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Author : Ineke Boerefijn Publisher : Intersentia nv Page : 272 pages File Size : 40,7 Mb Release : 2003 Category : Convention on the Elimination of All Forms of Discrimination against Women ISBN : 9789050953597
Revised papers en comments that were presented at the meeting organised in Maastricht, in October 2002. The aim of the meeting was threefold: to provide input for the CEDAW Committee; stimulate the legal debate on the issue of temporary measures; and contribute towards the promotion of positive action measures in the Netherlands.
Author : Asian Development Bank Publisher : Asian Development Bank Page : 45 pages File Size : 55,6 Mb Release : 2012-06-01 Category : Business & Economics ISBN : 9789290927471
Guidance Note: Gender and Law by Asian Development Bank Pdf
Nearly all developing member countries (DMCs) of the Asian Development Bank (ADB) have adopted laws and policies to promote gender equality. However, there is often a reluctance to operationalize these, and/or a lack of knowledge of the appropriate mechanisms. This publication presents a case for the use of temporary special measures as a mechanism to correct gender imbalances and accelerate progress toward gender equality goals. Temporary special measures are a set of proactive measures that include gender-inclusive design features, quotas, and targets in ADB projects. This note is designed to increase understanding of the legal obligations of DMCs to achieve gender equality, and what this means for designing and implementing ADB projects.
Economic, Social, and Cultural Rights in International Law by Eibe Riedel,Gilles Giacca,Christophe Golay Pdf
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.
The author introduces the concept of economic woman and makes her visible in duality with and opposition to the exclusive model of economic man. Economic man has epitomized neo-liberal capitalism, which embraces competition and maximization of profit, resulting in a steep increase in economic inequality. The book demonstrates that women’s inequality is a crucial factor in economic inequality, which cannot be fully understood without relating to women’s situation, and that economic woman cannot thrive in the conditions of economic inequality created under global neo-liberalism. Emphasising the international human rights guarantees of women’s right to equality in all fields of life, the author documents woman’s increased participation in political, public, financial and corporate institutions, employment and entrepreneurship, with some women reaching high profile positions. Nevertheless, using global data, she reveals that economic woman lags behind, with a severe economic power deficit, an unfulfilled promise of equal employment opportunity, a gendered impact of poverty and barriers to gender equality in the family. The book analyses the trap of women’s increased burden of breadwinning in the context of discriminatory laws and practices, infrastructural failures and policy gaps, which preempt achievement of gender equality in economic life. The book is intended for the general reader, academics, students, policy makers and NGOs. It shows economic woman at a global crossroads between a universal paradigm of gender equality and pervasive barriers to equal economic opportunity. The author demonstrates that tackling gender inequality, restoring welfare priorities and reducing economic inequality are inextricably linked. Human rights and governments have a vital role to play in addressing them all, to create a sustainable economic infrastructure for the lives of women and men.
Economic, Social and Cultural Rights in International Law by Manisuli Ssenyonjo Pdf
Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.
Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies by Wouter Vandenhole Pdf
As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).
Beyond Systemic Discrimination by Päivi Gynther Pdf
This book presents an analysis of international law in support of educationally disadvantaged young people and adults. Focusing on Roma, it introduces a scheme for identifying situations where they become subjected to discrimination by state parties to relevant international standards.
Achieving de facto gender equality in land, forest and fisheries tenure by Kenney, N. Pdf
This legal paper first considers the obligations of states in relation to gender equality and the adoption of temporary special measures, and the work of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee in clarifying and expanding the concept of temporary special measures. In particular, it shows how the General Recommendations of the Committee have established a clear link between temporary special measures and the achievement of gender equality in the ownership and control of natural resources. It explores a range of national approaches to the use of temporary special measures in legislation, from constitutional recognition, the adoption of framework laws on gender equality and non-discrimination, to their integration into sectoral legislation applicable to land, forests and fisheries. The section highlights some of the measures that countries have adopted to show how their inclusion into sectoral legislation can effectively target de facto inequalities in tenure rights over some key economic resources. It discusses state compliance with CEDAW’s Articles 3 and 4 and shows that generally, countries should make more systematic use of this tool to bridge the gender gap in land, forest and fisheries tenure. Finally, it considers the role of development partners in supporting the adoption of temporary special measures, including through data collection.
Women's Health in the Majority World by Laurie Elit Pdf
This is an innovative text using didactic information and case studies to address those issues that affect most of the world's women. The first half of the book focuses on health issues that specifically affect women such as maternal mortality, fistulas, and cervical cancer. The second part of the book discusses how agencies such as governments, non-governmental organisations, and professional societies can partner and improve standards for women. By affecting the status of women, the whole family and community ultimately benefit.
Ethics and Human Rights in a Globalized World by Klaus Hoffmann-Holland Pdf
In a globalized world, an interdisciplinary dialogue on ethics and human rights is possible, necessary and fruitful for jurisprudence. Human rights can be understood as formalized ethics, and ethics can thus serve as a foundation for human rights. They are the framework for a communication of rights, and this communication is the context in which wrongs can be transformed into rights. Ethics do however also shape existing (recognized) human rights. Human rights are ethics in action. The enforcement of human rights, especially in international criminal law, as well as the implementation structures bring the ideas and principles of rights to life in a globalized world. Thus it is advisable to take an interdisciplinary approach to participation rights, social rights and human rights in general, in private and in public life.This work contains articles that were presented at an international and interdisciplinary conference on Ethics and Human Rights in a Globalized World in Jerusalem in the fall of 2008. Young researchers from Israel and Germany, who work in the fields of law, philosophy, political science and theology, deal with the foundation of human rights, the conflict between varying human rights and effective implementation structures. The part played by the World Bank in implementing human rights is highlighted, as is the significance of local cultural backgrounds. Other articles deal with the correlation of international criminal law and human rights. The book also contains an article by Aharon Barak, former Chief Justice of the Israel Supreme Court.
Netherlands Yearbook of International Law 2014 by Mónika Ambrus,Ramses A. Wessel Pdf
The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the ‘problem’ that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?
The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol by Patricia Schulz,Ruth Halperin-Kaddari,Beate Rudolf,Marsha A. Freeman Pdf
This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
The International Convention on the Elimination of All Forms of Racial Discrimination by Patrick Thornberry Pdf
This Oxford Commentary is the first comprehensive article-by-article analysis of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. It discusses the conceptual and instrumental framework of the Convention and the CERD Committee, and addresses some of the critical challenges confronting the Convention.
International Human Rights Law by Olivier De Schutter Pdf
How do you keep students motivated when their perception of a subject conflicts with the reality of its academic study? International human rights law, unquestionably an exciting field, is also complex and demanding. In his breakthrough textbook, De Schutter focuses on international human rights law as global legal system, rather than as a collection of different (though related) rights, giving it relevance and immediacy. Drawing on cases and materials from a wide range of sources, it shows how human rights law is used as a tool to address contemporary issues such as counter-terrorism, global poverty and religious diversity. Materials are organised thematically, allowing readers to make comparisons and connections between different legal treaties and systems. Students can also easily assess how human rights are protected under domestic and international laws. The law is placed in context throughout, ensuring full understanding of why laws exist and how they work.
