Elimination Of Discrimination Research Articles

Queering CEDAW? Sexual orientation, gender identity and expression and sex characteristics (SOGIESC) in international human rights law

ABSTRACT In 2020 the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) found for the first time that a state had breached its obligations to prevent discrimination against women in the case of a lesbian couple subjected to a homophobic hate crime. No international human rights treaty specifically prohibits discrimination on the basis of sexual orientation, gender identity and expression, or sex characteristics (SOGIESC). The UN treaty bodies are developing a jurisprudence on the basis of such claims, with claimants sometimes forced to argue that they were discriminated against on the basis of ‘other status’. This article situates the CEDAW Committee's Views in ON and DP v Russian Federation in the context of attempts to queer international law, and international human rights law in particular. It analyses the costs and benefits of three strategies aimed at queering international human rights law: equality/universalism, special rights/a SOGIESC treaty; and queering CEDAW. The article aims to evaluate the significance of the first decision finding for the complainants on the basis of intersectional sexuality discrimination under CEDAW and to assess whether this amounts to queering CEDAW.

L’OIT, les normes et l’histoire

Cette contribution retrace l’histoire de l’Organisation internationale du Travail (OIT), aujourd’hui une agence spécialisée de l’ONU, à travers son activité principale : l’élaboration, l’adoption et l’application des normes internationales du travail. L’OIT est une organisation tripartite où les normes internationales du travail sont négociées entre les représentants des gouvernements, des travailleurs et des employeurs. L’article analyse les débuts d’une législation internationale du travail au XIX e siècle, le contexte spécifique de la création de l’OIT comme institution tripartite en 1919 et l’impact qu’ont eu sur son action normative le paradigme des droits de l’homme, la guerre froide, la décolonisation et, finalement, la mondialisation sous les auspices du néo-libéralisme. Les conséquences sociales, économiques et politiques de cette dernière ont contribué à déclencher une crise profonde de l’action normative qui se traduit notamment par une difficulté croissante des constituants de l’OIT à négocier des compromis.

The Distance Between Us: Sexual and Reproductive Health Rights of Rural Women and Girls

Geography impacts the realization of sexual and reproductive health rights. The unspoken assumption is that rural life mirrors the characteristics of urban life and that geography plays little role in the enjoyment of human rights. But differences between urban and rural settings make a crucial difference to how rights materialize in rural life. In human rights law, little attention is given to how the rural-urban divide affects the realization of sexual and reproductive health rights of women and girls. The neglect of rurality is unwarranted. It is a meaningful, often lynch-pin, explanatory factor for rural girls and women’s lack of access to sexual and reproductive health rights. An exception to this overall global trend is the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW is unique among United Nations (UN) treaties in that art. 14 protects the equal rights of rural women in various fields of life. The analysis in this chapter, however, pays attention to how gender and rurality interact with other more well recognized inter-sectional identities. It explores how the Committee on the Elimination of Discrimination Against Women (CEDAW Committee), the body tasked with monitoring the implementation of CEDAW, has developed the treaty in relation to rural women and girls’ sexual and reproductive health rights. The analysis in this chapter serves as a call for action to conceptualizing rurality as an identity characteristic under an inter-sectional human rights framework and a springboard for deeper engagement with the difference rurality makes to all human rights in both international and domestic human rights law.

PROTECTION OF WOMEN’S RIGHTS IN THE ERA OF GLOBALIZATION TO MAINTAIN NATION’S VALUE AND DIGNITY

In the conception of a state of law, the existence of Human Rights (HAM) becomes the most basic thing so it needs to be regulated in a written legal regulation by the state. Human rights regulated by a state does not mean that the state limits or curbs the human rights owned by the people, but the state regulates the values contained in these human rights so that violations do not occur. Indonesia as a democratic country upholds the protection of human rights as an ideal to be achieved. Likewise towards the rights owned by women in the era of globalization like now. The elimination of discrimination against women so as to have equality with men is also a commitment of the state and the people to implement and realize it in order to maintain the nation's value and dignity.

