From social welfare to human rights for girls – a path to achieving gender equality

2014 ◽  
Vol 10 (4) ◽  
pp. 478-493 ◽  
Author(s):  
Savitri Goonesekere
Keyword(s):  
Human Rights ◽  
Social Welfare ◽  
Gender Equality ◽  
Gender Discrimination ◽  
Substantive Equality ◽  
Law And Policy ◽  
National Human ◽  
Human Rights Norms ◽  
Social Biases

AbstractDespite international and national human rights norms and standards, gender equality remains a goal in most countries. The recent discourse on substantive equality as a strategy for addressing the gender discrimination, disadvantage and deep-rooted social biases has reinforced the importance of working towards indivisible human rights for girls and women under CRC and CEDAW. This paper uses international and comparative national experiences on law and policy to argue that the failure to adopt an indivisibility of rights approach in relation to girl children has made it more difficult to achieve a norm of substantive equality for women. It is argued that the adoption of an intergenerational and rights-based, rather than a social welfare approach, is a necessary step to achieving substantive equality for women.

Positive Duties and Gender Equality

2005 ◽  
Vol 8 (1-2) ◽  
pp. 91-120 ◽  
Author(s):  
Colm O'cinneide
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Fourth Generation ◽  
Positive Duty ◽  
Public Authorities ◽  
Substantive Equality ◽  
Promote Gender Equality ◽  
Positive Duties ◽  
And Gender ◽  
First Time

The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current government equality initiatives, increasingly constitute a major part of the work of the UK's equality commissions, and have been described as an essential part of a new ‘fourth generation’ of equality legislation. It now appears likely that a positive duty to promote gender equality will soon be imposed upon public authorities, which will complement similar race and disability duties. Will the introduction of this positive gender equality duty add to, detract or complement existing statutory provisions? Given the danger that ‘soft law’ initiatives may undermine existing anti-discrimination controls, will the duty provide a clear steer to public authorities, or will it lack teeth, substance and direction, and possibly even prove counter-productive? Such positive duties are designed to compensate for the limitations of existing anti-discrimination law, by requiring the taking of positive steps to promote equality and eliminate discrimination, rather than just compelling a reactive compliance with the letter of the (equality) law. The justifications in principle for the introduction of such duties are strong: for the first time, the introduction of a positive gender duty will impose a clear legislative obligation upon public authorities to adopt a substantive equality approach and to take proactive action to redress patterns of disadvantage linked to gender discrimination. Serious concerns do however exist as to the extent to which such duties can be enforced, and the danger that they will simply encourage greater bureaucratic activity at the expense of real change. The proposed gender duty, as with the other duties that have been introduced, is no panacea. Nevertheless, it does constitute a good start, can serve a useful function by empowering public authorities to take positive action, and if effectively used will be a very valuable point of pressure to push for better things.

scholarly journals MENUJU ASEAN POLITICAL AND SECURITY COMMUNITY : KRITIK DAN TANTANGAN POLITIK HUKUM HAM INDONESIA DALAM REGIONALISME HAM ASEAN

2014 ◽  
Vol 3 (2) ◽  
pp. 237
Author(s):  
Harison Citrawan
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Compliance ◽  
Military Discourse ◽  
Human Rights Regime ◽  
National Human ◽  
Challenges And Opportunities ◽  
Human Rights Norms ◽  
Domestic Level

