Women's Human Rights Resources Database

 

Your search for the subject "Key Treaties and Texts" found 58 records.

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Documents by United Nations Bodies and Agencies

1
United Nations Entity for Gender Equality and the Empowerment of Women, Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women,

This study examines the violence experienced by Indigenous girls, adolescents, and young women in Africa, Asia Pacific, and Latin America. It considers the structural and underlying causes and risk factors for such violence and provides an overview of the current initiatives taking place at a national level. The study focuses on the pervasiveness of violence against women and girls and how it relates to recognized human rights, such as the right to education and health. It also highlights the correlation between the high risk of violence to Indigenous women and the ongoing marginalization of Indigenous peoples. The study concludes that protection of Indigenous women's right to be free from violence is essential to a fulsome implementation of CEDAW, CRC, and UNDRIP.

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2
Landsberg-Lewis, Illana, Bringing Equality Home Implementing the Convention on the Elimination of All Forms of Discrimination Against Women , New York: UNIFEM, 1998

This booklet surveys the ways in which the Women's Convention has been used in national courts and by women's rights advocates to enforce the human rights of women. It's main objective, however, is not to document the past but to promote an increased use of the Women's Convention in domestic advocacy. To that end, this booklet outlines the various ways in which the Convention can have an impact on national laws and policies, the procedures for filing a report with the Committee that oversees the Convention, as well as a list of contacts and bibliographic references.

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3
Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights, Report of the Secretary General, U.N. Doc. A/53/469, October 8, 1998.

This report contains the steps taken to implement General Assembly Resolution 52/118 (Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights). The Report includes a description of the plan of action to strengthen the implementation of the Convention on the Rights of the Child (CRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also comments on the role of treaty bodies in identifying possibilities for technical assistance, and focuses on the links between human rights and other activities undertaken by the United Nations system and the need for human rights treaty bodies to complement each other in their work.

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4
Committee on Economic, Social and Cultural Rights, General Comment 16 (2005): Equal Right of Men and Women to the Enjoyment of all Economic, Social and Cultural Rights, E/C.12/2005/3

The equality of men and women in the enjoyment of all human rights is enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR). This General Comment issued by the Committee on Economic, Social and Cultural Rights discusses the equality protection offered by the Covenant. First, the General Comment outlines the conceptual framework (equality, non-discrimination, temporary special measures). Second, it discusses states parties' obligations regarding men and women's equal right to the enjoyment of their economic, social and cultural rights. Finally, the General Comment addresses the steps that are necessary to implement the equality provisions encompassed in the ICESCR, and the matter of violations.

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5
Human Rights Committee, General Comment 3: Implementation at the National Level (Article 2) , CCPR, 13th Session, 1981

Dated July 31, 1981, this brief General Comment by the Human Rights Committee (HRC) calls attention to States Parties' commitments to ensure the enjoyment of Covenant rights to all individuals under their jurisdiction. The Committee stresses the importance of training administrative and judicial authorities to be aware of obligations under the International Covenant on Civil and Political Rights (ICCPR).

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6
Human Rights Committee, General Comment 4: Article 3, U.N. Doc. HRI\GEN\1\Rev, 13th Session, 1981.

Article 3 of the International Covenant on Civil and Political Rights (ICCPR) requires States Parties to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the Covenant. The Human Rights Committee (HRC) indicates here that the full domestic implementation of these rights is not possible by protective laws alone but requires affirmative action designed to ensure the positive enjoyment of rights.

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7
Committee on Economic, Social and Cultural Rights, General Comment 9: The Domestic Application of the Covenant, E/C.12/1998/24

In this General Comment, dated December 3, 1998, the Committee on Economic, Social and Cultural Rights addresses States Parties' obligations to give effect to the rights recognized in the Covenant. The Committee emphasizes that modifications to the domestic legal order may be necessary to fulfil treaty obligations. Although the Covenant does not expressly require judicial remedies, the Committee notes that a failure to provide such remedies must be justified. General Comment 9 also addresses the means of implementation into the domestic legal order; the desirability of direct incorporation; the role of legal remedies such as administrative procedures; and the treatment of the Covenant in domestic courts.

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8
Economic and Social Commission for Asia and the Pacific, Human Rights and the Legal Statuts of Women in the Asian and Pacific Region, New York: United Nations, 1997, 68 Pages.

