Women's Law and Human Rights, Outline of 11 December 2003



|Women's Law and Human Rights, Outline of January 2006

Course Leader Professor Anne Hellum

Tuesday and Thursday 14.15 – 16.00

Duration 24 hours and a double guest lecture:

25 April – Double Lecture – 10.15 – 14.00

Women’s human rights in Islam, professor Shaheen Sardar Ali

Where to find the curriculum:

The assigned articles/book chapters of main literature are compiled in Compendium. Women's Law and Human Rights. Selected Articles. Part I and II 2004 will provide a thorough understanding of the above listed topics so as to meet the requirements of the examination. (For sale in Academica Bookshop end of January 2006)

The assigned introductory/background literature is compiled in Compendium III Women’s Law and Human Rights. Introductory/Background Literature (Made available at the Institute of Women’s Law, Domus Nova in January 2006)

8. March

Course Introduction.

Introduction to the UN Convention on the Elimination of All Forms of Discrimination Against Women and related international instruments,

Professor Anne Hellum

9. March

Justice, Equality and Dignity: Introduction to the UN Convention on the Elimination of All Forms of Discrimination Against Women and related international instruments, Professor Anne Hellum.

Reading:

Esperanza Hernandez-Tryol, Bertha, “Human Rights Through a Gendered Lens: Emergence, Evolution, Revolution”, in Women and International Human Rights Law, Vol 1 Kelly D. Askin and Dorean M. Koenig (eds) pp.3-41.

Byrnes, Andrew, “The Convention on the Elimination of All Forms of Discrimination Against Women”, in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books, pp. 119-173.

Cook, Rebecca "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.

General Recommendations 1-25, CEDAW Committee

General Comment 28, Human Rights Committee

General comment 16, Committee on Social, Economic and Cultural Rights

14. March

Non-Discrimination, Self Determination and the Right to Health. Professor Anne Hellum

Reading:

Cook, Rebecca, "Human Rights in Relation to Women’s Health”, World Health Organization. pp.1-5.

Staib, Anne Lene, “Adolescent Girls’ Right to Contraception and Means of Protection from STD, in Women’s Human Right and Reproductive Autonomy: The Argument of Development Illustrated Through Adolescents Girls’ Right to Choose Protection From Procreation and Sexually Transmitted Diseases” Studies in Women’s Law no 46 2001 pp.87-98.

-General Recommendation 24, Women and Health, CEDAW

- General Recommendation no14, Social and Economic and Cultural Rights

- General Comment no 3 and 4, The Rights of the Child

- Case of Airey v. Ireland

- Case of Open Door and Dublin Well Women

16. March

Women’s Right to Non-Discrimination and Equality in the Labour Market. Professor Kirsten Ketscher

Reading:

Oosterveld, Valerie, “Women in Employment”, in Women and International Human Rights Law, Vol 1 Kelly D. Askin and Dorean M. Koenig (eds) pp.367-403.

Ketscher, Kirsten “From Marriage Contract to Labour Contract: Effect on Care Duties and Care Rights” in Kevat Nousiainen et al (eds) Responsible Selves. Women in the Nordic Legal Culture” Darmouth: Ashgate 2001 pp. 155-173

- CEDAW General Recommendation no 13

- Directive 2000/43/EC. Equal treatment in employment and occupation

- Bilka –case

- Dekker –case

- Tele Denmark case

21 March

Integrity, equality and non discrimination in the Family: Article 16 of the Women’s Convention. Professor Anne Hellum

Reading:

Byrnes, Andrew,“The Convention on the Elimination of All Forms of Discrimination Against Women”, in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books pp. 123-129.

Radhika, Coomaraswamy and Lisa M. Kois , “Violence Against Women”, in Women and International Human Rights Law, Vol 1 Kelly D. Askin and Dorean M. Koenig (eds) pp.139-177.

|Hellum, Anne, "Women's Human Rights and African Customary Laws: Between Universalism and Relativism - Individualism and Communitarianism", in European Journal of Development Studies No. 3 1998. pp. 88-104.

