Stereotypes and human rights law / edited by Eva Brems, Alexandra Timmer.
2016
K3240 .S7455 2016 (Map It)
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Details
Title
Stereotypes and human rights law / edited by Eva Brems, Alexandra Timmer.
Published
Cambridge, United Kingdom : Intersentia, [2016]
Copyright
©2016
Call Number
K3240 .S7455 2016
ISBN
9781780683683 (paperback)
1780683685 (paperback)
1780683685 (paperback)
Description
viii, 198 pages ; 24 cm
System Control No.
(OCoLC)950688780
Summary
"Stereotypes are beliefs about groups of people. Some examples, taken from human rights case law, are the notions that 'Roma are thieves', 'women are responsible for childcare', and 'people with a mental disability are incapable of forming political opinions'. Increasingly, human rights monitoring bodies (including the European and inter-American human rights courts, the Committee on the Elimination of Discrimination against Women, and the Committee on the Elimination of Racial Discrimination) voice concerns about stereotyping and warn states not to enforce harmful stereotypes. Human rights bodies thus appear to be starting to realise what social psychologists discovered a long time ago: that stereotypes underlie inequality and discrimination. Despite their relevance and their legal momentum, however, stereotypes have so far received little attention from human rights law scholars. This volume is the first one to broadly analyse stereotypes as a human rights issue. The scope of the book includes different stereotyping grounds (such as race, gender, and disability). Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system"--Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Gift
Purchased from the income of the Soll Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Introduction / Alexandra Timmer
1
1.
Stereotyping as a Human Rights Issue: Crosscutting Themes
2
2.
Overview of the Volume
5
Building Momentum Towards Change. How the UN's Response to Stereotyping is Evolving / Simone Cusack
11
1.
Introduction
11
2.
Key Developments in UN Responses to Stereotyping
13
2.1.
There is Greater Visibility of Stereotyping within the UN
14
2.1.1.
Gender Stereotyping
14
2.1.2.
Disability Stereotyping
20
2.1.3.
Other Types of Stereotyping
24
2.2.
Analysis of Gender Stereotyping is More Sophisticated
26
2.2.1.
Language Used to Engage with Gender Stereotyping is More Nuanced
27
2.2.2.
Analysis of the Impact of Stereotyping is More In-Depth
28
2.3.
OHCHR is Playing a Leadership Role on Stereotyping
30
3.
Strategies for Strengthening UN Responses to Stereotyping
31
3.1.
Build Capacity to Understand and Identify Stereotypes Accurately
32
3.1.1.
Failure to Identify Stereotypes Accurately
32
3.1.2.
Build Capacity of UN Mechanisms
33
3.2.
Elaborate State Obligations Related to Stereotyping
34
3.2.1.
Limited Guidance on State Obligations Related to Stereotyping
34
3.2.2.
Elaborate State Obligations Related to Stereotyping
34
3.3.
Highlight Good Practice Examples of Challenging Stereotyping
36
3.3.1.
Limited Awareness of Effective Responses to Stereotyping
36
3.3.2.
Identify and Highlight Measures that are Bringing about Positive Change
37
4.
Conclusion
37
Gender Stereotyping in Domestic Violence Cases. An Analysis of the European Court of Human Rights' Jurisprudence / Alexandra Timmer
39
1.
Conceptual and Legal Framework
40
1.1.
On Stereotypes
40
1.2.
Gender Stereotypes as a Root Cause of Violence Against Women in International Human Rights Law
42
2.
Naming and Contesting Gender Stereotypes in Domestic Violence Case Law
48
2.1.
Naming Gender Stereotypes and Exposing their Harms
48
2.1.1.
Women are (or Ought to be) Weak, Passive and Helpless
49
2.1.2.
Women Ought to be Submissive
51
2.1.3.
Women (Ought to) Endure Men's Aggressiveness or Violence (and Other Gender Stereotypes)
54
2.1.4.
Women are Financially Dependent
55
2.1.5.
Women are Mothers and Homemakers (and Other Gender Stereotypes)
57
2.2.
Contesting Gender Stereotypes
61
2.2.1.
Contesting Individuals' Stereotyping: States' Positive Obligations
61
2.2.2.
Contesting Gender Stereotyping by the State: Discrimination
63
3.
Conclusion
65
Gender Stereotyping in the Case Law of the Inter-American Court of Human Rights / Veronica Undurraga
67
1.
Inter-American Human Rights System
68
2.
Gender and Gender Stereotyping in the Inter-American Human Rights System
69
2.1.
Cotton Field Case
70
2.2.
Atala Case
74
3.
Some Common Approaches to Both Cases
77
4.
Debunking Gender Stereotypes through Adjudication
81
5.
Separating the Wheat from the Chaff
83
6.
Preparing for Backlash
89
`My Sense of Humanity Has Gone Down the Drain'. Stereotypes, Stigma and Sanism / Michael Perlin
95
1.
How Stereotypes Limit Human Rights
97
1.1.
Lack of Dignity
100
1.2.
Stereotypes Contaminate Legislative Debate
102
1.3.
`Hearts and Minds'
104
1.4.
Value of Test Cases
106
1.5.
Relationship to Other Sorts of Stigma and Stereotypes
110
1.6.
Impact of the CRPD
112
2.
Therapeutic Jurisprudence
114
3.
Conclusion
117
Racial Stereotypes and Human Rights / Mathias Moschel
119
1.
Racial Stereotypes and Violence
121
1.1.
In Relation to State-Organised Violence/Genocide
121
1.2.
Racially Motivated/Biased Violence by State or Public Actors
123
1.3.
Racially Motivated/Biased Violence by Private Actors
126
2.
Racial Stereotypes in the Absence of Violence
127
2.1.
Racial Bias in Court Decisions
127
2.2.
Racial Profiling
128
2.3.
Racial Imagery or Depictions not Leading to Violence
129
3.
Specialised Human Rights Bodies Against Racism
131
3.1.
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
131
3.1.1.
Article 7
131
3.1.2.
Article 4
134
3.2.
European Commission against Racism and Intolerance (ECRI)
136
4.
Fighting Racial Stereotypes through Human Rights in the Future?
137
Head of the Woman is the Man. The Failure to Address Gender Stereotypes in the Legal Procedures around the Dutch SGP / Rikki Holtmaat
143
1.
SGP: its Origins and Principles, and the Political and Legal Responses to its Discriminatory Policy
146
1.1.
SGP: its Origins and Principles
146
1.2.
Position of the Dutch Government as Regards the SGP
149
1.3.
Legal Procedures Against the SGP and Against the Dutch State Supporting the SGP
151
2.
Construction of the Legal Problem as an Issue of Unequal Treatment of Women
154
2.1.
Four Different Possibilities to Legally Address the SGP's Policy to Exclude Women from Political Participation
155
2.2.
Construction of the SGP's Policy as a Case of Unequal Treatment of Women
159
2.3.
Impossibility of Justifying Discrimination Against Women with an Appeal to Traditional Gender Roles
165
3.
Metaphors Used in the Justification Test in Sex-Equality Cases
167
3.1.
Disastrous Language of Conflicting Rights
167
3.2.
Towards Using a Different Metaphor
170
4.
Conclusion
171
Gender Stereotyping in the Military. Insights From Court Cases / Cornelia Weiss
175
1.
Introduction
175
2.
Analysis of Cases
178
2.1.
Exclusion Cases
178
2.2.
Unequal Treatment Cases
188
2.3.
Sexual Assault Cases
192
3.
Conclusion
197