This study, prepared by Ms Savitri Goonesekere, presents a basic overview of gender equality at law and the use of international standards to promote equality in the Asian and Pacific regions. The study is divided into four parts: Introduction; The Reception of the General Normative Standards on Gender Equality in International Law in National Constitutions and International Monitoring; Limitation of Constitutional Approaches and the Relevance of Substantive and Domestic Law; and The pecial Problem of Women and Violence.

9
International Bill of Human Rights, Fact Sheet No. 2, Office of the High Commissioner for Human Rights

The International Bill of Human Rights consists of the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) along with its two Optional Protocols. Human Rights fact sheets are prepared by the United Nations Centre for Human Rights in Geneva and are intended to assist a wide audience in understanding specific human rights issues.

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10
National Institutions for the Promotion and Protection of Human Rights: Fact Sheet No. 19, United Nations High Commissioner for Human Rights

This fact sheet emphasizes that the role of national governments in the realization of human rights is particularly important. It states: "at the national level, rights can be best protected through adequate legislation, an independent judiciary, the enactment and enforcement of individual safeguards and remedies, and the establishment of democratic institutions. In addition, the most effective education and information campaigns are likely to be those which are designed and carried out at the national or local level and which take the local cultural and traditional context into account." The fact sheet further discusses the role of official national infrastructures for the protection and promotions of human rights. [This document does not focus specifically on women's human rights.]

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11
United Nations Extra-Conventional Mechanisms ,

Extra-conventional mechanisms include both country-specific (e.g. Haiti, Iraq, etc.) and thematic mechanisms (e.g. arbitrary detention, violence against women, etc.). These special rapporteurs, working groups, representative, and experts undertake various activities such as investigations and composing reports. Extra-conventional mechanisms have no formal complaints procedures; their activities "are based on communications received from various sources (the victims or their relatives, local or international NGO's, etc.) containing allegations of human rights violations. Such communications may be submitted in various forms (e.g. letters, faxes, cables) and may concern individual cases as well as details of situations of alleged violations of human rights." This section of the United Nations High Commissioner for Human Rights web site includes links to a variety of documents, including various country and thematic mechanisms, model questionnaires, and the "urgent action" procedure.

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12
Organization of American States, Violence in the Americas - A Regional Analysis Including a Review of the Implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, Inter-American Commission of Women, Final Report, July 2001

This comprehensive report scrutinizes the effectiveness of strategies currently being employed by Organization of American States (OAS) members in the domestic implementation of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. The report focuses on national policies, social, economic and institutional barriers, and the relative impact of measures taken. Specific areas covered by the report include institutional violence against women; confronting legal, social and cultural conditions that perpetuate violence against women; legislative and administrative frameworks; the obligation of due diligence; access to justice and specialized services for victims: protection of particularly vulnerable groups; trafficking; research and evaluation methods; and international cooperation. The report concludes by stating that while the existence of the Convention has contributed to a growing recognition of the seriousness of the problem, little documented impact on women's conditions has materialized. As a result, the report warns that the legitimate need for patience and perseverance should not be utilized as a guise for complacency. [Descriptors: Key Treaties and Texts, Violence Against Women, International - Latin America, International - North America]

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Information from Non-Governmental Organizations

13
Federation of Women Lawyers Kenya, Bado Mapambano - Kenyan Women Demand Their Rights: The 1997 FIDA(K) Annual Report on the Legal Status of Kenyan Women, Nairobi, Kenya: The Women's Rights Monitoring Project, 1998.

Covering the period from March 1997 to July 1998, this report on the legal status of Kenyan women examines issues of political participation, constitutional and law reform process including incorporation of international law into domestic law, violence against women, freedom from torture, rights to liberty, life, security, and security of property, and gender equality and affirmative action. The report frequently invokes the Kenyan government's commitments under international law and discusses the government's failure to submit its scheduled report to the Committee on the Elimination of All Forms of Discrimination Against Women. The report concludes with recommendations to enhance the status of women's human rights in Kenya.

14
Reilly, Niamh, Civil and Political Rights, WHRNet March 2003

Women's Human Rights advocates are critical of the dichotomy between civil and political rights on the one hand and economic and social rights on the other because it goes against the principle of the indivisibility of all rights. The division of rights into two categories affects women all the more. This document outlines the tendency to separate rights, and provides information and links on the major human rights mechanisms and key facts and figures. Finally, a list of links are provided to other useful women's rights resources.