- General Recommendation, CEDAW no.16

- General Recommendation , CEDAW no. 12

- CEDAW General Recommendation no 13

- Declaration on the Elimination of All Forms of Violence Against Women

23. March. Regional Approaches to the Human Rights of Women: An African Perspective on the Development of the Human Rights of Women. Anne Hellum

Reading:

Ankumah, Evelyn A., "The Status of Women under the African Charter", in Ankumah The African Commission on Human and People's Rights. Practice and Procedures. Martinus Nijhoff Publishers 1996. pp 151- 158.

Banda, Fareda, “Meaningless Gestures? African Nations and the Convention on the Elimination of All Forms of Discrimination Against Women”, in ", in Eekelaar and Nhlapo

Kisaakye, Ester M. “Women, Culture and Human Rights: Female Genital Mutilation, Polygamy and Bride Price, in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books, pp. 268-286.

- Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa

- Unity Dow case

- Magaya v Magay case

28 March

Incorporation, Implementation and Monitoring Anne Hellum

Reading

Gallagher, Anne, "Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System", in Human Rights Quarterly 19: 283-309.

- Norway's 6th Periodic Report to CEDAW

- CEDAW's Consideration of Norway's 6th Report

- CEDAW’s Consideration of Zimbabwe’s Report

30 March

Achieving Substantive Equality: Temporary Special Measures,

Dr. Ronald Craig

Jane Hodges Aberhard, “Affirmative Action in Employment: Recent court approaches to a difficult concept”,

- General Recommendation CEDAW no. 5

- General Recommendation CEDAW no. 25

- General Comment 15 Social and Economic and Cultural Human Rights

- Directive 2000/43/EC. Equal treatment in employment and occupation

- Marshall case

- University of Oslo case

4 April

Women's Human Rights and Legal Pluralism, Cross-cultural Perspectives. Professor Anne Hellum

Reading:

Nussbaum, Martha, "Women and Equality: The Capabilities Approach", in International Labour Review, Vol. 138, No 3, 1999. pp. 227 - 245.

Okin, Susan Moller, “Is Multiculturalism Bad for Women?” in Is Multiculturalism Bad for Women?, Cohen, Howard and Nussbaum eds.1999, Princeton University Press pp. 7-27.

Engle Merry, Sally, “Women, Violence and the Human Rights System”, in Women, Gender and Human Rights. A Global Perspective. Majorie Agosin (ed), Rutgers University Press. pp. 83-98.

Bentzon, Hellum, Stewart et al, “Legal Pluralism”, in Pursuing Grounded Theory in Law. South-North Experiences in Developing Women's Law. TANO/MOND 1998. pp. 30-63.

|Hellum, Anne, "Women's Human Rights and African Customary Laws: Between Universalism and Relativism - Individualism and Communitarianism", in European Journal of Development Studies No. 3 1998. pp. 88-104.

- Case of Leyla Sahin v. Turkey

6. April

Student presentations, implementation of CEDAW,

Mock Exam

25 April

Gender and Human Rights in Islam. By Professor Shaheen Sardar Ali

10.15 – 14.00

Reading:

Ali, Shaheen Sardar, “The Conceptual Foundations of Human Rights: A Comparative Perspective”, in European Public Law Vol.3, Issue 2. pp 261-282.

Arif, Kamran and Shaheen Sardar Ali, "Parallell Judicial Systems in Pakistan and Consequences for Human Rights", in Shaping Women's Lives (ed Shaheed et al) , Shirkat Gah 1998. pp. 29-59.

Shaheen Sardar Ali, “Is and Adult Muslim Woman Sui Juris? Some Reflections on the Concept of Consent in Marriage Without a Wali (With Reference to the Saima Waheed Case”, in Yearbook of Islamic Law pp. 156-173.

- Abdul Waheed Case

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