Women's Human Rights Resources Database

The article consists of an analysis of historical violence against Aboriginal peoples in Australia before narrowing the issue by looking specifically at Aboriginal women. The relationship between Aboriginal women and non-Aboriginal women is explored, highlighting the challenges of addressing Aboriginal women's issues within a white feminist movement. The utility and effectiveness of using non-Aboriginal women's gains and international law to advance Aboriginal women's rights is subsequently reviewed. The author concludes that local efforts must be combined with a global human rights framework in order to adequately protect the rights of Aboriginal women in Australia.

This article looks at the intersection between environmental degradation and violence against indigenous women in extraction zones, focusing on extractive industries in the United States. First, the article traces the history of colonial oppression and cultural genocide imposed upon the American Indigenous population. Then the article presents a series of extraction project case studies. The author critiques current United States law and policy that disregards the ongoing disappearance and murder of Native women. She compares the shortcomings of current United States legal principles to international human rights norms and standards. The author recommends changes to government funding, legislation, and consultation practices with Native communities that better align with international human rights treaties and valorize the rights of Indigenous women. 

This comprehensive article explores the main issues arising in the pursuit of international Indigenous rights. The premise of the author is that the development of Indigenous rights in the international arena is contingent on understanding Indigenous peoples as subjects of international law, with rights and duties, rather than simply objects of international law. The first part of the article presents a thorough overview of the main legal and political issues affecting claims of self-determination. The second section suggests that there is a growing acceptance in international law of the collective identity and distinct rights of Indigenous peoples. The final section of the article describes the main challenges remaining for full recognition of Indigenous peoples' legal personality under international law. This article is relevant to the broad establishment of Indigenous women's rights in international law.

This article discusses how the Mohegan Congregation Church of New England is part of a long Mohegan tradition of strategic cooperation with non-Indians to achieve their own Mohegan goals. Women, the author explains, have always been at the centre of his tradition. In fact, women have a central role in Mohegan culture, having rights in land and leadership. The author suggests that the establishment of this church helped preserve these rights, as well as their Mohegan land and the tribe itself. To do so, the author recounts the legal history of the Mohegan tribe, how conventional records dismiss women’s rights, as well as how the church was a centre for women’s activity and for the recognition of women. 

This article aims to address the scarcity of data concerning Aboriginal women and their risk of contracting HIV, and the gap in public policy and research that fails to account for Indigenous women's pathways into sex work. The statistical research presented in the article examines the experiences of Aboriginal women in Vancouver, BC, Canada in regards to generational sex work involvement, and the independent effect this involvement has on the risk of contracting HIV. The results presented in the article, which indicate that HIV prevalence is higher in Aboriginal women and that Aboriginal women are more likely to experience generational sex work involvement, demonstrate the urgent need for policy change and recognition by Indigenous leaders, governments, and HIV prevention and human rights experts of the particular vulnerabilities Aboriginal women face.

This article employs Sherene Razack’s critical anti-racist feminist theoretical and methodological framework to study the role that prostitution has played in settler colonial domination of Indigenous peoples and lands past and present. Four examples are used to illustrate how prostitution has been used by settler colonial forces to perpetuate violence against Indigenous women and girls as well as justify and erase the presence of this violence in society: Early Settlement in British Columbia, the Indian Act, the Pass System, and Vancouver’s Missing Women. Prostitution is cited as a method used to secure a hierarchical societal structure that places Indigenous women and girls at the bottom through dehumanization and the elimination of self-determination. The ideology that underpins prostitution as a method of colonial domination, racism, and heteropatriarchy is identified as the same ideology that underpins the attitudes that allow this violence to continue, in a lot of cases unpunished. 

This article explores the conflict between Indigenous customary law in the island states of the southwest Pacific and constitutionally enshrined human rights banning gender discrimination. The author argues that while some Pacific island states have ratified or acceded to written frameworks for the protection of gender equality rights through documents such as CEDAW, in practice, South Pacific nations have not upheld their obligations. The author discusses the status of women in South Pacific nations, illustrating the generally patriarchal customary norms in traditional societies. The author uses case law to demonstrate the difficulties women face in South Pacific customary and formal legal systems. The article concludes with suggestions for addressing the gender power imbalance in the court system.

This article discusses programs targeting Indigenous men in the prevention of violence against women, families, and communities within Western Australia. The information presented may be applicable to other Western states such as Canada and the United States. The article discusses crime-prevention programs that target Indigenous men through the right of Indigenous self-determination. The author stresses the importance of implementing Indigenous modes of control and expression through programs that are run by community organizations or are court-mandated for prisoners. The author concludes that in order for these programs to be successful, they must approach crime prevention holistically, involve community Elders, be guided by principle of self-determination, and be comprised of culturally appropriate staff and content.