‘How are you actually doing, ladies?’ Indicators of gender equality through the lens of the UN Committee on the Elimination of Discrimination against Women

ABSTRACT International bodies increasingly use state-generated indicators to monitor states’ compliance with international human rights law, particularly gender equality. Among these, the UN Committee on the Elimination of Discrimination against Women (Committee) encourages states to develop nationally generated gender indicators under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This article examines the legal framework of gender indicators and assesses some limitations as to intersectionality, gender stereotyping and gender-based violence. Indicators constitute a central instrument to CEDAW-based reporting processes. Yet, the Committee should take seriously such challenges for the measurement not to overlook women’s real-life experiences.

Achieving Gender Equality through Understanding; Rethinking and Rebuilding Peace

Now days, many international organizations are working to achieve the gender equality among society. However, for all the progress that has been made, the elimination of discrimination against women has not been achieved. This article discuss about the indicators in measuring gender equality which are employment, cell phone use, financial inclusion, parliamentary representation, son bias, discriminatory norms, intimate partner violence, community safety and organized violence. Another important discussion is men’s participation and the awareness of society about gender equality as a huge challenge to achieve gender equality, where gender equality has persistently been seen as a ‘women’s issue. This article also argues about cultures and gender equality. In some countries (Egypt and India for example) the cultures shaped the society and the laws based on culture are stronger than the government policies. The last one the relation between family, education, and gender equality.

Justice and Civil Liberties on Sex Work in Contemporary International Human Rights Law

To fulfil obligations in international law State parties have to take the issue of human trafficking seriously. The United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) provides General Recommendations (GR) to member states on the interpretation of the Women’s Convention. In 2018 the CEDAW Committee started to develop a GR on trafficking in women and girls in a process planned to conclude in 2020. The first stage towards this was through the publication of a Concept Note to serve as a basis for dialogue during the two-year international consultation period. The Concept Note is a vital link in a textual chain because it frames the policy problem and actively constructs its own ‘documentary reality’. This article provides a critical analysis of the CEDAW Concept Note on the grounds that such analysis provides an understanding of its discursive construction of trafficking, migrant labour and sex work, by an institution responsible for international jurisprudence on human rights. Analysis of the Concept Note explores the documentary constructions including narratives that merge adult women with girls, the symbolism of exploitation, the silencing of scientific research, the elision of sex worker voices, and sex work as work. The analysis leads us to conclude that the General Recommendation should define what counts as ‘exploitation’, and ‘forced labour’, and address the growing international recognition of best evidence on the wider impact of sex work laws, in order that legal framing and constructions of sex trafficking are not erroneously used to curtail rights of sex workers.

LES PROTECTIONS DU DROIT À LA REPRODUCTION DES FEMMES EN SITUATION DE HANDICAP EN DROIT INTERNATIONAL: LES ÉCUEILS DE LEURS MISES EN APPLICATION: Portrait croisé des États-Unis et du droit international

This article focuses on forced sterilization of women living with a disability. Going back to the start of the 20th Century in the United States, the evolution of this violation will be traced back to this day. From the eugenics school of thought to the women’s liberation movement, the emphasis will be put on the women ignored for each period. Parallels will then be traced between the evolution of mentalities and of civil society in relation to the rights of persons living with disabilities, more specifically women, and the development of international law and two international legal instruments, which are the Convention on the Elimination of Discrimination against Women(CEDAW) and the Convention on the Rights of Persons with Disabilities(CRPD). From a first convention on the protection of women’s rights that is rather conservative, to the broader work of the said Convention’s Committee, the article will also look at the major progress for the rights of women living with a handicap within the CRPD. It is now up to States, such as the Unites States, to adopt their principles.

