Human Rights

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

Edited by Anne Hellum · Henriette Sinding Aasen
Cambridge University Press July 2013

Specifications

ISBN-13
9781107034624
Publisher
Cambridge University Press
Publication
July 2013
Format
Hardback , 695 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Anne Hellum
Universitetet i Oslo

Henriette Sinding Aasen
Universitetet i Bergen, Norway

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