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15
International Law Association Committee on Feminism and International Law, Final Report on Women's Equality and Nationality in International Law, Committee on Feminism and International Law, London Conference, 2000, 48 Pages

This is the final report on equality and nationality produced by the International Law Association (ILA) Committee on Feminism and International Law (Christine Chinkin, Chair; Karen Knop, Rapporteur). The report presents a comprehensive analysis of women and nationality issues, placing current developments in historical context. Included are issues of the nationality of married women, the ability to pass nationality to one's children, naturalization procedures, and issues such as the rights of non-nationals, the right of one spouse to acquire the nationality of the other, and the right to dual nationality. The report discusses domestic and international jurisprudence on nationality discrimination and makes reference to relevant international and regional treaties, especially the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The report concludes with a set of recommendations.

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16
Amnesty International, Human Rights are Women's Rights, New York: Amnesty International U.S.A. 1995, 152 Pages

Amnesty International (AI) believes that governments are obliged not only to stop and prevent violations of women's human rights, but are also required to promote and protect those rights. AI campaigns for governments to ratify the Convention on the Elimination of Discrimination Against Women (the Women's Convention) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as well as the International Covenant on Civil and Political Rights (ICCPR). This publication discusses women and war, women activists, women at risk, and suggests fifteen steps to protect women's human rights. AI urges governments who are seriously committed to ending discrimination and violence against women (in both the private and public spheres) to adopt and fund comprehensive policies for widespread education and the raising of global consciousness on all women's human rights issues. When governments knowingly tolerate abuses such as domestic violence, female genital mutilation or trafficking in sexual slaves the gap between what is public and what is private narrows.

17
Association for Women's Rights in Development (AWID), Human Rights Systems, WHRNet

This document, produced by the Association for Women's Rights in Development (AWID), sets out the key features of the international and regional human rights mechanisms designed to protect and promote human rights. Turning first to the UN human rights system, the document describes the relevance of and provides links to: UN Declarations, Treaties, and Other Mechanisms; UN Treaty Monitoring; UN Human Rights Policy Making and Implementation; UN Agencies; World Conferences; the International Criminal Court. Next, similar treatment is provided for the three regional human rights systems: the African Human Rights System; the Inter-American Human Rights System; the European Human Rights System.

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18
Amnesty International, Justice for Victims: Ensuring Effective Enforcement Abroad of Court Decisions Concerning Reparations, Memorandum to the Hague Conference on Private International Law, Memorandum to the Hague Conference on Private International Law, Special Commission Meeting, 7 to 18 June 1999

While reparation awards may be made in cases of human rights violations, these decisions are frequently not enforceable and the victims are left unable to collect their award. This memorandum by Amnesty International (AI) outlines the fundamental principles that AI believes are essential to ensure victims of violations of human rights, international criminal law or international humanitarian law obtain reparations. It also identifies some of the concerns that Amnesty International has with the text of the draft Convention on International Jurisdiction and the Effects of Foreign Judgments in Civil and Commercial Matters. [This memo is not about women's rights in particular.]

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19
Human Rights Watch, Scared at School: Sexual Violence against Girls in South African Schools, March 2001

This report documents and describes the high incidences of rape, sexual abuse, and sexual harassment committed against South African schoolgirls by teachers and male schoolmates. While South African girls formally enjoy equal access to education, the sexual violence they encounter in schools impedes this access and violates their right to education. The report finds the gender-based discrimination persists because school officials, for the most part, do not take the situation seriously and sufficient coordination between the schools, police and courts does not exist. The report argues that sexual violence against girls in schools is so widespread that it should be viewed as a systemic problem and demands a national plan of action in light of South Africa’s international legal obligations.

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20
Metlhaetsile Women's Information Centre, The Citizenship Case: Attorney General of the Republic of Botswana v. Unity Dow: Court Documents, Judgements, Cases and Materials, (Gabarone: Lentswe La Lesedi (PTY) Ltd. 1995) 229 pages.

This publication is a collection of the decisions and supporting documentation from the 1992 case of Unity Dow v. Botswana, where discriminatory provisions of the Citizenship Act of 1984 were successfully challenged. It includes the notices of motion/appeal, the affidavits, the heads of arguments and all six judgements written in the case, which detail equality and citizenship arguments based on the Constitution of Botswana and international human rights instruments and decisions. Section I contains the High Court Documents, Section II contains the Court of Appeal Documents, and Section III contains an annotated bibliography and table of cases.

