The needs of refugee women: a human-rights perspective

While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.     

Enforcing women's rights through law

Because women have to be equal partners in development to insure its sustainability, the human rights of women must be foremost on development agendas. Ratification of and adherence to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) would be a powerful international tool in this regard. In various countries, progress towards legalizing rights for women is passing through a first stage which focusses on the protection of specific rights to a second stage in which sex is included as a prohibited ground of discrimination to a third stage which addresses the pervasive and structural nature of the violation of women's rights. It is expected that governments will renew their commitment to the Women's Convention at the Fourth World Conference on Women (WCW) and, thus, take more seriously their obligations to report progress and remove reservations. Regional initiatives, such as the Organization of American States' 1994 Convention on the Prevention, Punishment, and Eradication of Violence Against Women, can also be used to protect women's rights, and the application of national constitutions and domestic laws remains the first line of defence for women. Particular attention must be paid to laws which apply to property rights, nationality, equality within the family, reproductive and other health issues, and violence against women. The Draft Plan of Action prepared for the WCW challenges states to specify their plans to eliminate discrimination. While this Plan may prove to lack vision, women's nongovernmental organizations are playing a major role in accelerating the movement of international and domestic law towards justice for women.     

From basic needs to basic rights

After arriving at an understanding that basic rights refer to all human needs, it is clear that a recognition of the basic needs of female humans must precede the realization of their rights. The old Women in Development (WID) framework only understood women's needs from an androcentric perspective which was limited to practical interests. Instead, women's primary need is to be free from their subordination to men. Such an understanding places all of women's immediate needs in a new light. A human rights approach to development would see women not as beneficiaries but as people entitled to enjoy the benefits of development. Discussion of what equality before the law should mean to women began at the Third World Conference on Women in Nairobi where the issue of violence against women was first linked to development. While debate continues about the distinction between civil and political rights and economic, social, and cultural rights, the realities of women's lives do not permit such a distinction. The concept of the universality of human rights did not become codified until the UN proclaimed the Universal Declaration of Human Rights in 1948. The declaration has been criticized by feminists because the view of human rights it embodies has been too strongly influenced by a liberal Western philosophy which stresses individual rights and because it is ambiguous on the distinction between human rights and the rights of a citizen. The protection of rights afforded by the Declaration, however, should not be viewed as a final achievement but as an ongoing struggle. International conferences have led to an analysis of the human-rights approach to sustainable development which concludes that women continue to face the routine denial of their rights. Each human right must be redefined from the perspective of women's needs, which must also be redefined. Women must forego challenging the concept of the universality of human rights in order to overcome the argument of cultural and religious diversity which erodes women's rights. Women can, however, challenge the traditional patriarchal understanding of human rights, drawing on the energy contained in the "basic needs to basic rights" approach.     

The local diffusion of international human rights norms – understanding the cities for CEDAW campaign

While the international human rights norm literature has revolved mainly around the diffusion and implementation of human rights at the national and global level, less is known how international human rights norms are adopted on the local level. To fill this gap, this article will focus on the Cities for Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) campaign which encourages cities in the United States to adopt ordinances incorporating principles set forth by UN CEDAW. This article will analyze how the Cities for CEDAW campaign frames international gender norms to make them relevant in local contexts. Drawing on original interviews with Cities for CEDAW activists, this article will further our understanding how local human rights activists can utilize international human rights treaties to integrate human rights norms on the local level.     

Working towards a world free from violence against women: UNIFEM's contribution

The UN Development Fund for Women (UNIFEM) has been at the forefront of the campaign to end violence against women. The Fund's premise is that there can be no sustainable communities or development without the attainment of peace and women's human rights. The UNIFEM Trust Fund in Support of Actions to Eliminate Violence Against Women was established in 1997, and, to date, has supported 59 projects in 49 countries related to the human rights abuse of women within families, war crimes against women, violations of women's bodily integrity (e.g., female genital mutilation), economic discrimination and exploitation, and political and legal discrimination. Program strategies include education, capacity building, violence prevention, the reversal of ingrained attitudes, and action-oriented research. In addition, regional awareness campaigns are conducted to introduce the issue of violence against women to the agendas of world governments. Finally, a learning component for the Fund analyzes the results of Fund initiatives and identifies ways of shaping more effective strategies for combating violence against women. Future areas of work include strengthening enforcement mechanisms in response to violence against women, upgrading the capacity to use international legal instruments, and facilitating information exchange.     

