Violence against women: the international legal response

Violence against women has only recently become an international legal concern, because human rights law has been directed to protect men in their public lives. The failure of human rights law to protect women from gender-specific violence has occurred because much of the violence against women occurs in private and because cultural assumptions are used to justify the oppression of women. The silent nature of this violence has masked the reality of the international nature of the problem. Also, international law primarily regulates the behavior of states. Women have lobbied for recognition of the problem of violence against women within the UN agencies concerned with crime and those concerned with women's issues. It is illustrative of the marginalization of women's human rights issues that the international instrument which guarantees women's equality, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was not drafted through the Human Rights Commission. CEDAW's Recommendation 19 directs the attention of states towards the elimination of gender-based violence, but the participation of the 139 states which are party to CEDAW is limited by reservations the states have attached to their participation. Wider commitment to the eradication of violence against women has been sought using other UN bodies, and, in 1993, the Declaration and Programme of Action of the World Conference on Human Rights called for the integration of women's human rights into all UN human rights activities, the General Assembly adopted the Declaration on the Elimination of Violence Against Women, and the Security Council of the International Tribunal was established to prosecute offenses committed in the former Yugoslavia, including rape. In 1994, the UN appointed a Special Rapporteur on Violence Against Women to provide a continuing focus on gender violence. These calls for the recognition of the human rights of women and girls must be reinforced by the Fourth World Conference on Women. Such international instruments will not change women's lives alone, however. Improvement in the status of women will depend upon education, support services, and training of public officials. While working for social change, activists must also work to insure implementation of the instruments governments have adopted.     

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.     

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.     

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.     

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.     

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.     

Migrant women: the path from Beijing

This article discusses the statement of the UN International Office of Migration (IOM) delivered at the Fourth World Congress on Women held in Beijing in 1995. The Beijing Platform of Action identified migrants as comprising an estimated 125 million people. Half of the international migrants live in developing countries, and at least 50 million are women. Another 500 million are internal female migrants. Migration programs tend to marginalize female migrants and to ignore women's special needs and experiences. The Third World Conference in Nairobi in 1985 indicated that women migrants were more likely to suffer deprivation, hardship, isolation, loss of status, and discrimination. Women bear the burden of a family's daily life, are more vulnerable than men, and face additional problems in the work force. Women migrants are identified as dependents and must be sponsored for admission to the host country; they are often subjected to physical and sexual abuse and must face discrimination in a foreign environment. The special needs of migrant women must be addressed at every stage of the migration process: the decision making stage, the integration into host communities, and the reintegration upon return. Women must be empowered. IOM recently established the International Center for Migration and Health. This center will focus on special problems faced by women migrants and on migrants' rights. Between the Nairobi and Beijing conferences the plight of migrant women was not prominently addressed. Migration references were made in Beijing's Platform of Action in scattered places in the text. Governments need to provide gender-sensitive human rights education and training for public officials in order to fulfill the Beijing Platform. The IOM technical assistance to Argentina illustrates what cooperative ventures are possible. IOM has made important progress in implementing Beijing's Platform.     

The deregulated global economy: women workers and strategies of resistance

This article discusses the lack of input from women in international debates about the global economy. Women in the South are the most vulnerable to exploitation and most ignored in international discussions of how to protect fair labor standards. Restructuring has led to loss of secure jobs in the public sector and the expansion of female employment in low-paid, insecure, unskilled jobs. Businesses desire a cheap and flexible workforce. Declines in social services, the elimination of subsidies on basic goods, and the introduction of user fees puts pressure on women to supplement family income. A parallel outcome is reduced employment rights, neglect of health and safety standards, and increased disregard among women for their domestic responsibilities. There is a need for alternative models of development. The Self-Employed Women's Organization in India serves as a model for resisting exploitation among self-employed and home-based employees. Female industrial strikers are demanding attention to excessive hours of work, enforced overtime, bullying, and lack of sanitary and medical facilities. There is always fear that organized resistance will lead to industrial relocation or loss of jobs. The International Labor Organization has had a code for 20 years, but the threat of exposure to the press is sometimes more effective. There must be regulation throughout subcontracting chains of transnational companies. International alliances should revolve around issues/strategies identified by workers. International alliances are needed for influencing multinational companies and national governments and lobbying global economic and financial institutions. Standards that are included in social clause discussions are minimum requirements that do not address gender-specific issues. Women Working Worldwide is developing a position statement of social clauses that incorporates a women's perspective.     