21
Abdullahi, Ahmed An-Na'im, Universal Rights, Local Remedies: Implementating Human Rights in the Legal Systems of Africa, Interights: Afronet and GTZ, 1999.

This is a collection of papers and the proceedings of a conference held in Dakar, Senegal (11-13 December, 1997), organized by Interights, The Inter-African Network of Human Rights and Development ("Afronet") and Rencontre Africaine pour la Defense des Droits de L'Homme ("Raddho"). The first chapter deals with the possibilities and constraints of human rights under African constitutions, and the second with protecting human rights in the plural legal systems of Africa. Chapter 3 is the keynote speech of Ms. Shirin Aumeeruddy-Cziffra (of Mauritius). Chapter 4 assesses information and training resources in Africa, and Chapter 5 sets out strategic and thematic considerations, including problems with the definition and implementation of rights human norms, and gender and international law. Chapter 6 sets out practical initiatives for the future, such as implementing effective continuing education for judges and supporting the development of Africa-sensitive information materials.

 
International Conventions and Declarations

22
Organization of American States, Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, (1999)

This regional instrument of the Americas begins by recognizing the relationship between economic, social and cultural rights, and civil and political rights. The Additional Protocol to the American Convention on Human Rights provides for labour and solidarity rights, the rights to social security and health rights, the rights to food and education, the right to the benefits of culture, family rights, and rights of children, the elderly and persons with disabilities. The Protocol states that family care should be provided so that women can exercise a real opportunity to work and identifies maternity leave as an important element of social welfare.

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23
African Charter on Human and People's Rights , Doc CAB/LEG/67/3 rev. 5 21 I.L.M 58 (1982)

The African Charter on Human and People's Rights (the "Banjul Charter") was adopted at the 18th Assembly of Heads of State and Governments at the Organization for African Unity (OAU) June 21 1981 in Nairobi, Kenya. The Charter entered into force October 21 1986. While all the provisions of the Banjul Charter apply equally to men and women, of particular interest to WHRR users is Article 18(3) that provides "the state shall ensure the elimination of every discrimination and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions".

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24
American Convention on Human Rights ,

Entered into force on July 18, 1978, this is the regional human rights instrument for the Americas. Article 1 prohibits discrimination on the basis of sex while a limited number of provisions relate specifically to women including those that prohibit the death penalty against pregnant women, and those the prohibit trafficking in women. [Descriptors: Key Texts, International - Latin America, International - North America]

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25
Association for Women's Rights in Development (AWID), An AWID in-depth analysis of the post-2015 High Level Panel Report and recommendations moving forward, (August 2013)

This paper criticizes the post-2015 High Level Panel (HLP) report, arguing that it insufficiently addresses poverty, environmental degradation, and inequality around the world by over-emphasizing the role of the private sector. Concerned with the narrow visions of womens and girls' empowerment and gender equality in the report, AWID calls for a true structural transformation and the political will for change. AWID argues that there are shortcomings in the HLP report: failure to centralize women's rights and gender equality in every goal and outcome of the post-2015 agenda, failure to address multiple and intersecting inequalities, and failure to mention the need for financial economic justice and gender equality. The article concludes with eight recommendations that AWID argues decision- makers involved in the post-2015 and sustainable development goals process should consider as the agenda unfolds.

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26
United Nations, Beijing Declaration and Platform for Action, Fourth World Conference on Women, 15 September 1995, A/CONF.177/20 (1995) and A/CONF.177/2

The Declaration and Platform for Action (PFA) is the outcome document from the Fourth World Conference on Women held in Beijing in 1995. The PFA comprehensively identifies the rights of women and asks governments to commit to protecting these rights. It identifies 12 critical areas of concern and sets out strategic objectives and actions.

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27
Charter of the Organization of African Unity ,

The heads of African states and governments agreed to this Charter in 1963. It establishes the Organization of African Unity, an organization to promote the unity and solidarity of African states, to coordinate their efforts to improve the lives of African peoples, to defend their sovereignty territorial integrity and independence, to eradicate colonialism and to promote international cooperation. [This is a regional instrument of Africa.]

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28
International Labour Organization, Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries, 72 ILO Official Bull. 59 (1991)

This Convention was one of the first international documents to specifically identify the rights of Indigenous persons. The Convention generally states that the full range of human rights should be provided to Indigenous persons and Article 3 states that these provisions should apply equally to males and females. The Convention emphasizes key elements in the range of protections for Indigenous rights including social, economic and cultural rights and rights of self-determination. Article 20 addresses the right of women to have equal opportunities in employment and protection from sexual harassment.

