Course Synopses/Outlines:

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