1,720,968 research outputs found
Analyzing Women\u27s Use of the Internet through the Rights Debate
Women\u27s use of the Internet has received very little attention from feminist legal commentators. While they increasingly turn to it as a source of information and as an advocacy tool, feminist legal scholars and advocates have failed to analyze the Internet in terms of its significance to women. In this Essay, Bahdi argues that feminists must be concerned that access to the Internet is often limited to relatively privileged women in relatively privileged countries. Yet, we can harness the Internet in the promotion of women\u27s rights and recognize it as an important feminist medium, as long as we understand its strengths and take its shortcomings into consideration. Indeed, the strengths and shortcomings of the Internet parallel to a large extent those identified by feminists in the rights debate; and the rights debate provides an established framework for assessing the Internet\u27s efficacy-in particular, its role in the feminist agenda of promoting dignity and equality for women. Bahdi thus begins her analysis of the Internet on the familiar terrain laid out by the feminist debate over rights claims. First, she briefly sets out the debate over rights in the context of international human rights law and the evolving norms of violence against women. Next, she turns to the Internet and seeks to draw parallels between the rights debate and the Internet\u27s efficacy in advancing women\u27s rights. Finally, Bahdi discusses the need for vigilance and constant evaluation of our use of the Internet, identifying some strategies that can help make the Internet more accessible to women and women\u27s groups around the world
Women's access to justice : texts and contexts
This paper identifies key issues related to women’s democratic governance, women’s rights and the rule of law. It discusses barriers that women face in accessing justice, the roles possible for NGOs in the realization of women’s rights, and the potential for reinforcing roles that women in positions of power can play in promoting women’s rights. Social, political and economic inequality inevitably replicate themselves as substantive, procedural and social barriers to access to justice. Case studies were drawn from a wide geographic range with regard to women's rights to democratic development and to equal benefit and protection of the law
Women's access to justice
The presentation addresses women’s access to justice and to what extent law promotes empowerment.
It provides the beginnings of a legal framework from which to position further advocacy. Access to justice is not simply an internal matter: security discourses and anti-terrorism laws are based on human rights; globalization and “free markets” include worker rights and the right to work in an occupation of one’s choice. This brief presentation ends with the question: How do we take intersectionality into account in developing and assessing access to justice strategies
“All Arabs Are Liars”: Arab and Muslim Stereotypes in Canadian Human Rights Law
Stereotypes exclude, stigmatize, and burden Arabs and Muslims in Canada. This article examines three prevailing Arab and Muslim stereotypes: the conviction that Arabs and Muslims have a culturally ordained propensity towards violence; the belief that, regardless of their citizenship status, Arabs and Muslims remain foreigners who threaten Western values and; the notion that Arabs and Muslims are dishonest. The analysis rests on the facts found and conclusions reached in nine claims filed by Arab or Muslim applicants before the British Columbia, Ontario, Quebec or Canadian human rights tribunals. The tribunal decisions reveal that the terrorist profile requires the other two profiles for its efficacy, but the liar/untrustworthy motif and the un-Canadian/existential threat motif also operate independently of the terrorist motif. The cases also suggest that gender, racialization, and religion mediate the way in which the different stereotypes are invoked, and that Arabs and Muslims are stereotyped in diverse contexts including workplaces, schools, and state institutions. The cases also illuminate how stereotyping has profoundly impacted the financial, emotional, physical, and social health of the complainants but the human rights regimes examined do not always recognize the stereotypes that arise on the facts before them
Globalization of judgment, transjudicialism, international human rights law and Commonwealth courts
grantor:
University of TorontoThis paper develops a theory of international human rights law's relationship to domestic law that mediates between local values and international law's ambition to govern. It is divided into four parts. Chapter I explores the strengths and weaknesses of various existing approaches to the domestic use of international law. Chapter II identifies five rationales invoked by Commonwealth courts to justify their reliance on international law. Chapter III develops an approach to international law's relationship to domestic law that is grounded in the case law and that builds on the strengths of existing theories while seeking to address their shortcomings. Chapter IV turns to some of the theoretical questions posed by the invocation of international norms in divergent cultural and legal contexts. Are divergent interpretations permissible? Are they avoidable? Drawing on Hans-Georg Gadamer's hermeneutic philosophy, it concludes that the same norm can give rise to divergent meanings without succumbing to relativism.LL.M
Security Council Resolution 1325: Practice and Prospects
United Nations Security Council Resolution 1325 calls for a more active role for women in the prevention and reconciliation of conflicts. Focusing on the Palestinian Right of Return and the work of a feminist organization called the Jerusalem Link, this paper examines Resolution 1325’s premise that women can make a unique contribution to peace building. As “transfer” or the ethnic cleansing of Palestinians from the West Bank and Gaza looms on the horizon, scholars, advocates, and policy-makers must pay more attention to the work of women peace-builders because they might be able to help chart a path towards a real and just solution on seemingly intractable issues such as the Right of Return.La résolution 1325 du Conseil de sécurité des Nations Unies recommande un rôle plus actif pour les femmes dans la prévention des conflits et la recherche de la paix et de la sécurité. Cet article se penche sur la question du Droit au retour des Palestiniens ainsi que sur le travail accompli par une organisation féministe du nom de Jerusalem Link, et étudie la prémisse de la résolution 1325, qui présume que les femmes sont capables d’apporter une contribution unique au maintien de la paix. Alors que pointe à l’horizon le « transfert » ou, purification ethnique des Palestiniens de Cisjordanie et de la bande de Gaza, chercheurs, défenseurs et responsables politiques se doivent de porter plus d’attention au travail des femmes pour la consolidation de la paix, car elles pourraient très bien pouvoir contribuer à l’élaboration d’une voie menant vers une solution réelle et juste aux questions d’apparence insoluble, comme par exemple celle du Droit au retour
Globalization of judgment, transjudicialism, international human rights law and Commonwealth courts
grantor:
University of TorontoThis paper develops a theory of international human rights law's relationship to domestic law that mediates between local values and international law's ambition to govern. It is divided into four parts. Chapter I explores the strengths and weaknesses of various existing approaches to the domestic use of international law. Chapter II identifies five rationales invoked by Commonwealth courts to justify their reliance on international law. Chapter III develops an approach to international law's relationship to domestic law that is grounded in the case law and that builds on the strengths of existing theories while seeking to address their shortcomings. Chapter IV turns to some of the theoretical questions posed by the invocation of international norms in divergent cultural and legal contexts. Are divergent interpretations permissible? Are they avoidable? Drawing on Hans-Georg Gadamer's hermeneutic philosophy, it concludes that the same norm can give rise to divergent meanings without succumbing to relativism.LL.M
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