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29
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), 1465 U.N.T.S. 85

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly on December 19, 1984 and entered into force on June 26, 1987. The prohibition on torture and other acts of cruel, inhuman or degrading treatment or punishment represent customary international law as well, which means that even states that have not ratified CAT are bound to respect and ensure the right of individuals not to be tortured. While CAT does not explicitly mention women, it is a core international legal text. The site of also contains a list of states who are party to CAT, and those states that have entered declarations or reservations.

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30
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - Article 22, G.A. res. 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly on December 19 1984 and entered into force on June 26 1987. Article 22, CAT, gives private individuals or their representatives the right to lodge a complaint with the Torture Committee, provided the State has recognized the competence of the Committee to receive and consider communications from or on behalf of individuals. In order to see how women's issues can be brought within the scope of Article 22, CAT, and CAT more generally, WHRR users might wish to review the Torture Hand Book contained in the section on Violence Against Women.

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31
Convention for the Protection of Human Rights and Fundamental Freedoms , E.T.S No. 5, 213 U.N.T.S. 222

The Convention for the Protection of Human Rights and Fundamental Freedoms or the European Convention on Human Rights (ECHR) applies to member states of the Council of Europe who have ratified the treaty. The ECHR was adopted by the Council of Europe on November 11 1950 and entered into force September 3 1953. The Convention has been amended on four times in 1970, 1971, 1990 and 1998. The ECHR is the main human rights instrument at the European level and applies equally to men and women. Article 14 sets out the general right to non-discrimination on various grounds, including sex.

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32
Convention on the Elimination of All Forms of Discrimination Against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46

The Convention on the Elimination of All Forms of Discrimination Against Women (the "Women's Convention") was adopted by the UN General Assembly on December 18, 1979 and entered into force September 3, 1981, in accordance with article 27(1). CEDAW is the main international instrument that recognizes and protects the rights of women. In 2000 the Optional Protocol to the Women's Convention that provides for two complaints procedures (communication and inquiry) entered into force. Ratification information on the Women's Convention is also available at the end of the Convention's text.

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33
Convention on the Elimination of All Forms of Racial Discrimination, G.A. res. 2106 (XX), Annex, 20 U.N. GAOR Supp. (No. 14) at 47, U.N. Doc. A/6014 (1966), 660 U.N.T.S. 195

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly on December 21, 1965 and entered into force on January 4, 1969. While ICERD does not make explicit reference to women, it remains a core international text for the protection of women's rights as women often suffer discrimination based on their race and gender. This document provides links to lists of the States that have ratified the Convention and those that have entered declarations and/or reservations.

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34
Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277

The "Genocide Convention" was adopted by the UN General Assembly on December 9, 1948 and entered into force January 12, 1951. The Convention establishes a definition for the crime of genocide and attributes direct and individual criminal responsibility to those who participate in its commission. Latterly, acts that directly target women (such as mass rape in Rwanda and Bosnia) have been considered by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to consitute part of a genocidal policy. This requires the requisite intent (mens rea) and an attempt to destroy in whole or in part a national, ethnic racial or religious group.

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35
Convention on the Rights of the Child, 1577 U.N.T.S. 3

The Convention on the Rights of the Child (CRC) was adopted by the UN General Assembly on November 20, 1989 and entered into force on September 2, 1990. The CRC is the main human rights treaty dealing with the specific issue of child rights and is the most widely ratified international human rights instrument. The CRC is unique in the sense that it explicitly combines social, economic and cultural rights with civil and political rights. The CRC also recognizes the right to equality and non-discrimination on the basis of sex and sets out certain rights that relate specifically to the girl-child.

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36
Convention Relating to the Status of Refugees , 189 U.N.T.S. 150 (1951)

The Refugee Convention was adopted by the UN General Assembly on April 22, 1954 and entered into force on December 14, 1954. The Refugee Convetion is the primary international document that defines who is a refugee and that sets out their rights for asylum protection. [Descriptors: Migration - Refugees and Immigration, International]

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37
Draft Charter of Fundamental Rights Of the European Union ,

This draft Charter was put forward in July 2000. It includes equality provisions, basic civil and political rights, labour and solidarity rights, citizenship rights, and social and economic rights. The provisions of this Charter would apply to institutions and bodies of the European Union and to member states when they are applying Union law. [This is a proposed regional instrument of Europe.]

