CEDAW and the determination of women’s rights in a legal and cultural context
CEDAW – the UN Convention on the Elimination of All Forms of Discrimination against Women – is a powerful international human rights instrument that reflects a global determination to achieve gender equality. Turning aspiration into reality presents many challenges, particularly in relation to the process of adjudicating on women’s rights in both legal and cultural contexts.
This book looks at the range of cultural and legal challenges relating to the implementation of CEDAW, and the individual approaches adopted in various jurisdictions and contexts across the Commonwealth. Commonwealth declarations in support of CEDAW and initiatives from numerous Commonwealth countries are brought together here to support continuing efforts to address these issues.
This practical guide will inform and assist judges, adjudicators, lawyers and activists to advance the implementation of the principles of CEDAW within jurisdictions connected historically by the application of the common law.
Abbreviations and acronyms
Part I. Background
1. Introduction by Meena Shivdas and Sarah Coleman
2. Thoughts on the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by Christine Chinkin
3. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and realisation of rights: reflections on standard settings and culture by Indira Jaising
Part II. Towards Gender Equality: Reconciling Culture and the Law
4. Culture, religion and gender: an overview by Frances Raday
5. Domestication of CEDAW: points to consider for customary laws and practices by CC Nweze
6. Gender, culture and the law: the South African experience by Mokgadi Lucy Mailula
7. Scope of regional instruments: a perspective on the Southern and East Africa region by Gladys M Nhekairo Mutukwa
8. Last but not least: CEDAW and family law by Cassandra Balchin
9. Gender analysis of child support in the Caribbean: legal, socioeconomic and cultural issues for consideration by Roberta Clarke, Tracey Robinson and Jacqueline Sealy-Burke
10. Women’s dignity and rights: situating Pacific experiences by Mere Pulea
Part III. From Aspirations to Entitlements
11. Promoting the human rights of women and girls through developing human rights jurisprudence and advancing the domestication of international human rights standards
12. Realising universal rights in national jurisdictions
Part IV. Afterword
13. CEDAW and the Committee: personal reflections by Savitri Goonesekera
14. CEDAW: reflections on the framework in the context of culture by Farida Shaheed
15. Reflections on CEDAW by Radhika Coomaraswamy
16. Endnote by Meena Shivdas and Sarah Coleman
Meena Shivdas (Editor)Meena Shivdas is a gender and development specialist and adviser in the Gender Section of the Social Transformation Programmes Division of the Commonwealth Secretariat, London.
Sarah Coleman (Editor)Sarah Coleman is a barrister and legal officer in the Justice Section of the Legal and Constitutional Affairs Division of the Commonwealth Secretariat, London.
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