This article discusses the relationships between international human rights, the state, and indigenous communities. The author considers how the formulation of these relationships affects Indigenous women. She argues that Indigenous rights as implemented by the state and adopted in communities may promote an impoverished form of self- determination. This result impedes the capacity of Indigenous women and girls to determine their political status and control their social and cultural identity. This occurs through a translation of self- determination by the state that undermines gender equality. A reimagining of self- determination in light of the specific contexts of women's lives may more effectively provide self-determination for Indigenous women.

The authors examine the double discrimination faced by many Indigenous women in Quebec stemming from the intersection of Indigeneity and gender. They explain the necessity of using an intersectional approach to understand the experiences of Indigenous women who face multiple systems of oppression simultaneously. This article analyzes three examples of double discrimination created by the Canadian federal and provincial governments: the challenges Indigenous women face when trying to transmit their Indian Status under the Indian Act; the impact of the Quebec provincial youth protection regime on women facing family violence; and the inability of Quebec legislation to protect Indigenous women's rights to matrimonial real property on reserves. All three situations demonstrate systemic discrimination unique to Indigenous women and created by public policy.  

The fundamental issue considered within this article is the intersection of women's rights with self-determination and the impact of Canadian legislation upon the empowerment of Indigenous women. The article undertakes a systematic analysis of state policy relating to gender relationships. There is a historical review of relevant Canadian legislation, primarily focused on the Indian Act and its impact upon Indigenous women's rights. The article also reviews the social consequences of Bill C-31 for Indigenous women. In conclusion, the article notes that many of these issues stem from the debate and conflict over Indigenous self-determination in Canada and advocates a recognition that self-determination does not constitute automatic protection of women's rights.

This article begins with a review of the value of using law and legal systems to improve women's status. The second section examines issues involved in developing the human rights construct in domestic legal systems. These issues include establishing the principle of nondiscrimination, using nationally based definitions of human rights, invoking constitutional human rights norms, and referring to international instruments and legal developments in other countries. In the final section of the paper, the author presents three strategies for using human rights norms in national legal systems: using the courts, addressing other branches of government, and developing the women's rights construct through applied research. In elaborating on these strategies, the author gives examples from African countries, including cases from Botswana, Tanzania, and Kenya, law reform examples from Zimbabwe. Several of these examples deal with African Indigenous women accessing their rights.

The author provides a historic account of the erosion of the status and equality of Indigenous women throughout the processes of colonization and assimilation which imposed patriarchal ideals on First Nations. The article then discusses the importance of human rights frameworks to Indigenous political advocacy and the inadequacy of either feminist or Indigenous human rights frameworks to accommodate Indigenous women who exist in the intersection of both identities.  In response, Indigenous women use intersectional human rights to accommodate both simultaneous identities. The article discusses the many ways that this framework has played out both in Canada and on an international stage as well the conflict between Indigenous women’s advocacy and Indigenous leadership. 

This article examines the assertion that Aboriginal self-government could limit the individual rights of Aboriginal women in Canada. The authors argue that these concerns are legitimate given the historical discrimination experienced by Aboriginal women. The article begins with a historical perspective and moves to examine the potential impact of the Canadian Charter of Rights and Freedoms upon Aboriginal women's rights. The article concludes that the rights of individual Aboriginal women need to be recognized and protected within any developments concerning Aboriginal self-government. [Descriptors: Indigenous Women, Canada]

This paper discusses the multiple ways in which Indigenous women experience discrimination. In the public sphere, this may occur through practices and policies that discriminate against and undermine the values of Indigenous women. In the private sphere, indigenous women face potentially life- threatening discrimination. The author considers possible solutions to these forms of discrimination. Specifically, the paper contemplates CEDAW and the Optional Protocol as possible means for Indigenous women to address rights violations and engages in an examination of international case law. In the alternative, the author contemplates the value of addressing discrimination within the community and posits that potential solutions may come from a process that includes men and the larger community.

