Legal Issues of International Law from a Gender Perspective

Description

This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives. Preface Contents About the Editors The Fight Against Discrimination on the Grounds of Sex, Sexual Orientation and Gender Identity in the External Relations of th... 1 Introduction 2 Non-discrimination on Grounds of Sex in the EU´s Internal Action 3 Non-discrimination on the Grounds of Sexual Orientation and Gender Identity in the EU´s Internal Action 4 The Scope of Protection and Promotion of the Rights of Women and LGBTIQ Persons in the EU´s External Relations 5 Intersectionality As a Common Feature of the EU´s External Action in the Fight Against Discrimination on the Basis of Sex, S... 6 The Content of Gender Equality in External Relations of the European Union 7 The Content of Non-discrimination on Grounds of Sexual Orientation and Gender Identity in the EU External Action 8 Protection of the Rights of Women and LGBTIQ Persons in the EU´s External Action and the International Human Rights Protecti... 9 Final Remarks References Feminist Justice and the European Court of Human Rights 1 Introduction: Importance of Gender Sensitive Judgments 2 How Much Has the ECtHR´s Jurisprudence Achieved? 3 Direct Gender Discrimination and Gender Equality in Jurisprudence of the ECtHR: Protection Under Article 14 and Protocol 12 4 Indirect Gender Discrimination and Gender Equality in Jurisprudence of the ECtHR 4.1 Some Aspects of Articles 2 and 8 in the Context of Indirect Discrimination 4.2 Some Aspects of Articles 3 and 8 in the Context of Indirect Discrimination 5 Positive Measures 6 Conclusion References Online Database Cases Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women´s Rights in International Jurisprudence 1 Introduction: Reproduction, Motherhood and Stereotypes 2 Fertility As a `Qualitative Standard´ and Women´s Human Rights Violations 3 Gender Stereotypes and Reproductive Health Care: Contraception, Abortion and Obstetric Violence 4 Not Only Reproduction: Female Sexuality 5 Concluding Remarks: The Meaning of Reproductive Rights for Women References Workplace Discrimination Towards LGBTQ Employees and Employee Candidates in the Job Market: A European Approach to the Workpla... 1 Introduction 2 Discrimination in the Workplace on the Basis of Sexual Orientation 3 Hate Speech of Employers: A Form of Workplace Discrimination Towards LGBTQ Individuals 4 Balancing Rights: Conflict Between Rights of the Employee and Employer 5 The Burden of Proof and to Obtain Evidence Concerning the Anti-discrimination Claims in the Context of Sexual Orientation 6 A Room Left Open for the Discrimination: Exception of Churches 7 Conclusion References A Gender-Sensitive Reading of the Obligation to Prevent War Crimes Under the Law of Armed Conflict 1 Introduction 2 A Brief Note on Feminist Legal Theory and Public International Law 2.1 The Early Stage of the Feminist Readings of the LOAC 2.2 Feminist Legal Theory and the LOAC Protection of Civilians 2.3 Sexual Violence As a War Crime 3 Gendering the Obligation to Prevent War Crimes Under the LOAC 3.1 The LOAC Obligation to Prevent War Crimes 3.2 Applying a Gender Lens to the Obligation to Prevent a War Crime 4 Conclusions References The Recognition of Refugee Women in International Law 1 Introduction 2 International Legal Framework 2.1 General Refugee Framework 2.1.1 The Refugee Convention 2.1.2 European Convention on Human Rights 2.2 Gender-Specific Human Rights Instruments 2.2.1 Convention on the Elimination of All Forms of Discrimination Against Women 2.2.2 Istanbul Convention Action Against Violence Against Women and Domestic Violence 3 Women Refugees 3.1 Gender As a Social Group 3.2 Gender-Related Forms of Persecution 4 Gender-Sensitive Asylum Procedure 5 Conclusion References Legal Documents and Cases Screening International Environmental Law Through Gender Lenses: Already Gender-Sensitive, Still Not Gender-Responsive? 1 Introduction 2 The Origins and Evolution of Introducing Women and Gender Issues in IEL 2.1 From Focusing on Women to Introducing Gender into IEL 2.2 From Generalizing Towards Compartmentalizing Gender Issues in IEL 3 Identifying the Nature and Content of Gender Issues Within IEL 3.1 Gender-Balanced IEL or Gender Equality in IEL 3.2 Gender As an Ad Hoc or a Standing Issue 3.3 Weak vs Strong Engendering of IEL 3.4 Gender As a Multilayer Issue in IEL 4 Future Prospects for Engendering IEL 4.1 Taking into Account the Diversity of Women As a Constituency in Environmental Protection 4.2 From Gender-Sensitive to Gender-Responsive IEL: National Action Plans As a Mirror of the Current Level of Gender Mainstrea... 5 Conclusion References Putting Women´s Rights to Work: The Participation of Women on Company Boards As a Human Rights Law Issue 1 Introduction 2 Justifying More Participation of Women on Boards: Equality and the Business Case 3 State Obligations Under CEDAW to Ensure Women´s Participation on Boards in Terms of Formal, Substantive and Transformative E... 3.1 The Formal Equality Argument for Women´s Participation on Boards 3.2 The Substantive Equality Argument for Women´s Participation on Boards 3.2.1 The CEDAW´s Approach 3.2.2 The UN Guiding Principles on Business and Human Rights 3.3 The Transformative Equality Argument for Women´s Participation on Boards: Changing Power Relations 4 Company Obligations and Responsibilities: The Corporate Responsibility to Respect 5 Conclusion References Promoting Gender Equality in International Trade Agreements: Pioneering or Pipe Dream? 1 Introduction 2 Gender Provisions in Free Trade Agreements 2.1 Main Players for Gender Chapters in Free Trade Agreements 2.1.1 Chile 2.1.2 Canada 2.1.3 European Union 2.2 Content of Gender and Gender-Related Provisions 2.2.1 General Provisions 2.2.2 Cooperation Activities 2.2.3 Trade and Gender Committee 2.2.4 Domestic Policies 2.2.5 Consultations and Dispute Settlement 3 Global Trade and Gender Arrangement 4 Evaluation and Recommendations 4.1 Gender-Related Assessments 4.2 Enforceability 4.3 Specific Rules and Regulations 5 Conclusion References Standing Alone but Standing Tall: A Female Perspective of International Law from the Interwar Yugoslavia 1 Introduction 2 Personal History of Women in Serbia and the Kingdom of Yugoslavia 3 Personal History of Women in International Law: Gender Exclusion and Feminist Solidarity 4 Personal History of the Inter-War Period: From Peace Treaties to Peace Collapse 5 Conclusion References