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Women, Law & Development International Chart # 3 - 1 Women’s Human Rights Women’s Human Rights Which rights? Which rights? Where found? Where found? Challenges Challenges All rights that apply to All rights that apply to both men and women both men and women Rights found in general Rights found in general Human rights Human rights Instruments Instruments To assure that thee rights To assure that thee rights are consistently applied are consistently applied to both sexes to both sexes Rights that are specific to Rights that are specific to women or that need to be women or that need to be amplified for women’s amplified for women’s situation. situation. Rights covered in Rights covered in specialized specialized instruments, such as instruments, such as CEDAW. CEDAW. To assure that these To assure that these rights are treated with rights are treated with equal seriousness as the equal seriousness as the general human rights. general human rights. Evolving rights Evolving rights Not yet defined or Not yet defined or covered in any treaty covered in any treaty or instrument. or instrument. To press for the explicit To press for the explicit definition of these rights. definition of these rights.

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Women, Law & Development International Chart # 3 - 1

Women’s Human RightsWomen’s Human RightsWhich rights?Which rights? Where found?Where found? ChallengesChallenges

All rights that apply to All rights that apply to both men and womenboth men and women

Rights found in general Rights found in general Human rights Human rights InstrumentsInstruments

To assure that thee rights To assure that thee rights are consistently applied are consistently applied to both sexesto both sexes

Rights that are specific to Rights that are specific to women or that need to be women or that need to be amplified for women’s amplified for women’s situation.situation.

Rights covered in Rights covered in specialized specialized instruments, such as instruments, such as CEDAW.CEDAW.

To assure that these To assure that these rights are treated with rights are treated with equal seriousness as the equal seriousness as the general human rights.general human rights.

Evolving rightsEvolving rights Not yet defined or Not yet defined or covered in any treaty covered in any treaty or instrument.or instrument.

To press for the explicit To press for the explicit definition of these rights.definition of these rights.

Women, Law & Development International Chart # 3 - 2

1948 UDHR

1966 ICCPRICESCR

Emergence of the Emergence of the UN Human Rights SystemUN Human Rights System

1995 Beijing 1999

CEDAW Optional Protocol

1985 Nairobi Women’s Conference and NGO Forum

1975 First UN Women’s Conference

1976 ICCPR & ICESCR ENTER INTO FORCE. . .1980

CEDAW Adopted

Women, Law & Development International Chart # 3 - 3

Economic “Development” & Economic “Development” & “Underdevelopment.”“Underdevelopment.”• Poverty in the Third WorldPoverty in the Third World• Equality and inequality between social Equality and inequality between social

classesclasses• Growing economic disparity between Growing economic disparity between

developed and underdeveloped worlddeveloped and underdeveloped world• UN “Decades for Development” 1960s-UN “Decades for Development” 1960s-

1970s1970s

Women, Law & Development International Chart # 3 - 4

A New Human Rights ActivismA New Human Rights Activism Political repression throughout the Political repression throughout the

world--dictatorships, independence world--dictatorships, independence struggles, “totalitarianism” of different struggles, “totalitarianism” of different stripes.stripes.

Human rights organizations formed in Human rights organizations formed in response.response.

Citizens begin to use human rights Citizens begin to use human rights mechanisms and pressure system.mechanisms and pressure system.

Women, Law & Development International Chart # 3 - 5

Gender Theories DevelopGender Theories Develop ““Women in Development” (WID) Women in Development” (WID)

framework responds to women's framework responds to women's unequal status in the developing world.unequal status in the developing world.

Recognition of female “subordination” Recognition of female “subordination” energizes efforts to emancipate women energizes efforts to emancipate women in the developed world.in the developed world.

Women, Law & Development International Chart # 3 - 6

Emergence of the Emergence of the Women’s HR MovementWomen’s HR Movement

Development & Development & underdevelop-mentunderdevelop-ment

Political Political repressionrepression

Gender:Gender:WIDWIDFeminismFeminism

Human RightsHuman Rights

ExperiencesExperiences

““Feminist Feminist Human Human Rights” Rights” ParadigmParadigm

IdeasIdeas

1950’s – 1960’s – 1970’s – 1980’s1950’s – 1960’s – 1970’s – 1980’s 1990’s1990’s

Influences:Influences:

Women, Law & Development International Chart # 3 - 7

Developments in the Developments in the Protection of Women’s Human Protection of Women’s Human RightsRights Universal Declaration of

Human Rights

(UDHR) - 1948

International Covenant on Economic, Social and Cultural Rights (ICESCR) 1976

International Covenant on Civil and Political Rights (ICCPR) 1976

Convention on the Elimination of all Forms of Discrimination Against Women

(CEDAW) 1980

Vienna Declaration and Programme of Action 1993

INTERNATIONAL

BILL OF RIGHTS

Optional Protocol to CEDAW 1999

Women, Law & Development International Chart # 3 - 8

UN ConferencesUN Conferences   

Beijing +5 Women 2000: Gender Equality, Development and Beijing +5 Women 2000: Gender Equality, Development and Peace for the 21st Century" - Special Session of the General Peace for the 21st Century" - Special Session of the General Assembly, 5-9 June 2000Assembly, 5-9 June 2000

Habitat II, Istanbul 1996Habitat II, Istanbul 1996 Fourth World Conference on Women, Beijing 1995 (FWCW)Fourth World Conference on Women, Beijing 1995 (FWCW) World Summit for Social Development, Copenhagen 1995World Summit for Social Development, Copenhagen 1995 International Conference on Population and Development, Cairo International Conference on Population and Development, Cairo