Beyond the Myths: Equality,Impartiality, and Justice

Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law’s historically inadequate response to violence against women. The author explores how the concepts of impartiality, equality, and justice shed light on the ways in which myths and stereotypes distort the truth-finding process and perpetuate discrimination. Looking toward the future, further equality-informed legislative amendments, judicial education, and international norms, such as those set out in the Convention on the Elimination of All Forms of Discrimination against Women (1979), will provide key means of ensuring that myths and stereotypes are fully and permanently eradicatedfrom the law. The goals of equality and justice for all require nothing less.     

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. [Excepts

This excerpt focuses on the laws concerning the protection of the rights of all migrant workers and members of their families. The excerpt takes into account the principles contained in the basic instruments of the UN about human rights; particularly, the Universal Declaration of Human Rights; the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of the Child. Emphasized is the law stating that migrant workers and members of their families shall have the right to receive medical care that is required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment, along with nationals. It also grants migrant workers equality of treatment, along with nationals, with regard to access to social and health services, provided that the requirements for participation in the respective schemes are met.     

Beyond the Myths: Equality, Impartiality, and Justice

Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights. As the Supreme Court of Canada has repeatedly recognized, eliminating myths and stereotypes from the law constitutes an important part of remedying the law's historically inadequate response to violence against women. The author explores how the concepts of impartiality, equality, and justice shed light on the ways in which myths and stereotypes distort the truth-finding process and perpetuate discrimination. Looking toward the future, further equality-informed legislative amendments, judicial education, and international norms, such as those set out in the Convention on the Elimination of All Forms of Discrimination against Women (1979), will provide key means of ensuring that myths and stereotypes are fully and permanently eradicated from the law. The goals of equality and justice for all require nothing less.     

Women's legal knowledge: a case study of Mexican urban dwellers

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

From intergovernmental negotiations to (sub)national change

In the last thirty years, a process of global norm creation in the field of gender equality has taken place. The Convention on the Elimination of All Forms of Discrimination Against Women marks a milestone in this process: it emerged as the first legally binding international instrument for the protection of women's rights. The 180 states that have ratified the Convention have interpreted their treaty obligations in diverse ways, ranging from reluctance to active incorporation. Beyond its original mandate, CEDAW has increased attention on gender issues within the UN human rights framework. Further, it has motivated transnational NGO activism that uses the Convention to connect local understandings of women's rights with global standards to influence national policy developments. Taking these global, national and transnational dynamics together, the article argues that CEDAW has been transformed from a ‘classical’ intergovernmental regime to a transnational network enforcing women's rights. Based on these findings, a theoretical view on global norm creation and enforcement is developed that stresses the reciprocal interrelation between global, national and local spheres. Instead of assuming a ‘trickle-down’ dynamic as a consequence of global agreements, it is argued that the legitimacy and authority of global norms depends on their active interpretation and appropriation within national and local contexts all over the world.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

The Hunted: UDHR and Africans with Albinism

Across Africa, persons with albinism continue to be the main casualties of occult killings, yet very little intervention is provided by states to safeguard them from their persecutors. The year 2018 commemorates the 70th anniversary of the Universal Declaration of Human Rights (UDHR), which entreats governments to protect their citizens from such brutalities. Whereas the Declaration has inspired the adoption of many (international and regional) human rights treaties, all declaring protection for the rights of persons with albinism, it is evident that this group is yet to reap the fruit of the human rights revolution triggered by the UDHR over the last seven decades. The article argues that, although African governments remain the primary custodians of Africans with albinism, the burden of violence often visited on this group constitutes “persecution” under the UDHR and therefore the international community has a role to play in safeguarding this group.     

