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Full-Text Articles in Law

“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda M. Martin Jan 2018

“Long Past Time”: Cedaw Ratification In The United States, Rangita De Silva De Alwis, Amanda M. Martin

Faculty Scholarship at Penn Law

More than 70 years after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, the US has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW or what is known as the global Bill of Rights for Women). The Trump administration is planning measures such as paid parental leave and child care legislation which are supported by the CEDAW. Despite the Trump administration's caution about human rights treaties, we argue that an enlightened self-interest on the part of the administration will draw it towards the CEDAW ratification despite the ratification ...


When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis Jan 2018

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some ...


Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis Jan 2018

Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

Sital Kalantry’s Women’s Human Rights and Migration: Sex Selective Abortion Laws in the United States and India addresses a long-existing gap in feminist theory at the intersection of a migrant woman’s experience and culturally motivated reproductive decisions. By recognising the possibility that ‘practices that are oppressive to women in one country context may not have a negative impact on women in another country context’ Kalantry takes an important step in creating a framework for evaluating competing human rights interests within the complex cultural contexts that arise in migrant-receiving countries. Her proposed framework rejects the decontextualisation and politicisation ...