The campaign about equal nationality rights is interesting because it highlights the conflictual nature of framing processes. The focus of DHDR Article 8 is the duty and responsibility of humanitarian assistance and intervention to those in need. Thanks to the unyielding efforts of womens organizations and the commitment of Eleanor Roosevelt of the United States, who had chaired the drafting committee, Article 1 of the Universal Declaration of Human Rights adopted in 1948 reads, All human beings are born free and equal in dignity and rights instead of All men and following an extensive debate, phrases such as every man or no man were replaced with everyone and no one throughout the text (Glendon 2001; Pietil 2007:18). The conflicts around the UN conferences and the rejection of patriarchal, governmental structures prompted some women to organize outside of intergovernmental structures. Some expressed worries that the human rights frame might suffer in its ideational integrity and credibility, if too many special rights are taken into consideration. The DHDR reflects the gamut of both states and non-states actors that have to be mutually supportive bearers of duties and responsibilities. Oxford Research Encyclopedia of International Studies, Institute for Political Science, Leibniz University, Womens Environment and Development Organization, Womens Global Network for Reproductive Rights, Sign in to an additional subscriber account, Frames, Political Opportunities, and Mobilizing Resources, Womens Rights as Human Rights: A Historical Perspective, Womens Rights as Equal Rights (19001950s), Womens Rights as Separate Rights (1960s1980s), From Special Rights to Gender Mainstreaming (1990sPresent), https://doi.org/10.1093/acrefore/9780190846626.013.430, ww2.ohchr.org/english/issues/women/rapporteur, www.lifesitenews.com/ldn/printerfriendlynew.html?articleid=000613a, www1.umn.edu/humanrts/UN/1998/Res051.html, http://documents-dds-ny.un.org/doc/UNDOC/GEN/N00/720/18/pdf/N0072018.pdf?OpenElement, http://daccessdds.un.org/doc/UNDOC/GEN/N08/391/44/PDF/N0839144.pdf?OpenElement, www.iiav.nl/epublications/2001/anothervelvetrevolution.pdf, www.wedo.org/learn/library/media-type/pdf/beijing-betrayed-2005, www.amnesty.ca/campaigns/no_exceptions/theme_indexes_women.php, www.un.org/womenwatch/daw/beijing/fwcwn.html, www.aaanet.org/committees/cfhr/bib_kozma_intlwomen.htm, www.hrw.org/en/category/topic/women's-rights, www2.ohchr.org/english/issues/women/rapporteur, http://avalon.law.yale.edu/subject_menus/diana.asp, www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/A.CONF.157.23.En. At www.un.org/womenwatch/daw/beijing/fwcwn.html, accessed May 8, 2009. Throughout this time they have employed primarily three different frames to justify womens rights as human rights: the equal treatment frame, the womens frame, and the gender frame. Following the UDHR Article 3 Everyone has the right to life, liberty, and security of person; this chapter draws our attention to the intergenerational responsibility. The equal rights approach has been criticized because womens rights are merely integrated and added in, without challenging existing structures and policies that are considered the real sources of discrimination. The Human Rights Commission works for a free, fair, safe and just New Zealand, where diversity is valued and human dignity and rights are respected. Others are skeptical about its transformative potential in light of the fact that new gender norms have to fight their way into institutional thinking, contradict traditional norms, and may have to compete with other goals (Elgstrom 2000). I would like to thank my two research assistants, Daniel Steffens and Alexa Brase, for their invaluable help and the two anonymous reviewers for their helpful comments. While all of these frames contest the exclusion of womens rights from human rights discourse, they differ as to what they consider to be the source of this neglect, how it can be remedied, and on what grounds the linkage of womens rights and human rights is justified. UN Chapter 7 remains general framework for this responsibility. Office of the High Commissioner for Human Rights: Women Rights Are Human Rights. DHDR Article 14 enunciates the duty and responsibility to prevent and punish international and organised crime as a shared task of the members of the global community. The Womens Convention also highlights once again the interconnectedness of the various frames. DHDR Article 29 formulates the duty and responsibility to ensure sex and gender equality and the recognition of women's rights as human rights. DHDR Article 13 enunciates duties and responsibilities of public and private sector corporations, indicating as common criteria the respect for the sovereignty of host countries and simultaneously fully respect and promotion of universal human rights and international labour standards. 1995:32). Although the equal treatment frame appeared to be the most predominant during this time, the womens frame mattered as well. At http://avalon.law.yale.edu/subject_menus/diana.asp, accessed May 8, 2009. Second, to demonstrate the exclusion of women from human rights law, womens rights activists organized their global campaign, as illustrated above, around violence against women. Furthermore, the building and extension of networks that support and lend credibility to the movement has been a critical factor as has the accumulation of expertise, both with respect to the issues promoted and to the norms and rules that prevail in the international institutions in which they were active (Joachim 2007). What follows might come, according to Walby, closer to negotiation [] than simple adoption of new policies (Walby 2005:322). Resolution 1325 calls for the integration of women in all conflict resolution processes as well as actions for resettlement, rehabilitation, and post-conflict construction. The civil rights movement was a political movement and campaign from 1954 to 1968 in the United States to abolish institutional racial segregation, discrimination, and disenfranchisement throughout the United States. