85 research outputs found

    An equal right to inherit? Women's land rights, customary law and constitutional reform in Tanzania

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    This article explores contemporary contestations surrounding women’s inheritance of land in Africa. Legal activism has gained momentum, both in agendas for law reform and in test case litigation, which reached United Nations Committee on the Elimination of Discrimination against Women in ES and SC v. United Republic of Tanzania. Comparing the approach of Tanzania to that of its neighbours, Uganda, Kenya and Rwanda, this article explores patterns of resistance and omission towards enshrining an equal right to inherit in land and succession laws. It identifies two main reasons: neoliberal drivers for land law reform of the 1990s and sociopolitical sensitivity surrounding inheritance of land. It argues that a progressive approach to constitutional and law reform on women’s land rights requires understanding of the realities of claims to family land based on kinship relations. It calls for a holistic approach to land, marriage and inheritance law reform underpinned with constitutional rights to equality and progressive interpretations of living customary law

    Women\u2019s human rights when experiencing humanitarian crises and conflicts: the impact of United Nations Security Council Resolutions on women, peace, security, and the CEDAW General Recommendation no. 30.

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    Violence and insecurity are strictly linked to unequal political, social, and economic power. However, the continuity of violence is obscured by masculinist and patriarchal rules of security within gendered structures, especially inside the division of public/private dimensions and spaces, of production-reproduction activities, and of conflicts of war/peace. Nowadays, there is a general perception of the gendered dimensions of humanitarian emergencies in public policy outcomes and more in general in institutional contexts where the central role of women in security and maintaining peace, at all levels of decision making, both prior to, during, and after the conflict stage, hostilities, and peace-keeping and peace-building stages, as well as in trying to pursue a condition of reconciliation and reconstruction, has been formally recognized at international level. Nevertheless, it is necessary to focus on some problems related to the conceptualization of and legal provision for \u2018gender based security\u2019 and its subsequent effects upon accountability, with particular reference to transitional justice and post-conflict societies. It is important to assess a range of contemporary issues implicated for women and security, such as violence and other forms of harassment in times of post-conflict

    Beijing, Gender and Environment – Challenges for Ecological Sustainability, Development and Justice?

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    Twenty years ago the Beijing Declaration and Platform for Action was adopted to ‘… advance the goals of equality, development and peace for all women everywhere …’ (Beijing Declaration, 1995, paragraph 3). Sustainable Development Goal (SDG) Chapter K (of the Beijing Platform for Action) on ‘women and the environment’ laid down three strategic objectives, inter alia , with objective 2 being to ‘integrate gender concerns and perspectives in policies and programmes for sustainable development’. This article demonstrates the importance of the implementation of this objective – on the one hand for progress on gender equality, and on the other hand for an ecologically sustainable development

    Patrilineality, Son Preference, and Sex Selection in South Korea and Vietnam

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    Recent advances in promoting the rights of women and girls globally have been partially offset by increasing implementation of son preference through offspring sex selection, leading to rising sex ratios at birth1 (SRB) and child sex ratios throughout Asia, as well as parts of Eastern Europe and Africa. The past two decades have seen the number of countries with high child sex ratios increase from five to nineteen (Hudson and den Boer 2015). In recent history, only one country has reduced its sex ratio at birth from extremely high levels to biologically normal levels: South Korea, from a peak of 116.5 males per 100 females in 1990 to 106.2 in 2007. While South Korea's sex ratio at birth was declining throughout the early to mid 2000s, the sex ratio at birth in another Asian country, Vietnam, began an erratic rise, reaching 113.8 in 2013 (see Figure 1). How can we explain this recent rise in Vietnam's sex ratio, and are there lessons for Vietnam, or for other countries facing high sex ratios at birth, from the experience of South Korea

    Franchises lost and gained: post-coloniality and the development of women’s rights in Canada

