OXFORD HUMAN RIGHTS LAW REVIEW

This article analyzes the relationship between French laws passed in 2010, which prohibit the wearing of garments that conceal the face in public spaces, and European human rights laws and values. The author argues that the laws are clearly intended to restrict the wearing of full- face veils by Muslim women. McCrea first looks at the rights that may be infringed by a ban before analyzing the legitimacy of and possible justification for the ban itself. The author finds that a ban cannot be justified solely on the grounds that the veil is offensive because of European

This article examines three cases decided under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP), two of which concerned domestic violence, and the third of which dealt with forced sterilization. The cases illustrate the Committee's position on the obligation of due diligence to prevent and punish violence against women, as well as its position on reproductive choice and admissibility.

Andrew Byrnes & Eleanor Bath, Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the

This article addresses four problematic consequences of framing Islamic dress questions in the language of religious rights under the European Convention on Human Rights. The author argues that the use of Article 9 as a basis for the resolution of hijab issues has produced a number of counterproductive results. These trends include 0ly separating culture and gender, and producing a more docile Muslim woman subject to public scrutiny and moralizing. The article draws on the critical theory of Wendy Brown and post-colonial feminism.

Anastasia Vakulenko, Islamic Dress in Human

This article uses the 2007 case of Evans v United Kingdom (European Court of Human Rights) to analyze human rights provisions in the area of reproductive technologies. Ms. Evans and her then-partner underwent fertility treatments in the course of which they froze some of Ms. Evans' embryos. The case concerned the use of those embryos after the relationship had ended, against Ms. Evans' partner's wishes. The case implicated Articles 2, 8, 12 and 14 of the European Convention on Human Rights, with a particular focus on Article 8, the right to freedom from

This article discusses the discrepancies between the jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ) on gender discrimination. The author finds that the European Convention on Human Rights and the EU primary and secondary legal provisions address gender discrimination differently. The author argues for greater systemization of the two frameworks in order to avoid jeopardizing the legal coherence around gender discrimination. An increased interplay will also function as a method of enhancing

This article examines the case of Mme M, whose application for French nationality was rejected on the basis of her choice to wear a niqab and long cloak. She was informed that the rejection of her claim was based on her conduct being indicative of a radical religious practice, incompatible with essential French values including equality of the sexes. The author argues that liberal secular feminism and official French state ideology converge to promote anti-Muslim political agendas, while, at the same time, helping to solidify an illusion that Western

This article reviews the jurisprudence of European domestic jurisdictions to determine when and whether the right to freedom of religion has been interpreted as a right of religion to internal autonomy. It argues that to fulfill women's equal right to freedom of religion, women's positions and power within religion must be equivalent to men's. The author argues that this requires States to facilitate gender equality within religions as part of their obligation to secure the right to freedom of religion. The article proposes proportionate and appropriate

This article summarizes the expansion of international human rights standards and jurisprudence supporting women's right to abortion. It surveys relevant developments within the United Nations, Inter-American and African human rights frameworks regarding abortion. It addresses contexts in which women's rights to life and health are implicated, such as situations of rape, incest or fetal impairment, as well as abortion based on social and economic reasons and on request. The article also touches on the growing affirmation by international

This article analyses the European Court of Human Rights' 2010 decision in Rantsev v Cyprus and Russia, which demonstrates the Court's willingness to address sex trafficking of women in Europe. This article identifies a key problem in the Court's analysis in Rantsev: its failure to distinguish clearly between trafficking and slavery. As it addresses Article 4 of the European Convention on Human Rights, the Court does not clarify the legal distinctions between types of human exploitation including forced labour, servitude or slavery.

Jean Allain, Rantsev v Cyprus and Russia:

This article examines both the strengths and the weaknesses of the CEDAW committee's decision in Vertido v The Philippines. Vertido is the Committee's leading decision on gender stereotyping. The case concerns the impediment that gender stereotypes can present to securing convictions for rape and sexual assault. The salient points of the case include the Committee's decision to frame the issue as the Philippines' legal liability for stereotyping in a rape trial; and the Committee's application of the obligations to eliminate wrongful gender