Mar 8, 2020 | News
The ICJ commemorates International Women’s Day by calling on States all over the world to take decisive steps to abolish or amend laws, policies and practices that discriminate against women and girls, including those belonging to Sexual Orientation, Gender Identity and Expression and Sex Characteristics (SOGIESC) minorities.
“All over the world, we are facing increasing attacks on the rule of law, which intensify existing inequalities resulting in compounded and intersecting forms of discrimination against women and girls, especially women from SOGIESC minorities,” said Emerlynne Gil, ICJ’s global focal point on gender.
The ICJ also calls on frontline justice actors, such as judges, lawyers and law enforcement officers, to take proactive steps in eliminating gender discriminatory practices in their work to further enhance access to justice for women.
Such action includes an open and inclusive discourse on regressive interpretations of religious and customary laws that discriminate against women.
The ICJ also urges States to acknowledge the diverse voices of women in this discourse, including those of women who belong to SOGIESC minorities.
“Women and girls, including those from SOGIESC minorities, are at a heightened risk of human rights abuses, most especially because a greater number among them is now living in poverty and is unable to access information about their rights, as well as justice for the violations they suffer,” added Emerlynne Gil.
.International Women’s Day is a symbolic acknowledgement of women’s struggle for gender equality in all spheres of life.
While celebrating the recognition of women’s legal rights and entitlements, the ICJ also notes with deep concern the growing trend around the world to push back on these advances in a manner that fundamentally violates the rights of women.
In 2019, the ICJ adopted the Tunis Declaration on Reinforcing the Rule of Law and Human Rights (Tunis Declaration), wherein it highlighted how “culture, tradition, or religion are being used to justify laws, policies, and practices that discriminate against women and girls”.
The proliferation of these discriminatory laws, policies and practices “come at a time when there is growing inequality, accelerating climate change, conflict, and large-scale displacement of people.”
Upholding cultural practices is often invoked as a convenient excuse to justify the continued existence of laws, policies, and practices that discriminate against women and girls, including those belonging to SOGIESC minorities.
While the ICJ affirms the importance of respecting cultural rights, these must be exercised in a manner consistent with core rule of law principles of non-discrimination, equality and equal protection of the law.
The ICJ notes that claims of cultural preservation are often based upon harmful gender stereotypes and deeply problematic patriarchal norms and attitudes that undergird the sanctification of discriminatory cultural, religious, traditional, and customary norms.
In the Tunis Declaration, the ICJ recognized “the persistent, deep entrenchment of patriarchal culture that perpetuates gender stereotypes in many national and international institutions, including those of the legal profession and judiciary.”
Harmful gender stereotypes, in turn, severely hamper women from enjoying their human rights and from equal access to justice, including for crimes of sexual and gender-based violence perpetrated against them.
Contact
Emerlynne Gil, ICJ Senior International Legal Adviser, email: emerlynne.gil(a)icj.org
Feb 25, 2020 | Advocacy, Non-legal submissions
The ICJ today spoke at the UN Human Rights Council in Geneva, highlighting issues of access to justice for women in the context of religious and customary law.
The statement, delivered during a High Level Panel discussion commemorating the twenty-fifth anniversary of the Beijing Declaration and Platform for Action adopted at the Fourth World Conference on Women, read as follows:
“The International Commission of Jurists (ICJ) welcomes this opportunity to celebrate the progress made in the implementation of the Beijing Declaration and Platform for Action 25 years after its adoption and to address the remaining challenges to gender equality and women’s empowerment.
We have indeed seen an expansion in many countries of women’s legal entitlements and protection of their rights. However, there is also a growing trend to push these advances back and violate women’s human rights, invoking as justification religion, tradition, culture, and custom. This came out clearly when ICJ, UN Women and the OHCHR hosted a consultation for the UN Special Rapporteur on freedom of religion or belief last year, where women human rights defenders from all over Asia raised concerns about the resurgence of intersecting forms of discrimination by religion and culture based on patriarchal attitudes. They specifically narrated how women and girls were denied their sexual and reproductive rights.
Recalling the vision of the Beijing Declaration and Platform for Action, we reiterate the obligation of States not to invoke, “any custom, tradition or religious consideration”, to avoid their obligations to combat gender-based violence and discrimination against women. The Human Rights Committee also provides that “State parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s right to equality before the law and to equal enjoyment of [ICCPR] rights[1].”
We therefore urge the Council to foster an open and inclusive discourse with Member States on the regressive interpretations of religious and customary laws that discriminate against women, and to acknowledge the voices and the diversity of women in that process. We urge States to ensure the full implementation of the human rights of women as an inalienable part of all fundamental freedoms.”
