International Women's Rights Cases

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Robyn Emerton, Andrew Byrnes, Kirstine Adams, Jane Connors
Psychology Press, 16. sept 2005 - 878 pages

The last two decades have seen major advances in the legal protection of the human rights of women around the world. A series of international and national court cases has developed an important body of jurisprudence that has been relied on by courts and advocates in many countries to support women's claims for equality and the full enjoyment of human rights and fundamental freedoms.

Growing out of a series of judicial colloquia organized by the Commonwealth Secretariat, this compilation brings together a selection of over fifty significant cases from international and national courts. The cases are grouped by theme and presented in full text or edited format. Together they highlight the way in which courts have used international human rights norms and national constitutional standards to contribute to women's equality. A detailed introduction provides a summary of the significance of the cases and references further material available on women's human rights.

Cases decided under United Nations human rights treaties, the European and American Conventions on Human Rights and other international instruments, as well as cases decided by national courts in Asia, Africa, Europe, Australasia, and North America are all included. The compilation will be of interest to all those with an interest in the advancement of the human rights of women especially equality advocates, lawyers and judges, scholars and students.

 

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Contents

Guide to Online Resources
xlv
Table of National Legislation by Country
lxix
Table of European Community Legislation
lxxxv
INTERNATIONAL OBLIGATIONS AS A GUIDE TO CONSTITUTIONAL
3
Supreme Court of India 13 August 1997
11
Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh High Court
33
B STATE RESPONSIBILITY UNDER INTERNATIONAL LAW FOR VIOLATIONS
65
July 1988
91
Brüggemann and Scheuten v Federal Republic of Germany European
361
Open Door Counselling Ltd and Dublin Well Woman Centre Ltd v Ireland
375
ACCESS TO EMPLOYMENT
413
DISCRIMINATION ON THE BASIS OF PREGNANCY
420
ENTITLEMENT TO BENEFITS
428
Abdoulaye and Others v Régie Nationale des Usines Renault
446
Hv E Equal Opportunities Tribunal New Zealand 19 September 1985
475
RIGHT TO EQUALITY IN THE ENJOYMENT OF OTHER ECONOMIC
499

GENERAL
121
AFFIRMATIVE ACTIONTEMPORARY SPECIAL MEASURES
148
Kalanke v Freie Hansestadt Bremen European Court of Justice
159
RIGHT FREELY TO CHOOSE ONES SPOUSE
179
A S v Sweden United Nations Committee against Torture
203
Morales de Sierra v Guatemala InterAmerican Commission on Human
222
Mohammad Ahmed Khan v Shah Bano Supreme Court of India
245
Lovelace v Canada United Nations Human Rights Committee
261
Marckx v Belgium European Court of Human Rights 13 June 1979
273
Johnston and Others v Ireland European Court of Human Rights
296
Kroon and Others v The Netherlands European Court of Human Rights
324
Nawakwi v Attorney General of Zambia High Court of Zambia
340
Paton v United Kingdom European Commission of Human Rights
351
Vos v The Netherlands United Nations Human Rights Committee
511
SchulerZgraggen v Switzerland European Court of Human Rights
521
RIGHTS TO LAND AND INHERITANCE
538
J EQUALITY AND NONDISCRIMINATION IN RELATION TO CITIZENSHIP
551
Attorney General of Botswana v Dow Court of Appeal Botswana
572
IMMIGRATION STATUS OF SPOUSES AND PARTNERS
608
Abdulaziz Cabales and Balkandali v United Kingdom European Court
618
Rattigan and Others v The Chief Immigration Officer and Others
650
Salem v Chief Immigration Officer Supreme Court of Zimbabwe
659
EQUALITY AND DISCRIMINATION IN RELATION TO CRIMINAL LAW
691
State v D and Another High Court of Namibia 4 October 1991
701
Safia Bibi v State Federal Shariat Court of Pakistan 13 December 1983
707
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About the author (2005)

This compilation is a result of a joint project between the Commonwealth Secretariat and the Centre for Comparative and Public Law of the Faculty of Law, The University of Hong Kong. Kirstine Adams formerly of the Centre for Comparative and Public Law, University of Hong Kong, Andrew Byrnes, formerly Director of the Centre for Comparative and Public Law and currently Professor of Law at the Australian National University, Jane Connors, formerly of the United Nations Division for the Advancement of Women and presently of the Office of the United Nations High Commissioner for Human Rights, and Robyn Emerton, Centre for Comparative and Public Law and member of the Faculty of Law, University of Hong Kong.

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