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Human Rights Law Commons™

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Law and Gender

2001

Articles 1 - 9 of 9

Full-Text Articles in Human Rights Law

Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis Sep 2001

Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis

Hope Lewis

Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article …

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Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz Jan 2001

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

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Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens Jan 2001

Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens

Faculty Scholarship

Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …

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Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han Jan 2001

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

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Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol Jan 2001

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …

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The Impact Of The Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Kelly E. Hyland Jan 2001

The Impact Of The Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Kelly E. Hyland

Human Rights Brief

No abstract provided.

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Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet Jan 2001

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

All Faculty Publications

Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …

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From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews Jan 2001

From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews

Articles & Chapters

This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …

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Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine Jan 2001

Vision And Reality: Democracy And Citizenship Of Women In The Dayton Peace Accords, Christine M. Chinkin, Kate Paradine

Articles

This Article examines the gendered meanings of the concepts of democracy, citizenship, and human rights in the context of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA), negotiated in Dayton, Ohio, in 1995. The Article is predicated upon the idea that a feminist theory and politics of citizenship and democracy "must embrace an internationalist agenda" and that in turn, for effectiveness and legitimacy, the internationalist agenda must embrace feminist thinking. This Article further argues that the GFA provided an opportunity for the renegotiation of a contested space where democratic concepts of access and participation and citizenship issues …

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