International Women's Rights Law
Professor Rebecca J. Cook
2000-2001
Faculty of Law, University of Toronto
1. Overview Sept. 7, 2000
Hilary Charlesworth, What are "Women's International Human Rights"? in Human Rights of Women: National and International Perspectives 58-84, Philadelphia: U of Penn Press,1994
Rebecca Cook, Women's International Human Rights Law: The Way Forward in Human Rights of Women: National and International Perspectives 3-36, Philadelphia: U of Penn Press, 1994
2. The Women's Convention and Feminist Methods Sept. 14, 2000
Convention on the Elimination of All Forms of Discrimination against Women
Arvonne Fraser, Becoming Human: The Origins and Development of Women's Human Rights, Human Rights Quarterly 21: 853-906 (1999), read only 885-904
The Principles of Interpretation in Rebecca Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination against Women, Virginia J. of Int'l Law 30: 643- 716, 660-663 (1990)
Legal Recognition of the Human Rights Abuses of Women in Rebecca Cook, State Responsibility for Violations of Women's Rights, Harvard Human Rights J. 7: 125-175 (1994), read only 130-137
Hilary Charlesworth, Feminist Methods in International Law, American J. of Int'l Law 93: 379-394 (1999), read only 379-385
3. Valerie Oosterveld International Humanitarian Law: Overview Sept. 21, 2000
Hilary Charlesworth, Feminist Methods in International Law, American J. of Int'l Law 93: 379-394 (1999), read only 385-394, sections II and III.
Kelly Askin, Women and International Humanitarian Law, Women's Human Rights: A Reference Guide, (Kelly Askin & Dorean Koenig eds.) 41-87, Transnational Publishers, New York, 1999
Rome Statute of the International Criminal Court, 17 July 1998, A/conf.183/9
4. Valerie Oosterveld International Humanitarian Law: Cases rearranged class, Friday, Sept 22, 2000, 3-5
Prosecutor v. Akayesu (International Criminal Tribunal for Rwanda), Judgement of September 2, 1998, Case No ICTR-96-4-T (excerpts)
Prosecutor v. Furundzija (International Criminal Tribunal for the Former Yugoslavia) Judgement of December 10, 1998. Case No. IT-95-17/1-T-10 (excerpts)
5. The Scope of State Responsibility - Sept 28, 2000
Andrew Byrnes and Jane Connors, Enforcing the Human Rights of Women: A Complaints Procedure for the Women's Convention? Brooklyn J. of Int'l Law XXI: 679-783 (1996), 707-32
Rebecca Cook, State Responsibility for Violations of Women's Rights, 147-152 (issues); 172-174 (limitations)
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
6. Remedies Oct 5, 2000
Dinah Shelton, Remedies in International Human Rights Law, Oxford, UK: Oxford University Press, 1999 Theories of Remedies: 38-56 Remedies in National Law: 57-80 Non-Monetary Remedies: 292- 306
Rebecca Cook, State Responsibility for Violations of Women's Rights, 169-171
7. Reem Bahdi - State Responsibility for Changes in Domestic Laws - Oct. 12, 2000
Baker v. Canada (Minister of Citizenship and Immigration) [1999] 2 S.C.R. 817, pp1-4 (holding), paras 2-10, 63-77
Baker v. Canada (Minister of Citizenship and Immigration) , Factum of the Charter Committee on Poverty Issues, http://www.web.net/ccpi/baker/factum.htrr, 2000
Karen Knop, Here and There: International Law in Domestic Courts, NYU J. of Int'l Law & Politics 32: 501-535 (2000)
P. N. Bhagwati, Creating a Judicial Culture to Promote Enforcement of Women's Human Rights in Andrew Byrnes, Jane Connors & Lum Byk eds., Advancing the Human Rights of Women: Using International Human Rights Standards in Domestic Litigation, 20-26, London: Commonwealth Secretariat, 1997
8. Reem Bahdi and Marylin Raisch - Researching International Women's Rights Oct. 19, 2000
Bora Laskin Law Library, University of Toronto, Women's Human Rights Resources: http://www.law.utoronto.ca/diana
Marylin Raisch, International Women's Human Rights and Humanitarian Law, Guide IV of Selective Source Guides to Research in International Law, August, 2000
9. The Prohibition of Discrimination Against Women - Oct 26, 2000, outline of papers due
Review 10-14 of Cook, Women's International Human Rights Law: The Way Forward
Human Rights Committee, General Comment 18 on Nondiscrimination
Discrimination with Respect to Nationality
The Attorney General v. Unity Dow , review 14-15 of Cook, Women's International Human Rights Law: The Way Forward
Committee on Feminism and International Law, International Law Association, Women's Equality and Nationality in International Law, Final Report, 2000, London: International Law Association, 44pp, read only 4-44.
