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  1. Human Rights and Gender Principles, Concepts, and Theories International Legal Perspective

  2. Elective Course Presentations Main Question: Why??? General Introduction of the Course

  3. WHY??? To understand actions and reactions, thoughts and attitudes To know what happened with us-our parents-family-society To be prepared when facing the real world To try to contribute to solve the problem

  4. Human Rights and Gender (1) When we all walked the Earth learning to become human-beings we were all equals

  5. (2) Human Rights and Gender (2) Discrimination, not only against women but General Discrimination appeared along with the division of labour, private property, division of social classes, the organisation of the State and the establishment of the legal system

  6. (2) Socio-Economic and Political Origins Matriarchy - PatriarchateSocial division of labourDivision of society into social classes Origins of the State and Legal Systems Social Infrastructures and Super structures

  7. (2) Hesiod (VIII BC) “Why do you pule, squalid bird? I am infinitely stronger than you! You'll have to go where I’ll take you, You'll do as I please, I could eat or release you. You would be a fool seeking to fight me. You will be exhausted and you will suffer, You will take not only shame but torment "

  8. (2) Sócrates469-399 AC • The ideal State: aristocratic, ruled only by • a few competent men. • Women: named only twice, comparing those • who embarrass the courts behaving like • women and questioning the immorality of • Theodotia, Greek courtesan posing nude for • artists.

  9. (2) Platón427-347 AC • "Slavery is the prerequisite of an ideal state ' • Women could not have access to State’s senior’s positions. They could contribute to set special government sectors: education, teaching, monitoring of weddings.

  10. (2) Aristóteles384-322 AC • Ideas and concepts written more than 2300 years ago. • “The proper functioning of • a city-state requires sensible laws which respect the differences between men and women and do not accept the right of citizenship either for women or for slaves”

  11. (2) Aristóteles384-322 AC • Ideas and concepts written more than 2300 years ago. • “The proper functioning of • a city-state requires sensible laws which respect the differences between men and women and do not accept the right of citizenship either for women or for slaves”

  12. (2) ROME: Slavery As Political Regime

  13. (2) Roman Legal Institutions • Slavery as a basic concept in ALL social structures.The EmpireThe legal SystemThe Pater FamiliasThe immovable Division of social classes Categorisation of citizens according to the amount • of fortune, payment of taxes and social origin.

  14. Origins of Civil Legal Structures and Concepts The legal structures and concepts of countries belonging to the Civil Legal System are based directly in the major Institutions established during the Roman Empire by “The People’s Assembly” or “Comitia Curiata”.

  15. The Roman People’s Assembly Comitia Curiata (753 BC) A male communityconstituted by 30 “Curies” forming a legal body called: The Coviria Assembly: a community composed only by men gathered to write the Laws.

  16. COVIRIA Coviria (Latin/Etruscan) : Co = teach Vir = man Iria= strength, warrior, courage, hero, honour. Middle Age: Magistrate Later on, same Historical period: Priest

  17. Civil Legal System The laws that were passed in Rome constitute the universal legacy adopted by all countries with Latin roots

  18. Legal Systems in the World Civil Law Common Law Religious Law Common &Civil Customary Law

  19. LEGAL SYSTEMS (I) The four major legal systems of the world today are the civil legal system, the common law system , the system based on customary law, and the religious law. In addition, there are countries in transition with “hybrid” legal systems. Each country often develops variations on each system or incorporates many other features into the system.

  20. Feudalism (1) Christianity negatively valued female sexuality, punished her body as an object of sin, promoted moral discourse on virginity and asceticism as a model for the Christian life

  21. The Family • Political, religious and economic Organization Based in the cum manumarriage : "UNDER THE POWER OF"; • Composed by: The woman who took on the status of child in relation to the husband and was subject to his will. • The sons, unmarried daughters, grandchildren, (as long as they were the descendants of the sons), • Strangers or people who were not part of the offspring of husband and wife which became part of the husband's family or Pater Familias, by his own decision. M. Estrada

  22. ThePaterFamilias It was the Priest of the Family Worship. Master of all powers by his own right, dictated sentences according to his will and judgment, which could not be appealed. E.g. expulsion from the house, prison and death. In the domain of the Pater Familiasthe Public Power could not penetrate. M. Estrada

  23. Women in the Roman Law Women, because of "the weakens of their character and their inexperience in business" should be subject perpetually to the Guardianship either of their parents or of their husbands or of their sons Women have the right to participate of the social condition of the husband, as long as she was not a commoner or manumitted (freed slave), in which case, her social status is not erased by the fact marry a Patrician. M. Estrada

  24. Marriage in the Roman Law “The union of a man and a women originated from legitimate matrimony (justummatrimonium) and sanctioned by equality of conditions involving divine and human rights, which essential purpose is procreation" By the fact of marriage the husband happens to be the owner of all the property of the wife and decide for her, the woman becoming a child (locoafiliae)” M. Estrada

  25. Divorce in the Roman Law • Only the husband could dissolve the union. • The woman could be divorced from her husband to the sole discretion of the latter. • The husband could remarry immediately. • The woman must wait ten months to avoid confusion related to the new born father. • If this rule were violated the offenders were punished by condemning them to "Infamy" M. Estrada

  26. Feudalism (2) "As an individual, a woman isa weak and defective being . ""Rats and Women:Would or could these beings have a soul? " St Thomas De Aquino

  27. “Pernada” Right • IusPrimaeNoctis • Power of the feudal lord to have sexual intercourse and deflower any virgin, handmaid of his fief, who were to marry any of his servants. • In French:droit de seigneur M. Estrada