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.     

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.     

Opposition to gender-sensitive development. Learning to answer back

Opposition to gender-sensitive development policies can arise within the very development agencies charged with implementing the policies. Agencies may maintain that policies on equality for women are unnecessary because development is concerned with improving welfare in general. This can be refuted by referring to the literature which points out that failure to address the specific needs of women means their exclusion from the development process. Agencies may argue that women's equality is a political rather than a developmental issue. This is countered by the fact that the "Forward-Looking Strategies" define women's development, equality, and empowerment as intertwined processes. Agencies may say that promoting women's equality constitutes undue interference in a country's internal affairs. This is wrong because aid programs should not be supported in countries which do not support women's rights. Agencies may claim that they must work within the existing laws and policies of a developing country. This is partly correct, but the point must be limited because policies and laws may be "given," but they are not fixed. An agency may state that they have no business seeking or promoting change in existing social and customary practices. This is wrong where such practices stand in the way of development and because any development project is by definition a social and economic intervention. Agencies may consider their policy on women an inappropriate imposition of Western ideas. This is wrong because international conventions place a concern for women's rights on a level with a concern for human rights. Finally, agencies may maintain that women in developing countries do not desire equality with men. While it may be true that women accept their subordinate position, this does not offset issues of human rights and equal development. Oppressed women may be very silent; given the opportunity, they generally have a great deal to say.     

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.     

守望相助,共克时艰——寄语“三八”国际妇女节

2020年注定是不平凡的一年。新冠肺炎疫情发生以来,中国政府和人民全力以赴抗击疫情。外国妇女组织和机构、国际组织、港澳台妇女组织、海外华人华侨妇女组织以及在华留学生代表,纷纷向全国妇联发来慰问,为中国加油,为武汉加油。2020年也是北京第四次世界妇女大会25周年,在今年“三八”国际妇女节来临之际,他们将暖心的祝福,送给所有中国的妇女姐妹。     

Racial Discrimination and Human Rights in the Global Context: The International Convention on the Elimination of all Forms of Discrimination

This essay will discuss racism and racial discrimination by locating them within a context of international human rights. It is argued that conceptually racism and racial discrimination within an international human rights paradigm sharpens our understanding of these concepts from both a global and regional vantage point. The main idea is to provide a thematic and procedural overview of key international human rights instruments that address racial discrimination. It will situate racial discrimination in the context of international human rights and provide a critical discussion focused on the International Convention on the Elimination of All forms of Racial Discrimination (ICERD) and other human rights instruments that address racial discrimination.     

Culture and the law in Islam

Rather than living in a homogeneous world, Muslim women participate in vastly different cultures. The Women Living Under Muslim Law (WLUML) Network was set up to unite women in Muslim countries across the world and to stimulate them to analyze and reconceptualize the nature of their situation in order to formulate strategies for change. In Muslim countries, the law provides a web of rules which shape every aspect of women's lives. Because these laws have been presented as "Islamic," traditional human rights groups have been loathe to criticize them for fear of trampling religious rights. The WLUML started the "Women and the Law" project, therefore, to chart and conduct action-oriented research in law in 26 countries. This project is based on the conviction that the key to women gaining the power to control their destinies will lie in their ability to master the law that shapes their lives. This project should lay the foundation for the vindication of the human rights of Muslim women.     