Interview. Maria Isabal Plata,executive director of Profamilia,talks to Caroline Sweetman about the work of the organisation in Colombia

In this interview, Maria Isabal Plata discusses the work of the nongovernmental organization Profamilia in Colombia. Since its founding in 1965, Profamilia has assumed direct and indirect responsibility for nearly 70% of family planning (FP) and reproductive health activities in the country. These activities are complemented by a legal service program, an evaluation and research program, and a documentation center. In Colombia, women gained equal rights under the law in 1974 and a constitutional prohibition on discrimination in 1991, but sex stereotypes still dictate responsibility for family chores. When women realize their economic and social rights, poverty and inequalities will diminish. Thus, it is crucial to safeguard reproductive and sexual rights and ban violence against women. The traditional concept of family forces a disregard for the rights of family members and allows societies to oppose the interests of women. The aftermath of the UN Fourth Women's Conference in Colombia will be to work towards achieving full citizenship for women and democratic societies. The experience women's groups had at the conference has created a situation in which grassroots organizations can consider beginning to work with development organizations to achieve some of these goals.     

Human rights for women: battles of culture and power

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.     

International Norms and Women's Rights in Turkey and Japan

In 1985, the final year of the UN Decade for Women, 20 countries ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In this article we examine the decisions of two non-Western states to ratify the convention as part of this flood of ratification: Japan and Turkey. We find empirical support for the main hypotheses advanced in the literature on norm cascades in international relations, but we also find important evidence that suggests scholars must be sensitive to context in determining which states are “critical” in helping bring about norm cascades.     

Imag(in)ing Women's Agency

The use of images is central to Amnesty International's 2004 campaign ‘Stop Violence against Women’. Looking at how Amnesty International uses images to show women's agency reveals a conflation of the terms sex and gender. Despite its best efforts, Amnesty International's goal of empowering women ultimately remains out of reach because it fails to read violence against women in a gendered context. Through interviews and analyses of the images, this article claims that Amnesty International's concept of agency is trapped in a heterosexist, masculinist grammar that perpetuates non-agential articulations of women in human rights discourse. This article offers an alternative reading of gender and agency that contextualizes violence, opening up spaces in human rights discourse to begin to look at what causes individuals to resort to violence and at how violence may be perpetrated because of the presence of particular genders.     

Forced marriage,forced sex: the perils of childhood for girls

A recently formed interagency Forum on the Rights of Girls and Women in Marriage is investigating the widespread problem of nonconsensual marriage and forced sex and advocating for legislative and policy initiatives. This article reviews three research projects in this area: research by Anti-Slavery International on child marriage in parts of West Africa, an investigation by Save the Children of children's views of early marriage, and research conducted by CHANGE on women's resistance to domestic violence in Calcutta, India. Girls who marry before 15 years of age are more likely to be illiterate than their older counterparts, more likely to be dowry payment brides, less likely to come into contact with development projects, have higher rates of infant mortality, and are most vulnerable to sexual violence. In many cases, intercourse is initiated before the girl begins to menstruate. Although adult women also face sexual violence within marriage, this problem is all the more traumatic for girls who lack any information about sexuality. Sex with girls below a certain age is usually covered by rape legislation, but, in countries such as India, this is mitigated by the religiously defined personal laws. The absence of adequate legal and policy action frameworks to deal with the rights of girls, coupled with the lack of sanctions against these abuses, comprise state complicity and neglect of duty under international law to this vulnerable group.     

Laws,Conventions and Rights

SUMMARY. This article traces the developing recognition of children's rights, both at an international and national level. The UN Declaration of the Rights of the Child in 1959 and the UN Convention thirty years later provide a context within which a child's right to self-determination and autonomy have gradually become more central. The tensions between listening to children's views and the welfare of the child are examined, in relation to the Children Act, and the case is made for the need to move beyond conventions towards empowerment.