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    The Canadian constitution is to some extent characterised by its focus on equality, and in particular gender equality. This development of women’s rights in Canada and the greater engagement of women as political actors is often presented as a steady linear process, moving forwards from post-enlightenment modernity. This article seeks to disturb this ‘discourse of the continuous,’ by using an analysis of the pre-confederation history of suffrage in Canada to both refute a simplistic linear view of women’s rights development and to argue for recognition of the Indigenous contribution to the history of women’s rights in Canada. The gain of franchise and suffrage movements in Canada in the late nineteenth and early twentieth century are, rightly, the focus of considerable study (Pauker 2015), This article takes an alternative perspective. Instead, it examines the exercise of earlier franchises in pre-confederation Canada. In particular it analyses why franchise was exercised more widely in Lower Canada and relates this to the context of the removal of franchises from women prior to confederation

    Gendered and Social Hierarchies in Problem Representation and Policy Processes: ‘Domestic Violence’ in Finland and Scotland

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    This article identifies and critiques presumptions about gender and violence that continue to frame and inform the processes of policy formation and implementation on domestic violence. It also deconstructs the agendered nature of policy as gendered, multilevel individual and collective action. Drawing on comparative illustrative material from Finland and Scotland, we discuss how national policies and discourses emphasize physical forms of violence, place the onus on the agency of women, and encourage a narrow conceptualization of violence in relationships. The two countries do this in somewhat comparable, though different ways operating within distinct national gender contexts.The complex interweaving of masculinities, violence, and cultures, although recognized in many debates, is seemingly marginalized from dominant discourses, policy, and legal processes. Despite growth in critical studies on men, there is little attempt made to problematize the gendered nature of violence. Rather, policy and service outcomes reflect processes through which individualized and masculine discourses frame ideas, discourses, and policy work. Women experiencing violence are constructed as victims and potential survivors of violence, although the social and gendered hierarchies evident in policies and services result in longer-term inequities and suffering for women and their dependents

    Community-based assessment of human rights in a complex humanitarian emergency: the Emergency Assistance Teams-Burma and Cyclone Nargis

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    <p>Abstract</p> <p>Introduction</p> <p>Cyclone Nargis hit Burma on May 2, 2008, killing over 138,000 and affecting at least 2.4 million people. The Burmese military junta, the State Peace and Development Council (SPDC), initially blocked international aid to storm victims, forcing community-based organizations such as the Emergency Assistance Teams-Burma (EAT) to fill the void, helping with cyclone relief and long-term reconstruction. Recognizing the need for independent monitoring of the human rights situation in cyclone-affected areas, particularly given censorship over storm relief coverage, EAT initiated such documentation efforts.</p> <p>Methods</p> <p>A human rights investigation was conducted to document selected human rights abuses that had initially been reported to volunteers providing relief services in cyclone affected areas. Using participatory research methods and qualitative, semi-structured interviews, EAT volunteers collected 103 testimonies from August 2008 to June 2009; 42 from relief workers and 61 from storm survivors.</p> <p>Results</p> <p>One year after the storm, basic necessities such as food, potable water, and shelter remained insufficient for many, a situation exacerbated by lack of support to help rebuild livelihoods and worsening household debt. This precluded many survivors from being able to access healthcare services, which were inadequate even before Cyclone Nargis. Aid efforts continued to be met with government restrictions and harassment, and relief workers continued to face threats and fear of arrest. Abuses, including land confiscation and misappropriation of aid, were reported during reconstruction, and tight government control over communication and information exchange continued.</p> <p>Conclusions</p> <p>Basic needs of many cyclone survivors in the Irrawaddy Delta remained unmet over a year following Cyclone Nargis. Official impediments to delivery of aid to storm survivors continued, including human rights abrogations experienced by civilians during reconstruction efforts. Such issues remain unaddressed in official assessments conducted in partnership with the SPDC. Private, community-based relief organizations like EAT are well positioned and able to independently assess human rights conditions in response to complex humanitarian emergencies such as Cyclone Nargis; efforts of this nature must be encouraged, particularly in settings where human rights abuses have been documented and censorship is widespread.</p

    Combating Acid Violence in Bangladesh, India and Cambodia

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