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
Ssenyonjo, Manisuli , Culture and the Human Rights of Women in Africa: Between Light and Shadow , 51 JOURNAL OF AFRICAN LAW, 39-67 (2007).
This article examines the ways in which cultural practices have caused difficulties in protecting women's rights in Africa. The author looks at the ways traditional cultural practices prevent womens rights from being realized. The author begins with an overview of women's human rights in African law (CEDAW, the African Charter on Human and Peoples Rights and the Protocol to the Charter on the Rights of Women in Africa). The author then examines specific cultural practices that limit the full implementation of women's rights (polygamy and divorce). The author concludes with suggestions: that education is vital for establishing a culture where human rights are understood and promoted, and that the African Charter should be interpreted as a "living instrument".

 

Stuart, Alison , Freedom of Religion and Gender Equality: Inclusive or Exclusive? , 10(3) OXFORD HUMAN RIGHTS LAW REVIEW, 429-459 (2010).
This article reviews the jurisprudence of European domestic jurisdictions to determine when and whether the right to freedom of religion has been interpreted as a right of religion to internal autonomy. It argues that to fulfill women's equal right to freedom of religion, women's positions and power within religion must be equivalent to men's. The author argues that this requires States to facilitate gender equality within religions as part of their obligation to secure the right to freedom of religion. The article proposes proportionate and appropriate methods to facilitate gender equality within religion. Alison Stuart, Freedom of Religion and Gender Equality: Inclusive or Exclusive (2010) 10:3 Oxford Human Rights Law Review 429.

 

Tambiah, Yasmin , Sexuality and Women's Rights in Armed Conflict in Sri Lanka , 12(23). REPRODUCTIVE HEALTH MATTERS, 78-87 (2004)
This paper discusses that the discourse of sexuality and sexual autonomy is often promoted to a lesser extent than other human rights in armed conflict situations due to its contested and “controversial” nature. This paper investigates the complex sexual choices of widows and sex workers in Sri Lanka in the context of militarisation, war, and ethnic conflict. Due to the increased prevalence of sexual violence, harassment, and importance of sexual chastity of Sri Lankan women negotiating bodily integrity and sexual autonomy during periods of war is critical. The article highlights that particularly widows and sex workers that have the responsibility of maintaining the household negotiated self-determination in spite of the pressure faced on them by the community. The article ends with solidifying the importance of advocating for sexual autonomy with the same fervor as other human rights to secure this right during and post-armed conflict 

 

Tiefenbrun, Susan , China's Employment Laws and Their Impact on Women Working in China , 23(2) U.C. DAVIS JOURNAL OF INTERNATIONAL LAW & POLICY, 253-293 (2017)
Since before and after the establishment of the People’s Republic of China in 1949, Chinese women have been discriminated against. Women’s discrimination in the labor force in China mirrors gender-based labor inequality in the world. Both gender-based factors and incremental disadvantages, such as the “glass ceiling”, pay inequality and non-standard working options (e.g. part-time or temporary work) apply to women working in China, as discussed in this article. This article also provides background information on the history and development of employment discrimination against women in China since Confucius to the present, the impact of domestic and international laws on gender-based employment discrimination in China, the role that culture and tradition play in fostering discrimination against women in society and in the workplace, and proposals for changes that might aid in the elimination of discrimination against women in the workplace in China. 

 

Tomasevski, Katarina , European Approaches to Enhancing Reproductive Freedom , 44 AMERICAN UNIVERSITY LAW REVIEW, 1037-51 (1995).
This article begins by noting that the elimination of multiple obstacles to equal rights for women embodied in private economic and social relations is a significant accomplishment of human rights protection in Europe. The author notes that the process of eliminating gender discrimination is not easy since governments are obliged not to interfere with freedom but, on the other hand, are obliged to interfere to reduce inequalities between men and women. This article describes and analyzes current European approaches to human rights relating to reproduction to demonstrate the accomplishments, controversies and unresolved problems in attempting to balance freedom and equality. The article notes that existing safeguards for individual choice need to be broadened geographically, specifically to Eastern Europe. [Descriptors: Reproductive Rights - Overview, International - Europe]

 

Trebilcock, Anne , Using ILO Sources to Vindicate Women's Economic Rights , 108 AMERICAN SOCIETY OF INTERNATIONAL LAW 265-270 (2014)
This article addresses the impact that the 2007-2008 financial crisis had on progress for women in terms of employment, labour force participation, and occupational segregation. The author provides an overview of the function of the International Labour Organization (ILO) and the resources it provides that can be used to help understand economic gender gaps and further women’s economic rights. In particular, the author highlights how such resources have been used in Greece in response to the financial crisis. The author also addresses criticisms of the ILO and finally provides recommendations on how ILO resources can be used to further women’s economic rights.

