How best to realize international human rights law in practice has proved a vexing problem. The challenge is compounded in the USA, which has not ratified several treaties including the Convention on the Elimination of All Forms of Discrimination against Women. The Cities for CEDAW movement addresses this deficit by encouraging cities to endorse and implement CEDAW norms. In doing so, it seeks to catalyze a local boomerang effect, whereby progressive political momentum at the local level generates internal (...) pressure from below to improve gender equity outcomes across the country and eventually, at the national level. In this article, we trace the diffusion of Cities for CEDAW activism with attention to the case of Cincinnati and analyze its implications for advancing women’s rights principles. We argue that while Cities for CEDAW has potential to enhance respect for women’s rights in local jurisdictions, its impact on national policy remains limited. (shrink)

ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies (...) the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health. (shrink)

By most measures, the impact of international human rights law ratification in the Arab Gulf region primarily in the 1990s and 2000s has been minimal. Scholars have found little evidence of correlation between ratification of the core human rights conventions with the minimal improvements in human rights practice in the region. Ratification of most human rights instruments Arab Gulf states in recent decades has, however, offered new cases from which to explore the impact of international human rights law in countries (...) where human rights monitors find protections to be most limited. Using the case of Kuwait’s ratification of the Convention on the Elimination of all forms of Discrimination Against Women, this article examines the impact of ratification in 1994 on discourses on discrimination against women in national press on human rights in the country. Through analysis of reporting in national newspaper Al-Anba, the article identifies how ratification has shaped the language used in national press reporting on women’s rights to increasingly reference the convention and frame rights violations in the language of “discrimination.” In tracing these connections between the convention and related content in local press, the article identifies new avenue to explore the “impact” of human rights treaty ratification, even when formal changes in laws and policies so far have been limited. (shrink)

As COVID-19 keeps impacting the world, its impact is felt differently by people of different sexes and genders. International guidelines and research on gender inequalities and women’s rights during the pandemic have been published. However, data from Taiwan is lacking. This study aims to fill the gap to increase our knowledge regarding this issue and provide policy recommendations. This study is part of a more extensive project in response to the fourth state report concerning the implementation of the Convention on (...) the Elimination of All Forms of Discrimination against Women in Taiwan in 2022. We have drawn on the guidelines and documents published by the United Nations human rights bodies, conducted interviews with advocacy and professional practitioners, and hosted a study group comprising students and teachers from the National Taiwan University College of Public Health to supplement the interview data. The data were analyzed thematically. The results include five themes: (1) particular health risks to carers (primarily women); (2) COVID-related measures’ impact on women’s health and health behaviors; (3) highly gendered psychological maladjustment; (4) increase in gender-based violence and domestic violence; and (5) mental health inequities and intersectionality. The study has global implications for societies of similar sociopolitical contexts and developmental statuses. To truly live up to the standard of CEDAW and other international human rights principles, we ask that central and local government be more aware of these lived experiences and adjust their policies accordingly, accounting for gender sensitivity. (shrink)

Due to its wide-ranging reservations and lack of effective enforcement mechanisms the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has failed to dismantle widespread and systemic discrimination. The present paper proposes a broad, theoretical, preventive and relational approach to creating and enhancing the effectiveness of novel interventions to accelerate gender equality. We describe the main elements of affective empathy (i.e. intersubjectivity, multisensory engagement and empathic embodiment) and identify potential interventions that build on those elements (...) to advance gender equality. We ultimately argue that increased empathy towards women, transwomen and girls is required to disrupt the beliefs and behaviours that lead to discrimination, and that these changes must be enacted alongside legislative reforms and community education that construct equality environments. Our affective empathy framework could have the capacity to operationalise the normative fight against gender stereotypes and inequality in line with article 5(a) of CEDAW. (shrink)

Résumé Au cours des soixante-quinze dernières années, plusieurs traités internationaux ont été adoptés dans le but de promouvoir les droits universels des êtres humains, dont le principe d’égalité homme-femme. Pourtant, de nombreuses violations des _droits de l’homme_ commises contre les femmes en raison de leur sexe perdurent à l’échelle internationale. L’objet de cet article est de répondre à la question suivante: Y a-t-il une marginalisation des femmes et des problématiques qui leur sont propres en droit international? Notre article examine cette (...) question par l’exploration de la présence ou de l’absence de la « femme » en droit international, partant à la « recherche » de cette dernière. Dans un premier temps, nous étudions le silence concernant les femmes dans l’espace temporel sémiotique juridique qu’est le traité et la transmutation du langage français-anglais dans les dispositions pertinentes de la Charte internationale des droits de l’homme. Dans un deuxième temps, nous analysons la marginalisation de problématiques propres aux femmes dans la Charte internationale des droits de l’homme et la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes (CEDAW). Nous procédons à une analyse sémiotique des traités internationaux dans le cadre de la théorie de la « signifique » développée par l’éminente sémioticienne Victoria Welby, notamment sa « Triade de Signification », que nous transposons dans le domaine juridique. En dernier lieu, nous proposons des réformes par la déconstruction du paradigme actuel des « _droits de l’homme de la femme_ » à l’échelle internationale. (shrink)

