Journal Article

Women's rights under international human rights treaties: Issues of rape, domestic slavery, abortion, and domestic violence

Beate Rudolf and Andrea Eriksson

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 5, issue 3, pages 507-525
Published in print July 2007 | ISSN: 1474-2640
Published online July 2007 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mom022
Women's rights under international human rights treaties: Issues of rape, domestic slavery, abortion, and domestic violence

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Most contemporary constitutions prohibit discrimination based on gender. Yet, as feminist legal scholars have shown, even a constitutional principle of nondiscrimination is not sufficient by itself to ensure women's de facto equality.1 These scholars advocate applying a gendered perspective to constitutional law so as to adapt it to the specific situation of women.2 In recent years, universal and regional human rights bodies have begun to employ this approach in connection with human rights treaties, interpreting them in light of the special threats posed to women's human rights. Such interpretations lend themselves to transposition into national constitutional law (in some if not all cases) and, in legal systems that have formally incorporated public international law, such transpositions may even be obligatory.

Journal Article.  8782 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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