Reading Arguments Flashcards
Manjoo (Special Rapporteur)
Everywoman Everywhere Coalition pushing for UN Convention, hard law, to establish binding norms against violence - DEVAW is not enough and CEDAW doesn’t cover violence, indirectly addresses violence. Integrate best practices from regional treaties, tailor to meet modern challenges like cyber harassment. Acknowledges critical role of civil society organizations to push for more reforms.
(REMINDS ME OF RESPECT, PROTECT FULFILL IN CCPR GENERAL COMMENT 31)
Studies show that countries with explicit laws against domestic violence and marital rape show better social and health outcomes or women.
Related to Richards & Haglund
DeSoto
Focus on Egypt with the central argument that the poor in these (developing) countries possess significant assets, such as land and business, but these are informal and not recognized by legal system so they cannot be used as collateral, bought, sold, or transferred easily within the formal market economy.
Argument: These are “dead capital” bc they can’t generate further wealth or be leveraged for credit/investment bc of the informality.
Formalization (DeSoto, p. 16)
- To embody property rights in instruments that are:
- Universally obtainable
Not discriminated
- Standardized
Common contract, through proper channels
- Registered and governed by legal rules
Have tenants rights
- Connected to the rest of the economy
- Can grow capital from property
Formalization -> improved governance by proxy. Greater demands on gov’t for protections
Unless majority of citizens in developing countries can access formal property systems, economic reforms will not be sustainable -> cannot reach ICESCR values
Can link to Bissell
Shrader-Frechette
Establishes a threshold for harm: survival
- This creates a hierarchy of responsibility:
1) POLLUTERS
1) MOST responsible
2) POLITICAL LEADERS & REGULATORS (protect responsibility of state)
3) CITIZENS
1) Responsibilities to one another & are responsible for their own conduct
* Argument premised on central assumption: Democracy is central to protecting and promoting environmental rights
○ Able to hold governmental actors accountable in a democratic society
§ Can vote them out of office, lobby, adopt sanctions,
○ Affords citizens the power to participate in creating institutions for governance
§ Participation is our obligation
○ Those involved in governance are responsible for remedying harm
§ Connects to Ruggie principles stating that the state and companies together are responsible for remedying
Severe impacts of pollution: cancer, developmental/neurological disorders in children. Minority and poor communities disproportionately affected -> violating rights to life and health
ICCPR (health) & ICESCR (health, life)
Two forms of responsibility: ethical - individuals benefit from environmental harms imposed on vulnerable groups
democratic - based on citizens’ roles in electing leaders and participating in a system that allows EIJ to persist
Similar to Hertel
Richards & Haglund
HOW different countries implement legal frameworks to address VAW. Investigate the effectiveness. International law is an important tool for creating norms that influence domestic law, even though it has its limitations. Their translation into law varies by country.
CEDAW and other international treaties and norms establish important global standards for addressing VAW. Influence domestic legal systems even though lack direct impact
international law is beginning to recognize private matters and regulating them (like VAW in many cases)
nations that have international treaties that are incorporated into their laws tend to have better legal protections for women. Same with regional treaties
Success varies by country and community, but overall international law is not something to be overlooked for preventing and controlling VAW. Important tool. Emphasized advocacy networks and women’s movements.
- Relates to ICCPR (right to participate in public affairs, freedom of assembly)
- CEDAW
- DEVAW
Related to Mango
Hertel
Community rights/group rights & struggles against pollution and violations of environmental rights in particular. Corporate responsibility.
Argument: integrate international human rights standards into US practices to enhance accountability and justice.
- similar to Frechette
Khan
Khan is former Official for Amnesty International
* A part of the “Protect” aspect of States, they say that Companies have a responsibility:
1. To “uphold rights…within their area of control and sphere of influence…”
i. Whether in the context of their operations or in the community they do business
“…whether in the context of their operations or in the communities in which they operate”
Bissell
Importance of education and poverty alleviation. Need for rights-based approach (asking children what they need instead of just making policy)
Related to DeSoto in how informalization -> poverty -> lack of education and the cycle continues
