Women's Human Rights Resources Database

This legal brief was prepared for the United States Supreme Court by the International Women's Human Rights Law Clinic of the City University of New York and the Center for Constitutional Rights. The brief was prepared on behalf of international law scholars and human rights experts and concerns the United States' Congress power to enact the Violence Against Women Act (VAWA) as fundamental to fulfilling the United States' commitments under international law. Three main international law arguments are advanced. First, "the International Covenant on Civil and Political Rights requires the United States to provide protection from gender-based violence from both private persons and public officials." Second, "the emergence in customary international law of a clear norm recognizing women's right to live free of gender-based violence" provides additional support for Congressional action. Third, "it is well settled and fundamental to the [United States] constitutional system that, whenever possible, domestic law should be interpreted so as to enable the [United States] to fulfill its international obligations." Professor Cathy Albisa was lead attorney in the case, Professor Rhonda Copelon, Director of the International Human Rights Law Clinic, co-authored it, while Jenny Green and Peter Weiss represented the Center for Constitutional Rights.

While reparation awards may be made in cases of human rights violations, these decisions are frequently not enforceable and the victims are left unable to collect their award. This memorandum by Amnesty International (AI) outlines the fundamental principles that AI believes are essential to ensure victims of violations of human rights, international criminal law or international humanitarian law obtain reparations. It also identifies some of the concerns that Amnesty International has with the text of the draft Convention on International Jurisdiction and the Effects of Foreign Judgments in Civil and Commercial Matters. [This memo is not about women's rights in particular.]

This paper criticizes the post-2015 High Level Panel (HLP) report, arguing that it insufficiently addresses poverty, environmental degradation, and inequality around the world by over-emphasizing the role of the private sector. Concerned with the narrow visions of womens and girls' empowerment and gender equality in the report, AWID calls for a 1 structural transformation and the political will for change. AWID argues that there are shortcomings in the HLP report: failure to centralize women's rights and gender equality in every goal and outcome of the post-2015 agenda, failure to address multiple and intersecting inequalities, and failure to mention the need for financial economic justice and gender equality. The article concludes with eight recommendations that AWID argues decision-makers involved in the post-2015 and sustainable development goals process should consider as the agenda unfolds.

This Appendix is a list of 205 cases decided in Canadian Courts that make reference to international human rights law in the post-Charter (1982) era.

Women's Human Rights advocates are critical of the dichotomy between civil and political rights on the one hand and economic and social rights on the other because it goes against the principle of the indivisibility of all rights. The division of rights into two categories affects women all the more. This document outlines the tendency to separate rights, and provides information and links on the major human rights mechanisms and key facts and figures. Finally, a list of links are provided to other useful women's rights resources.

In this General Comment, dated December 3, 1998, the Committee on Economic, Social and Cultural Rights addresses States Parties' obligations to give effect to the rights recognized in the Covenant. The Committee emphasizes that modifications to the domestic legal order may be necessary to fulfil treaty obligations. Although the Covenant does not expressly require judicial remedies, the Committee notes that a failure to provide such remedies must be justified. General Comment 9 also addresses the means of implementation into the domestic legal order; the desirability of direct incorporation; the role of legal remedies such as administrative procedures; and the treatment of the Covenant in domestic courts.

The Convention for the Protection of Human Rights and Fundamental Freedoms or the European Convention on Human Rights (ECHR) applies to member states of the Council of Europe who have ratified the treaty. The ECHR was adopted by the Council of Europe on November 11 1950 and entered into force September 3 1953. The Convention has been amended on four times in 1970, 1971, 1990 and 1998. The ECHR is the main human rights instrument at the European level and applies equally to men and women. Article 14 sets out the general right to non-discrimination on various grounds, including sex.

The Refugee Convention was adopted by the UN General Assembly on April 22, 1954 and entered into force on December 14, 1954. The Refugee Convetion is the primary international document that defines who is a refugee and that sets out their rights for asylum protection. [Descriptors: Migration - Refugees and Immigration, International]

This section of the Division for the Advancement of Women website provides a table of the States who have signed or ratified the Convention on the Elimination of All Forms of Discrimination against Women (the "Women's Convention"). As of March 2005, 180 countries - over ninety percent of the members of the United Nations - are party to the Women's Convention.

This study, prepared by Ms Savitri Goonesekere, presents a basic overview of gender equality at law and the use of international standards to promote equality in the Asian and Pacific regions. The study is divided into four parts: Introduction; The Reception of the General Normative Standards on Gender Equality in International Law in National Constitutions and International Monitoring; Limitation of Constitutional Approaches and the Relevance of Substantive and Domestic Law; and The pecial Problem of Women and Violence.

Covering the period from March 1997 to July 1998, this report on the legal status of Kenyan women examines issues of political participation, constitutional and law reform process including incorporation of international law into domestic law, violence against women, freedom from torture, rights to liberty, life, security, and security of property, and gender equality and affirmative action. The report frequently invokes the Kenyan government's commitments under international law and discusses the government's failure to submit its scheduled report to the Committee on the Elimination of All Forms of Discrimination Against Women. The report concludes with recommendations to enhance the status of women's human rights in Kenya.

Dated July 31, 1981, this brief General Comment by the Human Rights Committee (HRC) calls attention to States Parties' commitments to ensure the enjoyment of Covenant rights to all individuals under their jurisdiction. The Committee stresses the importance of training administrative and judicial authorities to be aware of obligations under the International Covenant on Civil and Political Rights (ICCPR).