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38
Council of Europe, European Social Charter , 529 U.N.T.S. 89 (1965)

The European Social Charter, a regional legal instrument, entered into force in 1965. It enumerates social rights such as the right to work, the right to safe and healthy working conditions, the right of children and young persons to protection, the right of employed women to protection, the right to protection of health, and the right to Social Security. State parties to this Charter must submit a report every two years on the implementation of these rights to a committee of experts who reviews the reports.

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39
First Optional Protocol to the International Covenant on Civil and Political Rights , G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 59, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 302

The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly on December 16, 1966 and entered into force on March 23, 1976. It establishes an individual complaints procedure for victims of violations of Covenant-protected rights. Communications can only be considered by the Human Rights Committee if the state concerned is a party to the First Optional Protocol. [Descriptors: Key Texts, International]

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40
Inter-American Commission on Human Rights, Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women , 33 I.L.M. 1534 (1994), entered into force March 5, 1995.

This is the first and only multilateral human rights treaty that focuses exclusively on violence against women. It was adopted in 1994. The Convention sets out the definition and scope of application, the rights protected, the duties of States, and the Inter-American mechanisms of protection. The Convention affirms "that violence against women pervades every sector of society regardless of class, race or ethnic group, income, culture, level of education, age or religion and strikes at its very foundations." The Convention provides a broad definition of violence, which includes acts that occur in the private or public sphere. The Convention recognizes that women may be particularly vulnerable to violence due to their race or ethnic background. Article 6 provides that the right to be free from violence includes the right to be free from all forms of discrimination. [Descriptors: Race and Gender, Key Texts, Violence Against Women, International - Latin America, International - North America]

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41
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families , A/45/49 (2005)

The Convention on the Protection of the Rights of Migrant Workers and Members of Their Families was adopted by the UN General Assembly on December 18, 1990 and entered into force on July 1, 2003. The purpose of the Convention is to protect the rights of migrant workers who are vulnerable to exploitation and abuse due to their uncertain status in the country in which they are working. Although women are not mentioned specifically within the Convention, the Convention does recognize the principles within the Convention on the Elimination of Discrimination against Women. The Convention establishes a set of binding international standards that concern the treatment, welfare and basic rights of all migrants, both documented and undocumented, in addition to the obligations and responsibilities to which the States that send and receive migrants must adhere. [Descriptors: Key Treaties and Texts, Migration - Labour Migration, International]

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42
International Covenant on Civil and Political Rights , G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171

The International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly on December 16, 1966 and entered into force on March 23, 1976. Along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration on Human Rights (UDHR), the ICCPR forms part of the "International Bill of Rights". In spite of the primary importance often afforded to civil and political rights in the international human rights dialogue, the rights contained in the ICCPR and the ICESCR should apply with equal force. The 1993 World Conference on Human Rights hosted in Vienna confirmed that all human rights are universal, indivisible and interdependent and interrelated. The ICCPR recognizes that rights must be afforded to women and men on an equal basis and has two Optional Protocols. [WHRR users shoudl note that links to the two Optional Protocols can be found in the "International Conventions and Declarations" part of the "Conventions other than CEDAW - International Protection" section.]

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43
International Covenant on Economic, Social and Cultural Rights , G.A. Res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the UN General Assembly on December 3, 1966 and entered into force on January 3, 1976. Along with the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR)the ICESCR forms part of the "International Bill of Rights". The Covenant recognizes that rights must be afforded to women and men on an equal basis. Article 7 states that fair wages must be given to women for their labour.

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44
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, GA Res A/RES/54/263

The Optional Protocol to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict was adopted by the UN General Assembly on May 25, 2000 and entered into force on February 12, 2002. The protocol recognizes the heavy burden armed conflict places on children. In particular, it condemns the recruitment of children for combat and calls on states to take all steps possible to bring an end to the practice.

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45
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, GA Res A/RES/54/263

The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Child Pornography was adopted by the UN General Assembly on May 25 2000 and entered into force on June 18 2002. The aim of the Protocol is to erradicate these practices and foster international cooperation in brining the perpetrators of these crimes to justice. The preamble of the protocol identifies the girlchild as a group both particularly vulnerable to, and disproportionately affected by, sexual exploitation. Other provisions of the protocol address jurisdictional issues, the compensation of victims, special consideration for the interest of the child in legal proceedings, public awareness campaigns and international cooperation in investigations, information exchange and extradition.