Discrimination with Respect to Social Rights
Review 71-73 of Charlesworth, What are "Women's International Human Rights"?
Broeks v. the Netherlands, review 23-24 of Cook, Women's International Human Rights Law: The Way Forward
International Human Rights Law: Case Notes and Comments, Vanderbilt J. of Trans'l Law 23: 779-818 (1990), 786
Broeks v. the Netherlands, CCPR/C/29/D/172/1984
10. Intersections of Different Forms of Discrimination: Race, Ethnicity and Gender Nov. 2, 2000, return outlines with comments
Yilmaz-Dogan v. The Netherlands, The Committee on the Elimination of Racial Discrimination, International Human Rights Law: Case Notes and Comments, Vanderbilt J. of Trans'l Law 23: 779-818 (1990), 789-790
Review 23-24 of Cook, Women's International Human Rights Law: The Way Forward
Lisa A. Crooms, Indivisible Rights and Intersectional Identities or, "What Do Women's Rights Have to Do with the Race Convention?" Howard Law J. 40: 619-640 (1997)
See also, Adrian Wing ed. Global Critical Race Feminism: An International Reader (on reserve)
Nov. 9, 2000 reading week no class
11. Violence against Women Nov. 16, 2000
Kenneth Roth, Domestic Violence as an International Human Rights Issue in Human Rights of Women: National and International Perspectives 326-339, 1994, Philadelphia: U of Penn Press
The Communication Respecting the Violations of Human Rights of Haitian Women before the Inter-American Commission on Human Rights p. 1-43.
Aydin v. Turkey 25 E.H.R.R. 251 (1997), 251-257 (headnote), 251-257 & 294-303
Case 10.970 (Meijνa (Fernando and Raquel) v. Peru) (1996) IACHR, Annual Report of the Inter-American Commission on Human Rights 1995, 157-200; OEA/Ser.L/VIII.91, Doc. 7 rev., February 28, 1996, read only pp. 157-162, 182-193
Vishaka v. State of Rajasthan (1997) 6 Supreme Court Cases 241 (India)
CEDAW General Recommendation 19
12. Lois Chiang - International Trafficking in Women Nov. 23, 2000
Human Rights Watch, The Nature of the Abuse, in A Modern Form of Slavery: Trafficking of Burmese Women and Girls into Brothels in Thailand New York: Human Rights Watch, 1993, pp. 3-7
Lois Chiang, Trafficking in Women: An International Issue in Women's International Human Rights: A Reference Guide Vol. I (Kelly Askin & Dorean Koenig eds.) Ardsley, N.Y.: Transnational Press, 1999, 321-364, read only 338-344
Ali Miller and Alison Stewart, Report from the Roundtable on the Meaning of "Trafficking in Persons": A Human Rights Perspective, Women's Rights Law Reporter 20: 11-19 (1998), read only section V. Towards a Definition of Trafficking: Deconstructing a Classic
Janie Chuang, Redirecting the Debate over Trafficking in Women: Definitions, Paradigms, and Concerns, 11 Harvard Human Rights J. 65-107 (1998) 429
13. The Universality of the Human Rights of Women Nov. 30, 2000
A Reservation to the Women's Convention and Objections to that Reservation
Reservation of Bangladesh to the Convention on the Elimination of All Forms of Discrimination against Women, and the Objections of Mexico, Sweden and Germany
Human Rights Committee, General Comment 24 on Reservations
Rebecca Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination against Women, 648-660, 678-687
Fostering Compliance
Rebecca Cook, Effectiveness of the Beijing Conference in Fostering Compliance with International Law Regarding Women in Michael G. Schechter ed., UN-Sponsored World Conferences: Past, Present and Future, United Nations University Press, forthcoming 2000
Radhika Coomarswamy, To Bellow Like a Cow: Women, Ethnicity and the Discourse of Rights in Human Rights of Women: National and International Perspectives 39-57, Philadelphia: U of Penn Press, 1994
Barbara Stark, Women and Globalization: The Failure and Postmodern Possibilities of International Law, Vanderbilt J. of Trans'l Law 33: 503- 571 (2000), 546-556
Dec. 7, 2000 no class