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EMPOWERMENT – CEDAW AS A TOOL. PROF. DR. JUR. HERDÍS THORGEIRSDÓTTIR. WHAT DO WE WANT?. A society where equality is a fact – not merely a word. Where do we stand? Formal legal impediments have been removed Anti-discrimination laws Complaints-led mechanisms. Poverty
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EMPOWERMENT – CEDAW AS A TOOL PROF. DR. JUR. HERDÍS THORGEIRSDÓTTIR
WHAT DO WE WANT? • A society where equality is a fact – not merely a word. • Where do we stand? • Formal legal impediments have been removed • Anti-discrimination laws • Complaints-led mechanisms Prof. Dr. Jur Herdís Thorgeirsdóttir
Poverty 7 out of 10 of the world’s hungry are women Women perform 66 % of the world’s work Violence Domestic violence more dangerous than cancer & war Home: the most dangerous place Where do we stand? Prof. Dr. Jur Herdís Thorgeirsdóttir
A re-vision of women’s rights • Gender equality is a fundamental right • Abuse within the family is not sui generis • Social/economic rights Prof. Dr. Jur Herdís Thorgeirsdóttir
EMPOWERMENT & CEDAW • Realization of women’s rights • Elimination of power disparities • CEDAW • A clear human rights agenda • If taken seriously may mark an enormous step forward Prof. Dr. Jur Herdís Thorgeirsdóttir
CEDAW unrealized potential • 90 % of UN members have ratified CEDAW • A political consensus • Universal, inalienable,indivisible and interdependent • Focus on discrimination against Women Prof. Dr. Jur Herdís Thorgeirsdóttir
Substantive rights • Civil rights in great detail • Right to vote, hold public office, participate in goverment • Affirms right to non-discrimination • In education, employment, living conditions • Equality in business matters Prof. Dr. Jur Herdís Thorgeirsdóttir
De facto equality • Art. 2 imposes a positive obligation . . . States shall . . . • Art. 4 temporary special measures • No excuse for inaction • GR no. 25 (2004) Prof. Dr. Jur Herdís Thorgeirsdóttir
Reproductive rights • Principles in relation to women and reproductive health • Art. 16 (1) to decide freely on the number and spacing of their children Prof. Dr. Jur Herdís Thorgeirsdóttir
Don’t act until the blood is flowing (A.T. v Hungary) • The husband posessed a firearm -threatened to kill her and rape the children (one brain damaged) • State did nothing; no shelter/ 10 medical certificates Prof. Dr. Jur Herdís Thorgeirsdóttir
Sexist stereotyping • Art. 5: States must take measures to change attitudes • Sexist stereotyping is a guaranteed way of disempowering women Prof. Dr. Jur Herdís Thorgeirsdóttir
EMPOWERMENT • Enabling an environment to achieve equality of results • Women need to arm themselves – with the law, networking and speaking up Prof. Dr. Jur Herdís Thorgeirsdóttir
Where do we go from here? Injustice anywhere is a threat to justice everywhere Power at its best is love implementing the demands of justice -Martin Luther King Prof. Dr. Jur Herdís Thorgeirsdóttir