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Declaration on Violence Against Women, Girls and Adolescents and Their Sexual and Reproductive Rights
FOLLOW-UP MECHANISM TO THE OEA/Ser.L/II.7.10 CONVENTION OF BELÉM DO PARÁ (MESECVI) MESECVI/CEVI/DEC.4/14 COMITTEE OF EXPERTS (CEVI) September 19 th 2014 September 18 th and 19 th 2014 Original: Spanish Montevideo, Uruguay Declaration on Violence against Women, Girls and Adolescents and their Sexual and Reproductive Rights The Committee of Experts (CEVI) of the Follow-up Mechanism to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI) , Recognizing that the American Convention on Human Rights (1969) and the Additional Protocol to the American Convention on Economic, Social and Cultural Rights “Protocol of San Salvador” (1988), establish the obligation to respect and ensure human rights and fundamental freedoms, as well as the close relationship between economic, social and cultural rights, and civil and political rights; Recognizing that gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedom on a basis of equality with men,1 and that States, according to the Convention on the Elimination of all Forms of Discrimination against Women (1979) and the Inter- American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994), condemn all forms of violence against women, including those related to sexual and reproductive health and rights; Reiterating that sexual violence against women and girls prevents the exercise of their rights as established in regional and international human rights instruments; Ratifying that the American Convention on Human Rights , the Convention on the Elimination of all Forms of Discrimination against Women ; the Protocol of San Salvador and the Convention of Belém do Pará , constitute the corpus juris that protect the human rights of women, girls, and adolescents. -
The Right to Development and the Origins of the New International Economic Order
Daniel J. Whelan ‘‘Under the Aegis of Man’’: The Right to Development and the Origins of the New International Economic Order On September 23, 1966, the Senegalese foreign minister Doudou Thiam gave an impassioned speech to fellow delegates assembled in New York for the opening of the 21st Session of the United Nations General Assembly.1 It began as a reflection on the preceding twenty years of UN history. Despite some modest progress that the UN had achieved in meeting its three primary objectives—the maintenance of peace; the liberation of colonized peoples; and the economic and social development of mankind—this period was more notably exemplified by failures and setbacks: the war in Southeast Asia; the failure of decolonization in Southern Rhodesia and South Africa; and the failure to meet the goals of the UN’s first ‘‘Development Decade.’’2 It was on this third point that Thiam ruminated for the remainder of his speech. The achievement of political and legal sovereignty by newly decolonized states did not resolve the existing imbalance of power between the developing and developed worlds. Thiam cited growing inequality in the share of global income between developed and underdeveloped countries: in 1938, the income disparity was 15:1;by1966 it was 35:1, and projected to be 40:1 by 2000. Thiam insisted that this phenomenon of underdevelopment was not determined by geography or race; it was mobile, moving about in time and space. Western pros- perity vis-a`-vis the Middle East, India, and China was historically recent, and the so- called poor nations were not as poor as they were said to be: in 1963 they held 50 percent of the world’s petroleum, nearly half the copper and manganese ore, and 70 percent of the world’s diamonds. -
