Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission\u27s Final Report

This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission\u27s investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this Article recounts how the State\u27s Family Planning Program violated Peruvian women\u27s reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability, and justice for all victims-survivors of state-sponsored violence. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including former President Alberto Ken\u27ya Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru

Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission\u27s Final Report

This presentation argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission\u27s investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this presentation recounts how the State\u27s Family Planning Program violated Peruvian women\u27s reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This presentation argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability, and justice for all victims-survivors of state-sponsored violence. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including former President Alberto Ken\u27ya Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru

Enhancing Enforcement of Economic, Social, and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR

Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the specific language of the treaty that pertains to the right in question; 2) defining the concept and scope of the right; 3) identifying appropriate indicators that correlate with state obligations; 4) setting benchmarks to measure progressive realization; and 5) clearly identifying violations of the right in question

Enhancing Enforcement of Economic, Social and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations. Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring bodies, but none creates a framework to assess violations of a specific right in a particular treaty. This article fills this void by providing a framework to assess State compliance that integrates indicators into the project of ascertaining specific violations of economic, social and cultural rights under the ICESCR. The methodology that we propose calls for: 1) analyzing the specific language of the treaty that pertains to the right in question; 2) defining the concept and scope of the right; 3) identifying appropriate indicators that correlate with State obligations; 4) setting benchmarks to measure progressive realization; and 5) clearly identifying violations of the right in question. We illustrate our approach by focusing on the right to education in the ICESCR. In addition to assessing right to education violations, this methodology can be employed to develop frameworks for ascertaining violations of other ESCRs as well