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Women's Movements, Plural Legal Systems and the Botswana Constitution : How Reform Happens
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Year: 2013 Publisher: Washington, D.C., The World Bank,

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Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successful "test" case, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and using "good practice" examples from other countries is important to understand from a policy perspective and how this "bottom-up" approach can contribute to women's economic empowerment in other national contexts.


Book
Women's Legal Rights over 50 Years : Progress, Stagnation or Regression?
Authors: --- ---
Year: 2013 Publisher: Washington, D.C., The World Bank,

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Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic-half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries, increased growth is not necessarily going to spark additional reforms. Clearer patterns emerge from the momentum created by international conventions, such as the Committee to Eliminate All Forms of Discrimination against Women (CEDAW), women's political representation at the national level, mobilization of women's networks, and increasing labor force participation in sectors that provide a voice for women, which are positive forces for change. Conversely, conflict and weak rule of law can entrench a discriminatory status quo. And much is at stake; strengthening women's legal rights is associated with important development outcomes that can benefit society as a whole.


Book
Women's Legal Rights over 50 Years : Progress, Stagnation or Regression?
Authors: --- ---
Year: 2013 Publisher: Washington, D.C., The World Bank,

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Abstract

Using a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years, this paper analyzes the triggers and barriers to reform. The database documents gender gaps in the ability to access and own assets, to sign legal documents in one's own name, and to have equality or non-discrimination as a guiding principle of the country's constitution. Progress in reducing these constraints has been dramatic-half of the constraints documented in the 1960s had been removed by 2010. However, some sticky areas persist where laws have not changed or have even regressed. The paper analyzes potential drivers of reforms. A significant finding is that the relationship with a country's level of development and the extent of its reforms is not straightforward. For the first half of the sample, there was no systematic connection; only in the last 25 years have increases in income been associated with higher probabilities for reform, but only in lower-income countries. With the remaining constraints as prevalent in middle- as low-income countries, increased growth is not necessarily going to spark additional reforms. Clearer patterns emerge from the momentum created by international conventions, such as the Committee to Eliminate All Forms of Discrimination against Women (CEDAW), women's political representation at the national level, mobilization of women's networks, and increasing labor force participation in sectors that provide a voice for women, which are positive forces for change. Conversely, conflict and weak rule of law can entrench a discriminatory status quo. And much is at stake; strengthening women's legal rights is associated with important development outcomes that can benefit society as a whole.


Book
Women's human rights
Authors: ---
ISBN: 1139891561 1107272610 1107272009 110753822X 1107274095 1107278589 1107275334 113954084X 1107277353 9781461934080 1461934087 9781107274099 9781139540841 9781107275331 1299749356 9781299749351 9781107034624 1107034620 9781107538221 9781107538221 9781139891561 9781107272613 9781107272002 9781107278585 9781107277359 Year: 2013 Publisher: Cambridge [England] Cambridge University Press

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As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.


Book
Frontiers of gender equality : transnational legal perspectives
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ISBN: 9781512823578 1512823570 Year: 2023 Publisher: Philadelphia : University of Pennsylvania Press,

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In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples.Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination.With the benefit of hindsight, the book’s contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.


Book
Translating International Women's Rights : The CEDAW Convention in Context
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ISBN: 0230290973 1137315016 Year: 2016 Publisher: London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan,

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This book looks at the centerpiece of the international women’s rights discourse, the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), and asks to what extent it affects the lives of women worldwide. Rather than assuming a trickle-down effect, the author discusses specific methods which have made CEDAW resonate. These methods include attempts to influence the international level by clarifying the meaning of women’s rights and strengthening the Convention’s monitoring procedure, and building connections between international and domestic contexts that enable diverse actors to engage with CEDAW. This analysis shows that while the Convention has worldwide impact, this impact is fundamentally dependent on context-specific values and agency. Hence, rather than thinking of women’s rights exclusively as normative content, Zwingel suggests to see them as in process. This book will especially appeal to students and scholars interested in transnational feminism and gender and global governance.

