Women's Human Rights Resources Database

This article reflects on Afghanistan’s contemporary legal framework and policy conditions as they intersect with gender-based violence against women. The article first describes this legal framework, focusing on international obligations under conventions like CEDAW as well as international efforts such as Afghanistan’s Law on the Elimination of Violence against Women (EVAW) enacted in 2009. It emphasizes the shortcomings between EVAW’s expected potential and its actual policy implementation. The author describes the ways in which violence against women, the use of mediation in criminal cases, and state-led human rights violations remain a systemic reality in Afghanistan, posing a challenge to efforts promoting women’s health and rights. In the end, the author calls on the Afghan government and international community to narrow the gap between the law’s goals, on-the-ground action, and gender-based violence in Afghanistan. They offer legislative improvements to EVAW and other state law alongside other systemic reforms such as blending women’s rights issues with broader Afghan societal values.

UNSCR 1325 (2000) represented the first time women, peace and security were addressed as a component of the Security Council agenda. UNSCR 1960 (2010) was one of four resolutions intended to supplement UNSCR 1325, and contained a naming and shaming process, which at the time appeared to be a positive development in increasing accountability under UNSCR 1325. This article provides an explanation of the terminology and context of UNSCR 1960, followed by a critical analysis of the naming and shaming process found in operative paragraph 3. The article argues that the lack of accuracy checks to avoid erroneous listings may result in non-state actors, including members and leaders of armed groups, choosing to distance themselves from the peace process. The article concludes that the naming and shaming process may undermine the effectiveness of UNSCR 1325, as it fails to recognize the necessity of the participation of armed groups in securing long-term peace within a region. Gina Heathcote, Naming and Shaming: Human Rights Accountability in Security Council Resolution 1960 (2010) on Women, Peace and Security (2012) 4:1 J Hum Rts Prac 82.

With special focus on the US, this article discusses the impact of the Hague Convention on the Civil Aspects of International Child Abduction on women who are being domestically abused. The author shows that women who flee the country with their children in escape from an abusive partner are often returned by the receiving country to the country of origin where they may face child abduction charges. She demonstrates that this return principle does not prioritize the needs of women; rather, "return, as applied in domestic violence cases, denies women's autonomy, furthers cultural imperialism, and perpetuates class inequalities". She argues that a better solution would be to create an explicit domestic violence defense to claims of child abduction. [Descriptors: Violence Against Women, International]

This article analyzes the existing legislation related to human trafficking in and around the United Kingdom, with an emphasis on human trafficking for the purpose of sexual exploitation of women and children. The author contextualizes the issue by providing a statistical overview of human trafficking before outlining the current United Kingdom, European Union and international legislation. The author then examines two main perspectives of the crime, the first as transnational organized crime and the second as contemporary slavery. The final section focuses on how victims are viewed by the United Kingdom government and the vital role NGOs play in supporting victims. The article concludes by proposing that in order to secure protection for victims, the legislation should view human trafficking for sexual exploitation as contemporary slavery.

This article argues that the category of gender is an additional ground of persecution that needs to be recognized. Part I examines various types of persecution faced by women, namely: female circumcision, rape, morality codes, and physical violence. Part II examines the current status of asylum law with respect to gender-based persecution by looking at several prominent asylum cases in the United States, Canada, France, and Australia. Part III examines domestic asylum laws and statutes, considers various international human rights instruments and closely examines Canada's guidelines for granting asylum to claimants suffering gender-based persecution. Recommendations outlined in Part IV focus on how various national governments and the United Nations should proceed in the granting of political asylum to women who claim persecution based on gender. [Descriptors: Migration - Refugees and Immigration, Violence Against Women, International]

This paper focuses on the underlying reasons why there has not been a formal apology by the Japanese government to South Korean comfort women, who served as sex slaves to Japanese soldiers during WWII. The paper notes that, to date, the trials that have been filed against the Japanese government have all been dismissed. The paper states that Japan has had a long-standing history of government-licensed prostitution and therefore, may view the concept of Korean comfort women as similar to licensed prostitution rather than as sex slaves. The paper provides social data to further suggest that there is a similar perception in the general public of Japan; that comfort women were simply working in the sex industry. Lastly, the paper suggests other factors for the lack of a formal apology, such as taking note of other countries that have also refused to apologize for their wrongdoings, and thus seeing no benefit or incentive to do so.  

