Oct 15, 2011
In its groundbreaking decision in L.C. v. Peru in 2011, CEDAW held that Peru had violated the Convention on the Elimination of all forms of Discrimination against Women (CEDAW Convention).
The case, which was brought by the Center for Reproductive Rights and PROMSEX, concerned a young girl who became pregnant following sexual abuse and who suffered serious physical harm and paraplegia after a subsequent suicide attempt.
In order to protect her health and enable her to obtain necessary surgery and other medical treatment, a therapeutic abortion was indicated.
However, hospital officials refused to sanction the procedure despite the fact that abortion is permitted in Peru when necessary to protect the health and life of the mother.
No timely and effective procedure was in place to enable the girl or her family to challenge this decision before an independent authority.
At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.
The ICJ brief addressed the nature of the obligation to take steps to guarantee the enjoyment of rights in practice and highlighted the emerging consensus among international authorities that States must put in place effective processes by which women and girls can vindicate their right to an abortion in cases where their health or lives are at stake or where abortion is otherwise legal in State.
In its views the Committee found that violations of the CEDAW Convention had occurred and among other things considered that Peru must establish effective mechanisms to enable women to have access in practice to those abortion services in cases where their health or lives are at stake or where abortion is otherwise legal in State.
Steps by Peru to consider the decision and take effective measures to address the violations identified are now vital. Until such measures are taken, including through making reparation to the individual victim and taking steps to guarantee non-repetition, the violations identified will likely continue.
Peru-Legal Opinion ICJ LC v. Peru-legal submission-2011 (full text in PDF)
For a copy of CEDAW views click here
Aug 15, 2011
In a seminal decision in Alyne da Silva Pimentel v. Brazil, CEDAW held that Brazil had violated the Convention on the Elimination of all forms of Discrimination against Women.
Brazil failed to provide requisite care to a woman who died as a result of obstetric complications. The case is the first maternal death case to be decided by an international human rights body.
The case, which was brought by the Center for Reproductive Rights and Citizens’ Advocacy for Human Rights (ADVOCACI), concerned the death of an afro Brazilian woman from pregnancy related complications following inadequate and poor quality medical treatment.
At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.
The ICJ brief concerned the equal rights of women to the enjoyment of the right to the highest attainable standard of health and to an effective remedy.
Brazil-Legal Opinion ICJ Case of Alyne da Silva Pimentel-legal submission-2011
For a copy of CEDAW views click here
Jul 2, 2010
Front Line’s and ICJ’s views to the Committee on the Elimination of Discrimination against Women in advance of the Committee’s consideration of the 6th and 7th Periodic Reports of the Russian Federation.
Russian Federation-consideration periodic reports-legal submission-2010 (full text in English, PDF)
Jun 25, 2010
The principles of equality and non-discrimination are fundamental tenets of international human rights law, and stand at the heart of international human rights protection.
It is clear that as long as law does not promote and protect women’s equality and as long as law that discriminates against women exists, progress in relation to guaranteeing women’s human rights can only go so far. Although there is no silver bullet to ending all discrimination against women reform of law that discriminates against women and the development and enactment of law that promotes and protects their equality is a critical step.
Women’s inequality before the law and in the administration of justice persists throughout the world and effects women in all countries, of all ages, and in all aspects of their lives. The lack of progress that has been made on this issue, despite repeated international commitments and widely ascribed-to international legal commitments, is widely acknowledged to be appalling.
Law is a formal expression of State policy. Without equality before the law and equal access to justice women have no recourse when they face discrimination in all aspects of their lives.
ICJ Non-Paper: Women’s Equality Before the Law: New Independent Expert of the UN Human Rights Council
Nov 12, 2009
The IACtHR issued its seminal decision in Gonzalez et al v. Mexico: the State has failed to discharge its international obligation to exercise due diligence to prevent, investigate and prosecute disappearances and deaths of several women in Ciudad Juarez.
The ICJ submitted an Amicus brief.
Mexico-Amicus IACtHR Campo Algodonero-legal submission-2009
For a copy of the Court judgment click here
