World Bank as a solution to under-funded public health care services that would improve efficiency and equity by increasing revenues. The authors argue that the user fees have an adverse impact on maternal health and should be eliminated by the global community. They hold that, in reality, user fees create barriers to affordable maternal healthcare services, particularly in emergency-care settings, and violate the rights of women to health, life and non- discrimination. The authors then explore alternatives to user fees and make recommendations for eliminating barriers to service and ensuring affordable maternal health services. Margaux J Hall, Aziza Ahmed & Stephanie E Swanson, Answering the Millennium Call for the Right to Maternal Health: The Need to Eliminate User Fees (2009) 12 Yale Human Rts & Dev LJ 62.

 

Herro, Annie , The Pre-Negotiation of UN Human Rights Treaties: The Case of the Convention on the Rights of Persons with Disabilities , 24 INTERNATIONAL NEGOTIATION, 240-265 (2019)
The pre-negotiation of UN human rights treaties has much in common with other types of pre-negotiations. The pre-negotiation stage allows participating states to respond to domestic state and non-state actors. The pre-negotiation process of the Convention on the Rights of Persons with Disabilities (CRPD) reveals that states engage in structuring activities to reduce uncertainty. Reducing uncertainty surrounding negotiations is central both in the literature and in the case. A more robust explanation of 'successful' pre-negotiation of UN human rights treaties through a detailed comparative examination is needed to establish a more robust theory tailored the unique experience of pre-negotiating UN human rights treaties. 

 

Hyland, Marie, Djankov, Simeon, Goldberg, Pinelopi Koujianou , Gendered laws and women in the workforce , 2(4) American Economic Review : Insights, 475-490 (2020)
This paper provides an insight into how gender discrimination by the law affects women’s economic opportunity and charts the evolution of legal inequalities over five decades. Using the World Bank’s newly constructed Women, Business and the Law database, it documents large and persistent gender inequalities, especially with regard to pay and treatment of parenthood.  It also explores positive correlations between more equal laws pertaining to women in the workforce and more equal labor market outcomes.

 

Jackman, Martha , Women and the Canada Health and Social Transfer: Ensuring Gender Equality in Federal Welfare Reform , 8(2) CANADIAN JOURNAL OF WOMEN AND THE LAW, 371-410 (1995).
This article addresses the repeal of the Canada Assistance Plan under Canada's 1995 Budget Act and the establishment of the Canada Health and Social Transfer (CHST) policy in its place. The author argues that CHST is a step backwards for women as it replaces a federal funding scheme based on need with one that allows provinces greater flexibility in allocating resources to welfare programs. The article begins by analyzing why federally-funded social programs are necessary to protect women's interests. It then examines the protection of women's interests guaranteed under the Canadian Charter of Rights and Freedoms and international human rights treaties. The author concludes by recommending a set of conditions for the federal government to apply to provincial welfare programs funded through CHST. [Descriptors: Social and Economic Rights, Canada]

 

Havelkova, Barbara , Women on Company Boards : Equality Meets Subsidiarity , JEAN MONNET CENTER FOR INTERNATIONAL AND REGIONAL ECONOMIC LAW & JUSTICE , Jean Monnet Working Paper 7/18 (2018)
This paper explores the justifications for and objections to the proposed European Union ‘women on company boards’ Directive. It notes that Member State opposition to the measure had different emphases. The paper further argues that the Commission weakened its case by emphasizing economic rationales for the measure, and submits that a principled justification fits the proposal better. Finally, the paper argues that subsidiarity-related arguments are available also to justify non-cross-border, non-economic projects, such as that of gender equality.