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among Starting in the late 1980s, many womens rights advocates began to question the ideational and institutional separation of womens rights and human rights manifested in the existence of special treaties and the UN Commission on the Status of Women. The first elaborates on the theoretical concepts of framing, political opportunity structure, and mobilizing resources. According to equal treatment proponents, this is less a problem of international human rights law itself, which they view as authoritative, than the failure of states and nonstate actors in the past to apply and enforce these rights (Reanda 1981:1112; Cook 1993). At www.law-lib.utoronto.ca/diana, accessed May 8, 2009. Special Rapporteur on Violence against Women. The Human Rights Commission works for a free, fair, safe and just New Zealand, where diversity is valued and human dignity and rights are respected. Both the global community and the States are considered by this Declaration as the major responsible parties, collectively and individually for ensuring the rights of these vulnerable groups. Women were either victims of forces beyond their understanding and control, or so marginal to the implicit model of the world that the Declaration and Plan of Action asked only that women be given access to training, be integrated into development programs, and allowed to participate in the political life of their country. Similarly, but with a more pragmatic approach, the Millennium Development Goals (2000) establishes an intergovernmental agreement for realising globally human rights. [T]he prototypic human rights case is an individual [male] political activist imprisoned for the expression of his views or political organizing (Binion 1995:509) with the state directly or indirectly implicated in the rights violations that are brought on to him. Using a similar approach, UNESCO has already approved two meaningful documents promoting cultural diversity, the UNESCO Universal Declaration on Cultural Diversity (2001) and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005). Womens rights as human rights can be considered such a master frame today. with respect to maternity). UN Division for the Advancement of Women. DHDR Article 33 emphasises the duty and responsibility to respect, protect and promote the rights of the child, following the content of the almost universally ratified UN Convention on the Right of the Child (1989) and aware, that although this document is shared broadly by the international community, today millions of children are still innocent victims of armed conflict, extreme poverty and hunger. For defining gross human rights violations and the need of prevention and punishment this chapter has been inspired by the Rome Statute that was adopted some months before this Declaration was finalised. As Rupp and Taylor point out, [w]omen from the United States, Great Britain, western and northern Europe constituted the original membership of international [womens] organizations and also dominated their leadership (Rupp and Taylor 1999:367; see also Rupp 1994). DHDR Article 23 emphasises the duty and responsibility to prohibit and prevent slavery and institutions and practices similar to slavery and slave-like practices including child prostitution, child exploitation, enforced prostitution, debt bondage, serfdom, and other forms of enforced labour inconsistent with international law, punishing such practices; instituting effective controls to prevent the illegal trafficking of persons; creating greater public awareness through education of the human rights abuses associated with such practices. The focus of DHDR Article 15 is the duty and responsibility to eradicate corruption and build an ethical society in both the public and private sectors, implementing codes of conduct and training programmes, and promoting accountability, transparency public awareness of the harm caused by corruption. 1975:514), and the Conventions against Discrimination in Education (1962) and on Consent to Marriage, Minimum Age of Marriage, and Registration of Marriages (1964). Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). Under the leadership of the Center of Womens Global Leadership (CWGL), they organized a global campaign comprised of 16 days of activism against violence against women, circulated a global petition which had been translated from an initial six into twenty-four languages and was sponsored by over a thousand groups that gathered almost half a million signatures from 124 countries, and conducted an 18-hour Tribunal on Violations of Womens Human Rights at the conference in Vienna, giving victims of gender-based violence the opportunity to testify (Bunch and Reilly 1994). How far has the integration of womens rights into the work of mainstream human rights institutions progressed and what obstacles have been encountered along the way? Global community" means both States and non-States actors: international, regional and sub-regional intergovernmental organisations, non-governmental organisations, public and private sector (trans)national corporations, other entities of civil society, peoples, communities, and individuals taken collectively. In the case of the international womens movement, so-called organizational entrepreneurs have contributed to its success. While most of its statues had been written in nondiscriminatory language emphasizing equal treatment between men and women (Kaufman Hevener 1986:87), Kaufman Hevener notes that it contains protective and corrective provisions as well (e.g. Shocked by the destructiveness of World War I, women from both warring and neutral countries gathered in The Hague in 1915 for their first International Womens Congress, pleading not only for world peace and for women to be given political representation at both the national and international level (Costin 1982; Wiltsher 1985), but also traveling around European capitals subsequently to muster support among governments for their international peace proposal, namely a conference of neutrals (Joachim 2007:4752). DHDR Article 36 emphasises the duty and responsibility to promote quality of life and an adequate standard of living for all. Although major efforts are being made by the United Nations, such as the International Year of Older Persons (1999) and the formulation of UN Principles addressing the independence, participation, care, self-fulfillment and dignity of older persons, and by regional and national efforts, there does not yet exist a recognised framework for securing their rights. A number of scholars have also stressed that noninstitutional elements can present a window for activists to make their voices heard, such as, for example, symbolic events like the end of the Cold War. Our multimedia service, through this new integrated single platform, updates throughout the day, in text, audio and video also making use of quality images and other media from across the UN system. Moreover, UN Member States adopted a series of international conventions whose rationale it is to place women in the same position as men in the public sphere (Charlesworth 1994:64). The tribunal became a master frame of organizing in the 1990s for the campaign on womens rights as human rights. International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. To this end, a Special Rapporteur on Violence against Women was appointed in March 1994, who seeks and receives information on the problem, its causes and consequences, recommends measures to eliminate violence against women, works closely with other special rapporteurs, special representatives, working groups and independent experts [], transmits urgent appeals and communications to States regarding alleged causes of violence against women, undertakes fact-finding missions, and submits thematic reports (see www2.ohchr.org/english/issues/women/rapporteur). Resembling the US Declaration of Independence in structure and language, the declaration identified all men as responsible for womens oppression and compiled a list of grievances about the ways in which women were denied their rights. If womens groups have been successful in obtaining international legitimacy for womens rights as human rights and contributed to institutional changes, the rights of women continue to nevertheless be contested. The National Human Rights Commission (NHRC) is a statutory body mentioned in the Constitution of India that was established in 1993 under the Protection of Human Rights Act. The United Nations Human Rights Council (UNHRC) is a United Nations body that has 47 members elected for staggered three-year terms on a regional group basis. Womens Environment and Development Organization 2005), we need more research on how well womens rights are accounted for by human rights institutions. DHDR Article 34 is dedicated to the formulation of the duty and responsibility to promote and enforce the rights and well-being of the elderly, trying to ensure the full and effective enjoyment by elderly people of all human rights and fundamental freedoms without discrimination on the basis of age, and to respect the well-being, dignity and physical and personal integrity of the elderly. Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). In 1888, for example, the International Congress of Women (ICW) was established in Washington, DC. Therefore, the right to peace and the right to live in a balanced ecological environment have to be recognized and guaranteed. Their thinking was inspired by liberal feminist thinkers, such as Olympe de Gouges and her Dclaration des droites de la femme et de la citoyenne published already in 1791, Jean Jacques Rousseau, Mary Wollstonecrafts A Vindication of the Rights of Woman (1792), and John Stuart Mills The Subjection of Women (1869). Women were entitled to rights because of the distinct contribution they made to the welfare of their respective societies. It offered a unifying agenda for women across the globe (Mertus and Goldberg 1994:20910) and demonstrated in a compelling fashion the gendered nature of abuse (Bunch 1995:15). Books from Oxford Scholarship Online, Oxford Handbooks Online, Oxford Medicine Online, Oxford Clinical Psychology, and Very Short Introductions, as well as the AMA Manual of Style, have all migrated to Oxford Academic.. Read more about books migrating to Oxford Academic.. You can