Without prejudice : CEDAW and the determination of women's rights in a legal and cultural context / edited by Meena Shivdas and Sarah Coleman.
2010
K3243 .W58 2010 (Map It)
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Details
Title
Without prejudice : CEDAW and the determination of women's rights in a legal and cultural context / edited by Meena Shivdas and Sarah Coleman.
Published
London : Commonwealth Secretariat, [2010]
Copyright
©2010
Call Number
K3243 .W58 2010
ISBN
9781849290135 (paperback)
184929013X (paperback)
9781848590618 (downloadable e-book)
184859061X (downloadable e-book)
184929013X (paperback)
9781848590618 (downloadable e-book)
184859061X (downloadable e-book)
Description
viii, 198 pages ; 25 cm
System Control No.
(OCoLC)528423552
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Portion of Title
UN convention on the elimination of all forms of discrimination against women (CEDAW) and the determination of women's rights in a legal and cultural context
Added Author
Added Corporate Author
Table of Contents
Abbreviations and acronyms
vii
pt. I
Background
1
1.
Introduction / Sarah Coleman
3
2.
Thoughts on the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) / Christine Chinkin
5
Why does CEDAW matter?
5
3.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and realisation of rights: reflections on standard settings and culture / Indira Jaising
9
Introduction
9
Common minimum standards
10
CEDAW: reservations and domestication
10
Staying alive
11
Concluding thoughts
12
pt. II
Towards Gender Equality: Reconciling Culture and the Law
15
4.
Culture, religion and gender: an overview / Frances Raday
17
Constitutional law
17
Constructs: culture, religion and gender
19
International human rights law
27
Human rights cases: constitutional and international
31
Theoretical framework for constitutional balancing
37
Concluding comment
48
5.
Domestication of CEDAW: points to consider for customary laws and practices / C C Nweze
49
Prefatory survey
49
Structure of the Convention
50
Distinctive features of the Convention
52
Nature of the rights in the Convention
52
Approaches to the domestication of CEDAW in selected domestic jurisdictions
54
Domesticating CEDAW in Nigeria and other jurisdictions: the challenge of customary law and practices
58
The domestication option
60
(1).
Gender hierarchy
60
(2).
Access to land/inheritance
62
(3).
Reproductive rights
69
(4).
Domestic violence
71
(5).
Sundry customs
71
Post scriptum
73
6.
Gender, culture and the law: the South African experience / Mokgadi Lucy Mailula
75
Women as mothers: recognition of their current socio-economic disadvantages
75
Women in civil marriages: property and maintenance claims
76
Women and customary law or religious marriages: property and maintenance claims
77
Women who do not marry, but live with a partner
77
Domestic violence against women, both married and unmarried
78
Women and succession and the tension between gender and culture
79
7.
Scope of regional instruments: a perspective on the Southern and East Africa region / Gladys M Nhekairo Mutukwa
81
Background
81
Regional picture
82
Way forward
85
8.
Last but not least: CEDAW and family law / Cassandra Balchin
87
9.
Gender analysis of child support in the Caribbean: legal, socioeconomic and cultural issues for consideration / Jacqueline Sealy-Burke
95
Background
95
Persistent dualities
97
Gendered realities and conflict dominate the legal process
99
Embattled enforcement and poor compliance
100
Poor collections system
101
Uneven use of attachment
101
Poor social welfare response to female poverty and dependency
101
Consensus-driven pragmatic resolution of child support disputes
103
Endnote
103
10.
Women's dignity and rights: situating Pacific experiences / Mere Pulea
107
Introduction
107
Non-discrimination on the ground of sex
107
Positioning of customary law in the legal system
108
Customary rules incorporated in statutes
109
Repugnancy doctrine
109
Status of customary law
110
Ascertainment of customary law
110
Women's Inheritance and Succession Rights
111
Women's inheritance rights to land
111
Laws of succession
113
Married Women's Property at the Dissolution of Marriage
115
Customary rules
115
Statutes
116
Traditional roles and fault in property distribution
117
Domestic Violence
118
Violence against women
118
International Human Rights Conventions
120
Conclusion
122
References
123
pt. III
From Aspirations to Entitlements
125
11.
Promoting the human rights of women and girls through developing human rights jurisprudence and advancing the domestication of international human rights standards
127
Background
127
Bangalore Principles, 1988
128
Victoria Falls Declaration, 1994
130
Hong Kong Conclusions, 1996
135
Georgetown Recommendations and Strategies for Action, 1997
138
12.
Realising universal rights in national jurisdictions
145
McBain v. State of Victoria and Others
145
Woodall v. R
147
Roches v. Wade as and representing the Managing Authority of Catholic Public Schools
149
Attorney General of Botswana v. Unity Dow
151
Forbang Micheal Ndenge v. Cecilia Manka and Others
158
Anuj Garg and Others v. Hotel Association of India and Others
159
C Masilamani Mudaliar and Others v. Idol of Sri Swaminathaswami Thirukoil and Others
162
Vishaka and Others v. State of Rajasthan and Others
164
Muojekwo and Others v. Ejikeme and Others
168
Humaira Mehmood v. Sho North Cantt Lahore and Others
170
Gumede v. President of the Republic of South Africa and Others
172
Ephrahim v. Pastory and Kaizilege
175
Tepulolo v. Pou
177
Joli v. Joli
180
Longwe v. Intercontinental Hotels
185
pt. IV
Afterword
189
13.
CEDAW and the Committee: personal reflections / Savitri Goonesekera
191
14.
CEDAW: reflections on the framework in the context of culture / Farida Shaheed
193
15.
Reflections on CEDAW / Radhika Coomaraswamy
195
16.
Endnote / Sarah Coleman
197