Introduction: a Global Approach to Reproductive Justice—Psychosocial and Legal Aspects and Implications
William & Mary Journal of Race, Gender, and Social Justice Volume 20 (2013-2014) Issue 1 William & Mary Journal of Women and the Law: 2013 Special Issue: Reproductive Article 2 Justice December 2013 Introduction: A Global Approach to Reproductive Justice—Psychosocial and Legal Aspects and Implications Joan C. Chrisler Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Human Rights Law Commons, Law and Gender Commons, and the Women's Health Commons Repository Citation Joan C. Chrisler, Introduction: A Global Approach to Reproductive Justice—Psychosocial and Legal Aspects and Implications, 20 Wm. & Mary J. Women & L. 1 (2013), https://scholarship.law.wm.edu/wmjowl/vol20/iss1/2 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl INTRODUCTION: A GLOBAL APPROACH TO REPRODUCTIVE JUSTICE—PSYCHOSOCIAL AND LEGAL ASPECTS AND IMPLICATIONS JOAN C. CHRISLER, PH.D.* INTRODUCTION I. TOPICS COVERED BY THE REPRODUCTIVE JUSTICE MOVEMENT II. WHY REPRODUCTIVE JUSTICE IS DIFFICULT TO ACHIEVE III. WHY REPRODUCTIVE JUSTICE IS IMPORTANT IV. WHAT WE CAN DO IN THE STRUGGLE FOR REPRODUCTIVE JUSTICE INTRODUCTION The term reproductive justice was introduced in the 1990s by a group of American Women of Color,1 who had attended the 1994 Inter- national Conference on Population and Development (ICPD), which was sponsored by the United Nations and is known as “the Cairo conference.” 2 After listening to debates by representatives of the gov- ernments of UN nation states about how to slow population growth and encourage the use of contraceptives and the extent to which women’s reproductive rights could/should be guaranteed, the group realized, as Loretta Ross later wrote, that “[o]ur ability to control what happens to our bodies is constantly challenged by poverty, racism, en- vironmental degradation, sexism, homophobia, and injustice . -
American Declaration on the Rights of Indigenous Peoples
Approved in Santo Domingo, Dominican Republic June 14, 2016 During the Forty-sixth Ordinary Period of Sessions of the OAS General Assembly AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES Organization of American States General Secretariat Secretariat of Access to Rights and Equity Department of Social Inclusion 1889 F Street, NW | Washington, DC 20006 | USA 1 (202) 370 5000 www.oas.org ISBN 978-0-8270-6710-3 More rights for more people OAS Cataloging-in-Publication Data Organization of American States. General Assembly. Regular Session. (46th : 2016 : Santo Domingo, Dominican Republic) American Declaration on the Rights of Indigenous Peoples : AG/RES.2888 (XLVI-O/16) : (Adopted at the thirds plenary session, held on June 15, 2016). p. ; cm. (OAS. Official records ; OEA/Ser.P) ; (OAS. Official records ; OEA/ Ser.D) ISBN 978-0-8270-6710-3 1. American Declaration on the Rights of Indigenous Peoples (2016). 2. Indigenous peoples--Civil rights--America. 3. Indigenous peoples--Legal status, laws, etc.--America. I. Organization of American States. Secretariat for Access to Rights and Equity. Department of Social Inclusion. II. Title. III. Series. OEA/Ser.P AG/RES.2888 (XLVI-O/16) OEA/Ser.D/XXVI.19 AG/RES. 2888 (XLVI-O/16) AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (Adopted at the third plenary session, held on June 15, 2016) THE GENERAL ASSEMBLY, RECALLING the contents of resolution AG/RES. 2867 (XLIV-O/14), “Draft American Declaration on the Rights of Indigenous Peoples,” as well as all previous resolutions on this issue; RECALLING ALSO the declaration “Rights of the Indigenous Peoples of the Americas” [AG/DEC. -
Is There a Human Right to Safe Motherhood Within the United Nations Legal System?