Tulisan ini mencoba menganalisis regionalisme hak asasi manusia (HAM) di kawasan Asia Tenggara dari sudut pandang politik hukum HAM Indonesia. Secara khusus, analisis akan dilakukan pada bagaimana peluang dan tantangan politik hukum HAM nasional dalam mewujudkan mekanisme perlindungan HAM regional, serta bagaimana gambaran interaksi ideal antara mekanisme perlindungan HAM di tingkat regional dengan nasional. Menggunakan pendekatan analisis rezim dan dipadukan dengan konsep kepatuhan hukum, tulisan ini mengajukan proposisi bahwa regionalisme HAM dalam kerangka kerja ASEAN akan sia-sia apabila tidak diikuti dengan tingkat kepatuhan hukum ( legal compliance ) negara-negara anggota ASEAN terhadap norma dan prinsip HAM di tingkat domestik. Dalam konteks politik hukum HAM nasional, terdapat setidaknya tiga dimensi tantangan yang perlu diperhatikan dalam masa mendatang yang meliputi: desentralisasi, diskursus militer-HAM, dan skeptisisme terhadap hukum HAM internasional. Tulisan ini menyimpulkan bahwa terdapat kebutuhan akan harmoni dalam reposisi politik hukum HAM baik di tingkat nasional dan regional, agar norma yang telah disepakati pada tingkat internasional dapat diimplementasikan dan diterjemahkan di tingkat regional, dan yang lebih penting lagi ialah agar regionalisme HAM ASEAN dapat memberi pengaruh terhadap domestikasi nilai dan prinsip HAM di Indonesia.<p>This paper attempts to analyze human rights regionalism in ASEAN from Indonesia’s national human rights politics perspective. In particular, an analysis will be taken on challenges and opportunities of the national human rights politics in establishing a stronger regional human rights mechanism, and how an ideal interaction between regional and national human rights mechanisms should be drawn. Using regime analysis approach and combined with legal compliance concept, this paper proposes that ASEAN human rights regime would be superfluous if it is not followed by member states’ legal compliance upon human rights norms and principle in domestic level. In the context of national human rights politics, there are at least three challenging dimensions that ought to be considered in the future, namely: decentralization, human rights-military discourse, and international human rights law skepticism. This paper thus concludes that there is a need to harmonize the human rights politics in both national and regional level, so that any internationally accepted norms will be implemented and applied into ASEAN human rights regionalism, and equally important is to ensure that such a regionalism is capable in influencing human rights values and principles domestication in Indonesia.</p>

scholarly journals HAK-HAK PEREMPUAN DALAM PENGARUSUTAMAAN RATIFIKASI CEDAW DAN MAQĀṢID ASY-SYARĪ‘AH

2017 ◽  
Vol 9 (2) ◽  
pp. 201
Author(s):  
ARIFAH MILLATI AGUSTINA
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Millennium Development Goals ◽  
International Community ◽  
Special Treatment ◽  
Men And Women ◽  
Substantive Equality ◽  
Millenium Development Goals ◽  
Development Goals ◽  
The Right

A concern in the elimination of discrimination against women with special treatment is recognized by the international community. This is manifested in the convention on the elimination of all forms of discrimination against women (CEDAW), which aims at achieving the equality and justice. The elimination of discrimination acts as the mainstreaming of women towards the gender equality. It is even formulated as a basic need for the promotion of the human rights in the millennium development goals. This article discusses maqāṣid asy-syarī'ah with the principle of substantive equality, the principle of non-discrimination in the fulfillment of basic freedoms and human rights, and the principle of state obligation that has the responsibility to ensure the realization of the right equality of men and women using the approach of al-maṣlaḥah.[Perhatian pada penghapusan diskriminasi terhadap perempuan dengan perlakuan khusus diakui oleh dunia Internasional. Hal ini diwujudkan dalam Convention on the Elimination of All Forms of Discrimination Againts Women (CEDAW) yang bertujuan untuk mencapai persamaan dan keadilan. Penghapusan diskriminasi tersebut berperan sebagai pengarusutamaan perempuan menuju kesetaraan gender. Bahkan hal ini dirumuskan sebagai kebutuhan dasar pemajuan hak asasi manusia dalam millenium development goals. Tulisan ini mendiskusikan maqāṣid asy-syarī'ah dengan prinsip kesetaraan substantif, prinsip non-diskriminasi dalam pemenuhan kebebasan-kebebasan dasar dan hak asasi manusia, serta prinsip kewajiban negara yang memiliki tanggungjawab untuk memastikan terwujudnya persamaan hak laki-laki dan perempuan, dengan menggunakan pendekatan al-maṣlaḥah.]

scholarly journals Engines of Patriarchy: Ethical Artificial Intelligence in Times of Illiberal Backlash Politics

2021 ◽  
Vol 35 (3) ◽  
pp. 329-342
Author(s):  
Hendrik Schopmans ◽  
Jelena Cupać
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Technological Change ◽  
Gender Equality ◽  
International Organizations ◽  
Gender Norms ◽  
Fundamental Rights ◽  
Ai Ethics ◽  
Human Rights Norms ◽  
Rules And Standards