now search across all these OUP In the following historical section, I will show how the different frames have been interacting within the specific circumstances of different contexts, been subject to conflicts, and have either been privileged or marginalized depending on how compatible they were with other already accepted frames. In contrast to the equal treatment frame, the womens frame identifies international human rights law as highly problematic. This would make womens contributions, once they were politically equal with men, essential for making a morally better society. Convinced that the advancement of women in different countries required governmental policies and democratic opportunities for women to influence (Pietil 2007:1), womens rights activists at the international level placed great importance on intergovernmental cooperation from early on. While many womens organizations welcomed the establishment of the Commission to promote equal rights between men and women, they were opposed to what had been the initial plan, granting it only the status of a sub-commission under the umbrella of the then still existing Commission on Human Rights (CHR). At www.amnesty.ca/campaigns/no_exceptions/theme_indexes_women.php, accessed May 8, 2009. Women are neither viewed as a monolithic group nor are men exclusively perceived as deliberate oppressors. The institutional separation concerning womens rights and human rights that appeared to be the best solution at the time, became, as is shown later, contested at the end of the decade. Learn more about each topic, see who's involved, and find the latest news, reports, events and more. Reduced to its simplest and most basic term, the underlying problem [], according to Riane Eisler is, that the yardstick that has been developed for defining and measuring human rights has been based on the male as the norm (Eisler 1987:33). They become so-called master frames, which provide the ideational and interpretative anchoring for subsequent struggles (Tarrow 1994). Working through intergovernmental structures and relying on both their constituents as well as their experienced leaders, these organizations have framed womens rights as human rights in different ways throughout time. Women were also present at the Paris Peace Conference in 1919, where the League of Nations and the International Labor Organization (ILO) were founded, asking governments, among other things, to promote universal suffrage and to work for both the abolishment of trafficking in women as well as state-supported prostitution (Pietil 2007). Welcome to books on Oxford Academic. Similar to the equality frame, it is concerned with the distribution of positions within hierarchies rather than with challenging the structural status quo which reinforces systems of oppression in those hierarchies (Rees 1998:35). While womens activists employed the human rights discourse to delegitimize violence against women, it is now applied widely by other movements to gain acceptance for their otherwise contested concerns. In the Vienna Declaration and the Program of Action adopted at the end of the conference, governments agreed on the following text: The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. Entry into force: 3 May 2008, in accordance with article 45(1). DHDR Article 18 establishes duties and responsibilities concerning information and communications technologies with the aim of ensuring universal access to basic communication and information infrastructure and services. Moreover, the adoption of specific womens rights conventions and the establishment of womens rights institutions can result in the marginalization of womens rights in the human rights system and the creation of what Reanda (1992:267) and others (e.g. DHDR Article 21 is focused on formulating the duty and responsibility to respect and ensure the physical, psychological and personal integrity of all members of the human family in all circumstances, including in situations of armed conflict, reformulating UDHR articles 10-12 dedicated to the rights to personal integrity and respect for privacy. It identifies the unequal treatment between men and women to be the main source of discrimination. The UDHR Article 4 states that no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. The site provides a list of womens rights conventions and links to their texts; it contains the annual reports that have been issued by the rapporteur as well as information about country visits, issues in focus, and consultations with civil society. Quite a number of international womens rights conventions were adopted and international institutions established to promote and protect womens rights. Fourth World Conference on Women, Beijing, China, 1995, Declaration and Platform of Action. In DHDR Article 1 duty and responsibility are defined for the purpose of the declaration: "duty" means an ethical or moral obligation; and "responsibility", an obligation that is legally binding under existing international law. In addition, since the mid-1990s the High Commissioner on Human Rights, on the one hand, and the UN Division for the Advancement of Women and CSW, on the other hand, cooperate and coordinate their work more closely (UN Commission on Human Rights 1998). This ghettoization, as some called it (Bunch 1995:11), had not only resulted in less powerful and less resourced institutions (see, for example, Galey 1984; Coliver 1987; Zearfoss 1991), but was also no longer in line with womens