Women's Human Rights
Women's Human Rights

Author: Anne Hellum

Publisher: Cambridge University Press

Published: 2013-07-11

Total Pages: 699

ISBN-13: 110727673X

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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.

The Transformation of the Prohibition of Torture in International Law
The Transformation of the Prohibition of Torture in International Law

Author: Lutz Oette

Publisher: Oxford University Press

Published: 2024-07-04

Total Pages: 369

ISBN-13: 0198885776

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The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

The Evolving International Procedural Capacity of Individuals
The Evolving International Procedural Capacity of Individuals

Author: Katrin Fenrich

Publisher: Springer

Published: 2019-06-19

Total Pages: 314

ISBN-13: 3030192814

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This book critically addresses the still prevalent assumption of the individual’s procedural disability in international judicial fora. Against this backdrop, it examines and compares various international enforcement mechanisms from the individual’s perspective. Establishing specific comparison criteria, the book identifies the benefits and weaknesses of these mechanisms and traces the ongoing process of individualization in the field of international procedural law. Thus, it not only maps the complex landscape of international enforcement mechanisms; it also integrates the theoretical question of the individual’s role in international law with the practical issue of enforcing individual rights, thereby connecting the fields of legal theory and international procedural law. Academic readers interested in the intersection of international legal theory and international procedural law will find the book both enjoyable and insightful. Further, researchers and students of public international law will benefit from its in-depth analysis and comparative focus.

The UN Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol
The UN Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol

Author: Patricia Schulz

Publisher: Oxford University Press

Published: 2022-12-01

Total Pages: 1116

ISBN-13: 0192677284

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This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.

The UN Convention on the Elimination of All Forms of Discrimination Against Women
The UN Convention on the Elimination of All Forms of Discrimination Against Women

Author: Marsha A. Freeman

Publisher: Oxford University Press

Published: 2012-01-26

Total Pages: 790

ISBN-13: 0199565066

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This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.

Translating International Women's Rights
Translating International Women's Rights

Author: Susanne Zwingel

Publisher: Springer

Published: 2016-08-13

Total Pages: 303

ISBN-13: 1137315016

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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.