ORGANISATIONAL AND LEGAL FRAMEWORK FOR THE UN’s ACTIVITY CONCERNING HUMAN RIGHTS EDUCATION

The article focuses on the foundation and development of the universal legal basis of human rights education, which is an essential part of general education as an integral part of human rights. The provisions of general international legal instruments guaranteeing the right to education are analysed, in particular: the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Rights of the Child of 1989. Special attention is paid to the provisions of specialized acts on the regulation of education. In particular, the provisions of the Convention on the Elimination of Discrimination in Education of 1960, adopted by the UN Educational, Scientific and Cultural Organization (UNESCO), which defines the main components of the right to education, clarifies the term “discrimination” in the field of education, and state parties’ obligations to eliminate or prevent discrimination. The provisions of universal acts adopted within the World Conference on Human Rights, the World Education Forum are disclosed, in particular: the Vienna Declaration and the Action Plan, the World Declaration on Education for All and the basic framework for action to meet basic educational needs, the Dakar Framework for Action, education for everyone: fulfilling our collective commitments, the World Program in Education, the UN Declaration on Human Rights Education and Training, Education 2030 – Incheon Declaration – Towards inclusive and equitable quality education and lifelong learning for all and others. Emphasis is placed on the activity of the High Commissioner for Human Rights and his / her chairmanship (OHCHR) on the development of human rights education. The focus is on the practical component of UNESCO’s activity in this area. Programs that operate under the auspices of a specialized institution are characterized by: a program to prevent violent extremism through education, education about the Holocaust and genocide, the importance of language in education, the rule of law through education. It focuses on the functioning of the United Nations Relief and Works Agency (UNRWA), which aims to assist Palestinian refugees in providing access to quality education. Relevant conclusions are made.

THE RIGHT OF ELDERLY PEOPLE TO HEALTH – THE CHALLENGES OF TODAY

Introduction. The article is devoted to the topical issues in the area of ensuring the right of the older persons to health, taking into account modern realities. In particular, it focuses on the existing problematic aspects through the prism of the right to decent treatment and autonomy. The issue of abuse of the elderly, which negatively affects their physical and mental health and providing palliative care, which helps to improve the quality of life of patients with diseases that limit life expectancy have been analyzed; it focuses on the problem of dementia, which is one of the leading causes of disability and dependence among older people around the world; given the fact that older people are at high risk during COVID-19, the focus is on protecting this category of people during a pandemic. The main results of the study. An analysis of the existing legal framework for cooperation between states to overcome the negative trends in the provision of health care to the elderly, in particular: the Toronto Declaration on the Global Prevention of Elder Abuse, the Council of Europe Convention on preventing and combating violence against women and domestic violence, the European Social Charter (revised), the Inter-American Convention on Protecting the Human Rights of Older Persons, the Global action plan on the public health response to dementia 2017-2025, the “Towards a Dementia Plan” Guide , World Health Organization Guidelines for Reducing the Risk of Cognitive Function and Dementia. In addition, attention is paid to the recommendations of the main bodies of international intergovernmental organizations, in particular the Committee of Ministers of the Council of Europe, and international treaty bodies in this field - the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination against Women (General recommendation № 24, General recommendation № 27) etc. Relevant conclusions and recommendations have been made. Conclusions. It should be noted that the existing tendency of the population to age is a reality of today and encourages society to seek new ways of life in these circumstances. Aging is no longer seen as a problem, but rather as a challenge and an opportunity for society to respond and take timely adaptation measures. The international community is making significant efforts to create a legal framework, develop standards, and develop international cooperation to ensure a decent old age for the elderly. The task for governments is to implement international norms into national legislation and to optimize national measures in this area. The field of healthcare for the older persons is the most sensitive, as it is a question of a decent standard of living, so it needs a balanced strategy, which should include: disease prevention (diagnosis, medical care, etc.); development, improvement, introduction of an affordable and inexpensive system of long-term care with the involvement of the elderly themselves in this work and training of specialists who will work in this field; training of persons who informally care for the elderly; regular independent monitoring of long-term care services, based on clear principles and rights that older people can exercise on their own; giving preference to home care; creation of appropriate services to provide advice, psychological, legal assistance to the elderly. It is also important for society to be aware of aging in order to understand the problems and not to cause repeated psychological trauma to the older persons so they don’t feel like a “burden” for society, rather than full members.