This report documents and describes the high incidences of rape, sexual abuse, and sexual harassment committed against South African schoolgirls by teachers and male schoolmates. While South African girls formally enjoy equal access to education, the sexual violence they encounter in schools impedes this access and violates their right to education. The report finds the gender-based discrimination persists because school officials, for the most part, do not take the situation seriously and sufficient coordination between the schools, police and courts does not exist. The report argues that sexual violence against girls in schools is so widespread that it should be viewed as a systemic problem and demands a national plan of action in light of South Africa’s international legal obligations.

The International Bill of Human Rights consists of the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) along with its two Optional Protocols. Human Rights fact sheets are prepared by the United Nations Centre for Human Rights in Geneva and are intended to assist a wide audience in understanding specific human rights issues.

This Convention was one of the first international documents to specifically identify the rights of Indigenous persons. The Convention generally states that the full range of human rights should be provided to Indigenous persons and Article 3 states that these provisions should apply equally to males and females. The Convention emphasizes key elements in the range of protections for Indigenous rights including social, economic and cultural rights and rights of self-determination. Article 20 addresses the right of women to have equal opportunities in employment and protection from sexual harassment.

This publication reports the findings and recommendations of four seminars held in Malaysia over 1995 and 1996. The book provides information and recommendations on the legal rights of women in Malaysia, the main laws and procedures which discriminate against women, and the difficulties faced by women in the Syariah Court system. Also included is a summary of the Convention on the Elimination of All Forms of Discrimination Against Women highlighting the reservations of the Malaysian government. It is pointed out that as a signatory to this international treaty, the government is legally bound to put the provisions in this convention into practice.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP-CEDAW) was adopted by the UN General Assembly on October 6, 1999 and entered into force December 21, 2000. The Optional Protocol provides for two procedures: 1) a communications procedures that allows women to submit claims of violations of rights potected under the Convention to the Committee on the Elimination of All Forms of Discrimination Against Women; and 2) an inquiry procedure enabling the Committee to initiate inquiries into situations of grave or systematic violations of women's rights. [Descriptors: Applying Human Rights Law - International, CEDAW Convention, Key Texts, International]

The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Child Pornography 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 erradicate these practices and foster international cooperation in brining the perpetrators of these crimes to justice. The preamble of the protocol identifies the girlchild as a group both particularly vulnerable to, and disproportionately affected by, sexual exploitation. Other provisions of the protocol address jurisdictional issues, the 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.

This comprehensive report scrutinizes the effectiveness of strategies currently being employed by Organization of American States (OAS) members in the domestic implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. The report focuses on national policies, social, economic and institutional barriers, and the relative impact of measures taken. Specific areas covered by the report include institutional violence against women; confronting legal, social and cultural conditions that perpetuate violence against women; legislative and administrative frameworks; the obligation of due diligence; access to justice and specialized services for victims: protection of particularly vulnerable groups; trafficking; research and evaluation methods; and international cooperation. The report concludes by stating that while the existence of the Convention has contributed to a growing recognition of the seriousness of the problem, little documented impact on women's conditions has materialized. As a result, the report warns that the legitimate need for patience and perseverance should not be utilized as a guise for complacency. [Descriptors: Key Treaties and Texts, Violence Against Women, International - Latin America, International - North America]

The Optional Protocol to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict was adopted by the UN General Assembly on May 25, 2000 and entered into force on February 12, 2002. The protocol recognizes the heavy burden armed conflict places on children. In particular, it condemns the recruitment of children for combat and calls on states to take all steps possible to bring an end to the practice.

The Montreal Principles, drafted at a meeting of international legal experts, set out the requirements needed to fulfill women's economic, social and cultural rights obligations. The text begins with a discussion of the connections between civil and political and economic, social and cultural rights and the particular implications for women in poverty. The particular elements of women's economic, social and cultural rights are identified with reference to the sources of these rights in international legal instruments. The document also outlines the principles of equality and non-discrimination and barriers to these principles. The articles outlines the role of states in protecting the economic and social rights of women and the implementation of mechanisms and remedies to enforce women's rights.

This statement from by the Committee on the Elimination of All Forms of Discrimination Against Women (the Committee) begins by establishing that gender-based violence against women is a form of discrimination that can seriously inhibit womens ability to enjoy rights and freedoms. The Committee encourages international efforts to establish a legally-binding Arms Trade Treaty (ATT) at the United Nations, as the arms trade is directly linked to gender-based violence against women and proliferation of arms and ammunition perpetuates the violence and abuse women are subjected to during times of conflict. The Committee emphasizes that the main focus of the ATT should be to prevent human suffering caused by the arms trade, especially among vulnerable groups such as women and children.

This brochure is data collected by UNICEF on the topic of female genital mutilation/cutting (FGM/C) as a human rights issue that affects women and girls worldwide. It is intended to provide the increased data needed to measure the progress of the international community, who has made a commitment to take steps to eradicate this problem. The brochure reports an overall decline in the prevalence of FGM/C over the last three decades, though the pace of decline has been uneven amongst countries. The prevalence of FGM/C varies greatly, with the largest number of incidents reported in African nations. The brochure maintains that current progress is insufficient to keep up with population growth, and FGM/C will rise significantly in the next 15 years if trends do not change.

The Charter of the United Nations (also known as the UN Charter) was signed at San Francisco, June 26, 1945 and entered into force October 24, 1945. The Charter is the cornerstone of the United Nations Organization, affirming faith in fundamental human rights, justice and peace. In the human rights context, the Charter also provides the basis for Charter-based (such as the Commission on Human Rights) and Treaty-based (such as the Human Rights Committe) human rights bodies.