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Sex as a Protected Ground in International and Domestic Law

In: Brill Research Perspectives in Comparative Discrimination Law
Authors:
Christine Forster University of New South Wales

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Vedna Jivan University of New South Wales

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Abstract

This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

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