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46
Protocol No. 12 to the [European] Convention for the Protection of Human Rights and Fundamental Freedoms ,

On 26 June 2000, the Committee of Ministers of the Council of Europe adopted Protocol No. 12 to the European Convention on Human Rights which provides for a general prohibition of discrimination. The Protocol will be opened for signature by Member States in Rome on 4 November 2000. Its entry into force requires 10 ratifications. The original non-discrimination provision of the European Convention (Article 14) is of a limited nature because it only prohibits discrimination in the enjoyment of one of the other rights guaranteed by the Convention. The new Protocol removes this limitation and guarantees that no-one shall be discriminated against on any ground by any public authority.

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47
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, African Commission on Human Rights (11 July 2003)

This protocol addresses some of the most pressing human rights issues faced by African women though rights formulated in accordance with recent developments in the field. Beyond provisions relating to the elimination of discrimination against women and various positive social and economic rights, some of the most notable provisions of the document include the following: the prohibition on harmful practices including measures that may preserve these practices such as the medicalization of FGM (Article 5); equal rights in marriage, divorce, and inheritance; right to acquire and administer property; affirmative action to promote equal participation of women in decision-making; the right to peace; right to education and training; a call for the elimination of sexual harassment in the workplace; the recognition of the value of women's work at home (Article 13); reproductive rights including access to a medical abortion in instances of rape or incest; the right to participate in the formulation of cultural policies; and widows' rights. The protocol came into force in November 2005.

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48
Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9*, 2187 U.N.T.S. 90

At the Rome Conference in July 1998, 160 nations voted to establish a permanent International Criminal Court (ICC) to try individuals for the most serious offences of global concern. The crimes under the jurisdiction of the ICC include genocide, war crimes and crimes against humanity. The Statute entered into force on July 1, 2002. The ICC Statute is important because it explicitly provides for the prosecution of gender crimes such as rape and sexual violence under the umbrella of "crimes against humanity." WHRR Users may also be interested in the ICC website more generally which includes other documents about the ICC and the website of the Women's Caucus for Gender Justice that is available through the "links" division of the Women and Armed Conflict section.

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49
Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty, G.A. res. 44/128, annex, 44 U.N. GAOR Supp. (No. 49) at 207, U.N. Doc. A/44/49 (1989)

The Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) Aiming at the Abolition of the Death Penalty was adopted by the UN General Assembly on December 15, 1989 and entered into force July 11, 1991. The objective of the Second Optional Protocol is to erradicate the death penalty in states that are party to the text. Where a state has also ratified the First Optional Protocol to the ICCPR, the jurisdiction of First Optional Protocol can be extended to the provisions of the Second Optional Protocol on abolishing the death penalty. This occurs unless the State Party concerned made a statement to the contrary at the moment of ratification or accession (Article 5). [Descriptors: Key Texts, International]

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50
UN Committee on the Elimination of All Forms of Discrimination against Women, Statement of the Committee on the Elimination of Discrimination against Women on the Need for a Gender Perspective in the Text of the Arms Trade Treaty (2012),

This statement from by the Committee on the Elimination of All Forms of Discrimination Against Women (the Committee) begins by establishing that gender-based violence against women is a form of discrimination that can seriously inhibit womens ability to enjoy rights and freedoms. The Committee encourages international efforts to establish a legally-binding Arms Trade Treaty (ATT) at the United Nations, as the arms trade is directly linked to gender-based violence against women and proliferation of arms and ammunition perpetuates the violence and abuse women are subjected to during times of conflict. The Committee emphasizes that the main focus of the ATT should be to prevent human suffering caused by the arms trade, especially among vulnerable groups such as women and children.

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51
, The Optional Protocol to the Women's Convention, A/RES/54/4, 1999

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP-CEDAW) was adopted by the UN General Assembly on October 6, 1999 and entered into force December 21, 2000. The Optional Protocol provides for two procedures: 1) a communications procedures that allows women to submit claims of violations of rights potected under the Convention to the Committee on the Elimination of All Forms of Discrimination Against Women; and 2) an inquiry procedure enabling the Committee to initiate inquiries into situations of grave or systematic violations of women's rights. [Descriptors: Applying Human Rights Law - International, CEDAW Convention, Key Texts, International]

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52
United Nations Charter , 59 Stat. 1031, T.S. 993, 3 Bevans 1153

The Charter of the United Nations (also known as the UN Charter) was signed at San Francisco, June 26, 1945 and entered into force October 24, 1945. The Charter is the cornerstone of the United Nations Organization, affirming faith in fundamental human rights, justice and peace. In the human rights context, the Charter also provides the basis for Charter-based (such as the Commission on Human Rights) and Treaty-based (such as the Human Rights Committe) human rights bodies.