  28. The Bourgeois Revolutions

  29. The ideologues of the French Revolution Voltaire MontesquieuRosseau M. Estrada

  30. Jean-AntoineHoudon The Right to Rehabilitation of the victims of the Inquisition and the Church.The right to downgrade penalties and crime prevention efforts (men and women) Voltaire 1694

  31. "We have the right to convert the black slaves, blacks who are from the feet to the head, and their noses so crushed that it is almost impossible to feel sorry for them. It is difficult to accept the idea that God been a being so wise, have placed a soul, especially a good soul, in an all black body ....... Black women should be specially restrained” Montesquieu(1689 ) The Spirit of the Laws(Book XVI, Ch. V)

  32. Juan Jacobo Rosseau1762 All the education of women should relate to men. Pleasing him, being helpful to him, loving and honoring him, educate him as a young man, take care when adult, advise, comfort and make his life sweet and pleasant.These are the duties of women at all times and what should characterize them from early childhood.

  33. Fundamental Features Charter of the United Nations First international instrument referring specifically to the equal rights of men and women

  34. Convention on the Elimination of all Forms of Discrimination against Women Prohibition of Discrimination

  35. Convention for the Elimination of all forms of Discrimination against Women (CEDAW) • First document to comprehensively address women's rights to non-discrimination within political, cultural, economic, social and family spheres The Bill of Rights for Women

  36. CEDAW Major Inputs Culmination of more than 30 years of work by the CSW. Develops correct human rights language for women. Used world-wide to incorporate women’s rights into national constitutions, eliminate discriminatory national laws, influence court decisions. Defines, condemns, and establishes measures to eradicate discrimination against women. Calls States to eradicate cultural stereotypes against women. Establishes positive measures

  37. GENDERCONCEPT Array of socially constructed roles and relationships, personality traits, attitudes, behaviours, values, relative power and influence that society ascribes to the two sexes on a differential basis. Acquired identity learned, that changes over time, and varies widely within and across cultures. Refers not simply to women and men but to relationship between them. Biological sex: determined by genetic and anatomical characteristics.

  38. LEGAL EQUALITY • The guarantee of equal treatment and the recognition of equal rights before the law along with the assurance and security of having full and unimpeded access to all legal institutions for the purpose of vindicating all rights and obtaining compensation or restoration where those are violated, despite sex and gender of the appellant.

  39. Legal Equality Conditions International Treaties signed, ratified and implemented at the national level. Constitutional recognition and prevalence of international normative signed and ratified over domestic contradictory norms. Adjustments to domestic law and practice required by international treaty obligations in place. WOMEN: Gender Equality and Gender Equity Public Policies and Mainstream in place. Affirmative Actions taken.

  40. CEDAW Structure (1) • Preamble • Binding Body ( 1-16) • Establishment of the Committee ( 17) • Obligation of Periodical Reporting ( 18) • Rules of Procedure (Article 19) • Committee Meetings (Article 20)

  41. CEDAW Structure (2) • Committee Reports (Article 21) • Role of Specialised Agencies (Article 22) • Effect on Other Treaties (Article 23) • Commitment of States Parties (Article 24) • Administration of the Convention (Articles 25-30)

  42. Convention for the Elimination of all forms of Discrimination against Women (CEDAW) • Article 1 of the Convention establishes that discrimination against women is: “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.

  43. Binding Body (1) • Definition of Discrimination (Art 1 ) • Adoption of General Policies against Discrimination (Art 2) • Ensuring the Guarantee of Basic Human Rights and Fundamental Freedoms (Art 3) • Special Measures [Affirmative Actions] (Art 4)

  44. Affirmative or Positive Action Specific measures aimed at preventing or compensating disadvantages that are linked to grounds such as ethnicity, gender, and age. Measures aiming at attaining full equality in practice overriding the basic prohibition of making distinctions between people.

  45. Binding Body (2) • Modification of Stereotypes and Prejudices, Sharing children’s upbringing (Art 5) • Trafficking and Prostitution’s Suppression (Art 6 ) • Participation on Political and Public Life and Decision Making Processes (Art 7) • Representation at the International Level (Art 8)

  46. Recommendation to reach a "critical mass“ represented for the 30 to 35 per cent of women in decision making positions. Analysis of political context and historical reason preventing women to access power. Overcome barriers to equality in exercising political rights such as those resulting from illiteracy, language, poverty and impediments to women's freedom of movement. Political and Public Life GR No. 23 (16th session, 1997) M. Estrada 47

  47. Binding Body (3) • Nationality: Right to Change or Retain it. (Art 9) • Education: Same Conditions, Elimination of Stereotypes on Career Election (Art 10) • Employment, Equal Remuneration, Protection of Function of Reproduction (Art 11) • Health Care Services, Family Planning, (Art 12)

  48. Equal Remuneration for Work of EqualValue GR No. 13 (eighth session, 1989) Ratification of ILO Convention No. 100 Application of the Principle Equal Remuneration for Work of Equal Value. Adoption of Job Evaluation Systems based on Gender-Neutral Criteria

  49. Prevention and Control of AIDS GR No. 15 (ninth session, 1990) Intensify efforts increasing public awareness of the risk of HIV infection and AIDS paying special attention to factors relating to reproductive role of women and their subordinate position in some societies. Ensure participation of women in primary health care in the prevention of HIV infection Demand reporting on measures taken on effects and prevention of AIDS.