Women's rights Flashcards
1
Q
explain women’s rights history
A
- international law has a history of taking a paternalistic approach
- maternity protection (1919)
- international agreement for the suppression of the white slave trade traffic (1904)
- International Convention for the Suppression of the white slave trade traffic
- International Labour Organization Convention concerning the employment of women in underground work in mines (1935)
2
Q
explain history with the UN charter (1945)
A
- break with long-standing legal representation of women as lacking full legal and civil capacity
- art 1(4) human rights and freedoms must be enjoyed “without distinction as to sex”
- this was reaffirmed by the ICCPR and the ICESCR
- the convention on the elimination of all forms of discrimination against women (CEDAW) was adopted on December 18th, 1979
3
Q
explain the paradox of feminism
A
Are women better protected by general laws or by specific norms applicable only to women?
4
Q
what are the three approaches of CEDAW?
A
- robust understanding of equality (impact of direct/indirect discrimination)
- temporary or permanent ‘special measures’
- how to tackle inequality
5
Q
what are the limitations of CEDAW?
A
- the dualistic conception of gender (most of concepts behave by comparison)
-homogenous treatment of women, although, the Committee utilizes the concept of intersectional discrimination
6
Q
explain the CEDAW lack of reference to violence
A
- declaration on the elimination of violence against women (1993)
- the IAC on the prevention, punishment and eradication of violence against women (1994)
- the african protocol on violence against women
- istanbul convention (2011) for the council of Europe
7
Q
give the example of some cases
A
- Teixeira vs. Brazil (women discriminated against for being African)
- Kell v. Canada (women discrimination with members of First Nation)
- ON and DP v. Russia (lesbian vs. Russia because still a felony under Russian law)
