CEDAW nationality communication inadmissible (J.S. v. U.K.)

Simone Cusack - Lake Geneva, Switzerland (2013)

J.S., an Indian national, was born in 1976.  When he was born, the British Nationality Act 1948 prevented his mother from passing her U.K. citizenship onto him.  Under section 5 of the Act, only fathers could pass their citizenship onto their children. J.S. submitted a communication under the Optional Protocol to the Convention on the … Read more

The major reproductive rights developments from OP CEDAW Cases (Dr Ronli Sifris)

Simone Cusack - Phillip Island 2012

Dr Ronli Sifris discusses some of the major reproductive rights developments under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women In two of its decisions, A.S. v. Hungary and L.C. v. Peru, the Committee on the Elimination of Discrimination against Women (CEDAW Committee) expressed the view that … Read more

Vertido v Philippines: prompting a re-examination of models of rape law? (Ben Warwick)

Ben Warwick - Friars River 2012

Ben Warwick analyses the decision of the Committee on the Elimination of Discrimination against Women (Committee) in Karen Tayag Vertido v The Philippines and its implications for rape law. This post contains discussion of rape and sexual violence and may be considered psychologically triggering. A mention of gender-based violence in the Convention on the Elimination of All Forms of Discrimination … Read more

Failure to provide effective protection against domestic violence violated CEDAW (Isatou Jallow v. Bulgaria)

UN Geneva - Simone Cusack (2003)

  Isatou Jallow moved from the Gambia to Bulgaria after marrying A.P., a Bulgarian national.  Once in Bulgaria, A.P. allegedly became abusive toward Jallow and subjected her to physical and psychological violence, including sexual abuse, and attempted to force her to take part in pornographic films and photographs.  He reportedly also abused their daughter, M.A.P. … Read more

Failure to prevent loss of ownership of property a violation of CEDAW (Cecilia Kell v Canada)

Niagara Falls, Canada - Simone Cusack (2003)

In 1990, William Senych applied for housing without the knowledge of his common law partner, Cecilia Kell, an Aboriginal woman from the Rae-Edzo community in the Northwest Territories (N.W.T.) of Canada.  Senych’s application was denied because he was not a member of the Rae-Edzo community for which the housing was earmarked.  On the advice of … Read more

Failure to ensure de facto equality in employment a violation of CEDAW (R.K.B. v. Turkey)

Turkey - Luke Cusack (2009)

R.K.B.’s employer, a hairdressing salon, terminated her contract of employment.  It also allegedly threatened to spread rumours that R.K.B. had extramarital affairs in order to pressure her to sign a document stating that she had received all of her work entitlements and precluding her from suing for unfair dismissal.  R.K.B. did not sign the document, … Read more

Treatment of woman in detention violated CEDAW (Inga Abramova v. Belarus)

Belarus countryside -  alexjamesdf (2011)

  The Lenin District Court of Belarus found Inga Abramova guilty of ‘minor hooliganism’ for hanging ribbons and posters calling for participation in the ‘European March.’  It subsequently ordered her to serve five days administrative arrest.  Abramova claimed that, during her detention, a male staff member subjected her to a body search, touched her inappropriately, … Read more

Failure to protect woman against domestic violence a violation of CEDAW (V.K. v. Bulgaria)

Burgas, Bulgaria - Andrew Griffith (2010)

  V.K., a Bulgarian national, claimed that her husband, F.K., subjected her to varied forms of domestic violence.  In 2006, V.K. moved to Poland with her husband and their children.  In 2007, following continued abuse, V.K. filed an application for protective measures and financial maintenance with the Warsaw District Court, but the proceedings went unresolved.  … Read more

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