The article discusses the global human rights movement of comfort women, who suffered serious abuses by the Japan during WWII. The movement demands that Japan publically apologize and provide reparation for the acts committed. The article discusses the human rights strategy used by the movement to advance its claims and focuses on how this strategy can serve as a lesson to other similarly situated groups. The author compares the people-centric paradigm of post-conflict justice put forth by the movement with the state-centric paradigm employed by Japan. The first part of the article focuses on the early strategies of the movement, and analyzes the Hwang v Japan decisions to dissect the litigation efforts put forth and the challenges faced. The second part discusses the impacts of the more recent human rights strategies employed which go beyond litigation, including the 2000 Womens Tribunal mock trial. Finally, the paper examines the transnational legislative campaigns brought forward by the movement in 2007 and 2008, and conducts a case study of the U.S. House Resolution 121. The author also discusses the impact of pursuing routes that go beyond litigation and how they further the movement. Cheah Wui Ling, Walking the Long Road in Solidarity and Hope: A Case Study of the "Comfort Women" Movement's Deployment of Human Rights Discourse (2008) 22:1 Harv Hum Rts J 63.

Amidst the increase in Indigenous migrants fleeing Central America, the Mexican government has chosen to prioritize border enforcement instead of providing adequate protection to migrants. Most vulnerable are Central American Indigenous women, who face a variety of dangers while migrating including human trafficking, kidnapping, forced marriage of minors, extortion, and rape. This article explores alternative approaches to promoting migrant protection and removing barriers to accessing asylum and redress. It finds that the combined efforts of the United States’ Central American Minors program (protecting unaccompanied minor migrants), the United Nations High Commissioner for Refugees (working to expand regional asylum systems in countries including Mexico), Indigenous rights organizations, and other civil society members, are all essential to protecting vulnerable migrant women. 

This study highlights the needs for closer scrutiny of the inter-sectional nature of perpetrators of domestic violence. The author posits that attention on the identities of victims of domestic violence fails to reveal the reason why success in family court cases does not always align with the victims adherence to decision-makers' expectations of the "perfect victim". The article argues that the expansion of inter-sectional and performance theory to perpetrators is necessary to gain further insight into this discrepancy.

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.

This article addresses the recent shift towards finding States responsible for gender-based violence perpetrated by non- State actors. Using recent cases in the areas of domestic violence, sexual assault and reproductive violations, the article demonstrates that international judicial bodies are beginning to view gender-based violence in the private sphere as a human rights violation. The article analyzes recent articulations of States' positive obligations, namely the State's obligation to exercise due diligence to prevent, investigate and remedy VAW. The article also canvasses various international human rights treaties that address VAW, considering, in particular, States' obligations to respect the rights to equality and non-discrimination.

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.

The UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) updated General recommendation No.19 on violence against women by adopting General Recommendation No.35 on gender-based violence against women. This article identifies the differences between the two recommendations, namely a more detailed account of the responsibilities of state parties through the concept of due diligence. However, this development is deemed positive but insufficient. Gender-based violence continues to be an international issue and Recommendation No.35 is not legally binding on states. A comprehensive UN treaty on violence against women is cited as the next logical step following Recommendation No. 35. 

The author examines extreme forms of domestic violence against women and proposes international law as a supplement to domestic law in the area of domestic violence. She begins by discussing gaps and weaknesses in domestic law in the protection of victims and persecution of perpetrators of domestic violence. Here, she conceptualizes extreme forms of domestic violence as private torture, which she argues falls under the jurisdiction of international law as well as domestic violence law. In the second half of the article, the author discusses international law as a supplement to domestic law. Noting that "[private torture] is an international issue", she proposes the application of Convention against Torture as a solution. [Descriptors: Violence Against Women, International]

This article exposes the ways that frequent denial of divorces for women experiencing domestic violence in Chinese courts goes against international norms and treaties promoting women’s rights and gender-equality. Thus, while China has championed such international norms and rights, in practice, its courts violate and subvert national laws and international legal commitments. It is argued that the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) appears to have had few positive effects on women seeking divorces after experiencing domestic violence. The highly institutionalized practice of denying first-attempt divorce petitions in China disproportionately affects women and is correlated with the substantial number of female marital-violence refugees. 