Women and mass media: a critical and analytical study of the portrayal of Sudanese women in printed media

This study examines how Sudanese women are portrayed in the mass media. Data are obtained from a content analysis of historical records of Sudanese daily newspapers and women's magazines and from surveys among female editors in print media. The following types of newspapers are reviewed: independent newspapers; papers for the Al-Umma Party, a communist party, a Bathist party, a Muslim Nationalist Islamic Front Party, and a National Union Democratic Party; and a current military government paper. Women's magazines are published by women. Articles focus on women as the main newsmakers, women's life issues, female authors, a female focus but a male author, and famous Sudanese women. 16 content themes are identified. Women were not extensively featured or photographed in either newspapers or magazines. The Al-Umma Party paper and Al-Sudan Al-Hadith paper (an independent paper) were the only two newspapers with at least 10 photos of women. Women were pictured as professionals, educated persons, and leaders. There were 17 female editors. These editors preferred an image of women as leaders, followed by productive workers. Only 11.76% believed that women's dual roles as producers and reproducers should be portrayed. Female editors did not want a special women's page. 52.94% (the largest percentage) preferred targeting women with substantial leadership abilities. 17.65% desired the portrayal of women as workers and housewives. 58.82% did not think that the mass media image changed behavior or attitudes, because most Sudanese women are illiterate. Women's issues in both newspapers and women's magazines were devoted to women's work, achievements, and needs. The authors recommend removal of obstacles to women's equal participation in the mass media and press and research on the effect of media images on women's self-perception and behavior.     

The use and abuse of female domestic workers from Sri Lanka in Lebanon

Women who migrate from Sri Lanka to become domestic workers in Lebanon face gender, class, and race discrimination that often results in abuse, yet the predicament of these women is largely ignored by local and international humanitarian and human rights agencies. Public consciousness about the plight of Asian domestic workers in the Persian Gulf region was raised in 1990 when domestic workers were repatriated in the wake of the Gulf War. In Lebanon, nearly half of the work permits granted to foreigners in 1997 were to women from Sri Lanka. This migration began in the 1970s and is sanctioned by the Sri Lanka government because of the economic benefits accruing from wages sent home by these women. Lebanese families procure domestic positions through an employment agency that arranges transportation and entry for the Sri Lankan women. These women, especially minors, often have to bribe Sri Lankan government agents to falsify travel documents. Upon arrival in Lebanon, the women have no support systems or job security. Most employment contracts last 3 years and pay $100/month with no benefits or protection from local labor laws. Domestic workers are made vulnerable by employers who withhold salaries or travel documents. Upon return to Sri Lanka, former domestic workers face social disapproval and marital problems. To redress this situation, the governments of sending and receiving countries must take action to protect female migrant workers, and nongovernmental organizations must publicize the plight of these women and take action to address the abuses they face.     

Women's voluntarism and philanthropy in pre-revolutionary Russia: building a civil society

Historically, civil activism was primarily shaped illegally in Russia, through the revolutionary underground under tsarism, and via dissident movement under the Soviet regime. Among legal enterprises, philanthropy maintained an orientation toward gradualist social change and mutual support. Women have played a major role in philanthropy and voluntary activities in Russia. Compared to European and American women, Russian women enjoyed far more extensive property rights which defined different strategies for gaining access to public space. Women's philanthropy made its greatest impact on public policy-making agendas not through maternalistic programmes for mothers and children but through education of women and girls, and support of women entering the job market. However, their contribution, especially in its civic aspects, has been undervalued for many reasons, particularly in the interpretation of a powerful ethos of female self-sacrifice peculiar to Russian women as a basic motive of women's voluntarism. This article challenges this interpretation and instead portrays women in philanthropy and voluntary activity as agents of social change.     

From multiple barriers to a co-prosperity society: the development of a legal system for disabled people in China

Abstract

The legal system for disabled people has progressed significantly since China’s government signed the United Nations Convention on the Rights of Persons with Disabilities 10 years ago. The newly released ‘New Progress in the Legal Protection of Human Rights in China’ has attracted widespread attention because it advocates that the protection of human rights for disabled people should be reflected not only in legislative and judicial aspects but also in administrative sectors and international affairs. This article explains that the legal system involving dozens of laws and decrees in China aims to break through multiple barriers experienced by disabled persons and is beneficial to building a co-prosperity society in China. With the vigorous development of the international disability rights movement, ways to seize domestic and international opportunities to build a disabled-friendly social atmosphere deserve additional research.