This article examines residual sex discrimination in the Canadian Indian Act after the implementation of Bill C-31 to amend the Act. The author examines the continuation of Indian status between generations and how Indigenous women continue to be disadvantaged by these rules. The article begins with a review of challenges to the Indian Act before the enactment of the Canadian Charter of Rights and Freedoms. The author then moves to discuss the conflict between individual and collective rights which arises in these debates of Indigenous rights. The second part of the article examines the potential constitutional remedies should these specific elements of the Indian Act be found in violation of the Charter. [Descriptors: Indigenous Women, Canada]

The focus of this article is on the legal designation of Indigenous peoples, and the rights that this designation invokes. This definitional debate is considered within the context of groups in Asia who are denied recognition by the state and are seeking designation as Indigenous peoples. The article presents an overview of the international definitions of Indigenous peoples, as well as the ways in which various Indigenous peoples have defined themselves. In understanding these varying definitions, the history of colonialism is presented as well as the resulting attitudes towards Indigenous peoples in states dominated by European settlers. A detailed analysis of this history is reviewed for the Philippines, Japan, Malaysia, Thailand, Taiwan and Bangladesh. Also presented is an overview of the international norms that have arisen in relation to Indigenous peoples, as well as the international institutions that impact upon First Nations peoples. This discussion holds particular relevance for Indigenous women in Asia.

This article uses international human rights norms to address the social and environmental risks that extractive industries pose to Indigenous communities and, particularly, Indigenous women. As resource extraction projects increase across Northern Canada, Indigenous women are found to be uniquely vulnerable to the economic, social, and physical risks of the industry. The article asserts that modern international human rights frameworks relating to Indigenous women and resource extraction are not adequately implemented into extraction related domestic law and policy. Furthermore, the authors point out that the Canadian government’s constitutional duty to negotiate in good faith has yet to give rise to jurisprudence on Indigenous women’s land and resource development rights. The article urges the Canadian government to adopt a rights-based approach to resource extraction. A rights-based approach to extractive industry activities will address the gendered dimension of resource development, as well as reconciliation more broadly, by invoking consultation obligations and international human rights processes to reduce health and safety risks. 

This article examines the correlation between self-determination of indigenous peoples and indigenous womens rights. In particular, the article focuses on the current failure to prevent violence against women and argues that the justice system and other institutions are ineffective in this endeavour. Noting the importance of the international human rights framework in addressing violence against women, the article argues that human rights law relating to self-determination should be conceived as a collective human right rather than a right of sovereign states. The article argues for a distinction between targeted forms of violence used against indigenous women and the gendered effects of violence against indigenous communities as a whole. Ultimately, the article contends that indigenous self- determination is not possible without first addressing violations of womens human rights. Rauna Kuokkanen, "Self-Determination and Indigenous Womens Rights at the Intersection of International Human Rights" (2012) 34:1 Hum Rts Q 225.

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. 

The primary purpose of this article is to present an overview of the experiences of Indigenous women with customary law. The existence of legal pluralism in colonized states impacts upon Indigenous women, especially in the African context. After examining the development of customary law, the author reports on how African women are using this customary law to access their rights. The article also recounts the struggle for legal reform that is occurring in several African states.

This paper discusses the treatment of Aboriginal women in the Correctional Services of Canada (CSC) within an international human rights context. The author posits that the discriminatory treatment of Aboriginal women in Canadian federal prisons amounts to a breach of CEDAW. The paper investigates the sexist and racist treatment of Aboriginal women in this context, drawing on research and factual reports. The author argues that the Canadian government ignores these rights violations despite numerous studies and inquiries. The author addresses the possibility of raising this issue to the international stage through use of CEDAW. In employing CEDAW, the author cautions that equality rights cannot be understood as wholly divorced from other forms of discrimination, including sexual orientation, disability, and class.

This article is a review of the legal challenges over Aboriginal women's rights brought under the Canadian Bill of Rights, the Canadian Charter of Rights and Freedoms and international human rights law. The author argues that although success has been limited in these litigation claims, the cases are still an essential element of the effort to enforce Aboriginal women's rights in Canada. The article examines specific cases concerning the loss of Indian status, matrimonial property, and rights to participate in decision-making. The author emphasizes the importance of protecting economic and social rights as well as civil and political rights and draws connections between the denial of rights and the poverty experienced by many Aboriginal women. [Descriptors: Indigenous Women, Canada]

This article addresses the marginalization and discrimination faced by Indigenous women worldwide. The author argues that the human rights of Indigenous women, including the right to live free from violence, the right to self-determination, and the right to own property, are frequently violated in Canada and abroad. The piece addresses these issues within a human rights framework and considers the treatment of human rights under various international conventions. The author outlines key international instruments and concludes that to successfully combat human rights violations faced by Aboriginal women today, advocates must address problems on a local, national, and international level.