This article argues from a South African perspective that national experience in attempting to fulfil the right to health supports the need for an international framework. Secondly, we suggest that this framework is not just a matter of good choice or even of justice but of a direct legal duty that falls on those states that have consented to operate within the international human rights framework by ratifying key treaties such as the International Covenant on Economic Social and Cultural Rights (...) (ICESCR), the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC). States can either accept this duty or face with growing pressure from those who believe in global social justice to find lasting solutions to the terrible inequities in global health standards. (shrink)

Some provisions of the UN’s Convention on the Elimination of Discrimination Against Women (CEDAW) are clearly important from the perspective of business ethics, particularly those calling for equal rights for women to employment and financial security. Some other provisions of CEDAW are equally as important for ethical business practices and Corporate Social Responsibility (CSR), but are frequently overlooked because of the presumption that they are not strictly business concerns: the rights of women to participation in public life, marriage, (...) and family rights; the rights of rural women to adequate living conditions; and general rights to equality. This chapter will discuss the conceptual commitments that underlie the assumption of a clear demarcation between work and life concerns, and examine the criticisms of this assumption made by feminism. It will, in particular, be interested in: -/- • The public/private distinction • The meaning of “work” or “labor” • The relationship between CSR and care ethics • Fostering a broader understanding of the family or familial relations • Examining the connection between fair wages and work/life integration -/- These discussions suggest that the ability for businesses worldwide to uphold the tenets of CEDAW is dependent upon a reconsideration of the character of the Ideal Worker and a nuanced understanding of the effects of workplace policies on the wider communities in which businesses operate. In particular, though work/life integration is not strictly speaking a “women’s issue,” the ethical and policy considerations addressed herein currently have disproportionately negative effects for women; thus, addressing them is crucial for achieving the aims of gender equality. (shrink)

The provisions of United Nations’ Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provisions and the CEDAW Committee’s recommendations expand on the theoretical and practical ways in which countries can combat gender-based discrimination. In Pakistan, the digitisation of women and feminist collectives and their experience of violent misogyny on the internet accentuates the weakness of the country’s internet security mechanisms. This study utilises the human rights framework of CEDAW to assess the performance of (...) Pakistan’s internet security mechanisms, and highlights the state’s obligations towards women’s digital safety. Informed by the CEDAW’s provisions and the Committee’s contributions, this paper provides recommendations to combat gender-based violence and improve Pakistan’s internet security mechanisms. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. (...) This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely to (...) be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)

Soledad Murillo, ha ocupado el primer cargo político en materia de igualdad en la octava legislatura 2004-2008 como Secretaria de Políticas de Igualdad, participando activamente en la Ley contra la Violencia de Género y la Ley de Igualdad efectiva entre Mujeres y Hombres.Actualmente es la Directora de la Unidad de Igualdad de la Universidad de Salamanca, donde trabaja como profesora de sociología. Y es miembro del Comité Antidiscriminación de la Mujer de Naciones Unidas. (CEDAW). Sus principales líneas de investigación (...) son el análisis del tiempo en cuanto a las tensiones que genera compatibilizar mercado de trabajo con vida familiar —analizando por qué es un problema femenino y no masculino la conciliación—. (shrink)

The primary aim of this article is to illustrate the dichotomy of Jordan as a progressive country, perhaps best exemplified through the engagement of the royal family in human rights matters, versus the traditional approach, sanctioning the discriminatory laws concerning women. This paper further attempts to demonstrate that Jordan is balancing between the conservative tribal interests, by pertaining to the Arab and Islamic tradition on the one hand, and the need for democratisation and further human rights development on the other. (...) It is important to note, that discriminatory laws concerning women are not the only examples illustrating this peculiar mechanism, however, they constitute the most vivid one. The author further submits that many authors, as well as international bodies such as CEDAW and the Human Rights Committee, fail to understand the dynamics and complexity of the human rights situation in Jordan. Hence, these authors and authorities’ recommendations are often misguided, as they focus mostly on amending the discriminatory legislation. This article briefly discusses cultural relativism aspects and suggests that actual progress can be achieved by developing a unique language of human rights related to the Arab culture, for instance through the newly established Jordanian Constitutional Court. (shrink)

Inequality in the family is the most damaging of all forces in women’s lives. It is overtly preserved by religious, customary, and state laws that formally enshrine discrimination against women and is perpetuated by de facto lack of access to nominally protective systems and remedies. International law and its implementation mechanisms provide an arena for confronting resistance to gender equality in the family, calling states to account at the highest level as well as providing a platform for domestic advocacy. (...) class='Hi'>CEDAW and the jurisprudence of its monitoring body, the Committee on the Elimination of Discrimination against Women, clearly state the paramount value of protecting the individual human rights of family members rather than maintaining family “protection” and privacy at the expense of the women within it. By ratifying, States theoretically commit themselves to this progressive position. However, the politics of state and community identity make for a more complex picture that includes multiple, sometimes overlapping, levels of acceptance and rejection. Taking as a case study the current initiative to adopt a new General Recommendation to address the economic consequences of family relations and their dissolution, this Article draws on the CEDAW Convention and the CEDAW Committee’s work to suggest a practical application of international standards to address the tangle of legal systems and identity that have disadvantaged women for centuries. Placing this initiative within the context of multiple family law regimes and the multicultural debate, the right to exit and the concept of freedom to associate and to disassociate are emphasized as crucial in confronting the phenomenon of discriminatory identitybased family legal regimes. The Article concludes with an illustration of the harmonization process required by the CEDAW Convention, taking the new General Recommendation as a model approach for meeting the international equality norms while preserving community or State identity. (shrink)