Legal analysis

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    By balancing Sharia law and the new Sexual Offences Bill, Somalia is legislating for the 21st century

By balancing Sharia law and the new Sexual Offences Bill, Somalia is legislating for the 21st century

In advance of a LSE WPS public event with Her Excellency Deqa Yasin, Minister for Women and Human Rights Development, Antonia Mulvey reflects on the development of the Somalia Sexual Offences Bill

On 30 May 2018, the Cabinet of the Federal Government of Somalia unanimously accepted a Sexual Offences Bill. This landmark Bill marks the first time that a country […]

June 14th, 2018|Featured, From the field, Legal analysis, Sexual Violence in Conflict|Comments Off on By balancing Sharia law and the new Sexual Offences Bill, Somalia is legislating for the 21st century|
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    UK in ‘grave and systematic’ violation of rights due to restrictive abortion laws in Northern Ireland

UK in ‘grave and systematic’ violation of rights due to restrictive abortion laws in Northern Ireland

Following a critical UN report on access to abortion in Northern Ireland, Catherine O’Rourke explores the potential for synergies between the UN Committee on the Elimination of Discrimination against Women and the Women, Peace and Security architecture in advancing women’s rights in conflict.

On February 23, 2018, the UN Committee on the Elimination of Discrimination Against Women (the CEDAW Committee) […]

April 19th, 2018|Featured, Legal analysis, WPS in policy|Comments Off on UK in ‘grave and systematic’ violation of rights due to restrictive abortion laws in Northern Ireland|

We are entitled to gender equality – already

On International Women’s Day, and in the context of new movements and campaigns to end sexist abuse and discrimination, Lisa Gormley reminds us that the law is already on side – that gender equality is a legal right.

Feminism is the word of our times. Feminists have worked with international human rights law since the 1990s, as one tool among many to […]

March 8th, 2018|Featured, Legal analysis|Comments Off on We are entitled to gender equality – already|
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    CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women

CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women

Dr Aisling Swaine highlights the importance of the UN CEDAW Committee’s new General Recommendation with respect to conflict-related violence against women.
As I note in my forthcoming book, in the wars of today, the catalogue of gendered violence is still being compiled. Despite knowing more than we ever have about women’s experiences of conflict, there remain gaps in recognition of […]

September 12th, 2017|Featured, Legal analysis|Comments Off on CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women|
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    What is considered the ‘same matter’, matters for women seeking justice

What is considered the ‘same matter’, matters for women seeking justice

In the final post of her series, Visiting Fellow and women’s human rights lawyer Gema Fernández Rodríguez de Liévana highlights the need for a gender perspective to be applied to admissibility decisions.  

 

Admissibility and jurisdiction remain two significant hurdles for applicants seeking to obtain justice in regional and international courts. Often, applications are rejected without any reasons being provided. […]

June 2nd, 2017|Featured, Legal analysis|Comments Off on What is considered the ‘same matter’, matters for women seeking justice|
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    How a case against Georgia strengthened international standards for tackling violence against women

How a case against Georgia strengthened international standards for tackling violence against women

In the second post of her series, Gema Fernández Rodríguez de Liévana analyses how the X and Y v Georgia decision has strengthened international standards on gender-based violence. 

In my previous post, I discussed the need to incorporate a gender lens into procedural requirements. Here, I briefly set out the facts and analyse the merits of X and Y v […]

May 30th, 2017|Featured, Legal analysis|Comments Off on How a case against Georgia strengthened international standards for tackling violence against women|
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    The fallacy of gender-neutral legal procedure is limiting women’s access to justice

The fallacy of gender-neutral legal procedure is limiting women’s access to justice

Visiting Fellow and women’s human rights lawyer Gema Fernández Rodríguez de Liévana makes the case for a gender perspective to be applied to legal procedural rules.

This piece reflects on how laws regulating procedural issues, such as admissibility can hamper women’s access to justice. It will be followed by further posts, which focus on the Committee on the Elimination of […]

May 25th, 2017|Featured, Legal analysis|Comments Off on The fallacy of gender-neutral legal procedure is limiting women’s access to justice|
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    International law and the continuum of gender-based violence

International law and the continuum of gender-based violence

Gender-based violence (GBV) occurs throughout the world across times of war and peace, impacting women, LGBTQI people, children and men. Joanne Neenan and Professor Christine Chinkin discuss how the continuum of violence framework may influence International Law and the effect this can have on GBV interventions.

Gender-based violence (GBV) seeps into homes, onto battlefields and follows displaced persons fleeing persecution […]

April 6th, 2017|Featured, Legal analysis|Comments Off on International law and the continuum of gender-based violence|

Female Genital Mutilation should be prosecuted as a crime against humanity

200 million girls and women alive today have undergone Female Genital Mutilation (FGM). In her second post considering FGM and international law, Antonia Mulvey uses five criteria to explore whether FGM can constitute a crime against humanity.

By UNICEF / Olivier Asselin [CC BY-SA 2.0]
In my last post, I argued that all forms of FGM can constitute torture under international […]

April 3rd, 2017|Featured, Legal analysis|Comments Off on Female Genital Mutilation should be prosecuted as a crime against humanity|

Female Genital Mutilation should be recognised as a form of torture

FGM inflicts immediate and long-term pain and suffering on those who undergo it and is internationally recognised as a human rights violation. Antonia Mulvey argues that FGM could constitute a form of torture under international law.

This is the first of a two-part series looking at how FGM is framed in the international legal context.

At least 200 million […]