Women's Human Rights Resources Database

This article analyzes the decision by the Inter-American Commission on Human Rights in the case of Jessica Lenahan (Gonzales) v United States. Of particular concern is the responsibility of the state to provide adequate protection for victims of domestic violence. Specifically, this case involved a Colorado police department ignoring a womans reports of domestic violence, culminating in a shoot-out with police and the deaths of the plaintiffs three children. The author notes the influence of the European Court of Human Rights and the seeming contradiction between that courts ruling and traditional holdings by the United States Supreme Court concerning positive duties on the state to prevent human rights violations. The author finds the case highly significant for future applications of human rights law in domestic violence situations in the US, as it holds that the state has a role to play in protecting human rights in a private arena and that the US was in violation of human rights standards on the facts of this case. Onagh McQuigg JA Domestic Violence and the Inter-American Commission on Human Rights: Jessica Lenahan (Gonzales) v United States (2012) 12 HRL Rev 122.

This article begins with a personal account of a group of women talking around a kitchen table in Belgrade in 1994. The article first explores the role of such local actors in the development of international norms. Second, the article examines recent developments promoted by globalization that are important in the inquiry into the mutually constitutive relationship among international norms, international structures, and local actors. Third, it looks at the theoretical tools available for furthering this analysis. [Descriptors: Applying Human Rights Law - International, International]

This article is an historical account of women's rights in the drafting of the Universal Declaration on Human Rights (UDHR), examining the internal history and discussing the struggles involved. The author argues that because of the prohibition against discrimination, there was no need for repetition through a separate "women's clause". The final result, with use of the words "everyone" and "no-one", came as a result of much struggle, especially in the case of women's rights. This articles examines the discussion around article 1, articles 16 and 25 regarding the family and children, article 16 on marriage, and articles 21 and 23 on suffrage and pay. [Descriptors: Applying Human Rights Law - International, International]

This article examines the implications of forced sterilization for HIV-positive women. The author begins by discussing the physical, psychological and social harm that sterilization has on women and goes on to identify international human rights violations that occur with forced sterilization. The second part of the article focuses on the possibility of using litigation to remedy the related rights abuses. The author discusses two cases, the first is pending before the Inter-American Court of Human Rights regarding the use of forced sterilization of an HIV-positive woman in Chile, and the second is before the Namibian High Court regarding the use of forced sterilization in Namibia. The article then discusses how litigation can offer redress for victims of forced sterilization, may prompt policy shifts in governments, and promote respect for reproductive rights. Pooja Nair, Litigating Against the Forced Sterilization of HIV-Positive Women: Recent Developments in Chile and Namibia (2010) 23 Harv Hum Rts J 223.

In the face of evidence that links sexual violence against women to armed conflict in Africa, the author asks: can the Protocol on the Rights of Women in Africa change the situation? The author examines the treatment of sexual violence against women during armed conflict in international humanitarian law generally, and then analyzes the provisions in the Protocol that specifically address violence against women. The author argues that states are obligated to protect women from sexual violence during armed conflict under the Protocol, but that the Protocol does not give clear guidelines on how to meet these obligations. The author suggests that these guidelines may be clarified by the African Court's interpretation.

This author examines the longstanding feminist legal debate regarding the role of international humanitarian law (IHL) in respect to civilian women in armed conflict. The "enforcement" school argues that women bear so many tragic effects of armed conflict because legal rules are not observed or enforced. UNSCR 1325 reflects this view by calling on parties to fully respect IHL as it applies to women and girls. In contrast, the "revision" school agrees that enforcement is important, but posits that IHL reflects masculine assumptions that do not adequately account for gender inequity. The author concludes that mainstream action has focused on enforcement, but that further (re)interpretation and legal reform would help improve the situation for female civilians in armed conflict.

This article focuses on the shortcomings of domestic & international law with respect to the human rights implicated in commercial transnational surrogacy, particularly within India. Part I of the article discusses the plight of Alaja, a young transnational surrogate who is maneuvering within a legal environment ripe for human trafficking violations. Part II of the article discusses the inadequacy of domestic surrogacy laws to protect surrogates in those nations in which surrogacy is most prevalent. Part III addresses how human trafficking, specifically labor trafficking, is often implicated in transnational surrogacy agreements. Part IV delves further into this issue by analyzing the operation of disparate power relations within existing labor trafficking case law. Finally, Part V applies the same power disparity analysis to the socioeconomic inequality often present in transnational surrogacy agreements. The article concludes its findings to suggest that such disparate socio-economic power should subject these commercial agreements to human trafficking regulation.

This article focuses on the notion of “intersecting borders of equality” ––drawn from intersectionality theory and the concept of “normative boundaries of belonging” ––to show the disadvantages and human rights violations faced by migrant women. The author highlights that formal, normative, and practical borders construe migrant women as outsiders or lesser members in society. When viewed through this lens, it becomes evident that migrant women’s experiences are shaped by different inequality structures rather than their own personal choices or failures. The author concludes by paying attention to how it may not always be possible to dismantle borders of inequality, especially without making deep changes in dominant cultural attitudes. Therefore, the focus of international human rights law should be to remain attentive to fixing these borders rather than reinforcing its disadvantages.

