AEC1132 FALL 2011 Wednesday 5:30-8:30pm. Room 8-200 Women s Human Rights: Equality of Opportunity and Equality of Outcomes Instructor Shanthi Dairiam 2011 Dame Nita Barrow Distinguished Visitor Ontario Institute for Studies in Education Telephone: 416-978-2026 Email: shanthi.dairiam@utoronto.ca Room 2-227/2-225 Introduction The course will highlight the gap between law and policy providing equal opportunities and the ground level realities denying women the enjoyment and exercise of the right to equality. Participants will be encouraged to examine the root causes of women s inequality and to identify the overt and covert forms of discrimination against women that persist universally and in varying contexts. The course will enable participants to become familiar with international women s human rights norms and standards pertaining to substantive equality, non-discrimination and State obligation as provided for in the United Nations (UN) Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and other relevant international human rights treaties, as well as the contribution of specific UN mechanisms and Special Procedures to the realization women s human rights. Participants will study the activism of women s groups at the national and international level and draw lessons from it. They will also to explore the application of the standards of CEDAW in selected contexts or themes for the creation of law, policy or programme that would ensure that these are in compliance with CEDAW s principle of substantive equality. Objectives 1 A basic understanding of women s human rights. A critical analysis of the role of law and policy in contributing to or diverting away from the realization of women s human rights. The significance of CEDAW and the importance of international and universal human rights standards for women s human rights. Definitions and understanding of substantive equality, non-discrimination and State obligation, according to international standards and gaps in their applicability at the domestic level Barriers to the achievement of women s human rights Recognition of the achievements of women s activism Exploration of the application of the standards of the Convention in selected contexts or themes for the creation of law, policy or programme
Expectations Course expectations include regular attendance and participation in class discussion. - prepared presentation of your views to class (20%) - short written assignments (20%) - one longer paper due on the 23 rd of November (60%) COURSE SCHEDULE 14 September 2011 Introduction PART I: WOMEN S RIGHTS AS HUMAN RIGHTS Introduction to the course objectives and flow and expectations Discussion of participants background, interests and their expectations Brief introduction to the historical evolution of the recognition of women s human rights at the international level 21 September An introduction to women s human rights Participants will prepare for a discussion on: - Does the law (national and international) entrench women s subordination? - How can a rights discourse be useful for women? - Can women s rights be universalized? Reading: Charlesworth, What are Women s International Human Rights? in Cook, (ed.), Human Rights of Women Charlotte Bunch and Samantha Frost. Women s Human Rights: An Introduction in Rutledge International Encyclopedia of Women- Global Women s Issues and Knowledge The Global Gender Gap Report.2011. World Economic Forum, Geneva, Switzerland Concluding comments of the Committee on the Elimination of Discrimination against Women: Norway. CEDAW/C/NOR/CO/7. http://www2.ohchr.org/english/bodies/cedaw/cedaws39.htm Universal Declaration of Human Rights. (UDHR) http://www.un.org/en/documents/udhr/ 2
PART II: THE LAW AS A MECHANISM FOR CLAIMING RIGHTS 28 September The role of the law and women s activism This session will be held as a workshop and will aim to : - Identify the sites of discrimination against women in the law (substance, structure and culture) and critique the role of the law and its implementation in reinforcing the inequality of women as well as ; - Identify the potentials of the law in advancing the status of women. - Raise awareness for the need for women to engage in holistic activism. Summarised case law will be used as a basis for the discussions in the workshop. Dame Silvia Cartwright Lecture 2009. Held at the Northern Club, Auckland Thursday 26 November 2009. By the Rt Hon Dame Sian Elias, Chief Justice of New Zealand. Hand outs IWRAW AP. Law and the Legal System. Building Capacity for Change: A Training Manual on the Convention on the Elimination of All Forms of Discrimination against Women. IWRAW Asia Pacific. 2001. Updated version August 2008. IWRAW Asia Pacific. Gaps in Law/Regulations/Standards Relating to Women. Building Capacity for Change: A Training Manual on the Convention on the Elimination of All Forms of Discrimination against Women. IWRAW Asia Pacific. 2001. Updated version August 2008. 3 PART 111: INTERNATIONL NORMS AND STANDARDS FOR EQUALITY AND RELATED UN MECHANISMS 5 October The UN human rights system and the principle of equality and non-discrimination The UN human rights system and the place of CEDAW CEDAW and the principles Substantive Equality and Non discrimination The principle of non- discrimination will be discussed as provided for in CEDAW -the prohibition of intended and unintended discrimination The principle of substantive equality will be discussed from the perspectives of -De jure equality -De facto equality: equality of outcomes
