1. Women, Law & Development International Chart # 3 - 1
Women’s Human RightsWomen’s Human Rights
Which rights?Which rights? Where found?Where found? ChallengesChallenges
All rights that apply toAll rights that apply to
both men and womenboth men and women
Rights found in generalRights found in general
Human rightsHuman rights
InstrumentsInstruments
To assure that thee rightsTo assure that thee rights
are consistently appliedare consistently applied
to both sexesto both sexes
Rights that are specific toRights that are specific to
women or that need to bewomen or that need to be
amplified for women’samplified for women’s
situation.situation.
Rights covered inRights covered in
specializedspecialized
instruments, such asinstruments, such as
CEDAW.CEDAW.
To assure that theseTo assure that these
rights are treated withrights are treated with
equal seriousness as theequal seriousness as the
general human rights.general human rights.
Evolving rightsEvolving rights Not yet defined orNot yet defined or
covered in any treatycovered in any treaty
or instrument.or instrument.
To press for the explicitTo press for the explicit
definition of these rights.definition of these rights.

2. Women, Law & Development International Chart # 3 - 2
1948 UDHR
1966
ICCPR
ICESCR
Emergence of theEmergence of the
UN Human Rights SystemUN Human Rights System
1995
Beijing 1999
CEDAW
Optional
1985 Nairobi
Women’s
Conference
and NGO
Forum
1975 First UN
Women’s
Conference
1976
ICCPR &
ICESCR
ENTER INTO
FORCE. . .1980
CEDAW
Adopted

3. Women, Law & Development International Chart # 3 - 3
Economic “Development” &Economic “Development” &
“Underdevelopment.”“Underdevelopment.”
• Poverty in the Third WorldPoverty in the Third World
• Equality and inequality between socialEquality and inequality between social
classesclasses
• Growing economic disparity betweenGrowing economic disparity between
developed and underdeveloped worlddeveloped and underdeveloped world
• UN “Decades for Development” 1960s-UN “Decades for Development” 1960s-
1970s1970s

4. Women, Law & Development International Chart # 3 - 4
A New Human Rights ActivismA New Human Rights Activism
 Political repression throughout thePolitical repression throughout the
world--dictatorships, independenceworld--dictatorships, independence
struggles, “totalitarianism” of differentstruggles, “totalitarianism” of different
stripes.stripes.
 Human rights organizations formed inHuman rights organizations formed in
response.response.
 Citizens begin to use human rightsCitizens begin to use human rights
mechanisms and pressure system.mechanisms and pressure system.

5. Women, Law & Development International Chart # 3 - 5
Gender Theories DevelopGender Theories Develop
 ““Women in Development” (WID)Women in Development” (WID)
framework responds to women'sframework responds to women's
unequal status in the developing world.unequal status in the developing world.
 Recognition of female “subordination”Recognition of female “subordination”
energizes efforts to emancipate womenenergizes efforts to emancipate women
in the developed world.in the developed world.

6. Women, Law & Development International Chart # 3 - 6
Emergence of theEmergence of the
Women’s HR MovementWomen’s HR Movement
Development &Development &
underdevelop-mentunderdevelop-ment
PoliticalPolitical
repressionrepression
Gender:Gender:
WIDWID
FeminismFeminism
Human RightsHuman Rights
ExperiencesExperiences
““FeministFeminist
HumanHuman
Rights”Rights”
ParadigmParadigm
IdeasIdeas
1950’s – 1960’s – 1970’s – 1980’s1950’s – 1960’s – 1970’s – 1980’s 1990’s1990’s
Influences:Influences:

7. Women, Law & Development International Chart # 3 - 7
Developments in theDevelopments in the
Protection of Women’s HumanProtection of Women’s Human
RightsRights Universal Declaration of
Human Rights
(UDHR) - 1948
International Covenant on
Economic, Social and
Cultural Rights
(ICESCR) 1976
International Covenant on
Civil and Political
Rights (ICCPR) 1976
Convention on the Elimination of all
Forms of Discrimination Against Women
(CEDAW) 1980
Vienna Declaration and Programme of Action
1993
INTERNATIONAL
BILL OF RIGHTS
Optional Protocol to CEDAW 1999

8. Women, Law & Development International Chart # 3 - 8
UN ConferencesUN Conferences
 Beijing +5 Women 2000: Gender Equality, Development andBeijing +5 Women 2000: Gender Equality, Development and
Peace for the 21st Century" - Special Session of the GeneralPeace for the 21st Century" - Special Session of the General
Assembly, 5-9 June 2000Assembly, 5-9 June 2000
 Habitat II, Istanbul 1996Habitat II, Istanbul 1996
 Fourth World Conference on Women, Beijing 1995 (FWCW)Fourth World Conference on Women, Beijing 1995 (FWCW)
 World Summit for Social Development, Copenhagen 1995World Summit for Social Development, Copenhagen 1995
 International Conference on Population and Development, CairoInternational Conference on Population and Development, Cairo
19941994
 UN Conference on Human Rights, Vienna, 1993UN Conference on Human Rights, Vienna, 1993
 UN Conference on Environment and Development (UNCED), Rio deUN Conference on Environment and Development (UNCED), Rio de
Janeiro 1992Janeiro 1992
 World Conference to Review and Appraise the Achievements of theWorld Conference to Review and Appraise the Achievements of the
UN Decade for Women, Nairobi 1985UN Decade for Women, Nairobi 1985