 

Johnston, Kerensa , Everything in Context: Indigenous Women, International Human Rights Law and Discrimination - Is International Human Rights Law the Way Forward? , 7 INDIGENOUS LAW BULLETIN, 17-19 (2007).
This paper discusses the multiple ways in which Indigenous women experience discrimination. In the public sphere, this may occur through practices and policies that discriminate against and undermine the values of Indigenous women. In the private sphere, indigenous women face potentially life- threatening discrimination. The author considers possible solutions to these forms of discrimination. Specifically, the paper contemplates CEDAW and the Optional Protocol as possible means for Indigenous women to address rights violations and engages in an examination of international case law. In the alternative, the author contemplates the value of addressing discrimination within the community and posits that potential solutions may come from a process that includes men and the larger community.

 

Klugman, Jeni, Twigg, Sarah , Gender at Work in Africa : Legal Constraints and Opportunities for Reform , 24(4) AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 518-40 (2016)
This article takes a rights-based approach to review women’s economic rights globally and across Africa, to identify systematic constraints to women’s economic empowerment, and suggest key opportunities for reform. Within sub-Saharan Africa, women’s labour force participation is high, but most women are employed in low-wage subsistence-based enterprises. Although all but three African countries have ratified CEDAW and most have constitutionally enshrined non-discrimination, legal and social discrimination continues to impede women’s economic opportunities. Women face both formal barriers, such as discriminatory inheritance laws, and social barriers like norms that allocate to women the brunt of housework, child-care, and elderly care. The article concludes that legal reform can drive positive change in sub-Saharan Africa. Priorities include constitutional recognition of the principle of non-discrimination, reducing legal constraints on women’s economic participation, and reforming property and inheritance laws. These legal reforms must be supported by strong implementation and enforcement mechanisms, which in turn require numerous resources.

 

Lahey, Kathleen , International Transactions, Taxation, and Women: the Critical Role of Gender Analysis , 42 UNIVERSITY OF BRITISH COLUMBIA LAW REVIEW, 363-417 (2010).
This paper examines the intersection between international economic and tax laws and gender impact analysis, beginning with a discussion of women's realities: unpaid work, higher rates of poverty, lack of power, and constrained ability to accumulate investment capital. The author assesses CEDAW and other international documents to emphasize that eradication of gender discrimination is an ongoing commitment. She then focuses on the steps Canada has taken to implement mainstreaming gender equality at the federal level. The author concludes with an identification of the roles international organizations, such as World Bank and OECD, might play in improving the gender analysis of international taxation.

 

Ling-Chien Neo, Jaclyn , Calibrating Interpretive Incorporation: Constitutional Interpretation and Pregnancy Discrimination under CEDAW , 35(4) HUMAN RIGHTS QUARTERLY, 910-934 (2013).
This article examines the impact of the judicial trend of interpretive incorporation on women's rights. The author argues that this trend moderates the gap in implementation in cases where human rights treaties have not been domesticated by the legislature. She looks to the use of constitutional interpretation to incorporate CEDAWs prohibition against discrimination on the basis of pregnancy. In the course of this examination the article considers how interpretive incorporation impacts the status of unincorporated human rights treaties. The difficulties in implementing human rights treaties are considered in light of their relation to the unique legal context and local conditions of each country.

 

Lisa R. Pruitt , Migration, Development, and the Promise of CEDAW for Rural Women , 30 MICHIGAN JOURNAL OF INTERNATIONAL LAW, 707-761 (2009).
This article first outlines rural-to-urban migration in general, then the effect of migration on rural women specifically, and finally the effect of CEDAW's Article 14 on the rights of rural women. The author argues that migration has some positive effects on rural women and that CEDAW's Article 14 empowers rural women. The author documents these effects by looking at comparative case studies in China, India, Ghana and South Africa. In these case studies, the author looks at the successes achieved and limitations faced by these countries in realizing the mandates of CEDAW Article 14.

 

Manjoo, Rashida , 50th Anniversary Commemorative Letter: Due Diligence Obligations and Violence against Women , 50 THE VIRGINIA JOURNAL OF INTERNATIONAL LAW, 793-794 (2010).
The letter recognizes and advocates the need for holistic protection of women's rights. The author argues for States to take responsibility in eliminating violence against women. The letter cites measures, such as legal and policy frameworks, responsive criminal justice systems, the provision of social services, and economic empowerment policies as crucial to the due diligence that States must undertake to protect women. The letter posits that the question is whether we as a society are willing to hold governmental actors accountable for their lack of due diligence. The author suggests that we can and should be willing to do so.