This article examines recent developments in international human rights law relating to domestic violence, and addresses the extent to which refugee law has integrated these developments into the adjudication process of asylum seekers. The article notes that victims of domestic violence who file asylum claims on that basis continue to face difficulties. The article surveys recent international jurisprudence and regional developments, highlighting the expanding due diligence norm. The article also provides a critical analysis of an American asylum case, "In the Matter of R-A". the article concludes that the standard of due diligence, which is increasingly being used by international and regional bodies to determine the scope of States' responsibilities in the context of domestic violence, is not being applied to assess the adequacy of State protection in asylum cases.

The author argues that the development of international criminal law needs to be shaped by a gender-infused theory of harm in order to properly respond to the needs of women. She explores studies that analyze how women process harm differently than men. Current understandings of these international laws demonstrate a gender bias that does not adequately address the particular harms women experience during times of conflict. Focus in international law is centered on physical harm towards women and fails to take into account the harms that most persistently affect women, including socio-economic, community, and private harms. The author argues that international law should respond to actual experienced harm to develop more appropriate remedies for women.

This article explores the evolution of international law on sexual violence during armed conflict and, in particular, how it has developed within the African region. It begins by analyzing how the law has evolved due to decisions made at the ICTY and the ICTR. The author then argues that the creation of the Charter of the African Union and the Women's Protocol has made a significant contribution to the protection of women against sexual violence in international law. The establishment of the African Court is a further positive step to ensure that states fulfill their obligations under the Charter. The author recognizes that the African Court is an important enforcement mechanism, but cautions that its success depends on the participation of African countries to make certain that states follow these decisions. The article argues that, while the law addressing sexual violence during armed conflict has made significant progress in the African region, it needs to be more strictly implemented by individual states.

This article is in response to the UN’s Guidance Note on Reparations for Conflict-Related Sexual Violence (2014). The authors aim to address conceptual gaps that remain in the legal and policy framework for reparations addressing conflict-related sexual violence. These gaps result in ongoing challenges in implementing gender-sensitive reparations, such as the exclusion of women from legal remedies due to definitional, operational, and enforcement bias in the creation and implementation of reparation regimes. The authors also argue that violence against men is often unseen and unaccounted for in these reparations due to a limited understanding of who can be the victim of sexual harm. The authors undertake an analysis of international and domestic approaches to reparations delivery. They propose ten practice-based principles to be used in implementing transformative reparations in judicial, peacemaking and programming contexts for conflict-related sexual violence.

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 analyzes the modern international human security and human rights approach to women’s security through a feminist lens. The article first reflects on the feminist re-conceptualization of violence against women as a social phenomenon and gender-based security issue. The article then explores how modern international security and international human rights have concentrated on the criminalization of male violence against women in international criminal law. The article analyzes both the value and limitations of criminalization strategies in each framework. Particularly, the authors explain that criminalization strategies frame women as passive victims in human security discourse, and that criminalization tends to obscure the structural dimension of violence against women in international human rights law. The article concludes by asserting that criminalization, while necessary for combatting violence against women, should be supported by an inclusive political structure that has the capacity to support feminist interpretations of gender equality, agency and security.

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.

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.

This article alleges that due diligence is essential to reducing the prevalence of violence against women (VAW) worldwide. First, the article examines current international and state mechanisms for recognizing and documenting VAW. The article then assesses the international legal approach to gender discrimination and VAW. The article offers and explains a due diligence-based “7P response” for states to apply in combatting VAW: (1) prevention, (2) protection against, (3) promoting awareness, (4) probing, (5) prosecuting, (6) punishing, and (7) providing redress. The article emphasizes the importance of complete data collection for accurately assessing the impact of due diligence on VAW. The article concludes by emphasizing that only a universal implementation process and oversight mechanism will adequately complement due diligence standards.