Without Prejudice

CEDAW and the determination of women's rights in a legal and cultural context

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CEDAW – the UN Convention on the Elimination of All Forms of Discrimination against Women – is a powerful international human rights instrument that reflects a global determination to achieve gender equality. Turning aspiration into reality presents many challenges, particularly in relation to the process of adjudicating on women’s rights in both legal and cultural contexts.

This book looks at the range of cultural and legal challenges relating to the implementation of CEDAW, and the individual approaches adopted in various jurisdictions and contexts across the Commonwealth. Commonwealth declarations in support of CEDAW and initiatives from numerous Commonwealth countries are brought together here to support continuing efforts to address these issues.

This practical guide will inform and assist judges, adjudicators, lawyers and activists to advance the implementation of the principles of CEDAW within jurisdictions connected historically by the application of the common law.

Find out more about [email protected] here http://www.unifem.org/cedaw30/



The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and realisation of rights: reflections on standard settings and culture, Indira Jaising

The articulation of rights and the setting of standards remains the first step towards the realisation of those rights. Whether or not an individual can actualise the right is dependent on the capability of the individual. It must be remembered that law is only a tool of empowerment. For the actualisation of rights, the capabilities approach (developed by Amartya Sen and contextualised in the legal framework by Martha Nussbaum) is extremely appealing as it gives meaning to human rights and provides judicially manageable standards for testing the validity of law and policies.


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