This article begins by briefly describing two cases on sexual violence perpetrated by State agents against women that were brought before the Inter-American Court of Human rights (IACHR). The author then provides an in- depth analysis of the 2006 IACHR decision of the Castro-Castro Prison case, where there were allegations of sexual violence and abuse of of female inmates by State authorities. The IACHR's found the violence perpetrated against the female inmates had violated various articles of the American Convention of Human Rights, the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention of the Prevention, Punishment, and Eradication of Violence Against Women (Convention of Belém do Pará). Finally, the author explores the IACHR's use of the Convention of Belém do Pará in the Castro-Castro Prison case and discusses future implications it may have on addressing women's rights abuses. Karla I Quintana Osuna, Recognition of Women's Rights before the Inter-American Court of Human Rights (2008) 21:2 Harv Hum Rts J 301.

Although CEDAW has been under consideration in the U.S. for the past twenty-five years, the U.S. has not ratified the Convention. This article examines how a ratification of CEDAW could affect U.S. employment law. The author outlines the history of CEDAW in the U.S. Using Canada, where CEDAW has been ratified, as a case study, the article explores how the Convention might affect the U.S. employment discrimination law. In particular, it focuses on four areas: equal opportunity, pay equity, marital and pregnancy protections, and sexual harassment. The article discusses how the interaction between the CEDAW Committee and Canada has influenced Canadian legislation and initiatives. It also notes how CEDAW ratification can offer support and guidance to legislators, employers and advocates. In discussing how CEDAW ratification may affect U.S. employment discrimination law, the article addresses the criticisms CEDAW has received in the U.S. The author concludes that there is potential to further the commitment to gender equality and reform in the U.S. through CEDAW ratification. Jessica Riggin, The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons From Canada (2011) 42:2 Colum HRL Rev 541.

This article provides an overview on the legal and social changes relating to domestic violence in Brazil, occurring as a result of international human rights law and the women's movement in Brazil. The author uses a case study of Brazil to exemplify how international bodies and international law can be used to assist in improving women's rights. She provides a discussion of the Brazil's treatment of domestic violence, as well as the obstacles to women's rights, prior to its CEDAW ratification. The article also discusses how women's rights groups in Brazil used CEDAW, the UN and the Inter- American Commission of Human Rights to pressure for legal change and support. In particular, it looks in-depth at the establishment of women's police stations and Brazil's first criminal domestic violence legislation, the Maria da Penha Law. Jodie G Roure, Domestic Violence in Brazil: Examining Obstacles and Approaches to Promote Legislative Reform (2009) 41:1 Colum HRL Rev 67.

Many women seek refugee protection fleeing from forced marriages. However, because there is no precedent establishing forced marriage as a form of persecution, these women often have to establish their claims on related harms that already constitute persecution, such as rape,. The article discusses what constitutes forced marriage and the development of requirements for refugee protection. The author then examines the meaning of persecution and how forced marriage may fit within the definition. Following this more general discussion, the article analyzes a number of U.S. cases involving forced marriage to explore the treatment of forced marriage in asylum adjudications. The analysis identifies a number of factors in asylum adjudications involving forced marriage, including legal challenges and adjudicator misapprehensions. It concludes that forced marriage as persecution is barely addressed in U.S. asylum cases. The author concludes that forced marriages should be considered a form of persecution under domestic and international law since they deprive women of the fundamental right to freely consent to marriage. Kim Thuy Seelinger, Forced Marriage and Asylum: Perceiving the Invisible Harm (2010) 42:1 Colum HRL Rev 55.

The article considers the case for viewing forced marriage as a gender crime. This practice was a prevalent form of violence during the civil war in Sierra Leone. The article engages in a brief examination of the Special Court for Sierra Leone trials. The author argues that recognition of this practice as a form of gender violence is crucial to advancing the scope of international law. A comparison is made between the characterization of forced marriage under international criminal law and its treatment under international refugee law, where similar violence is defined as persecution in the Convention relating to the Status of Refugees.

Transnational surrogacy is a rapidly evolving and increasingly commercial practice used to create new families.  This article grounds itself in preventing the exploitation of vulnerable peoples, violations of human rights and other issues. Part I of the Article introduces and explains why domestic/state family law is inadequate to address these issues. Part II uses the framework of international human rights laws to provide a guideline to address the rights issues implicated in transnational surrogacy.  The articles thesis is that where surrogacy is permitted, human rights protections should be assured. However, if these assurances are not given, then surrogacy should be barred as a violation of human rights. 

This article asserts that women's reproductive rights have not been acknowledged as international human rights because of the reluctance of international tribunals to criticize domestic policy in this area. The article examines the use of the margin of appreciation doctrine by the European Court in the case of Open Door Counseling Ltd. and Dublin Well Woman Centre Ltd. v Ireland. The author argues that the European Court has been hesitant to establish uniform norms in light of cultural differences among signatory states and concludes that the refusal of the court to incorporate women's needs, views and experiences when interpreting the Convention threatens not only women, but also the credibility of the fundamental rights framework of the Convention. [Descriptors: Applying Human Rights Law - International, Reproductive Rights - Overview, International - Europe]

This article examines how international law regarding sexual violence and armed conflict has developed significantly since the 1990s. Rape and sexual violence was commonplace during conflict in the twentieth and twenty-first centuries and most recently has been used in Darfur, Sudan and in the Democratic Republic of Congo. Both the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia started momentum for the prosecution of sexual violence and rape in armed conflict. Over time, a number of tools have been developed that can be used to combat sexual violence against women in armed conflict, including humanitarian law, the Genocide Convention, laws condemning crimes against humanity, and customary international law. This article analyzes the effectiveness of the tools available and examines how they can be utilized in the future to prevent sexual violence during armed conflict. Kas Wachala, "The tools to combat the war on womens bodies: rape and sexual violence against women in armed conflict" (2012) 16:3 Intl JHR 533.