Women's Rights Under International Human Rights Treaties: Issues of Rape, Domestic Slavery, Abortion, and Domestic Violence

By analyzing four international human rights cases involving women, this article considers how applying a gendered perspective to constitutional law can improve protection of women's human rights. In MC v Bulgaria, Siliadin v France, Huaman v Peru, and AT v Hungary, international bodies adopted a gendered perspective when considering the application of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the European Convention on Human Rights (ECHR), and the International Covenant on Civil and Political Rights (ICCPR). The authors argue that courts interpreting constitutional law should take into account the specific situation of women by recognizing the positive obligations of the state and applying a dynamic interpretation to protection of rights.