International Human Rights Law Concerning Women: Case Notes and Comments

Title: 
International Human Rights Law Concerning Women: Case Notes and Comments
Journal Citation: 
23 VANDERBILT JOURNAL OF TRANSNATIONAL LAW, 779-818 (1990).
This paper addresses the application of international human rights law to women, using cases of alleged discrimination based on sex or marital status, arising under international, regional, and specialized treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). The author assesses the extent to which such discrimination interferes with the right to enjoy private or family life, attain resident status, receive social security, and receive equal protection of the law. Then she reviews other legal instruments that may provide opportunities to apply human rights principles to the advances of women. The author asserts that courts have not yet fully recognized women's human rights, in part due to the entrenched perceptions of women's role in society that may cause courts to view discrimination merely as differential treatment based on an "objective and reasonable criteria". The author urges the expanded use of international, regional, or national fora to ensure that women's actual human rights are consistent with the conception of those rights as expressed in the Universal Declaration of Human Rights (UDHR). [Descriptors: Applying Human Rights Law - International, International]