Keywords

Political science. --- International organization. --- Sociology. --- Social justice. --- Human rights. --- Sex (Psychology). --- Gender expression. --- Gender identity. --- Political Science and International Relations. --- Political Science. --- International Organization. --- Social Justice, Equality and Human Rights. --- Gender Studies. --- Women (International law) --- Women's rights. --- United Nations. --- Rights of women --- Women --- Women's rights --- Civil rights --- Law and legislation --- CEDAW --- CEDAW Committee --- Komite PBB Untuk Penghapusan Diskriminasi Terhadap Perempuan --- Sīdāw --- Convention on the Elimination of All Forms of Discrimination Against Women (Organization) --- Convenção para a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Sīḍō --- Yŏsŏng Ch'abyŏl Ch'ŏlp'ye Wiwŏnhoe --- Sex identity (Gender identity) --- Sexual identity (Gender identity) --- Identity (Psychology) --- Sex (Psychology) --- Queer theory --- Expression, Gender --- Sex role --- Psychology, Sexual --- Sex --- Sexual behavior, Psychology of --- Sexual psychology --- Sensuality --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Equality --- Justice --- Social theory --- Social sciences --- Federation, International --- Global governance --- Interdependence of nations --- International administration --- International federation --- Organization, International --- World federation --- World government --- World order --- World organization --- Congresses and conventions --- International relations --- Peace --- Political science --- International agencies --- International cooperation --- Security, International --- World politics --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The --- Psychological aspects --- International law --- Legal status, laws, etc.


Book
Making religion and human rights at the United Nations
Author:
ISBN: 9783110476538 3110476533 9783110478068 9783110476590 3110478064 3110476592 Year: 2018 Volume: 67 Publisher: Berlin Walter de Gruyter

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This volume examines the different and sometimes contradictory approaches of four UN human rights committees to the concept of religion. Drawing on critical perspectives from religious studies, the book combines a genealogical assessment of the role of religion in international law with a detailed textual study of the reporting practice of the committees monitoring racial discrimination, civil and political rights, women's rights, and children's rights. Årsheim argues that the role of religion within the rights traditions monitored by the committees varies to the extent that their recommendations risk contradicting one another, thereby undermining their credibility and potential to bring about real change on the ground: Where some committees view religion singularly as a core individual right, others see religion partly as an inherent threat to the realization of other rights, but also as a potent social force to be reckoned with. In order to remedy this situation, Årsheim proposes the publication of a joint general comment by all the committees, spelling out their approach to the role of religion in the implementation of human rights.

Keywords

Freedom of religion (International law) --- Religious minorities --- Religious discrimination --- Religion and international relations --- Religion and law --- Law --- Law and religion --- Religious liberty (International law) --- Legal status, laws, etc --- Law and legislation --- Religious aspects --- United Nations. --- CRC --- UN Committee on the Rights of the Child --- Committee on the Rights of the Child (United Nations) --- Comité des droits de l'enfant --- Comité sobre los Derechos del Niño de Naciones Unidas --- Comité Internacional de los Derechos del Niño del Sistema de Naciones Unidas --- CEDAW --- CEDAW Committee --- Komite PBB Untuk Penghapusan Diskriminasi Terhadap Perempuan --- Sīdāw --- Convention on the Elimination of All Forms of Discrimination Against Women (Organization) --- Convenção para a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Sīḍō --- Yŏsŏng Ch'abyŏl Ch'ŏlp'ye Wiwŏnhoe --- CERD --- CERD Committee --- Comité para la Eliminación de la Discriminación Racial de Naciones Unidas-CERD --- United Nations Committee on the Elimination of Racial Discrimination --- UN-Menschenrechtsausschuss --- MRK (Organization) --- Human Rights Committee of the Covenant on Civil and Political Rights --- HRC (Organization) --- Human Rights Committee (United Nations) --- International relations --- International relations and religion --- Religion and international affairs --- Freedom of religion --- Minorities --- International law --- 342.72/.73 --- 342.72/.73 Mensenrechten. Amnesty International. Euthanasie --- Mensenrechten. Amnesty International. Euthanasie --- Religion and international relations. --- Religion and law. --- Legal status, laws, etc. --- Law and legislation. --- Committee on Elimination of All Forms of Discrimination Against Women


Book
Making Religion and Human Rights at the United Nations
Author:
ISBN: 3110478064 3110476592 Year: 2018 Publisher: Berlin, Germany De Gruyter