 

Treuthart, Mary Pat , The Global Gender Digital Divide and Its Implications for Women’s Human Rights and Equality , 23(1) GONZAGA JOURNAL OF INTERNATIONAL LAW, 1-54 (2019)
This article introduces the global disparity of access to Information and Communication Technologies (ICT) and its impact on women and girls. It emphasizes barriers to women’s access to ICTs and the problem of cyberviolence against women and girls. It argues that although such violence might not be framed as a classic human rights issue since it is usually perpetrated by private actors, human rights discourse is needed to provide remedies because the violence is grounded in discrimination. The author proposes the collection of sex-disaggregated data and the support at the policy level as an immediate approach, and the creation of a “Feminist Internet” as a future direction in amplifying women’s voices.

 

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.

 

Tuy, Sophorn , Discrimination against Women in Accessing Higher Education in Cambodia , 3(1) JOURNAL OF SOUTHEAST ASIAN HUMAN RIGHTS, 101-123 (2019)
Young women in Cambodia still face challenges in accessing higher education. The enrollment of female students at universities is increasing as more people understand the value of education and support their daughters to access higher education. However, the number of female students is still lower than the number of male students in higher education or university because of the following three main factors: institutional mechanisms, the legal framework, and economic, social and cultural issues as Cambodian people remain in their old, traditional ways when it comes to concept of women. This article explores the opportunities that have been provided to young women to pursue higher education, particularly at the university level, and provides some recommendations for addressing the challenges women face in accessing higher education in Cambodia, such as scholarships, dormitories, stipends, convenient infrastructure and strengthening and implementing relevant laws.

 

Ulrich, Amanda , Can the World's Poorest Women Be Saved: A Critical Third World Feminist Analysis of the CEDAW's Rural Women's Economic Rights and Alternative Approaches to Women's Economic Empowerment , 45(2) ALBERTA LAW REVIEW, 477-500 (2007).
This article argues that a re-examination of international conventional and treaty law concerning the protection and equality of women is necessary, given that globalization has tended to further economically marginalize women. The author poses two reasons why CEDAW has failed women economically and suggests that its economic articles pertaining to rural women could benefit from a Third-World Feminist Analysis (TWFA). The author critiques CEDAW using a TWFA from the point of view of women in the rural Indian village of Masure. The article concludes with three possible solutions for the improvement of women's economic situation where CEDAW has failed to protect women's economic rights in the new global economy.

 

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.

 

Vogelstein, Rachel , Let Women Work: The Economic Case for Feminism , 97 FOREIGN AFFAIRS 118-125 (2018)
This article calls for the current US administration to make the elimination of restrictions on women’s economic participation a priority. The author highlights the prevalence of barriers preventing women from entering the work force around the world, in both developed and developing countries. She argues that not only would greater female economic participation further gender equality but it would also boost countries’ GDPs and drive growth. The author references India and Ethiopia as two countries that have worked to eliminate some of these barriers and the positive societal changes these efforts have had, but also notes that in some countries, such as Saudi Arabia, improvement is slow and more work is needed.

 

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.

 

White, Seodi , Extreme Poverty and Its Impact on Women's Vulnerability to HIV Transmissions: A Rights Issue , 14(1) INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 75-91 (2010).
While this article is specific to Malawi, the research has broader implications for women's experiences with HIV/AIDS, poverty, and discrimination on an international level. The author uses the findings of a study by Women and Law In Southern Africa Research and Educational Trust Malawi (WLSA-Malawi) to ground her argument that extreme poverty drives women to engage in high-risk behavior that infringes on women's right to life. The article highlights a rights-based approach in the context of men's and women's participation and accountability in situations where social and economic factors make women vulnerable to HIV transmission. The author concludes with an outline of nine issues that need urgent attention from the political-administrative judicial system in order to implement a rights-based approach.

 

Wright, Shelley , Women and the Global Economic Order: A Feminist Perspective , 10(2) AMERICAN UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLICY, 861-87 (1995).
Highlighting the prevalence of gender bias and discrimination in international economic structures, this article reviews the nature of women's work, the characterization of economic rights, and the way in which countries formulate and implement global economic policies. The discussion touches on the "feminization of poverty", the right to an adequate standard of living, the Bretton Woods system, and 'Women in Development' discourse. The analysis concludes with the suggestion that a flexible and inclusive feminist analysis might help redefine what economic power is and how it should be exercised.

 

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