СУЧАСНІ ПІДХОДИ ДО ЗАБЕЗПЕЧЕННЯ ҐЕНДЕРНОГО БАЛАНСУ ПІД ЧАС РЕАЛІЗІЦІЇ ПРАВА НА ПРАЦЮ

The purpose of this article is to analyze the challenges in complying with principles of gender balance in the exercise of the right to work in the framework of international gender standards adopted by Ukraine. Given current development stage of Ukrainian society along with issues of economic stabilization, it is equally important to ensure Ukraine's transition to sustainable social development, which in turn requires public policy making with due regard given to gender component, i.e., evaluation of public policy strategy in terms of gender equality. Shaping and improving public's understanding of the objectives of state policy in the field of gender equality contributes to achieving Global Sustainable Development Goals proclaimed by the UN and supported by Ukraine in accordance with the Decree of the President of Ukraine "On Sustainable Development Goals until 2030". National Action Plan for the Implementing Recommendations Set Out in the Final Observations of UN Committee on the Elimination of Discrimination against Women to the Eighth Periodic Report of Ukraine on the Implementation of the Convention on the Elimination of All Forms of Discrimination against Women for 2021 was approved. According to Global Report of the World Economic Forum, in 2019 Ukraine ranked 59th (out of 153 countries) as to gender gap index. Education and health indicators are high, but political involvement and economic opportunities are declining. Manifestations of inequality, gender discrimination and violence are present in public life - these are gender stereotypes that are often played down in Ukrainian society, which is a negative trend. Along with having strong women's movement and women's organizations in Ukraine, it is necessary to recognize insufficient number of organizations focusing on protection of men's rights, which may be a consequence of de facto absence public discussions about discrimination against men. In view of the above, it should be noted that achieving gender balance is not only an international legal obligation, it is also necessary to achieve the goals of national development of our state. Implementation of basic principles of gender issues is a fundamental factor in protecting labor rights as well as the basis for building a safer society and strengthening the rule of law. Based on the results of the analysis, a number of respective measures aimed at ensuring gender balance in Ukraine were identified. The norms of the current legislation, the ILO Convention and EU anti-discrimination directives related to gender issues are analyzed. Indicators of gender inequality in Ukraine were studied in accordance with UN and the State Statistics Committee data.

El feminismo de la gobernanza en la CEDAW: la cuestión sobre el trabajo sexual y la prostitución*

Resumen A partir del debate sobre el feminismo de la gobernanza, este artículo investiga las recomendaciones generales del Comité de la Convención sobre la Eliminación de Todas las Formas de Discriminación contra la Mujer (CEDAW) y las observaciones finales de los informes de los Estados parte presentadas ante el mismo. El objetivo consiste en analizar el enfoque que este órgano ha incorporado para abordar la comercialización del sexo desde una perspectiva crítica. En este sentido, se encuentra que el Comité de la CEDAW ha promovido un enfoque de descriminalización parcial o abolicionista que pretende penalizar a aquellos que participen en el comercio sexual, salvo a la mujer en prostitución, la cual es considerada primordialmente como una víctima. Así, el artículo provee hallazgos empíricos que permiten entender las aproximaciones a la sexualidad que predominan en la regulación y organismos internacionales y sus posibles implicaciones para el feminismo de la gobernanza.

A COMMENTARY ON THE SUPREME COURT’S JUDGMENT OF 17 JULY 2018 (STS 1263/2018) AND ITS SUPPOSED IMPACT FOR A LEGALLY BINDING VALUE OF THE DECISIONS ADOPTED BY THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW)