 

McCorquodale, Robert , Secrets and Lies: Economic Globalisation and Women's Human Rights , 19 AUSTRALIAN YEAR BOOK OF INTERNATIONAL LAW, 73-83 (1998).
This paper examines some of the effects of economic globalization on the protection of women's economic rights, including adequate standard of living, the right to development, and the right of self-determination. The author argues that the economic growth fostered by globalization is measured without an appropriate recognition of its effects on women. By contrasting proponents' perspectives on economic globalization with reality, the author proposes that economic globalization makes some women's daily struggle to survive even harder. The author concludes that human rights must be taken into account by the globalized economic organizations on a systemic and regular basis to create conditions that protect women's right to an adequate standard of living.

 

McFerran, Ludo, Fos-Tuvera, Anna Lee, Aeberhard-Hodges, Jane , An Employment Right - Standard Provisions for Provisions for Working Women Experiencing Domestic Violence , 2018 UNIVERSITY OF OXFORD HUMAN RIGHTS HUB JOURNAL, 167-198 (2018)
This article discusses labor standards that deal with impacts of domestic violence that spill over into the workplace in the form of attendance, performance and safety. Factors contributing to improved conditions and implementations of domestic violence right at work include a global network of cooperation, strong partnerships with advocacy groups and solid empirical data surveying by workers’ organizations. The authors also recognized the role of global union federations in raising the opportunity for multinational companies to provide global conditions for employees. They conclude that the most effective national and international strategies should combine employment legislation and collective bargaining, and they encourage international and comparative knowledge sharing.

 

Mensendiek, Martha , Women, Migration and Prostitution in Thailand , 40(2) INTERNATIONAL SOCIAL WORK, 163-176 (1997)
In Thailand, the response to poverty is often the migration of women from rural areas into cities for the purposes of prostitution. This article explores the economic, political, social and environmental factors that together can explain the reasons behind this observed pattern. In recent decades, Thailand has shown remarkable economic growth, but has concentrated its development efforts on industry and tourism, while for the most part, ignoring the agricultural sector. This has led to an unequal distribution of wealth between rural and urban areas, with many farmers facing loss of farmland, large debts, and limited rural employment opportunities. Members of those farmers’ families, specifically women, in turn migrate to the city to find work. This work is often prostitution. One solution, pursued by NGOs and advocates, involves the government considering women’s rights in the processes of development. Female prostitution and migration for its purpose are still ongoing issues in Thailand. 

 

Mike, Jennifer Heaven , Access to Medicines to Guarantee Women's Rights to Health in Nigeria , 86 JOURNAL OF LAW, POLICY AND GLOBALIZATION, 41-61 (2019)
This article discusses the challenges that patents pose on vulnerable groups, such as women, to gain access to medicines in Nigeria. In order to realize improved access to healthcare, the article argues for the consideration, interpretation and circumvention of patent rights. By providing a brief framework of the Nigerian Constitution, the author outlines two issues in that the healthcare provision is not enforceable by the courts nor is it characterized as a human right. By drawing on pertinent jurisprudence, the author argues that the Nigerian government has an obligation and potentially an enforceable duty to mitigate the encroachment of women’s access to affordable and effective medicines. The latter includes ensuring that proprietary claims do not interfere with treatment accessibility. The article concludes that human rights principles can effectively aid in the resolution between private patent rights and public healthcare in Nigeria. 

