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 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 11 June 2012 · Comments Off
N.S.F., a Pakistani national, sought asylum in the U.K. on behalf of herself and her two children. She claimed that she was entitled to asylum because she is a victim/survivor of domestic violence, including marital rape and death threats, and had a well-founded fear of persecution at the hands of her abusive ex-partner. In … Read more
Category Asylum claim, CEDAW art 2, CEDAW art 3, Domestic and family violence, European Convention on Human Rights, Failure to exhaust domestic remedies, Failure to substantiate claim, General Recommendation No 19, Interim measures, Manifestly ill-founded, N.S.F. v. U.K., OP art 4(1), OP art 4(2)(a), OP art 4(2)(c), Same matter, UK · Tagged with asylum claim, CEDAW, domestic violence, N.S.F. v. U.K., Optional Protocol, Pakistan
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 19 May 2012 · Leave a Comment
M.P.M., a Mexican national, sought asylum in Canada in 2006. M.P.M. claimed that she was entitled to asylum because she is a victim/survivor of domestic violence and was seeking to escape her abusive ex-husband, a Mexican police officer. Canadian authorities dismissed M.P.M.’s claim on the basis that she had failed to establish that she was … Read more
Category Asylum claim, Canada, CEDAW art 15, CEDAW art 16, CEDAW art 2(c), CEDAW art 2(d), CEDAW art 3, Convention against Torture and Other Cruel, Convention relating to the Status of Refugees, Cruel, inhuman and degrading treatment or punishment, Deportation, Domestic and family violence, Extraterritoriality, Failure to exhaust domestic remedies, Failure to substantiate claim, Incompatible, Inhuman or Degrading Treatment or Punishment, M.P.M. v. Canada, Manifestly ill-founded, N.S.F. v. U.K., OP art 4(1), OP art 4(2)(b), OP art 4(2)(c) · Tagged with asylum, CAT, CEDAW art 15, CEDAW art 16, CEDAW art 2(c), CEDAW art 2(d), CEDAW art 3, Convention relating to the Status of Refugees, domestic violence, M.P.M. v Canada, OP CEDAW art 4(1), OP CEDAW art 4(2)(b), OP CEDAW art 4(2)(c)
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 Failure to substantiate claim, OP art 4(2)(c), Domestic and family violence, CEDAW art 1, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(c), CEDAW art 5(a), OP art 5, Extraterritoriality, Interim measures, CEDAW art 2(f), Gender stereotyping, Due diligence, Fair trial, General Recommendation No 19, CEDAW art 2(g), CEDAW art 2(e), CEDAW art 16, Bulgaria, V.K. v. Bulgaria · Tagged with failure to substantiate claim, OP CEDAW art 4(2)(c), CEDAW art 1, CEDAW art 2(a), CEDAW art 2(b), CEDAW art 2(c), extraterritoriality, OP CEDAW art 5, interim measures, domestic and family violence, CEDAW art 2(f), gender stereotyping, due diligence, General Recommendation No. 19, fair trial, CEDAW art 16, CEDAW art 2(e), CEDAW art 2(g)
