Posted by simonecusack on 17 March 2013 · Leave a Comment
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
Category CEDAW art 1, CEDAW art 2, CEDAW art 3, CEDAW art 9, Failure to exhaust domestic remedies, General Recommendation No 21, Incompatible, J.S. v. U.K., Manifestly ill-founded, Nationality, OP art 2, OP art 4(1), OP art 4(2)(b), OP art 4(2)(c), OP art 4(2)(e), standing, UK · Tagged with British Nationality Act 1948, CEDAW, Convention on the Elimination of All Forms of Discrimination Against Women, Optional Protocol, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, Women
Posted by simonecusack on 13 January 2013 · 2 Comments
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
Category A.S. v. Hungary, Abortion, Alyne da Silva Pimentel Teixeira (deceased) v. Brazil, Brazil, CEDAW art 1, CEDAW art 10(h), CEDAW art 12, CEDAW art 16, CEDAW art 16(1)(e), Health, Hungary, L.C. v. Peru, Peru, Rape and sexual assault, Sterilization · Tagged with Abortion, CEDAW, CEDAW Committee, Convention on the Elimination of All Forms of Discrimination Against Women, Discrimination, Hungary, Peru, Women
Posted by simonecusack on 14 December 2012 · Leave a Comment
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
Category CEDAW art 1, CEDAW art 2(c), CEDAW art 2(f), CEDAW art 5(a), Gender stereotyping, General Recommendation No 19, General Recommendation No 24, General Recommendation No 3, Karen Tayag Vertido v The Philippines, Rape and sexual assault, The Philippines · Tagged with Ben Warwick, CEDAW, gender stereotyping, Karen Tayag Vertido v The Philippines, Optional Protocol, rape
Posted by simonecusack on 6 November 2012 · Leave a Comment
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
Category Access to justice, Bulgaria, CEDAW art 1, CEDAW art 16(1)(c), CEDAW art 16(1)(d), CEDAW art 16(1)(f), CEDAW art 16(1)(g), CEDAW art 2, CEDAW art 2(b), CEDAW art 2(c), CEDAW art 2(d), CEDAW art 2(e), CEDAW art 2(f), CEDAW art 2(g), CEDAW art 3, CEDAW art 5(a), Child custody, Domestic and family violence, Due diligence, Failure to exhaust domestic remedies, Failure to substantiate claim, General Recommendation No 19, General Recommendation No 21, General Recommendation No. 28, Isatou Jallow v Bulgaria, Manifestly ill-founded, Migrant women, Minor, OP art 4(1), OP art 4(2)(c), Pornography, Rape and sexual assault · Tagged with access to justice, CEDAW, domestic violence, Isatou Jallow v Bulgaria, migrant women, Optional Protocol, pornography
Posted by simonecusack on 22 May 2012 · Leave a Comment
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
Category Canada, Cecilia Kell v Canada, CEDAW art 1, CEDAW art 14(2)(h), CEDAW art 15(4), CEDAW art 16(1)(h), CEDAW art 2(d), CEDAW art 2(e), Domestic and family violence, Effective remedy, Failure to exhaust domestic remedies, Failure to substantiate claim, General Recommendation No. 28, Indigenous women, Manifestly ill-founded, OP art 4(1), OP art 4(2)(c), OP art 4(2)(e), Property, Rural women, Violations predated Protocol · Tagged with Aboriginal women, Cecilia Kell v Canada, CEDAW art 1, CEDAW art 14(2)(h), CEDAW art 15(4), CEDAW art 16(1)(h), CEDAW art 2(d), CEDAW art 2(e), domestic violence, General Recommendation No. 28, intersectional discrimination, OP CEDAW art 4(1), OP CEDAW art 4(2)(c), OP CEDAW art 4(2)(e), Optional Protocol to CEDAW, property
Posted by simonecusack on 19 May 2012 · Leave a Comment
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
Category CEDAW art 1, CEDAW art 11(1)(a), CEDAW art 11(1)(d), CEDAW art 2(a), CEDAW art 2(c), CEDAW art 5(a), Employment, Failure to substantiate claim, Gender stereotyping, General Recommendation No. 28, Incompatible, Manifestly ill-founded, OP art 4(2)(b), OP art 4(2)(c), R.K.B. v. Turkey, Turkey · Tagged with CEDAW art 1, CEDAW art 11(1)(a), CEDAW art 11(1)(d), CEDAW art 2(a), CEDAW art 2(c), CEDAW art 5(a), Employment, gender stereotyping, General Recommendation No. 28, R.K.B. v. Turkey, unfair dismissal
Posted by simonecusack on 15 March 2012 · Comments Off
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
Category Belarus, CEDAW 7(b), CEDAW art 1, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(d), CEDAW art 2(e), CEDAW art 2(f), CEDAW art 3, CEDAW art 5(a), Cruel, inhuman and degrading treatment or punishment, Detention, Failure to exhaust domestic remedies, Failure to substantiate claim, General Recommendation No 19, ICCPR, Inga Abramova v Belarus, OP art 4(1), OP art 4(2)(c), Privacy, Sexual harassment, Standard Minimum Rules for the Treatment of Prisoners, Torture and other cruel, UN Rules for the Treatment of Women Prisoners... · Tagged with Belarus, CEDAW art 1, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(d), CEDAW art 2(e), CEDAW art 2(f), CEDAW art 3, CEDAW art 5(a), CEDAW art 7(b), Cruel, Detention, failure to exhaust domestic remedies, failure to substantiate claim, General Recommendation No. 19, ICCPR, inhuman and degrading treatment or punishment, OP CEDAW art 4(1), OP CEDAW art 4(2)(c), privacy, sexual harassment, torture
Posted by simonecusack on 7 March 2012 · Comments Off
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
Category Bulgaria, CEDAW art 1, CEDAW art 16, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(c), CEDAW art 2(e), CEDAW art 2(f), CEDAW art 2(g), CEDAW art 5(a), Domestic and family violence, Due diligence, Extraterritoriality, Failure to substantiate claim, Fair trial, Gender stereotyping, General Recommendation No 19, Interim measures, OP art 4(2)(c), OP art 5, V.K. v. Bulgaria · Tagged with CEDAW art 1, CEDAW art 16, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(c), CEDAW art 2(e), CEDAW art 2(f), CEDAW art 2(g), domestic and family violence, due diligence, extraterritoriality, failure to substantiate claim, fair trial, gender stereotyping, General Recommendation No. 19, interim measures, OP CEDAW art 4(2)(c), OP CEDAW art 5