Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law and Gender

Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis Jul 2012

Forgotten Sisters- A Report On Violence Against Women With Disabilities: An Overview Of Its Nature, Scope, Causes And Consequences, Stephanie Ortoleva, Hope Lewis

Hope Lewis

This report, prepared by scholars and human rights advocates who are members of the Working Group on Violence against Women with Disabilities, focuses on the prevalence and pervasiveness of violence against women and girls with disabilities. The Working Group recognizes the need to ensure that women and girls with disabilities are included as full participants in data-gathering, analysis, and proposed solutions as the mandates of Ms. Rashida Manjoo, the UN Special Rapporteur on Violence against Women, its Causes and Consequences, and Mr. Shuaib Chalklen, the Special Rapporteur on Disability, move forward. Additionally, the Working Group calls on international organizations, especially …


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Sep 2011

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless, …


Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis Sep 2011

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis

Hope Lewis

This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an …


Transnational Dimensions Of Women's Empowerment: Refocusing On Economic, Social, And Cultural Rights, Hope Lewis Sep 2010

Transnational Dimensions Of Women's Empowerment: Refocusing On Economic, Social, And Cultural Rights, Hope Lewis

Hope Lewis

These remarks on the economic, social, and cultural human rights of women were delivered at a conference on “The Protection of Women.” The conference was organized by the Italian Cultural Institute of New York, the Ministry of Foreign Affairs of Italy, the Consulate General of Italy in New York, and others as a side event during UN Week 2010. The focus of the conference was on progress toward completion of the Millennium Development Goals (MDGs) as they impact the status of women. My talk centered on the wisdom and survival strategies of Afro-Caribbean and other transmigrant women in surviving the …


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Dec 2008

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless, …


Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis Dec 2002

Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis

Hope Lewis

Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that …


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 …


"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis Dec 1999

"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis

Hope Lewis

These remarks were delivered at the 93rd Annual Meeting of the American Society of International Law (24-27 March 1999, Washington, DC) for a panel on the rule of law vs. cultural authority. The reality for working-class Afro-Caribbean women migrants (called "lionheart gals" by one Caribbean feminist organization) is that both "the rule of law" and "cultural authority" can enhance, or undermine, the protection of fundamental human rights. For lionheart gals, the choice is not between a liberating rule of law and a static, cocoonlike cultural authority. For them, the primary imperative is to use law and culture in a creative …


Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning Dec 1997

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …


Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis Dec 1997

Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Hope Lewis

Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like …


Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis Dec 1996

Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis

Hope Lewis

This Article commands a more explicit engagement of critical race scholarship with feminist international human rights strategies. It focuses on Jamaican-American women. Part I discusses key aspects of the historical and sociological context in which the migration of Jamaican women to the New York City area has occurred. It also discusses trends in their participation in the paid labor force since the migratory patterns of Jamaican women are strongly linked to their employment opportunities. Part II describes and analyzes significant survival strategies used by working-class Jamaican-American women to escape from, reshape, or resist the exploitative conditions they face. The strategies …


Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis Dec 1995

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis

Hope Lewis

This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an …


Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis Mar 1995

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis

Hope Lewis

“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the …