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Abstract

This volume examines the different and sometimes contradictory approaches of four UN human rights committees to the concept of religion. Drawing on critical perspectives from religious studies, the book combines a genealogical assessment of the role of religion in international law with a detailed textual study of the reporting practice of the committees monitoring racial discrimination, civil and political rights, women's rights, and children's rights. Årsheim argues that the role of religion within the rights traditions monitored by the committees varies to the extent that their recommendations risk contradicting one another, thereby undermining their credibility and potential to bring about real change on the ground: Where some committees view religion singularly as a core individual right, others see religion partly as an inherent threat to the realization of other rights, but also as a potent social force to be reckoned with. In order to remedy this situation, Årsheim proposes the publication of a joint general comment by all the committees, spelling out their approach to the role of religion in the implementation of human rights.


Book
The UN Convention on the Elimination of All Forms of Discrimination Against Women : a commentary
Authors: --- ---
ISBN: 1283658240 019163008X 9780191630088 9780191773471 0191773476 9780199565061 0199565066 0199682240 Year: 2012 Publisher: Oxford : Oxford University Press,

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A commentary on one of the most important anti-discrimination and women's rights instruments, this text provides a systematic overview of the work of the CEDAW Committee, including all of its decisions and recommendations.

Keywords

Sex discrimination against women --- Women (International law) --- Women's rights. --- International law --- Women --- Equal rights amendments --- Rights of women --- Women's rights --- Human rights --- Law and legislation. --- Legal status, laws, etc. --- Civil rights --- Law and legislation --- Convention on the Elimination of All Forms of Discrimination against Women --- CEDAW --- CEDAW Kanabhenaśana --- Convenção sobre a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Convención sobre la eliminación de todas las formas de discriminación contra la mujer --- Convention sur l'élimination de toutes les formes de discrimination à l'égard des femmes --- Da Ṣhażo pah Wṛānde da Ṭolo Tawpīrūno dalah Minżah Wṛalo Taṛūn --- Fifanarahana Iraisam-Pirenena Momba ny Fanafoanana ny Endri-Panavakavahana Rehatra Miantraika Amin'ny Vehivavy --- Ittifāqīyah al-Dawlīyah li-Manʻ al-Tamyīz Didda al-Marʼah --- Ittifāqīyat al-Qaḍāʼ ʻalá Jamīʻ Ashkāl al-Tamyīz Ḍidda al-Marʼah --- Josei sabetsu teppai jōyakuto --- Joshi ni taisuru arayuru keitai no sabetsu no teppai ni kansuru jōyaku --- Joshi sabetsu teppai jōyaku --- Kaikkinaisen naisten syrjinnän poistamista koskeva yleissopimus --- Konvencija o odpravi vseh oblik diskriminacije žensk --- Konvensi PBB Tentang Penghapusan Diskriminasi Terhadap Wanita --- Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan --- Konvensi Wanita --- Konvention om avskaffande av all slags Diskriminering av Kvinnor --- Konvent︠s︡ii︠a︡ o likvidat︠s︡ii vsekh form diskriminat︠s︡ii v otnoshenii zhenshchin --- Kunvānsiyūn-i rafʻ-i har gūnah-i tabʻīz̤ ʻalayh-i zanān --- Kunvānsiyūn-i rafʻ-i kullīyah-i tabʻīz̤āt ʻalayh-i zanān --- Mahilā Upara Hune Savai Prakāraka Bhedabhāva Nirmūlana Sambandhī Mahāsandhī --- Nārīra prati Birājamāna Sakala Prakāla Baishamya Bilopa Sananda --- Siḍao Kanabhenaśana --- Siḍao Sananda --- UN Convention on the Elimination of All Forms of Discrimination Against Women --- United Nations Convention on the Elimination of All Forms of Discrimination against Women --- United Nations. --- CEDAW Committee --- Komite PBB Untuk Penghapusan Diskriminasi Terhadap Perempuan --- Sīdāw --- Convention on the Elimination of All Forms of Discrimination Against Women (Organization) --- Convenção para a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Sīḍō --- Yŏsŏng Ch'abyŏl Ch'ŏlp'ye Wiwŏnhoe --- Committee on Elimination of All Forms of Discrimination Against Women --- Women (International law). --- Sex discrimination against women - Law and legislation.

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