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Changing Reality: All Roads Lead to Equality?

Published online by Cambridge University Press:  28 February 2017

Andrew Byrnes
Australian National University


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“Reconceiving Reality”: A Ten-Year Perspective
Copyright © American Society of International Law 2003

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1 See Reconcerving Reality: Women and International Law, ASIL Studies in Transnational Legal Policy, No. 25, (Dorinda Dallmeyer ed., 1993).

2 See generally Hilary Charlesworth & Christine Chinon, the Boundaries of International Law: A Feminist Analysis (2000).

3 Byrnes, Andrew, Women, Feminism and International Human Rights LawMethodological Myopia, Fundamental Flaws or Meaningful Marginalisation, 12 Aust’l Y.B. Int’l L. 205, 205 (1992)Google Scholar (footnotes omitted).

4 See General Recommendations 1-24, CEDAWHRI/GEN/l/Rev.5, at 202-51 (2001), available at <>.

5 See Gares. 54/4 (Oct. 15, 1999), available at <>

6 For the official history, see United Nations Division for the Advancement of Women, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women: Text and Materials (2000).

7 See, e.g., the November 2001 workshop organized by Equality Now! with the University of Minnesota Law School and the UN Division for the Advancement of Women, Equality Now, Annual Report 2001, 19, at <>.

8 See General Recommendation 19. CEDAW, 11th Sess., (1992), available at <>.

9 See GA Res 48/104 (Dec. 20, 1993), available at <>.

10 See 33 ILM 1534 (1994) (entered into force Mar. 5, 1994).

11 See Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, Ga Res 55/25, (opened for signature Dec. 12, 2000), available at <>.

12 See Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, GA Res 54/263 (entered into force Jan. 18, 2002), available at <>.

18 See SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2002) available at <>.

14 See General Recommendation XXV on Gender-Related Dimensions of Racial Discrimination, Cerd, 56tfe Sess. (2000), available at <>.

15 See Andrew Byrnes, The Committee against Torture in the United Nations and Human Rights: A Critical Appraisal (2d. ed. forthcoming 2004).

16 General Comment No. 28 Article 3: Equality of Rights Between Men and Women, UN Committee for Civil and Political Rights, CCPR/C/21/Rev.l/Add.10 (2000).

17 For recent developments, see Integrating the Human Rights of Women Throughout the United Nations System, Report of the Secretary-General, C.H.R. Res. 1998/51, UN ESCOR, Supp. No. 3, at 167, paras. 30-36, E/CN.4/2003/72 (2003). Information can also be found (searchable by theme) at <>. For a recent example, see General Comment No. 15—The Right to Water, Committee on Economic, Social and Cultural Rights, 29th Sess., paras. 7,16 E.C12/2002/11 (2002) (noting women’s particular burden in providing water in many countries, the need to ensure that women farmers have equal access to water, and the importance of involving women in decision-making about water resources).

18 See generally id., C.H.R. Res. 1998/51, paras. 10-26 (referring to Integrating the Human Rights of Women).

19 See Update on the Work of the Rapporteurship on the Rights of Women, in Annual Report of the Iachr 2001 (Inter-American Comm’n on Human Rights 2001), available at <>.

20 Originally appointed by Chr Res. 1994/45.

21 For an overview of the special rapporteur’s activities from 1994-2002, see Report of the Special Rapporteur on Violence Against Women, UN Comm’n for Human Rights, 59th Sess. Prov. Agenda, Item 12(a), E/CN.4/2003/75 (2003).

22 E.g., Kisoki v. Sweden, Comm. No. 41/1996, 12 February 1996, Report of the Committee against Torture, Ungaor, 51st Sess., Supp. No. 44, at 81, A/51/44 (1996). See generally Andrew Byrnes, The Convention Against Torture, in 2 Women and International Human Rights Law 183, 195-200 (Kelly D. Askin & Dorean M. Koenig eds., 2000).

23 See Aydin v. Turkey (Eur. Ct. H.R. Sept. 25, 1997).

24 See generally Abi-Mershed, The Inter-American Commission on Human Rights in Askin & Koenig, supra note 22, at 417, 429-33; Inter-American Commission on Human Rights, Report on the Human Rights Situation in Haiti, para. 134, OEA/Ser.L/V/II.88 Doc. 10 rev. (1995), available at <>; Mejía Egocheaga v. Peru, Case 10.466, Inter-Am. C.H.R., Report No. 83/90, OEA/Ser.L/V/II.79.rev.1, doc. 12 (1991); Ana, Beatriz and Celia González Pérez v. Mexico, Case 11.565, Inter-Am. C.H.R. Report No. 53/01 (2001), available at <>.

25 See Prosecutor v. Akayesu, Judgment, No. Ictr-96-4-T (Sept. 2,1998); Prosecutor v. Furundžija, No. It-95-17/1, Judgment (Dec. 10, 1998) Judgment on Appeal (July 21, 2000); Prosecutor v. Kunarać, No. IT-96-23-T & IT-96-23/1 Judgment (Feb. 22, 2001) Judgment on Appeal (June 12, 2002) ; all ICTY cases, available at <>. See generally Patricia Viseur-Sellers, The Context of Sexual Violence: Sexual Violence as Violations of International Humanitarian Law in Substantive and Procedural Aspects of Internationl Criminal Law—The Experience of International and National Courts ch.7.D (Gabrielle Kirk McDonald & Olivia Swaak-Goldman eds., 2000).

26 See generally, Koenig & Askin, International Criminal Law and the International Criminal Court Statute: Crimes against Women in Askin & Koenig, supra note 22, at 3.

27 See Byrnes, supra note 22, at 226-31 ; Rebecca Cook, J., State Responsibility for Violations of Women ‘s Human Rights, 7 Harv. Hum. Rts. J. 125 (1994)Google Scholar.

28 See Judgment in Velasquez Rodriguez case, (Inter-Am. C.H.R. July 29, 1988), reprinted in 28 ILM 291 (1989).

29 See, e.g. , D.J. Harris et al., Law and Practice of the European Convention on Human Rights 19-22, 284-85 (1999).

30 See Maria da Penha Maia Fernandes v. Brazil, Case 12.051, Inter-Am. C.H.R., Report No. 54/01 (2001), available at <>.

31 See, e.g. , María Eugenia Morales de Sierra v. Guatemala, Case 11.625, Inter-Am. C.H.R. Report No. 4/01, OEA/Ser.L/V/II.95, doc. 7, rev. at 144 (1997), available at <>. January 19, 2001 (holding provisions of the Guatemalan Civil Code that restricted rights of wife in relation to marital property, differential treatment of husbands and wives in relation to children and guardianship, and the power of a husband to object to his wife’s outside activities were inconsistent with women’s rights to equal protection, family life, and privacy); Maria Merciadri de Morini v. Argentina, Case 11.307, Inter-Am. C.H.R. Report No. 103/01 (2001) (friendly settlement in case alleging that failure to ensure observance of Argentina law requiring specified percentages of women on political parties’ electoral list violated American Convention).

32 ETS No. 177 (not yet in force) [referring to Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms].

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