Failure to provide effective protection against rape and sexual assault violated CEDAW (V.P.P. v. Bulgaria)
This post discusses rape and sexual assault and may be considered psychologically triggering V.P.P., a minor, was sexually assaulted by B.G., an adult man who lived in a neighbouring apartment building. Bulgarian authorities waited two years before indicting B.G. for “sexual molestation of a minor”. The District Court approved a plea bargain agreement that B.G. … Read more
CEDAW nationality communication inadmissible (J.S. v. U.K.)
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
New resources on CEDAW and its Optional Protocol
New jurisprudence The Concluding Observations from the CEDAW Committee’s 54th session are now available. The following States Parties were examined during this session: Angola; Austria; Cyprus; Greece; Hungary; Pakistan; and, The Former Yugoslav Republic of Macedonia. During its 54th session, the CEDAW Committee adopted General Recommendation 29 on article 16 of CEDAW (advance unedited version). The General Recommendation focuses … Read more
Vertido v Philippines: prompting a re-examination of models of rape law? (Ben Warwick)
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)
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
Wrongful gender stereotyping in rape trials: Vertido as one tentative step towards “equality as transformation” (Kelly Reeve)
Kelly Reeve analyses the decision of the Committee on the Elimination of Discrimination against Women (CEDAW Committee) in Karen Tayag Vertido v. The Philippines and its implications for transformative equality. Article 5(a) of CEDAW and the aspiration of equality as transformation On 16 July 2010, the CEDAW Committee held in Karen Tayag Vertido v. The Philippines … Read more
The Optional Protocol to CEDAW: Not a Big, Bad Wolf but an Indispensable Guide Dog (Madhu Mehra: Partners for Law in Development)
Madhu Mehra of Partners for Law in Development in India debunks a number of myths related to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Optional Protocol) It is worth probing why only 104 of the 186 state parties to the Convention on the Elimination of All Forms of Discrimination against … Read more
Using the inquiry procedure to ensure gender equality (Equality Now)
Jacqui Hunt and Shanta Bhavnani of Equality Now explain the background to the first inquiry undertaken by the Committee on the Elimination of Discrimination against Women (CEDAW Committee) under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Optional Protocol). The inquiry concerned the abduction, rape … Read more