9. Women, Law & Development International Chart # 3 - 9
Optional Protocol to CEDAWOptional Protocol to CEDAW
Adopted - October 6, 1999
Brought into force December 10, 2000
The Optional Protocol is significant because it:
 provides an international remedy for violations of women’s rights;
 places pressure on governments to address the means currently
available to women at the domestic level; and
 places CEDAW on an equal footing with other international human
rights instruments having individual complaint procedures.
Two procedures of the Optional Protocol:
 1. Communications Procedure - allows individual women, or groups
of women, to submit claims of violations of rights protected under the
Convention to the committee; and
 2. Inquiry Procedure - enables the Committee to initiate inquires into
situations of grave or systematic violations of women’s rights.

10. Women, Law & Development International Chart # 3 - 10
Progress and Women’s ActivismProgress and Women’s Activism
 Women challenge prevailing viewsWomen challenge prevailing views
about how rights are understood.about how rights are understood.
 The human rights system respondsThe human rights system responds
 New documents (conventions,New documents (conventions,
declarations) incorporate the newdeclarations) incorporate the new
views.views.
 (For example: Violence against women was not(For example: Violence against women was not
mentioned in any human rights document, includingmentioned in any human rights document, including
CEDAW, until 1993. The Vienna DeclarationCEDAW, until 1993. The Vienna Declaration
recognized violence against women as a humanrecognized violence against women as a human
rights violation. A special rapporteur was later namedrights violation. A special rapporteur was later named
to investigate violations.)to investigate violations.)

11. Women, Law & Development International Chart # 3 - 11
Obstacles to the Women’sObstacles to the Women’s
Human Rights MovementHuman Rights Movement
 The public/private split.The public/private split.
 Universality of human rights.Universality of human rights.
 Social and economic rights.Social and economic rights.
 Human rights monitoring andHuman rights monitoring and
enforcement.enforcement.

12. Women, Law & Development International Chart # 3 - 12
A Divided UniverseA Divided Universe
Practice of Women'sPractice of Women's
RightsRights
OrganizationsOrganizations
Practice of HumanPractice of Human
RightsRights
OrganizationsOrganizations
Human RightsHuman Rights
Not Yet DefinedNot Yet Defined
Civil & Political RightsCivil & Political Rights
Civil and PoliticalCivil and Political
RightsRights
Social and EconomicSocial and Economic
RightsRights
Human Rights PracticeHuman Rights Practice
Reproductive rightsReproductive rights
–Sexual rightsSexual rights
Recognized Human RightsRecognized Human Rights

13. Women, Law & Development International Chart # 3 - 13
An Integrated UniverseAn Integrated Universe
Practice of Women'sPractice of Women's
Rights OrganizationsRights Organizations
Practice of HumanPractice of Human
Rights OrganizationsRights Organizations
Civil & Political RightsCivil & Political Rights
Social & EconomicSocial & Economic
RightsRights
Human Rights Not YetHuman Rights Not Yet
DefinedDefined
Human Rights PracticeHuman Rights Practice

14. Women, Law & Development International Chart # 3 - 14
Aims of Women’s Human RightsAims of Women’s Human Rights
ActivismActivism
 To expand the definition of rights toTo expand the definition of rights to
include new interpretations,include new interpretations,
 To expand the scope of governmentTo expand the scope of government
responsibility for the defense andresponsibility for the defense and
protection of women’s rights, andprotection of women’s rights, and
 To assure the enjoyment of rightsTo assure the enjoyment of rights
(making rights real) in women’s lives.(making rights real) in women’s lives.

15. Women, Law & Development International Chart # 3 - 15
““Name”Name”
thethe rightright
The Process of Creating Rights:The Process of Creating Rights:
 Define itDefine it
 Clarify itClarify it
 Identify & nameIdentify & name
its violationsits violations
GainGain thethe
right’sright’s acceptanceacceptance
AssureAssure thethe
right’sright’s enjoymentenjoyment
As defined in:As defined in:
 Treaties andTreaties and
conventionsconventions
 ConstitutionsConstitutions
 LegislationLegislation
 PoliciesPolicies
 Rules and regulationsRules and regulations
 Authoritative opinions & decisionsAuthoritative opinions & decisions
 Common understandingCommon understanding
 Hold the
responsible state
accountable
11 22 33

16. Women, Law & Development International Chart # 3 - 16
Developing HUMAN RIGHTSDeveloping HUMAN RIGHTS
entails:entails:
 naming the rightnaming the right
 gaining public acceptance of the rightgaining public acceptance of the right
 assuring the right’s enforcement/assuring the right’s enforcement/
enjoymentenjoyment

17. Women, Law & Development International Chart # 3 - 17
““Name”Name”
the issuethe issue
The Process of Doing advocacyThe Process of Doing advocacy
GainGain acceptanceacceptance
AssureAssure
implementationimplementation
11 22 33
Identify a policyIdentify a policy
issue or interestissue or interest
(problem) and(problem) and
propose a policypropose a policy
change (solution).change (solution).
Gain publicGain public
recognitionrecognition
of the problemof the problem
andand
support for thesupport for the
solution.solution.
Assure correctAssure correct
implementation orimplementation or
enforcement throughenforcement through
vigilant action.vigilant action.