Women's Human Rights Resources Database

This report examines how international law can be used to protect refugee women's rights in situations of sexual and gender-based violence. The first section of the report provides an introduction to international law and international judicial bodies. The second part of the report discusses the many forms of violence against women and the work of the UN Special Rapporteur on Violence Against Women. The report then focuses on the security of refugee women in particular and how international law can protect their rights. While the report is introductory in nature, it also includes an extensive list of other resources that may be useful for more in-depth research. [Descriptors: Migration - Refugees and Immigration, Violence Against Women, International]

"The Getting Landed Project holds that limbo is the most significant obstacle facing refugees in Canada today." This brief examines the issue of 'limbo' - the situation of refugees in Canada who do not have landed status and whose entire lives are on hold. The brief makes a number of recommendations about how to reduce and eliminate limbo and other barriers to landing and family reunification. The brief examines whether the proposed Immigration and Refugee Protection Act meets its own objectives in balancing Canada's security and its commitment to providing sanctuary to those in need of protection, and also whether this Bill complies with the various refugee and international human rights instruments to which Canada is a signatory. This brief is an example of how domestic legislation is being reviewed with an eye to international human rights obligations. [Descriptors: Migration - Refugees and Immigration, Canada]

This study seeks to show how CEDAW can be used to advance the rights of women migrant workers throughout the migration process. It begins with an introduction to CEDAW and the elements of a gender sensitive, rights-based perspective. The second section looks at the feminization of global labour migration and push and pull factors, emphasizing the need for gender-based analyses and responses. The last section of the study discusses how women migrants can claim human rights through CEDAW and uses examples to demonstrate good practices by governments, NGOs and the CEDAW Committee. This section also includes recommendations and illustrates how the inclusion of a General Recommendation on Migration within CEDAW would better enable the Convention to address women migrant workers' needs. [Descriptors: Migration Labour Migration, International]

This briefing kit examines the trafficking of women and girls in Southeast Asia. It begins by looking at the demand and supply factors that encourage and perpetuate trafficking, and the abuses and stresses that women face during and after trafficking. The report emphasizes the importance of a gender-responsive, rights-based approach to trafficking that is "responsive to gender differences and disparities, and focused on realizing human rights equitably and hence equally for women and men". Using this framework, the report then argues that effective anti-trafficking strategies must include prevention, protection and assistance, return and resettlement, and research and advocacy. These strategies are illustrated by examples of current activities by organizations and groups in the region. [Descriptors: Migration - Trafficking, International - Asia]

This Optional Protocol was adopted by the UN General Assembly on May 25, 2000 and entered into force on June 18, 2002. The aim of the protocol is to eradicate the sale of children, child prostitution and child pornography, and foster international cooperation in bringing the perpetrators of these crimes to justice. The preamble of the protocol identifies the girl child as particularly vulnerable to, and disproportionately affected by, sexual exploitation. Other provisions of the protocol address jurisdictional issues, compensation of victims, special consideration for the interest of the child in legal proceedings, public awareness campaigns and international cooperation in investigations, information exchange and extradition. [Descriptors: Migration - Trafficking, International]

This paper argues for a gender and human rights-based development perspective. It begins with a brief overview of global trends in trafficking and an analysis of current measures to combat this activity. The majority of the paper focuses on a gender and rights-based approach as a framework for analysis and action that would recognize and address gender inequalities, ensure the protection of human rights as well as equip women, men, girls and boys to deal with discrimination and exploitation. Gender and rights issues throughout the trafficking process are also identified. The last section examines anti-trafficking strategies with a particular focus on prevention. [Descriptors: Migration - Trafficking, International]

This paper was prepared by the former UN Special Rapporteur on Violence Against Women, Radhika Coomaraswamy, for a high-level intergovernmental meeting of the Economic and Social Commission for Asia and the Pacific. She begins by discussing the nature of trafficking and the structural factors that push women to migrate. The lack of international consensus on the best approach to trafficking and the relationship between trafficking and prostitution are also examined. The paper ends by analyzing the responses of the international community, including the UN Trafficking Protocol as well as the national legislation and domestic policies of individual states. Women's personal trafficking experiences are also included. [Descriptors: Migration - Trafficking, International]

This paper discusses trafficking of women in the Asia Pacific and the potential of CEDAW to reduce trafficking and violence against women in the region. The paper begins with a discussion on the conceptual understanding of trafficking and outlines trafficking patterns in the Asia Pacific. It then examines various facets of trafficking, including human rights, gender, forced labour, migration and poverty. The last section of the paper focuses on CEDAW and the legal obligations of ratified parties to protect women's human rights. The paper concludes that while the UN Trafficking Protocol takes primarily a law enforcement approach, CEDAW is more able to address the underlying causes that perpetuate violence against and trafficking of women. [Descriptors: Migration - Trafficking, International - Asia]

This report discusses the abuse and human rights violations experienced by migrant domestic workers, focusing specifically on the situation of live-in women workers. The report begins by briefly outlining recent activities carried out by the Special Rapporteur, and focuses its analysis on the situation of migrant domestic workers. It describes structural factors that increase the vulnerability of migrant domestic workers, and highlights the need for watchdog mechanisms and adequate monitoring by governments, recruiting agencies and consulates. The Special Rapporteur emphasizes throughout her report that domestic work is crucial to the development process of many countries and a lawful form of employment that deserves legal protection. She ends with a series of concluding observations and recommendations to governments of origin and destination countries. [Descriptors: Migration - Labour Migration, International]

This report focuses on violence against female migrant workers. It describes the international legal framework, and measures taken by States and within the United Nations system to implement the UN General Assembly resolution requiring governments to address violence against migrant women workers. The report finds that the development of laws and policy has focused on gender equality, violence against women and worker's rights as opposed to targeting female migrant workers. It offers recommendations to ameliorate this approach, encouraging States to ensure their legislation effectively protects the human rights and comprehensively addresses violence against both documented and undocumented migrant workers The report also calls for mechanisms to be put in place to assess the effectiveness of relevant legislation.

These Guidelines, developed by the United Nations High Commissioner for Refugees (UNHCR), are intended "to provide legal interpretative guidance for governments, legal practitioners, decision-makers and the judiciary as well as UNHCR staff carrying out refugee status determination in the field." The guidelines begin with the non-legal definition of gender-related persecution, review the historical background of interpreting refugee law in light of gender and outline circumstances potentially amounting to a well-founded fear of persecution. The guidelines note that a common challenge in assessing gender-related claims is establishing the causal link between the fear of persecution and the Convention grounds. The guidelines review the various Convention grounds to argue that gender claims can be made under each of these grounds and not simply for persecution on account of membership in a particular social group. Specific procedural issues outlined in the conclusion focus on ensuring that the gender-related claims of women are properly considered. [Descriptors: Migration - Refugees and Immigration, International]