19941994 UN Conference on Human Rights, Vienna, 1993UN Conference on Human Rights, Vienna, 1993 UN Conference on Environment and Development (UNCED), Rio de UN Conference on Environment and Development (UNCED), Rio de

Janeiro 1992 Janeiro 1992 World Conference to Review and Appraise the Achievements of the World Conference to Review and Appraise the Achievements of the

UN Decade for Women, Nairobi 1985UN Decade for Women, Nairobi 1985

Women, Law & Development International Chart # 3 - 9

Optional Protocol to CEDAWOptional Protocol to CEDAWAdopted - October 6, 1999Brought into force December 10, 2000 The Optional Protocol is significant because it: provides an international remedy for violations of women’s rights; places pressure on governments to address the means currently

available to women at the domestic level; and places CEDAW on an equal footing with other international human

rights instruments having individual complaint procedures. Two procedures of the Optional Protocol: 1. Communications Procedure - allows individual women, or groups

of women, to submit claims of violations of rights protected under the Convention to the committee; and

2. Inquiry Procedure - enables the Committee to initiate inquires into situations of grave or systematic violations of women’s rights.

  

Women, Law & Development International Chart # 3 - 10

Progress and Women’s ActivismProgress and Women’s Activism Women challenge prevailing views Women challenge prevailing views

about how rights are understood.about how rights are understood. The human rights system responds The human rights system responds New documents (conventions, New documents (conventions,

declarations) incorporate the new declarations) incorporate the new views.views.

(For example: Violence against women was not (For example: Violence against women was not mentioned in any human rights document, including mentioned in any human rights document, including CEDAW, until 1993. The Vienna Declaration CEDAW, until 1993. The Vienna Declaration recognized violence against women as a human recognized violence against women as a human rights violation. A special rapporteur was later named rights violation. A special rapporteur was later named to investigate violations.)to investigate violations.)

Women, Law & Development International Chart # 3 - 11

Obstacles to the Women’s Obstacles to the Women’s Human Rights MovementHuman Rights Movement

The public/private split.The public/private split. Universality of human rights.Universality of human rights. Social and economic rights. Social and economic rights. Human rights monitoring and Human rights monitoring and

enforcement.enforcement.

Women, Law & Development International Chart # 3 - 12

A Divided UniverseA Divided Universe

Practice of Women's Practice of Women's Rights Rights OrganizationsOrganizations

Practice of Human Practice of Human Rights Rights OrganizationsOrganizations

Human Rights Human Rights Not Yet DefinedNot Yet Defined

Civil & Political RightsCivil & Political Rights

Civil and Political Civil and Political RightsRights

Social and EconomicSocial and EconomicRightsRights

Human Rights PracticeHuman Rights Practice

Reproductive rightsReproductive rights–Sexual rightsSexual rights

Recognized Human RightsRecognized Human Rights

Women, Law & Development International Chart # 3 - 13

An Integrated UniverseAn Integrated Universe

Practice of Women's Practice of Women's Rights OrganizationsRights Organizations

Practice of Human Practice of Human Rights OrganizationsRights Organizations

Civil & Political RightsCivil & Political Rights

Social & Economic Social & Economic RightsRights

Human Rights Not Yet Human Rights Not Yet DefinedDefined

Human Rights PracticeHuman Rights Practice

Women, Law & Development International Chart # 3 - 14

Aims of Women’s Human Rights Aims of Women’s Human Rights ActivismActivism

To expand the definition of rights to To expand the definition of rights to include new interpretations,include new interpretations,

To expand the scope of government To expand the scope of government responsibility for the defense and responsibility for the defense and protection of women’s rights, andprotection of women’s rights, and

To assure the enjoyment of rights To assure the enjoyment of rights (making rights real) in women’s lives.(making rights real) in women’s lives.

Women, Law & Development International Chart # 3 - 15

““Name”Name” thethe rightright

The Process of Creating Rights:The Process of Creating Rights:

   Define itDefine it Clarify itClarify it Identify & name Identify & name

its violationsits violations

GainGain thethe right’sright’s acceptanceacceptance

AssureAssure thethe right’sright’s enjoymentenjoyment

As defined in:As defined in:

Treaties and Treaties and conventionsconventions

ConstitutionsConstitutions LegislationLegislation PoliciesPolicies Rules and regulationsRules and regulations Authoritative opinions & decisionsAuthoritative opinions & decisions Common understandingCommon understanding

Hold the responsible state accountable

11 22 33

Women, Law & Development International Chart # 3 - 16

Developing HUMAN RIGHTS Developing HUMAN RIGHTS entails:entails:

naming the rightnaming the right gaining public acceptance of the rightgaining public acceptance of the right assuring the right’s enforcement/ assuring the right’s enforcement/

enjoymentenjoyment

Women, Law & Development International Chart # 3 - 17

““Name” Name” the issuethe issue

The Process of Doing advocacyThe Process of Doing advocacy

GainGain acceptanceacceptance Assure Assure implementationimplementation

11 22 33

Identify a policy Identify a policy issue or interest issue or interest (problem) and (problem) and propose a policy propose a policy change (solution).change (solution).

Gain public Gain public recognitionrecognitionof the problem of the problem and and support for the support for the solution.solution.

Assure correct Assure correct implementation or implementation or enforcement through enforcement through vigilant action.vigilant action.