Without prejudice : CEDAW and the determination of women's rights in a legal and cultural context

Format:

Book

Contributor:

Commonwealth Secretariat, Content Provider.

Shivdas, Meena, Contributor.

Coleman, Sarah, Contributor.

Language:

English

Subjects (All):

Sex discrimination against women--Commonwealth countries.

Sex discrimination against women.

United Nations. Committee on the Elimination of Discrimination Against Women.

United Nations.

Physical Description:

1 online resource (208 pages)

Other Title:

VLex Libros (Servicio en línea)

Place of Publication:

[Place of publication not identified] Commonwealth Secretariat 2010

Language Note:

English

Summary:

CEDAW - the UN Convention on the Elimination of All Forms of Discrimination against Women - is a powerful international human rights instrument that reflects a global determination to achieve gender equality. Turning aspiration into reality presents many challenges, particularly in relation to the process of adjudicating on women's rights in both legal and cultural contexts.This book looks at the range of cultural and legal challenges relating to the implementation of CEDAW, and the individual approaches adopted in various jurisdictions and contexts across the Commonwealth. Commonwealth declarations in support of CEDAW and initiatives from numerous Commonwealth countries are brought together here to support continuing efforts to address these issues.This practical guide will inform and assist judges, adjudicators, lawyers and activists to advance the implementation of the principles of CEDAW within jurisdictions connected historically by the application of the common law.

Contents:

Cover

Contents

Abbreviations and acronyms

Part I: Background

1. Introduction

2. Thoughts on the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Why does CEDAW matter?

3. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and realisation of rights: reflections on standard settings and culture

Introduction

Common minimum standards

CEDAW: reservations and domestication

Staying alive

Concluding thoughts

Part II: Towards Gender Equality: Reconciling Culture and the Law

4. Culture, religion and gender: an overview

Constitutional law

Constructs: culture, religion and gender

International human rights law

Human rights cases: constitutional and international

Theoretical framework for constitutional balancing

Concluding comment

5. Domestication of CEDAW: points to consider for customary laws and practices

Prefatory survey

Structure of the Convention

Distinctive features of the Convention

Nature of the rights in the Convention

Approaches to the domestication of CEDAW in selected domestic jurisdictions

Domesticating CEDAW in Nigeria and otherjurisdictions: the challenge of customary law and practices

The domestication option

(1) Gender hierarchy

(2) Access to land/inheritance

(3) Reproductive rights

(4) Domestic violence

(5) Sundry customs

Post scriptum

6. Gender, culture and the law: the South African experience

Women as mothers: recognition of their current socioeconomic disadvantages

Women in civil marriages: property and maintenance claims

Women and customary law or religious marriages: property and maintenance claims

Women who do not marry, but live with a partner

Domestic violence against women, both married and unmarried.

Women and succession and the tension between gender and culture

7. Scope of regional instruments: a perspective on the Southern and East Africa region

Background

Regional picture

Way forward

8. Last but not least: CEDAW and family law

9. Gender analysis of child support in the Caribbean: legal, socioeconomic and cultural issues for consideration

Persistent dualities

Gendered realities and conflict dominate the legal process

Embattled enforcement and poor compliance

Poor collections system

Uneven use of attachment

Poor social welfare response to female poverty and dependency

Consensus-driven pragmatic resolution of child support disputes

Endnote

10. Women's dignity and rights: situating Pacific experiences

Non-discrimination on the ground of sex

Positioning of customary law in the legal system

Customary rules incorporated in statutes

Repugnancy doctrine

Status of customary law

Ascertainment of customary law

WOMEN'S INHERITANCE AND SUCCESSION RIGHTS

Women's inheritance rights to land

Laws of succession

MARRIED WOMEN'S PROPERTY AT THE DISSOLUTIONOF MARRIAGE

Customary Rules

Statutes

Traditional roles and fault in property distribution

DOMESTIC VIOLENCE

Violence against women

INTERNATIONAL HUMAN RIGHTS CONVENTIONS

Conclusion

References

Part III: From Aspirations to Entitlements

11. Promoting the human rights of women and girls through developing human rights jurisprudence and advancing the domestication of international human rights standards

Bangalore Principles, 1988

Victoria Falls Declaration, 1994

Hong Kong Conclusions, 1996

Georgetown Recommendations and Strategies for Action, 1997

12. Realising universal rights in national jurisdictions

McBain v. State of Victoria and Others.

Woodall v. R

Roches v. Wade as and representing the Managing Authority of Catholic Public Schools

Attorney General of Botswana v. Unity Dow

Forbang Micheal Ndenge v. Cecilia Manka and Others

Anuj Garg and Others v. Hotel Association of India and Others

C Masilamani Mudaliar and Others v. Idol of Sri Swaminathaswami Thirukoil and Others

Vishaka and Others v. State of Rajasthan and Others

Muojekwo and Others v. Ejikeme and Others

Humaira Mehmood v. Sho North Cantt Lahore and Others

Gumede v. President of the Republic of South Africa and Others

Ephrahim v. Pastory and Kaizilege

Tepulolo v. Pou

Joli v. Joli

Longwe v. Intercontinental Hotels

Part IV: Afterword

13. CEDAW and the Committee: personal reflections

14. CEDAW: reflections on the framework in the context of culture

15. Reflections on CEDAW

16. Endnote.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on publisher supplied metadata and other sources.

ISBN:

1-283-43872-0

9786613438720

1-84859-061-X

OCLC:

775420478