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Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems

Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems

Author: Maria Sjoholm
Publisher: Brill Nijhoff
ISBN: 9789004343566
Published In: October 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harms in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such harms as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights.

The book offers an in-depth account not only of the manner in which such harms have been integrated into general human rights law treaties, but also their categorization as human rights norms and the scope of attached state obligations.

Part I: Women’s Rights in Regional Human Rights Regimes

1. Introduction

1.1 Background

1.2 Research Questions

1.3 Materials and Delimitations

1.4 Structure

2. The Regional Human Rights Law Systems

2.1 Introduction

2.2 The European Human Rights Law System

2.3 The Inter-American Human Rights Law System

2.4 The African Human Rights Law System

Part II: Theoretical Perspectives

3. Feminist Legal Methods and Theories

3.1 What Are Women’s Rights? The Controversies of Categorization: Women, Sex or Gender

3.2 Feminist Legal Methods in International Law

3.3 Feminist Theoretical Approaches and Gaps in Human Rights Law Protection

3.4 Consequences of Gaps in Protection

3.5 Summary

4. Considering Gender in Norm Interpretation

4.1 Integrating Women’s Rights – A Reinterpretation of the Scope of Rights

4.2 Gender Mainstreaming

4.3 Gender-Sensitive Interpretation of Rights

4.4 Acknowledging Gender Stereotyping

4.5 Treaty Interpretation Methods by the Regional Human Rights Courts

4.6 Introducing Positive Obligations for States and the Duty to Protect

4.7 Acknowledging Vulnerability

4.8 Acknowledging Intersectionality

4.9 Concluding Remarks

Part III Regional Jurisprudence on Women’s Rights

5. Non-Discrimination And Equality

5.1 Introduction

5.2 The European Court of Human Rights

5.3 The Inter-American Human Rights System

5.4 The African Commission on Human and Peoples’ Rights

5.5 Summary

6. Sexual Violence

6.1 Introduction

6.2 Feminist Discourse

6.3 The European Court of Human Rights

6.4 The Inter-American Human Rights System

6.5 The African Commission on Human And Peoples’ Rights

6.6 Final Reflections

7. Forced Nudity

7.1 Introduction

7.2 Feminist Discourse

7.3 The European Court of Human Rights

7.4 The Inter-American Human Rights System

7.5 The African Commission on Human and Peoples’ Rights

7.6 Discussion

8. Forced Gynecological Examinations

8.1 Introduction

8.2 Feminist Discourse

8.3 The European Court of Human Rights

8.4 The Inter-American Human Rights System

8.5 The African Commission on Human and Peoples’ Rights

8.6 Concluding Remarks

9. Domestic Violence

9.1 Introduction

9.2 Feminist Discourse

9.3 The European Court of Human Rights

9.4 The Inter-American Human Rights System

9.5 The African Commission on Human and Peoples’ Rights

9.6 Final Remarks

10. Slavery, Servitude, Forced Labour and Human Trafficking

10.1 Introduction

10.2 Feminist Discourse

10.3 The European Court of Human Rights

10.4 The Inter-American Human Rights System

10.5 The African Commission on Human and Peoples’ Rights

11. Reproductive Rights

11.1 Introduction

11.2 Which Human Rights?

11.3 Feminist Discourse

11.4 Access to Abortion

11.5 Forced and Coerced Sterilization

11.6 Assisted Reproductive Technologies

11.7 Maternal Health-Care

12. Freedom Of Religion and Gender: The Islamic Headscarf

12.1 Introduction

12.2 Feminist Discourse

12.3 The European Court of Human Rights

13.

Summary And Final Reflections

13.1 Introduction

13.2 Gender-Sensitive Norm Interpretation

13.3 Theoretical Impediments to Gender-Sensitivity

13.4 Final Reflections

Bibliography

Index.

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