 

Mwambene, Lea , Recent Legal Responses to Child Marriage in Southern Africa : The Case of Zimbabwe, South Africa and Malawi , 18(2) AFRICAN HUMAN RIGHTS LAW JOURNAL, 527-550 (2018)
This article analyzes law reform to end child marriage in Zimbabwe, South Africa and Malawi, and how the conflict between children’s rights and cultural rights is a serious obstacle. The author provides a statistical overview of the prevalence of child marriage in the selected countries before looking at the broader international context of child marriage. A country specific analysis of recent legal responses is then carried out before concluding with several proposals for continuing law reform to end child marriage. The author identifies several areas that have not been addressed by previous reforms, the most prominent of which being poverty, and suggests that efforts to end child marriage must be combined with practical ways of addressing factors that perpetuate harmful cultural practices linked to child marriage.

 

Nae, Nuculina , To Work or Not to Work: The Dilemma of Japanese Women , 10(1) COGITO : MULTIDISCIPLINARY RESEARCH JOURNAL, 66-78 (2018)
This paper discusses the concept of Japanese womenomics and the dilemma Japanese women face regarding participation in the workforce. While the number of working women is higher than ever, vertical segregation (women have jobs whereas men have careers), conservative attitudes of employers and obsolete tax legislation aimed at keeping women out of regular employment have resulted in large numbers of women staying out of the labor force. Japanese women either have to work in non-regular jobs, with no benefits or prospects of advancement, or stay away from work and become full-time wives and mothers. The author challenges the possibility that Prime Minister Shinzou Abe's ambitious plan aimed for reviving Japan’s stagnating economy can be attained without dismantling the obsolete system of gendered employment and in the absence of measures that genuinely protect and encourage a wider participation of women in the workforce, especially in leadership positions.

 

Nussbaum, Martha C. , India : Implementing Sex Equality Through Law , 2(1) CHICAGO JOURNAL OF INTERNATIONAL LAW, 35-58 (2001)
In this article, Nussbaum points to the unsteady progress of women’s rights in Indian law. She suggests that a more robust legal education, exposing up-an-coming legal professionals to women’s issues and perspectives; and better representation of women, especially minority women at the national level, are promising avenues for progressive reform. Nussbaum addresses three broad areas of development in women’s rights: India’s system of personal laws, constitutional non-discrimination provisions, and laws of substantive due process. Nussbaum concludes by affirming that catalysts from within Indian politics are more promising for long-term reform than those intervening externally. The criticisms and proposals contained in this article, while particular to the Indian context, emphasize the kinds of cultural and religious complexities that legal advocates of women’s social and political rights face in any diverse jurisdiction.

 

Nussbaum, Martha C. , Women and Equality : The Capabilities Approach , 138(3) INTERNATIONAL LABOUR REVIEW, 227-246 (1999)
This article introduces Nussbaum’s highly influential ‘capabilities approach’ to human development. Nussbaum argues that the appropriate normative framework for thinking about improving human beings’ lives around the world consists of a list of capabilities—entitlements to opportunities for fulfilling meaningful, basic functions of human life. The article illustrates this approach by focusing on the deprivations of capabilities facing women globally. Nussbaum defends cross-cultural norms, upon which the approach relies, against charges of Western colonialism and paternalism. She also points to deficiencies in traditional resource- and preference-based approaches to human development, which the capabilities approach seeks to overcome. The language of the capabilities approach is closely related to the language of human rights. In fact, Nussbaum thinks that the capabilities approach provides the most coherent justification for human rights. Ultimately, the capabilities approach is a powerful resource upon which women and others can draw to articulate problems of social justice and measure progress.

 

Nussbaum, Martha C. , Women’s Progress and Women’s Human Rights , 38(3) HUMAN RIGHTS QUARTERLY, 589-622 (2016)
In this article, Nussbaum argues that the impact of international human rights law on women’s progress should be assessed broadly. Legal documents, e.g., the CEDAW, have little direct impact on their own. And what direct impact they do have is often difficult to measure. Nevertheless, Nussbaum argues that international women’s human rights documents, for all of their notable limitations, do have a substantial impact when assessed in terms of how they enable the women’s movement. This enablement includes changing the language surrounding women’s issues, bringing together women across the globe, and focusing women’s aspirations for social and political change. In showing that international women’s human rights documents are impactful in ways not easily quantifiable—yet still tangible and meaningful—Nussbaum restores confidence in the efficacy of such documents and opens up new areas of research in the field of international women’s human rights. 

