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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.