Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems

Series:

In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
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Biographical Note

Maria Sjöholm, LL.D. (1978), Örebro University, is a senior lecturer in public international law. Her published work covers various area of public international law, with a focus on women’s rights, including Defining Rape: Emerging Obligations for States under International Law? (Brill/Nijhoff, 2011).

Table of contents

Acknowledgments
Abbreviations and Acronyms
Table of Treaties and Legislation
Table of Cases, Advisory Opinions and Reports

Part 1: Women’s Rights in Regional Human Rights Law Regimes


1 Introduction
 1.1 Background
 1.2 Research Questions
 1.3 Materials and Delimitations
 1.4 Structure

2 The Regional Human Rights Law Systems
 2.1 Introduction
 2.2 The European Human Rights Law System
 2.3 The Inter-American Human Rights Law System
 2.4 The African Human Rights Law System

Part 2: Theoretical Perspectives


3 Feminist Legal Methods and Theories
 3.1 What are Women’s Rights? The Controversies of Categorization: Women, Sex and Gender
 3.2 Feminist Legal Methods in International Law
 3.3 Feminist Theoretical Approaches and Gaps in Human Rights Law Protection
 3.4 Consequences of Gaps in Protection
 3.5 Summary

4 Considering Gender in Norm Interpretation
 4.1 Integrating Women’s Rights—A Reinterpretation of the Scope of Rights
 4.2 Gender Mainstreaming
 4.3 Gender-sensitive Interpretation of Rights
 4.4 Acknowledging Gender Stereotyping
 4.5 Treaty Interpretation Methods by the Regional Human Rights Courts
 4.6 Introducing Positive Obligations for States and the Duty to Protect
 4.7 Acknowledging Vulnerability
 4.8 Acknowledging Intersectionality
 4.9 Concluding Remarks

Part 3: Regional Jurisprudence on Women’s Rights


5 Non-discrimination and Equality
 5.1 Introduction
 5.2 The European Court of Human Rights
 5.3 The Inter-American Human Rights System
 5.4 The African Commission on Human and Peoples’ Rights
 5.5 Summary

6 Sexual Violence
 6.1 Introduction
 6.2 Feminist Discourse
 6.3 The European Court of Human Rights
 6.4 The Inter-American Human Rights System
 6.5 The African Commission on Human and Peoples’ Rights
 6.6 Final Reflections

7 Forced Nudity
 7.1 Introduction
 7.2 Feminist Discourse
 7.3 The European Court of Human Rights
 7.4 The Inter-American Human Rights System
 7.5 The African Commission on Human and Peoples’ Rights
 7.6 Discussion

8 Forced Gynaecological Examinations
 8.1 Introduction
 8.2 Feminist Discourse
 8.3 The European Court of Human Rights
 8.4 The Inter-American Human Rights System
 8.5 The African Commission on Human and Peoples’ Rights
 8.6 Concluding Remarks

9 Domestic Violence
 9.1 Introduction
 9.2 Feminist Discourse
 9.3 The European Court of Human Rights
 9.4 The Inter-American Human Rights System
 9.5 The African Commission on Human and Peoples’ Rights
 9.6 Final Remarks

10 Slavery, Servitude, Forced Labour and Human Trafficking
 10.1 Introduction
 10.2 Feminist Discourse
 10.3 The European Court of Human Rights
 10.4 The Inter-American Human Rights System
 10.5 The African Commission on Human and Peoples’ Rights

11 Reproductive Rights
 11.1 Introduction
 11.2 Which Human Rights?
 11.3 Feminist Discourse
 11.4 Access to Abortion
 11.5 Forced and Coerced Sterilization
 11.6 Assisted Reproductive Technologies
 11.7 Maternal Health-Care

12 Freedom of Religion and Gender: The Islamic Headscarf
 12.1 Introduction
 12.2 Feminist Discourse
 12.3 The European Court of Human Rights

13 Summary and Final Reflections
 13.1 Introduction
 13.2 Gender-Sensitive Norm Interpretation
 13.3 Theoretical Impediments to Gender-Sensitivity
 13.4 Final Reflections

Bibliography


Readership

All interested in women’s international human rights law and feminist critique of the regime of international law, with a special interest in the regional human rights law systems.