(2015) QMHRR 2(1) ISSN 2059-8092 Is There a Human Right to Safe Motherhood within the United Nations Legal System? Hélène Julien* Abstract The establishment of safe motherhood as a human right that, albeit interrelated with other women’s rights, would be distinct from them, appears crucial to tackle maternal mortality and achieve gender equality. In order to be effective this right has to be framed as a holistic concept highlighting the connections between all the women’s rights referring to the highest attainable standard of living, in the context of pregnancy, childbirth and lactation. Through a feminist lens, this study examines relevant United Nations legal bodies’ initiatives to determine if safe motherhood is efficaciously guaranteed as a human right worldwide. The Committee on the Elimination of All Forms of Discrimination Against Women’s recognition of a ‘women’s right to safe motherhood’, which relates to the access to maternal health care, is analysed as a central element of the right. This review leads to the conclusion that the human right to safe motherhood exists, but needs to be strengthened, especially through an international acknowledgement of the right to abortion as well as the development of a stronger framework for the protection against mother-foetus/ baby HIV transmission. Keywords Right to Safe Motherhood – Gender Equality – CEDAW – Right to Abortion – Highest Attainable Standard of Living – Health – HIV – Human Rights – United Nations - Motherhood – Women – Feminist Analysis. 1. Introduction ‘Women are not dying of diseases we can’t treat… They are dying because societies have yet to make the decision that their lives are worth saving’.1 This observation appears all the more regrettable, since maternal mortality is an extremely widespread problem. -
Handbook for the Protection of Internally Displaced Persons
Handbook for the Protection of Internally Displaced Persons Action Sheet 8 Liberty and Freedom of Movement Key message The ability to move freely and in safety within one’s country is a basic right as well as a pre-condition for the enjoyment of many other rights. Limitations on freedom of movement can have serious consequences for the lives, health and well-being of individuals and communities. Ensuring freedom of movement thus forms an important part of any protection strategy. 1. What do we mean by the term freedom of movement? Freedom of movement consists of the right and ability to move and choose one’s residence freely and in safety within the territory of the State, regardless of the purpose of the move. It also includes the right to leave any country and to return to one’s own country. It is closely related to the right to liberty and security of person, which guarantees freedom from arbitrary arrest and detention, and the right to seek asylum in another country. Taken together these rights mean that all persons, including the internally displaced, have the right to: l Take flight and seek safety in another part of the country (of choice), or to leave the country in order to seek asylum in another country. l Move freely and in safety within the country, including in and out of camps and settlements, regardless of the purpose of the move. l Voluntarily return to the place of origin or relocate to another part of the country. l Not be arbitrarily displaced or forced to return or relocate to another part of the country. -
Freedom of Movement of Workers – Directive 2004/38/EC – Right of Residence – Derived Rights for Third-Country Nationals)
JUDGMENT OF THE COURT 13 May 2020 (Freedom of movement of workers – Directive 2004/38/EC – Right of residence – Derived rights for third-country nationals) In Case E-4/19, REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett), in a case pending before it between Campbell and The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE), concerning the interpretation of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, and in particular Article 7(1)(b) read in conjunction with Article 7(2) thereof, THE COURT, composed of: Páll Hreinsson, President, Per Christiansen, and Bernd Hammermann (Judge-Rapporteur), Judges, Registrar: Ólafur Jóhannes Einarsson, having considered the written observations submitted on behalf of: Ms Campbell, represented by Anne-Marie Berg, Advocate; – 2 – the Norwegian Government, represented by Pål Wennerås, Advocate with the Attorney General of Civil Affairs, acting as Agent; the EFTA Surveillance Authority (“ESA”), represented by Ewa Gromnicka, Erlend Møinichen Leonhardsen and Carsten Zatschler, members -
A/RES/55/2: United Nations Millennium Declaration
United Nations A/RES/55/2 Distr.: General General Assembly 18 September 2000 Fifty-fifth session Agenda item 60 (b) Resolution adopted by the General Assembly [without reference to a Main Committee (A/55/L.2)] 55/2. United Nations Millennium Declaration The General Assembly Adopts the following Declaration: United Nations Millennium Declaration I. Values and principles 1. We, heads of State and Government, have gathered at United Nations Headquarters in New York from 6 to 8 September 2000, at the dawn of a new millennium, to reaffirm our faith in the Organization and its Charter as indispensable foundations of a more peaceful, prosperous and just world. 2. We recognize that, in addition to our separate responsibilities to our individual societies, we have a collective responsibility to uphold the principles of human dignity, equality and equity at the global level. As leaders we have a duty therefore to all the world’s people, especially the most vulnerable and, in particular, the children of the world, to whom the future belongs. 3. We reaffirm our commitment to the purposes and principles of the Charter of the United Nations, which have proved timeless and universal. Indeed, their relevance and capacity to inspire have increased, as nations and peoples have become increasingly interconnected and interdependent. 4. We are determined to establish a just and lasting peace all over the world in accordance with the purposes and principles of the Charter. We rededicate ourselves to support all efforts to uphold the sovereign equality of all -
