INTERNATIONAL AND COMPARATIVE LAW QUARTERLY

CEDAW and the Security Council : Enhancing Women’s Rights in Conflict

This article examines how the CEDAW Committee and the UN Security Council (UNSC) may operate simultaneously to maximize overall accountability for women’s rights in armed conflict.  Although both institutions have adopted concurrent provisions with respect to women and conflict, the UNSC maintains a security-focus while the CEDAW Committee operates under a feminist rights-based a

Abortion in Northern Ireland and the European Convention on Human Rights : Reflections from the UK Supreme Court

This article critically assesses the decision of the Supreme Court of the United Kingdom (UKSCt) on whether Northern Ireland’s near-total abortion ban was compatible with the European Convention of Human Rights (ECHR) in terms of the UKSCt’s treatment of international law

Women and the Law of Armed Conflict : Why the Silence?

In this article, Judith Gardam argues that the rules of the law of armed conflict which relate to the protection of women fail spectacularly to protect women in times of armed conflict and import a gendered hierarchy, i.e., the rules dealing with women are regarded as less important than the rules dealing with others and their infringement is taken less seriously.

Rape, Torture and the European Convention on Human Rights

In this article, the author examines the legacy of Aydin v Turkey ten years after the European Court of Human Rights' decision. In Aydin v Turkey, the Court held that rape could constitute torture (and did in this case). The author argues that while all rapes should be found to satisfy the minimum threshold for Article 3 on the ground that European societies treat rape as a crime of particular gravity, rape does not per se satisfy the severity of harm criterion for torture. She argues, however, that where the severity of harm criterion is established,

Canadian Guidelines on Women Refugees

Developments in contemporary international refugee law are increasingly recognizing the need for gender sensitivity. The Canadian Guidelines on Women Refugees (1993) is a recognition of this phenomenon. The paper reviews the Convention Relating to the Status of Refugees and its Protocol in order to show how the Guidelines have moved away from gender neutral to gender inclusiveness language. The paper then proceeds to examine the grounds of persecution, the assessment of fear, evidentiary issues, and the impact of the Guidelines beyond Canada.

Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative?

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