Sandra Fredman. Redistribution and Recognition: Reconciling Inequalities. South African Journal on Human Rights. Volume 23 Part.2. 2007[215]. Sandra Fredman, Discrimination Law. The Principle of Equality and a Value Driven Approach. pages 4-23. Clarendon Law Series.2002. Manfred Nowak, The prohibition of Gender-specific Discrimination under the International Covenant on Civil and Political Rights, in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books, pp. 105-119. IWRAW AP. Equity or Equality for Women? Understanding CEDAW s Equality Principles. Occasional Paper Series. No. 14. http://www.iwraw-ap.org/publications/ops.htm Human Rights Committee, General Comment 28, Equality between men and women. http://www.unhchr.ch/tbs/doc.nsf/0/13b02776122d4838802568b900360e80 Committee on Economic, Social and Cultural Rights. General Comment No.16, Article 3: The equal right of men and women to the enjoyment of all economic, social and cultural rights. http://www.unhchr.ch/tbs/doc.nsf/0/7c6dc1dee6268e32c125708f0050dbf6/$file/g05435 39.pdf Committee on the Elimination of Racial Discrimination. Recommendation XXV on gender related dimensions of racial discrimination. http://www2.ohchr.org/english/bodies/cerd/comments.htm CEDAW General Comment 25. http://www2.ohchr.org/english/bodies/cedaw/comments.htm 12 October The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) In this session we will discuss The CEDAW and its key features and as a dynamic instrument that provides a framework for the realization of women s human rights on the basis of equality. The significance of international and universal standards for women s human rights The work of the CEDAW Committee The session will also engage participants in brief exercises in the application of CEDAW Reading The Text of the CEDAW Convention. Available at http://www2.ohchr.org/english/bodies/cedaw/ Alda Facio. A Magna Carta for all Women. Feminists @law. Vol 1, No.1 (2011) Hanna Beate Schopp Schilling. The Nature and Scope of the Convention, in The Circle of Empowerment, editors. Hanna Beate Scopp Schilling and Cees Flinterman.The Feminist Press, New York. 4
19 October Principle of State Obligation The legally binding nature of obligations under CEDAW The authoritative value of General Comments issued by treaty bodies. Reading Rebecca Cook. "State Accountability Under the Convention on the Elimination of All Forms of Discrimination Against Women ", in Cook, Rebecca (ed.) The Human Rights of Women. University of Pennsylvania Press 1994 pp. 228-257. Blake Conway. Normative Instruments in International Human Rights Law: Locating the General Comment. Center for Human Rights and Global Justice Working Paper Number 17, 2008 CEDAW General Comment 28. http://www2.ohchr.org/english/bodies/cedaw/comments.htm CCPR. General Comment 31. http://www2.ohchr.org/english/bodies/hrc/comments.htm 26 October PART 1V: BARRIERS TO EQUALITY AND ACCESS TO JUSTICE Non fulfillment of equality of outcomes : Part 1 Discussion on contexts and barriers to equality of outcomes. - Non recognition of sex- based discrimination and non- recognition of discrimination against women, non- recognition of the human rights of certain groups of women, primacy of culture, religion and tradition, multiple forms of discrimination, plural legal systems, global economic trends etc. - Frances Raday, Culture, Religion and Gender, International Journal of Constitutional Law, Vol.1 No.4 pp 663-695. - Joanne.Cunaghan Intersectionality and UK Equality Initiatives. In South African Journal on Human Rights. Volume 23 Part.2. 2007[318] - Economic and Social Commission for Asia and the Pacific. Responses to the Economic Crisis Women s Economic Security and Rights. E/ESCAP/BPA/2009/3. 12 October 2009 (What is this date?) 5
2 November Non fulfillment of equality of outcomes : Part 2a Participants will select contexts that are of interest to them and make brief presentations on barriers to equality of outcomes 9 November Non fulfillment of equality of outcomes : Part 2b 16 November Access to Justice How do this line and the next relate? The Optional Protocol to CEDAW (OPCEDAW) The OP CEDAW will be studied from the perspective of access to justice for women. IWRAW AP.Our Rights are not Optional. A Resource Guide. http://www.iwrawap.org/publications.htm http://www.iwrawap.org/documents/resourceguide/our_rights_guide.pdf IWRAW AP. Occasional paper series: No 13 The OPCEDAW As a Mechanism For Implementing Women s Human Rights: An analysis of cases No 6-10 under the communications procedure of the OP-CEDAW (Published 2009) http://www.iwrawap.org/publications/ops.htm IWRAW AP. Occasional paper series No 12 The OPCEDAW As A Mechanism For Implementing Women s Human Rights: An analysis of the first five cases under the communications procedure of the OP-CEDAW (Published 2008) http://www.iwrawap.org/publications/ops.htm http://www.iwraw-ap.org/publications/ops.htm CEDAW Communication 5/ 2005 and CEDAW Communication 6/2005. http://www2.ohchr.org/english/law/jurisprudence.htm CEDAW/C/39/D/7/2005. Individual opinion by Committee member Mary Shanthi Dairiam (dissenting) para 13.7. http://www2.ohchr.org/english/law/jurisprudence.htm CEDAW Communication No. 15/2007. http://www2.ohchr.org/english/law/jurisprudence.htm 6
30 November The Activism of Women s Groups in standard setting and drawing accountability from their governments. Recall session 1 the Historical Evolution of Women s Human Rights. The role of civil society in treaty monitoring Women s activism at the United Nations. Case studies of gains made by women in claiming rights. Shanthi Dairiam. The CEDAW Convention and NGO Monitoring. Shanthi Dairiam. From Global to Local: The involvement of NGOs. In The Circle of Empowerment, editors. Hanna Beate Scopp Schilling and Cees Flinterman.The Feminist Press, New York. 7