Freedom of Information: a Comparative Legal Survey
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The Right to Development and Internet Shutdowns
D Mburu Nyokabi, N Diallo, NW Ntesang, TK White & T Ilori ‘The right to development and internet shutdowns: Assessing the role of information and communications technology in democratic development in Africa’ (2019) 3 Global Campus Human Rights Journal 147-172 https://doi.org/20.500.11825/1582 The right to development and internet shutdowns: Assessing the role of information and communications technology in democratic development in Africa Deborah Mburu Nyokabi,* Naa Diallo,* Nozizwe W Ntesang,*** Thomas Kagiso White**** and Tomiwa Ilori***** Abstract: The right to development is generally assessed as an all-inclusive right. It is regarded as a rallying right in which all other rights are mostly realised. The progressive nature of the right to development in realising other rights as a benchmark to a society’s development has become popular even beyond legal jurisprudence to include other qualitative fields of knowledge. The role played by information and communications technology in the realisation of this right has also been acknowledged, particularly in the digital age. However, this progress has not been even across regions in the world. While some regions have experienced a fast-paced development due to ICT, several countries in Africa have been held back due to unfavourable state and non-state policies that have had negative impacts on human rights and democratic development on the continent. This article assesses the impact of ICT on the right to development, particularly as a rallying right, and the way in which the internet, a major component of ICT, has affected the right. The article especially considers the effects of network disruptions on human rights and democratic development that have become rife in the region. -
Center for Reproductive Rights, with Financial Support and Technical Input from UNFPA
REPRODUCTIVE RIGHTS: A Tool for Monitoring State Obligations INTRODUCTION What is the Monitoring Tool?* The Monitoring Tool provides a means for human rights experts responsible for overseeing compliance with international legal standards on human rights to monitor the implementation of specific State obligations in the field of reproductive rights. The tool outlines State obligations under international and regional human rights law on a range of reproductive rights issues— freedom from discrimination, contraceptive information and services, safe pregnancy and childbirth, abortion and post-abortion care, comprehensive sexuality education, freedom from violence against women, and HIV/AIDS. The tool then identifies key questions that human rights experts and monitoring bodies can use to assess to what extent a State is in compliance with its obligations. International standards on reproductive rights are grounded in core human rights treaties and are continuously evolving. International treaty bodies and regional human rights mechanisms play an essential role in ensuring the continued consolidation and elaboration of these standards. In identifying State obligations, the tool relies on international legal standards on these issues as they currently stand, based on authoritative interpretations of major United Nations treaties through General Comments, individual complaints, and concluding observations, as well as standards developed through reports by Special Procedures and regional human rights bodies. This tool is designed to facilitate monitoring of State compliance with these obligations and to support this continued consolidation; it is not intended to be an exhaustive account of these obligations. In evaluating States’ compliance with their international human rights obligations, experts and monitoring bodies should draw from governmental and non-governmental sources to build up a complete picture: this should include both qualitative and quantitative information. -
Slavery Past and Present
fact sheet Slavery past and present Right: Slaves being forced below What is Anti-Slavery International? deck. Despite the fact that many slaves were chained for the voyage it The first organised anti-slavery is estimated that a rebellion occurred societies appeared in Britain in the on one out of every eight slave ships 1780s with the objective of ending that crossed the Atlantic. the slave trade. For many people, this is the image In 1807 the British slave trade was that comes to mind when they hear abolished by Parliament and it the word slavery. We think of the became illegal to buy and sell buying and selling of people, their slaves although people could shipment from one continent to still own them. In 1833 Parliament another and the abolition of the finally abolished slavery itself, trade in the early 1800s. Even if we both in Britain and throughout know little about the slave trade, the British Empire. we think of it as part of our history rather than our present. In 1839 the British and Foreign Anti-Slavery Society was created, In fact, the slave trade continues to representing a new organisation for have an impact today. Its legacies the new chapter of the anti-slavery include racism, discrimination Mary Prince struggle. It gave inspiration to the and the development and under- abolitionist movement in the United development of communities and “Oh the horrors of slavery! - States and Brazil, and contributed countries affected by the trade. How the thought of it pains my to the drawing up of international And slavery itself is not a thing of heart! But the truth ought to standards on slavery.