reality, since womens rights violations, or more precisely, their specific manifestations, were often directly linked and compounded by class and race, a result of socioeconomic structures (Bunch 1990:488), and had to be understood within the context of both culture and religion (Moller Okin 1999). However, contrary to earlier treaties, the Womens Convention clearly legitimates temporary programs to redress imbalances or eliminate wrongs which have developed due to discriminatory practices (p. 87). As leaders we have a duty therefore to all the worlds people. Concluding with the assertion that womens rights as human rights continues to be a contested proposition, the essay closes by suggesting future venues for research. By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Does it provide womens organizations leverage in, for example, international economic institutions, such as the World Trade Organization or the World Bank, where they are starting to make inroads? UN World Conference on Human Rights, Vienna, Austria, 1993, Vienna Declaration and Programme of Action. As Nitza Berkovitch notes: The campaign for suffrage was predicated on the construction of women as being essentially different from men and as having higher ethical standards and superior characteristics. To do that, the DHDR takes into account at the same time, the responsibility of the States and the shared responsibility of the world community in the context of the global interdependence. It involves what Rees refers to as a paradigm shift (Rees 1998:46). There also continues to be disagreement and debate among womens organizations as to how womens rights can be best ensured and whether women should work inside and with established institutions or rather outside of them. Some progress towards the accomplishment of this duty can be observed at international level. They include, among others, the Political Rights of Women adopted in 1952, which recognized at least on paper that the achievement of full status for women as citizens was the key to acceptance of women as equal participants in the life of the community (McDougal et al. But even the Covenants on Civil and Political Rights and Social, Economic and Cultural Rights are reflective of the equal rights frame. DHDR Article 22 enunciates the duty and responsibility to take all necessary measures to respect and ensure the right to personal liberty and physical security, primarily by the States, preventing arbitrary arrest and detention and ensuring that all arrests and detentions are carried out in accordance with universally recognised standards of fairness and due process. It discounts the impact of other forms of unequal power relations, for example, those which accrue as a result of class or racial oppression and discrimination. At the UN Conference on Climate and Development in Rio de Janeiro, Brazil, in 1992, womens organizations, for example, were able to extend the initial occasional mentioning of women in Agenda 21, the final document, into an entire chapter entitled Global Action for Women towards Sustainable and Equitable Development and numerous references throughout the text (Commission on the Status of Women 1995; Pearl 2002). Others fear that the frame will loose its effectiveness when it comes to implementation given the limited resources, on the one hand, and the broader set of rights that require attention, on the other hand. With respect to the sources of womens exclusion from international human rights law, proponents of the gender approach consider the distinction between, first, public and private, and, second, that between political and civil rights, on the one hand, and social, economic, and cultural rights, on the other hand, as fundamental. The movement had its origins in the Reconstruction era during the late 19th century, although it made its largest legislative gains in the 1960s after years of direct This enunciation specifies the duty for achieving the content of UDHR Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The rights of these future generations are the duties of present generations summarises Federico Mayor, the then Director General of UNESCO. The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. To this end, scholars might study how the work of human rights organizations, for example, has changed since they started to investigate womens rights violations or, drawing on human rights and womens rights indexes, analyze whether and to what extent the overall human rights situations in countries changes in response to improvements concerning womens rights. By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. In a broader sense, the Earth Charter, a declaration of principles for a sustainable world, emphasises the urgency of sharing responsibility for caring for the community of life, including the well-being of the human family. First, more studies are needed on how well womens rights as human rights travel across different institutions. Is the enforcement record still dismal or has it improved in response to the reports issued or the fact-finding missions conducted by the Rapporteur? Project Diana: Human Rights Cases. Since the early 1990s, we can witness a third wave of womens international activism and a shift to the gender frame. However, the narrow focus on sex-based harm also raises questions. (pp. Since this was not a suffrage organization per se (Stienstra 1994:48), Elizabeth Cady Stanton, Susan B. 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