AbstractIn recent years, concerns over the risks posed by artificial intelligence (AI) have mounted. In response, international organizations (IOs) have begun to translate the emerging consensus on the need for ethical AI into concrete international rules and standards. While the path toward effective AI governance faces many challenges, this essay shifts attention to an obstacle that has received little attention so far: the growing illiberal backlash in IOs. Prompted by Poland's recent rejection of a European position on AI due to the document's mention of “gender equality,” we argue that Poland followed a strategy that illiberal actors now regularly employ in IOs. To combat gender norms and women's rights across issue areas, illiberal contesters first identify the progressive language in international documents and then threaten to veto those documents—unless such language is watered down or removed. This spoiling strategy, we argue, may not only lead to the compromising of fundamental human rights norms but may also prevent much needed rules for AI from being adopted altogether. Against this background, we urge scholars and practitioners concerned with AI ethics to pay closer attention to illiberal backlash politics. IOs are emerging as spaces where progressive AI rules and standards are increasingly contested—and where they need to be defended to safeguard fundamental rights in an age of rapid technological change.

National Human Rights Commissions and Asian Human Rights Norms

2012 ◽  
Vol 3 (1) ◽  
pp. 77-99
Author(s):  
Andrew WOLMAN
Keyword(s):  
Human Rights ◽  
The Elderly ◽  
Government Control ◽  
International Human Rights ◽  
National Human ◽  
Societal Actors ◽  
International Human ◽  
Human Rights Norms ◽  
National Human Rights Commissions ◽  
Rights Issues

Ever since the beginning of the “Asian Values” debate in the early 1990s, there have been efforts on the part of many societal actors to establish distinctively Asian human rights norms that integrate local customary values and international human rights norms. This article presents the claim that National Human Rights Commissions in Asia are well placed to play an important role in this effort to develop localized human rights norms because of their close links with local civil actors, along with their independence from government control, pluralistic make-up, and ability to address complex rights issues in detail. The article also presents a study of how the National Human Rights Commission of Korea has used its powers to prioritize and promote a particularly Korean version of the human rights of the elderly.

scholarly journals Influence of the European Court of Human Rights Practice on the Implementation of the Principle of Gender Equality in Ukraine

2021 ◽  
pp. 17-30
Author(s):  
Yurii Voloshyn ◽  
Nataliia Mushak
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Gender Discrimination ◽  
Equal Rights ◽  
Council Of Europe ◽  
European Court ◽  
Participation Of Women ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
And Gender

The article analyses the modern court decisions of the European Court of Human Rights on the formation and implementation of the principle of gender equality in Ukraine. The research defines that the importance of ensuring equal rights and opportunities for women and men for Ukraine was because Ukraine is a member of all major international and European regional agreements in the field of human rights. The authors state that this is due both to Ukraine's general commitments to promoting respect for human rights and fundamental freedoms and their adherence, as well as the fact that its participation in European integration processes is important for Ukraine. The research stipulates that gender equality provides equal rights for women and men, as well as their same significance, opportunities, responsibilities and participation in all spheres of public and private life. The authors prove that the pioneering work of the Council of Europe in the field of human rights and gender equality contributed to the development of a comprehensive legal framework. Gender equality is one of the organization's priority areas of activity, and the Council of Europe continues to actively address current and emerging challenges and address barriers to achieving real and complete gender equality. The research investigates the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 in terms of prohibition of discrimination and ensuring gender equality. It also determines that the conceptual principles of these documents are the protection of human rights, support for democracy and ensuring the principle of the rule of law. The article states that, in particular, the modern legal instrument in the field of gender equality is the Council of Europe's Gender Equality Strategy 2018–2023. The document provides for the achievement of the main six goals. These include combating gender stereotypes and gender discrimination; preventing and combating violence against women; ensuring equal access of women to justice; ensuring equal participation of women and men in political and public decision-making; implementation of the strategy for achieving gender equality in politics and all activities; protection of the rights of migrants, refugees, women and girls seeking asylum. The authors prove that the establishment of the European value of gender equality should be ensured both in society as a whole and in its various institutions, in particular. This is primarily to prevent gender discrimination, ensure equal participation of women and men in making socially important decisions, ensuring equal opportunities for women and men to combine professional and family responsibilities, prevent gender violence, etc. Keywords: Gender Equality, European Standards, Legal Mechanism, European Court of Human Rights, Discrimination, Equal Rights.

