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Women's Human Rights CEDAW in International, Regional and National Law

Author: Anne Hellum; Henriette Sinding Aasen
Publisher: Cambridge University Press
ISBN: 9781107034624
Published In: July 2013
Format: Hardback , 695 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.

• Puts the law of development cooperation in its broader historical, political and theoretical contexts, thereby helping academics and practitioners gain a solid understanding of the normative standards applicable

• Guides other researchers by outlining principles, setting out a general framework and posing further questions to be examined

• Clarifies the normative standards with which development aid institutions must comply, helping practitioners hold donor organizations responsible

Notes on contributors	viii
Preface and acknowledgements	xvii
List of abbreviations	xix
Introduction Anne Hellum and Henriette Sinding Aasen	1
Part I Potential added value of the CEDAW	25
1 The Committee on the Elimination of Discrimination against Women Andrew Byrnes	27
2 The United Nations Working Group on the Issue of Discrimination against Women in Law and Practice Fareda Banda	62
3 The CEDAW: a holistic approach to women’s equality and freedom Rikki Holtmaat	95
4 The CEDAW as a legal framework for transnational discourses on gender stereotyping Simone Cusack	124
5 From the CEDAW to the American Convention: elucidation of women’s right to a life’s project and protection of maternal identity within Inter-American human rights jurisprudence Cecilia M. Bailliet	158
6 Pulling apart? Treatment of pluralism in the CEDAW and the Maputo Protocol Celestine Nyamu Musembi	183
Part II Actual added value of the CEDAW: socio-economic rights	215
7 Engendering socio-economic rights Sandra Fredman	217
8 ‘Women’s rights are human rights!’: the practice of the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights Fleur van Leeuwen	242
9 Property and security: articulating women’s rights to their homes Ingunn Ikdahl	268
10 Maternal mortality and women’s right to health Henriette Sinding Aasen	292
Part III The CEDAW in national law	321
11 The implementation of the CEDAW in Australia: success, trials, tribulations and continuing struggle Andrew Byrnes	323
12 The Canadian experience with the CEDAW: all women’s rights are human rights – a case of treaties synergy Lucie Lamarche	358
13 India’s CEDAW story Madhu Mehra	385
14 Judicial education on the Convention on Elimination of Discrimination against Women in Nepal Kabita Pandey	410
15 From ratification to implementation: ‘domesticating’ the CEDAW in state, government and society. A case study of Pakistan Shaheen Sardar Ali	430
16 Zimbabwe and CEDAW compliance: pursuing women’s equality in fits and starts Choice Damiso and Julie Stewart	454
17 The CEDAW after all these years: firmly rooted in Dutch clay? Marjolein van den Brink	482
18 The CEDAW in the UK Sandra Fredman	511
19 Domestication of the CEDAW in France: from paradoxes to ambivalences and back again Hélène Ruiz Fabri and Andrea Hamann	531
20 Rise and fall of the CEDAW in Finland: time to reclaim its impetus Kevät Nousiainen and Merja Pentikäinen	557
21 Making space and giving voice: the CEDAW in Norwegian law Anne Hellum	588
Conclusions Anne Hellum and Henriette Sinding Aasen	625
Index	656