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53
Universal Declaration of Human Rights , General Assembly Resolution 217 A (III), 1948

The Universal Declaration of Human Rights (UDHR)is the founding international text on the protection of human rights. The Declaration was adopted by the UN General Assembly on December 10, 1948 as part of its project to create an "International Bill of Rights" and entered into force in 1950. The International Bill of Rights comprises the UDHR, the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR), along with its two Optional Protocols. While the UDHR is not itself binding on States, it is almost universally recognized and may (at least in part) represent customary international law. WHRR Users may also be interested in viewing the Office of the High Commissioner for Human Rights Fact Sheet No. 2 on the International Bill of Rights that is contained under the "Documents by United Nations Bodies & Agencies" heading of this section.

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Legal Briefs

54
Amici Curiae Brief Respecting the Violence Against Women Act (VAWA) in the United States ,

This legal brief was prepared for the United States Supreme Court by the International Women's Human Rights Law Clinic of the City University of New York and the Center for Constitutional Rights. The brief was prepared on behalf of international law scholars and human rights experts and concerns the United States' Congress power to enact the Violence Against Women Act (VAWA) as fundamental to fulfilling the United States' commitments under international law. Three main international law arguments are advanced. First, "the International Covenant on Civil and Political Rights requires the United States to provide protection from gender-based violence from both private persons and public officials." Second, "the emergence in customary international law of a clear norm recognizing women's right to live free of gender-based violence" provides additional support for Congressional action. Third, "it is well settled and fundamental to the [United States] constitutional system that, whenever possible, domestic law should be interpreted so as to enable the [United States] to fulfill its international obligations." Professor Cathy Albisa was lead attorney in the case, Professor Rhonda Copelon, Director of the International Human Rights Law Clinic, co-authored it, while Jenny Green and Peter Weiss represented the Center for Constitutional Rights.

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Other

55
ASIL Guide to Electronic Resources for International Law ,

This research guide was prepared by Marci Hoffman, currently the International and Foreign Law Librarian at E.B. Williams Law Library, Georgetown University Law Centre. It focuses on English-language resources available in electronic format (including CD-ROMs and on the internet). It is a useful resource both for developing a research plan and also for locating both primary and secondary sources. It includes in-text links to the sources referred to in the commentary, in addition to a list of other relevant sites and quick links.

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56
Bayefsky, Anne F, Canadian Cases Referring to International Human Rights Law in the Charter Era (1982-), Appendix 9 in INTERNATIONAL HUMAN RIGHTS LAW: USE IN CANADIAN CHARTER OF RIGHTS AND FREEDOMS LITIGATION, Toronto & Vancouver: Butterworths, 1992, Pages 709-21

This Appendix is a list of 205 cases decided in Canadian Courts that make reference to international human rights law in the post-Charter (1982) era.

57
Cheng, Lim Kah, Oon, Petra, Ahmad, Yuslinov, Malaysian Women and the Law: Rights, Discrimination, and Reform, (1998).

This publication reports the findings and recommendations of four seminars held in Malaysia over 1995 and 1996. The book provides information and recommendations on the legal rights of women in Malaysia, the main laws and procedures which discriminate against women, and the difficulties faced by women in the Syariah Court system. Also included is a summary of the Convention on the Elimination of All Forms of Discrimination Against Women highlighting the reservations of the Malaysian government. It is pointed out that as a signatory to this international treaty, the government is legally bound to put the provisions in this convention into practice.

58
Montréal Principles on Women's Economic, Social and Cultural Rights, Montreal: December 7, 2002

The Montreal Principles, drafted at a meeting of international legal experts, set out the requirements needed to fulfill women's economic, social and cultural rights obligations. The text begins with a discussion of the connections between civil and political and economic, social and cultural rights and the particular implications for women in poverty. The particular elements of women's economic, social and cultural rights are identified with reference to the sources of these rights in international legal instruments. The document also outlines the principles of equality and non-discrimination and barriers to these principles. The articles outlines the role of states in protecting the economic and social rights of women and the implementation of mechanisms and remedies to enforce women's rights.

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