The present commentary analyses the Judgment of the Spanish Supreme Court of 17 July 2018. This judgment given by its Contentious-Administrative Chamber is thoroughly considered along the commentary, explaining the factual and procedural background of Angela Gonzalez’s claim consisting of the request of a compensation for the dramatic murder of her daughter by her ex-partner in a gender-violence context. Accordingly, after the exhaustion of local remedies, the appellant cleverly brought her claim before the Committee on the Elimination of Discrimination against Women, which adopted a decision recommending Spain to indemnify her for the damages suffered. Subsequently, on the basis of this favorable decision, the appellant sought a compensation for the State liability due to an abnormal functioning of the Administration of Justice, whose denial was appealed before the Supreme Court. Finally, the Supreme Court considered the CEDAW’s decision as a “valid premise” to file a request of State liability and notably declared such decision as “legally binding/obligatory” for Spain, although the CEDAW’s decisions have not that nature according to its Convention and Optional Protocol. As a result, the Supreme Court adjudged an economic reparation for the claimant and affirmed that Spain breached its international obligations. In brief, the commentary concludes with some reflections on the future implications that this arguable judgment of the Supreme Court may entail in relation to the international obligations of the State and the domestic enforcement of the decisions adopted by the CEDAW and by other UN treaty bodies analogously.

Chinese Legal Professionals and Transformation of Gender Roles. A Case Study

Gender equality is a part of global policy, as specified for instance in The UN Convention on the Elimination of Discrimination against Women. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitor the implementation of the convention. China has reported her initiatives to advance the rights of women to CEDAW. However, China studies indicate that there is a link missing between traditional Chinese values rooted in Confucianism on the one hand and Marxist political policy on the other. This deficiency could be a barrier to gender equality. Inspired by classical feminist theory and sociology of law, the article explores how members of the legal profession in a Chinese provincial city function when they deal with gender roles. The article builds on a small sample of qualitative data. It concludes that legal professionals may seek to get an effect on the construction of gender roles and equality for women. In their professional work, they have a potential for forging a link between Marxist modernization and commercialization on the one hand and traditional values on the other. Their function may depend on their individual awareness of their role, their support of gender equality, and their position vis-à-vis the state and party.

Silencing women in the digital age

In this paper I explore some of the ways in which developments in new digital technologies reproduce, and often amplify, the patriarchal structures, practices and culture of contemporary life and, in doing so, operate to silence women through exclusion and through violence. I consider how international human rights law – most notably the Convention on the Elimination of Discrimination Against Women (CEDAW) – can be harnessed to counter both forms of silencing in that each is rooted in gender-based discrimination. The digital gender divide and the rise in online violence against women evidences the failure on the part of States Parties to fully commit to their legal obligations pursuant to CEDAW. Ensuring equality of access to, and use of, digital technologies cannot be anything other than the preconditions to ensuring that women can benefit from, contribute to, and influence the development of digital technologies in a meaningful manner. The digital realm may be a privatised public space that warrants a reconceptualisation of the scope and content of human rights law but the fact that much of the digital infrastructure is owned and controlled by private actors does not absolve States of their human rights responsibilities.

Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms

AbstractThe United Nations (UN) human rights treaty bodies play an important role in defining the scope and the nature of non-citizens’ rights. This article offers a critical overview of the UN human rights case law from 2008 to 2018 pertaining to non-citizens — notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported — in Canada. It examines the jurisprudence of the three UN human rights treaty bodies recognized by Canada as having competence to receive and consider individual complaints — namely, the UN Human Rights Committee, the Committee against Torture, and the Committee on the Elimination of Discrimination against Women. The purpose of this examination is two-fold. First, it intends to foster a better understanding of the cases lodged by non-citizens before the UN human rights treaty bodies. The second aim is to explore the substantive issues that the UN committees’ jurisprudence on non-citizens reveals about Canada’s immigration decision-making and enforcement. It is argued that some groups of non-citizens in Canada are at risk of being deported to persecution or hardship in violation of the non-refoulement principle and Canada’s international human rights obligations. The article illuminates several loopholes identified by the UN treaty bodies in Canada’s immigration and refugee protection system that heighten the risk of refoulement.

