International Women's Day is on the 8th of March. It is a day for women to remember "nine decades of struggle for equality, justice, peace and development?. It is also an opportunity to look at the advances made in the protection of women. Women are all different but the group "women" is characterized by a troubled past of exploitation and subordination. The evolution made in the protection of women is a feature of the second half of the 20th century. To make this protection effective, legal provisions have been taken at the national level as well as the international level. The starting point was the adoption in 1979 of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) by the United Nation. This convention made it clear that there was a real problem with women and that international institutions were willing to take measures to face the problem.
[...] But there is a fundamental distinction to make between perception and reality, public and private sphere, theory and practice. I / Significant advances made in the protection of women The first mistake to avoid is to forget that the group includes women from Africa, to Europe through South America. Focusing on the protection provided at the international level aims at assessing the advances made for all the women. The idea that there are internal differences between the various societies must be kept in mind while observing how women are treated. [...]
[...] (2000) “Mainstreaming Gender Within the International Framework” in Stewart, A. Gender, Law and Social Justice London: Blackstone. - Stewart, a (2000) Contribution of Feminist Legal Scholarship to the “Rights Approach to Development” Stewart, A. Gender, Law and Social Justice London: Blackstone. International law instruments Declaration on the Elimination of Violence against Women Convention on the Elimination of All Forms of Discrimination against Women 1979 - ICESCR : International Covenant on Economic, Social and Cultural Rights 1966 - ICCPR: International Covenant on Civil and Political Rights 1966 Convention on the Political Rights of women - Four Conventions of Geneva 1949 Reports - Amnesty International, Human Rights are women's rights 85 (1995) Cases - Akayesu Judgement (1998) ICTR - The Fururundzija Judgement of the ICTY in 2001 - Celebici Judgement of the ICTY in 1998 - Kunarac Jugdement[32] in 2001 Articles - Askin, K (2003) “Prosecuting Wartime Rape and Other Gender-related Crimes under International Law: Extraordinary Advances, Enduring Obstacles”, Berkerley Journal of International law, Vol 21, pp 288- 349 - Raday, F (2003), “Culture, religion and gender” I.CON, Vol pp 663-715 - Abrams, K (2003), ”Feminists in International Human Rights Law: the Changer and the Changed”, Berkerley Journal of International law, Vol 21 pp 390-394 - Hernandez-Truyol (1996) “Women's rights as human rights: rules, realities and the role of culture: a formula for reform” Brooklyn Journal of International Law Vol 21 pp 605-678 - Mahoney, K (1996) “Theoretical perspectives on women's rights and strategies for their implementation” Brooklyn Journal of International Law Vol 21 pp 799-856 - The honourable madam Justice Louise Arbour (2003) “Crimes against women under International Journal of International Law Vol 21 pp196-217 - Blum C (2003) “Many Roads to Justice for Women” Journal of International Law Vol 21 pp 191-195 Websites - http://www.un.org/ecosocdev/geninfo/women/womday97.htm - “What is International Humanitarian Advisory service of the international committee of the red cross- www.icrc.org - www.unifem.org http://www.un.org/ecosocdev/geninfo/women/womday97.htm Raday, F (2003), “Culture, religion and gender” I.CON, Vol pp 663- 715 “What is International Humanitarian Advisory service of the international committee of the red cross International law handout McColgan, (2000) “Women under the law: the false promise of human rights”, Longman Abrams, K (2003), ”Feminists in International Human Rights Law: the Changer and the Changed”, Berkerley Journal of International law, Vol 21 pp 390-394 McColgan, (2000) “Women under the law: the false promise of human rights”, Longman Stewart, A (2000) Contribution of Feminist Legal Scholarship to the “Rights Approach to Development” Stewart, A. [...]
[...] The development of the prosecution of gender crimes had been strengthened thanks to the emergence of the International Criminal Law discipline. The Statute of the International Criminal Court (ICC) ratified in 2001 is an important step in the prosecution of crimes against women during armed conflict and especially concerning crimes of sexual violence as the article 7 of the Statute makes provision for[17]. Advances were made with the ICTY[18] and the ICTR[19] concerning the definition of rape and sexual violence but the ICC Statute covers from now on sexual slavery as well as crime of forced pregnancy. [...]
[...] The most serious violations of HRL or IHL are considered as international crimes such as slavery or torture. In the Celebici Judgement rendered by the ICTY in 1998[26], sexual violence was recognised as torture. The Kunarac Jugdement[27] in 2001 was the first conviction for enslavement in conjunction with rape. It is an important step because not even the Slavery Convention provided a clear definition of sexual slavery. This is major advance in the protection of women because rape is a part of the war strategy to get information, confessions or to humiliate. [...]
[...] This highlights the gap between International law provisions and the reality of the situations. The violence against women is a major preoccupation but their social and political rights which are for the moment left behind have to be enforced as well. The diversity and the differences between the various cultures must be respected but the protection of women must be guaranteed by the universality of non-derogable basic rights[31] regardless to other concerns such as national security or local traditions. Bibliography Books - Cassesse A “International second edition. [...]
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