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Without Prejudice

CEDAW and the determination of women's rights in a legal and cultural context

image of Without Prejudice
CEDAW – the UN Convention on the Elimination of All Forms of Discrimination against Women – is a powerful international human rights instrument that reflects a global determination to achieve gender equality. Turning aspiration into reality presents many challenges, particularly in relation to the process of adjudicating on women’s rights in both legal and cultural contexts.



This book looks at the range of cultural and legal challenges relating to the implementation of CEDAW, and the individual approaches adopted in various jurisdictions and contexts across the Commonwealth. Commonwealth declarations in support of CEDAW and initiatives from numerous Commonwealth countries are brought together here to support continuing efforts to address these issues.



This practical guide will inform and assist judges, adjudicators, lawyers and activists to advance the implementation of the principles of CEDAW within jurisdictions connected historically by the application of the common law.



Find out more about [email protected] here http://www.unifem.org/cedaw30/

English

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Culture, religion and gender: an overview, Frances Raday

This article explores the intersection of culture, religion and gender in the context of international and constitutional human rights law. The clash between religious or cultural autonomy and gender equality is a pervasive problem for constitutional law, one that arises in connection with claims of immunity from gender equality provisions on the grounds of cultural or religious freedom. I will describe how the resulting conflict has been addressed in international law and in the decisions of various constitutional courts and propose a theoretical basis for structuring the hierarchy of values to resolve this issue in a constitutional framework of human rights.

English

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