EMPOWERMENT CEDAW AS A TOOL PROF DR JUR

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EMPOWERMENT – CEDAW AS A TOOL PROF. DR. JUR. HERDÍS THORGEIRSDÓTTIR

EMPOWERMENT – CEDAW AS A TOOL PROF. DR. JUR. HERDÍS THORGEIRSDÓTTIR

WHAT DO WE WANT? § A society where equality is a fact – not

WHAT DO WE WANT? § A society where equality is a fact – not merely a word. § Where do we stand? § Formal legal impediments have been removed § Anti-discrimination laws § Complaints-led mechanisms 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 2

Where do we stand? § Poverty § 7 out of 10 of the world’s

Where do we stand? § Poverty § 7 out of 10 of the world’s hungry are women § Women perform 66 % of the world’s work § Violence § Domestic violence more dangerous than cancer & war § Home: the most dangerous place 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 3

A re-vision of women’s rights § Gender equality is a fundamental right § Abuse

A re-vision of women’s rights § Gender equality is a fundamental right § Abuse within the family is not sui generis § Social/economic rights 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 4

EMPOWERMENT & CEDAW § Realization of women’s rights § Elimination of power disparities §

EMPOWERMENT & CEDAW § Realization of women’s rights § Elimination of power disparities § CEDAW § A clear human rights agenda § If taken seriously mark an enormous step forward 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 5

CEDAW unrealized potential § 90 % of UN members have ratified CEDAW § A

CEDAW unrealized potential § 90 % of UN members have ratified CEDAW § A political consensus § Universal, inalienable, indivisible and interdependent § Focus on discrimination against Women 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 6

Substantive rights § Civil rights in great detail § Right to vote, hold public

Substantive rights § Civil rights in great detail § Right to vote, hold public office, participate in goverment § Affirms right to non-discrimination § In education, employment, living conditions § Equality in business matters 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 7

De facto equality § Art. 2 imposes a positive obligation. . . States shall.

De facto equality § Art. 2 imposes a positive obligation. . . States shall. . . § Art. 4 temporary special measures § No excuse for inaction § GR no. 25 (2004) 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 8

Reproductive rights § Principles in relation to women and reproductive health § Art. 16

Reproductive rights § Principles in relation to women and reproductive health § Art. 16 (1) to decide freely on the number and spacing of their children 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 9

Don’t act until the blood is flowing (A. T. v Hungary) § The husband

Don’t act until the blood is flowing (A. T. v Hungary) § The husband posessed a firearm threatened to kill her and rape the children (one brain damaged) § State did nothing; no shelter/ 10 medical certificates 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 10

Sexist stereotyping § Art. 5: States must take measures to change attitudes § Sexist

Sexist stereotyping § Art. 5: States must take measures to change attitudes § Sexist stereotyping is a guaranteed way of disempowering women 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 11

EMPOWERMENT § Enabling an environment to achieve equality of results § Women need to

EMPOWERMENT § Enabling an environment to achieve equality of results § Women need to arm themselves – with the law, networking and speaking up 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 12

Where do we go from here? Injustice anywhere is a threat to justice everywhere

Where do we go from here? Injustice anywhere is a threat to justice everywhere Power at its best is love implementing the demands of justice -Martin Luther King 24. 10. 2009 Prof. Dr. Jur Herdís Thorgeirsdóttir 13