24. Within the state

2017 ◽  
Author(s):  
Andrew Byrnes ◽  
Catherine Renshaw
Keyword(s):  
Human Rights ◽  
Common Law ◽  
International Human Rights ◽  
General Law ◽  
National Human ◽  
Protection Of Human Rights ◽  
The Common ◽  
Human Rights Norms ◽  
National Human Rights Institutions ◽  
Domestic Law

This chapter examines the state’s role in promoting and protecting human rights, and is organized as follows. Section 2 deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. Section 3 considers institutional protections of human rights. It briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.

Gender Equality – Legal Reality in Albania

2014 ◽  
Vol 1 (1) ◽  
pp. 268
Author(s):  
Enejda Osmanaj
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Gender Discrimination ◽  
Rural Areas ◽  
Urban Areas ◽  
Legal Protection ◽  
University Education ◽  
The Law

The objective for gender equality policy is that women and men must have the same power to shape society and their own lives. While equality is an essential component of the human rights' protection, gender in equalities are still present in our society. One of the most serious violations of gender equality is violence against women. Violence against women is a form of discrimination, which is rooted in gender inequality. According to a study by INSTAT (2007), 27, 6% of women reported that violence had started after marriage. Abused women often were unwilling, to talk openly about domestic violence. in terms of urban versus rural differences, women in rural areas were significantly more likely to "ever" experience domestic violence of all types, compared to women in urban areas. There were also significant differences based on level of education. Women with a primary education were significantly more likely to "ever" experience domestic violence of all types, compared to women with a basic education or less, secondary education, and a university/post-university education. While women with a university/post-university education were least likely to "ever" experience domestic violence of all types, they were not immune to domestic violence in their marriage/intimate relationships simply because they were highly educated. Since 1993, Albania is part of Convention "On the Elimination of All Forms of Discrimination against Women" (1981) (CEDAW), in order to prevent gender inequalities, as well as to ensure wisely the protection of women from discrimination in higher levels. Other Albanian legal acts, as The Constitution of the Republic of Albania, the law no. 10 221/2010 "On Protection from Discrimination", the law no. 9970/2008 "On gender equality in the society" etc. intend to protect women, to prevent gender discrimination and to ensure gender equality. Albanian National Strategy on Gender Equality and Violence in Family (2011-2015) had also a great importance on setting some levels on gender equality. But unfortunately, gender discrimination and violence against women is still a very widespread phenomenon in Albania. Statistical data reflect a very cruel reality. Women's rights are an integral and indivisible part of fundamental human rights and a real, applicable, legal protection is needed.

Africa's National Human Rights Institutions and the Responsibility to Protect

2010 ◽  
Vol 2 (4) ◽  
pp. 458-478
Author(s):  
Webster Zambara
Keyword(s):  
Human Rights ◽  
Vulnerable Groups ◽  
International Human Rights ◽  
National Human ◽  
Micro Level ◽  
International Human ◽  
Human Rights Norms ◽  
National Human Rights Institutions ◽  
The Cold War

AbstractThe essay argues that one of the greatest shifts in the international humanitarian order heralded by the end of the Cold War has been the concept of holding state sovereignty accountable to an international human rights standard. It argues that while the concept of R2P has generally focused on humanitarian intervention at a macro level, the period since the 1990s has also witnessed an increase of micro-level institutions, in the form of National Human Rights Institutions (NHRIs) that can advance R2P, including 31 such institutions in Africa. NHRIs can potentially bolster R2P and foster peace in countries in which they operate. The general popularity of R2P as an international standard is contrasted with the great suspicion with which it is regarded by a number of governments—particularly in Africa, where sovereignty is guarded with passion as a result of the anticolonial struggles that gave birth to national independence on the continent. The author further argues that NHRIs—when properly institutionalised and functioning optimally—can play an important role in protecting the rights of vulnerable groups, and have the potential to help countries attain international human rights norms and standards without unduly threatening their sovereign independence. The essay examines the role of NHRIs in the four cases of Sierra Leone, Uganda, Tanzania and South Africa, and assesses the establishment and operation of African NHRIs using measures formulated by the internationally agreed Paris Principles of 1993.

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