 

Ooi, Jorene , Bleeding Women Dry : Tampon Taxes and Menstrual Inequity , 113(1) NORTHWESTERN UNIVERSITY LAW REVIEW, 109-154 (2018)
Most US states impose a “tampon tax”, or sales tax on menstrual hygiene products, although some states and cities have successfully passed legislation to exempt menstrual hygiene products from the sales tax. This note evaluates the pros and cons of repealing the tampon tax from a tax policy standpoint. While repeal is usually undesirable as a matter of tax design, the tampon tax should be repealed because menstrual hygiene products are necessities and the tampon tax is discriminatory. This note argues for a menstrual health credit provided to women of menstruating age to bridge the financial disparity gap between women who must pay for menstrual hygiene products and men who don’t. This note further compares the proposed tax credit to other proposals to combat menstrual inequity, including free-tampons program and expansion of welfare benefits to include tampons and concludes that a tax credit would create fewer administrative complexities, reach more women overall and is less stigmatizing. 

 

Otto, Dianne , "Gender Comment": Why Does the UN Committee on Economic, Social and Cultural Rights Need a General Comment on Women? , 14 CANADIAN JOURNAL OF WOMEN AND THE LAW, 1-52 (2002).
The author of this article discusses considerations of equality in the provision of economic, social and cultural rights and analyzes the particular role of the United Nations Committee on Economic, Social and Cultural Rights in securing these rights for women. The article begins with a review of General Comments by the Committee, including a discussion of the status of these comments under international law. The second half of the article focuses on how women's human rights issues are addressed within the broader UN system. The author argues that the full provision of women's rights demands an examination of the specific structural barriers which prevent women from achieving their rights. In conclusion, the author discusses the need for the modification of gender stereotypes through instruments like General Comments. [Descriptors: Applying Human Rights Law - International, Social and Economic Rights, International]

 

Prameswari, Zendy Wulan Ayu Widhi, Agustin, Erni , Indonesian Marriage Law Reform : The Way to Strengthen the Protection of Children's Rights against Child Marriage , 2(1) JOURNAL OF SOUTHEAST ASIAN HUMAN RIGHTS, 286-301 (2018)
This article focuses on the minimum age requirement in the Indonesian Marriage Act, which enables child marriage and is to come under judicial review for the second time to evaluate its constitutionality. The authors state that the broad wording of international human rights law instruments make it difficult to eradicate child marriage as it is up to each individual state to construe the general provisions to apply to child marriage, which many have not. So while Indonesia has participated in the formulation of a number of international human rights instruments, and is party to them, the age requirement in their marriage laws has still not been raised. The authors conclude with several points they want the court to consider, but since the article was written prior to the conclusion of the case the results are not included. 

 

Rada, Cindy H , Forced Migration and Reproductive Rights: Pregnant Women Fleeing Venezuela , 15 COLOMBIAN YEARBOOK OF INTERNATIONAL LAW, 167-209 (2022)
This paper analyzes Colombia’s international human rights obligations concerning the immigration status and the right to reproductive health of pregnant Venezuelan women. These women flee to Colombia in search of reproductive health care and safety for their children and their own lives as a result of the serious denial of health care in Venezuela. However, pregnant Venezuelan women are not receiving adequate prenatal and postnatal care because of the insufficient health care system for immigrants in Colombia. The Colombian government only provides them with emergency health care because most Venezuelan pregnant women arrive with irregular immigration status. Thus, the authors emphasize that it is crucial for Colombia to formally recognize these women as refugees and provide them with accessible and sufficient reproductive health care.