Evolution and Development of Industrial Jurisprudence in India

Industrial jurisprudence is an ideology to study the perspective and perception of those legislators who give the shape to be a labour legislation for governing the relation of workmen and employers. It is correctly said by Mahatma Ganghi that industry is the joint venture of workmen and employers. In the Hospital Mazdoor Sabha1 case the triple test theory introduced and it was reiterated and set up in the case of Banglore Water Supply2. In both cases the cooperation of workmen is made essential part to be any industry. The industrial jurisprudence provides the thinking to make the labour laws accordingly. When the laissez faire theory wiped out and placed the welfare state, workers has become the integral part of any industry. With this view the state made the labour legislation for governing the relation of workmen and employers. It has been felt by most of the country of world that there must be apply tripartism; it means state will interfere with the labour regulations to settle the both relations. For this purpose state made the various laws, which are existed. In June 1998the International Conference proposed the fundamental labour policy for the World. Certain points of hose policy are existed in Indian labour jurisprudence. First, freedom of association, second, right to collective bargaining, third, elimination of all forms of forced or compulsory labour, fourth abolition of child labour and fifth, elimination of discrimination in respect of employment and occupation. Industrial jurisprudence is more dynamic for industrial governance. With this ideology, the State utilizes the modus operandi accordance with the need of regulation for harmonious relation between employers and employees. When the Constitution of India commenced the concept of social justice gave the pace to the welfare labour legislation. The outcome of concept, the social assurance and social assistance are also prevalent with the ideology of social justice. It is the spirit of the Constitution. Now, it is being expected that there will be dynamic change in industrial jurisprudence by introducing the new economic policy for the upliftment of industry as well as labours. It not need to be panic the new exit policy will destroy the fundamental rights of the workers.

Ensuring gender equality as a goal of sustainable development (case of Latin America)

Sustainable development of any country involves the effective use of the intellectual and economic potential of all its citizens, men and women. That is why the achievement of gender symmetry is one of the priority tasks for the world community. There is an impressive body of norms, standards and principles related to the problems of gender equality, which the UN defends in the world. The author analyzes the impact of these documents and the activities of international organizations on the development and implementation of gender policy inLatin America. The paper examines specialized national mechanisms and plans for the promotion of women’s rights and the elimination of discrimination, etc. Such an analysis provides a very broad picture of the results achieved, as well as the problems and contradictions that Latin American society faces today in integrating women into the process of socioeconomic development.

NHRI Engagement with UN Human Rights Treaty Bodies: A Goal-based Approach

ABSTRACTUN Human Rights Treaty Bodies (TBs) are a central pillar of the international human rights system, essential in their independent, quasi-judicial monitoring of State Parties’ respect for and implementation of ratified UN human rights treaties. National Human Rights Institutions (NHRIs) function in a similarly independent and quasi-judicial manner and are today recognised as crucial components of a functioning National Human Rights System. The 2020 UN Human Rights TB Review presents an opportunity to analyse current challenges inherent to the domestic institutionalisation processes specific to NHRI engagement, considers variances amongst different TB procedures and develops innovative proposals and solutions. Although exploring the effectiveness of TB–NHRI engagement presents inherent difficulties, this article proposes such evaluation against the backdrop of a goal-based approach to organisational effectiveness. This approach may facilitate the development of a framework for understanding the relations between TBs and key stakeholders, such as NHRIs. In other words, by identifying the key generic goals of these two quasi-judicial bodies – monitoring norm-compliance, regime support, and legitimisation – this paper attempts to systematise the interaction between NHRIs and two specific TBs, the Committee on the Elimination of Discrimination Against Women (CEDAW) and Committee on the Rights of Persons with Disabilities (CRPD), in view of a possible harmonisation of procedures following the 2020 Review process.

María de los Ángeles González Carreño v. Ministry of Justice

The ruling of the Spanish Supreme Court in Judgment No. 1263/2018, recognizing, for the first time, the binding character of the Views of the Committee on the Elimination of Discrimination against Women (CEDAW Committee), augmented the normative authority of the Views of the human rights treaty monitoring body, not only at the domestic level, but also within the international legal sphere. In the Judgment, the Spanish highest court held that the government must comply with the Views of the CEDAW Committee as a matter of the state's constitutional mandate as well as its international obligations. The Court's interpretation in this case meets the expectation of human rights treaty monitoring bodies that states are obligated to respond to their Views concerning individual communications, despite some states parties’ claims to the contrary.