 

Raday, Frances , The Economic Empowerment of Women - The United Nations Human Rights Council Expert Working Group on Discrimination against Women , 24 HUMAN RIGHTS DEFENDER 5-8 (2015)
This report highlights the findings of the UN Human Rights Council Expert Working Group on Discrimination against Women by looking at women’s economic and social life in the context of their lifecycle and how it changes from childhood, to adult life, and finally in older age. While equality seems to be achieved between girls and boys in primary education, this equality is not seen through all levels of education or into adulthood. The author presents evidence to suggest that working women have less job security and receive lower pay. For those women who experienced economic disadvantage during adulthood, old age is often characterized by poverty. Ultimately, the author argues that in order to achieve the Working Group’s goals, women need to be empowered to take part in economic and financial decision-making processes.

 

Rebouche, Rachel , Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women , 19 HARVARD HUMAN RIGHTS JOURNAL, 235-256 (2006).
This article outlines the shortcomings of previous treaties and programs created to address human rights issues, focusing specifically on women's rights in Africa. It examines the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. The author describes the creation of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa . The author argues that the drafters of the Protocol have failed to adequately address labour and land issues that women face in Africa. She then asserts that in order for women in Sub- Saharan Africa to have economic security, their rights as landowners must be affirmed. Finally, the article describes reform measures that have been undertaken in parts of Africa to address women's land and labour rights, and also discusses the likelihood of these measures having an overall positive impact on the economic rights of women. Rachel Rebouché, Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women (2006) 19 Harv Hum Rts J 235.

 

Richards, Patricia , The Politics of Gender, Human Rights, and Being Indigenous in Chile , 19 GENDER AND SOCIETY, 199-220 (2005).
This article examines gender politics and human rights as they relate to Indigenous women. It considers whether a conception of rights centered on the individual can truly promote the collective rights of indigenous peoples. Additionally, the author discusses the limitations of gender norms in understanding the reality of indigenous women in many contexts. She explores how the identification of Mapuche women in Chile mediates gender and human rights and considers the multiple identifications of Indigenous women. The article discusses the various means through which Mapuche women identify with the Mapuche community as whole, and differ from non-Mapuche Chilean women.

 

Saldarriaga, Shaleen Morales , Flaming Fifties and Beyond: An International Comparison of Age Discrimination Laws and how the United States Could Improve the Laws for Elderly Women , 25 ELDER LAW JOURNAL, 101-132 (2017)
In an attempt to mitigate against age discrimination in employment, the United States of America implemented the “Age Discrimination Employment Act (ADEA)”. Nonetheless, the efficacy of the ADEA has been reduced due to allowed exceptions which disproportionately impact women ie: bona fide occupational requirements. The author of this paper suggests that, by comparing the ADEA to Germany's Hartz IV Reform, changes must be made to US employment discrimination laws so that women of all backgrounds, race and cultures are protected over the age of 55 equally. These changes, it is argued, may include such things as an amendment to federal laws to increase employer penalties for age based discrimination and the creation of laws that will allow for easier access to employer records. 

 

Scully, Katherine , Blocking Exit, Stopping Voice: How Exclusion From Labor Law Protection Puts Domestic Workers at Risk in Saudi Arabia and Around the World , 41(3) COLUMBIA HUMAN RIGHTS LAW REVIEW, 825-881 (2010).
Globally, fifty percent of migrants are female. Migrant domestic workers are usually female and migrate on short-term contracts. This article focuses on the intersection of international human rights law and migrant domestic workers. It uses Saudi Arabia as a case study to illustrate the issues. Using Albert O. Hirschman's exit, voice, the article argues that the exclusion of migrant domestic workers from labour laws violates international human rights law. Finally, the author offers suggestions to provide migrant domestic workers with legal protection. Katherine Scully, Blocking Exit, Stopping Voice: How Exclusion From Labor Law Protection Puts Domestic Workers at Risk in Saudi Arabia and Around the World (2010) 41:3 Colum HRL Rev 825.

 

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