[1] Para 5, CCPR/C/21/Rev.1/Add.10
Nov 26, 2019 | News
Three exceptional women – Huda Al-Sarari, Norma Ledezma and Sizani Ngubane – are the finalists for the 2020 Martin Ennals Award, a demonstration of the leading position now occupied by women in the defence of human rights. The ICJ is member of the MEA Jury.
In Yemen, Huda Al-Sarari has exposed and challenged the existence of secret prisons and many cases of torture.
In Mexico, Norma Ledezma is fighting against femicides and disappearances.
In South Africa, Sizani Ngubane is fighting for access for women to education and to land.
Three women nominated: a first
Each year, the Martin Ennals Award rewards human rights defenders from around the world who distinguish themselves by their strong commitment to promoting human rights – often at the risk of their own lives.
In 2020, for the first time the Jury nominated three women who defend the fundamental rights of their communities in sensitive contexts.
“The Martin Ennals Foundation is proud to recognize the courageous work of three women. For the 2020 edition, our Jury’s choice reflects the ever-greater global impetus of individuals – whatever their gender – who are committed to respect for human rights and women’s rights in particular,” said Isabel de Sola, Director of the Martin Ennals Foundation.
“The finalists for the 2020 Martin Ennals Award work on different continents, but all three have in common their resilience, determination, a tremendous rigour and, finally, the positive and concrete impact of their work,” added Hans Thoolen, Chairman of the Jury.
In Yemen, where the conflict has been ongoing since 2005, Huda Al-Sarari, a Yemeni lawyer, unveiled the existence of several secret detention centres where the worst violations of human rights were committed: torture, disappearances or even extrajudicial executions.
In South Africa, women face discrimination, the worst expression of which is widespread gender violence. In rural communities, they frequently have their land expropriated and are deprived of access to education and justice. Sizani Ngubane founded an organization of more than 50,000 women from rural areas in her country and has fought successfully for over 40 years for the recognition of their rights.
In Mexico, the civil population is paying a high price for the weakness of the rule of law which is underpins widespread violence and impunity. Women are the primary victims, with more than 3,500 femicides committed each year. Norma Ledezma, who is the mother of one of the victims, puts all her energy into supporting families seeking access to justice in the state of Chihuahua.
The finalists were selected by a jury made up of representatives of ten of the world’s leading human rights organizations: the ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS.
The 2020 Martin Ennals Award will be given to one of the three finalists on 19 February 2020 at a livestreamed public ceremony. The event is hosted by the City of Geneva which, as part of its commitment to human rights, is a longstanding supporter of the Award.
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Chloé Bitton, Communications Manager, Martin Ennals Foundation, t +41 22 809 49 25 e: cbitton(a)martinennalsaward.org
Universal-MEA2020bios-News-2019-ENG (full bios of finalists, in PDF)
Universal-MEA2020bios-News-2019-ARA (full story and bios of finalists in Arabic, PDF)
Nov 25, 2019 | Multimedia items, News, Video clips
The ICJ just launched a 15 minute documentary showing contributions by the ICJ and local human rights defenders in bringing the Sexual Offences and Domestic Violence (SODV) Act to pass in Mbabane, Eswatini.
The documentary was launched at an SODV Act media training held with the Cooperation for the Development of Emerging Countries (Cospe) and the Editor’s Forum. The training was aimed at taking a human rights-based approach to understanding the Act, following pushback from those who have expressed the view that parts of the Act are an as an affront to Swazi tradition and culture.
In an effort to combat the various challenges presented by SGBV, the Kingdom of Eswatini introduced the Sexual Offences and Domestic Violence (SODV) Act in 2018. The Act complies with its commitments under international and regional human rights law to fight the scourge of SGBV in the country.
The documentary highlights the way in which the Act is expected to be instrumental in combatting the scourge of sexual and gender-based violence, as well as areas in which it has been contested. The documentary was well-received by participants of the training and opened up an engaging dialogue about its usefulness.
The media is at the forefront of informing public discourse about the Act and it is hoped that this training provided some much-needed clarity around the Act.
Watch the documentary:
Contact
Khanyo Farisè (Legal Associate): e: Nokukhanya.Farise(a)icj.org
Shaazia Ebrahim (Media Officer): e: shaazia.ebrahim(a)icj.org
Nov 7, 2019 | News
Today, the ICJ published an Arabic translation of Practitioners’ Guide N°12 on Women’s Access to Justice for Gender-based Violence.
The Guide is designed to support legal practitioners and human rights defenders involved or interested in pursuing cases of gender-based violence.
It provides information about regional and international law and standards relevant to gender-based violence, advice on implementing these standards as part of domestic law reform and examples of existing good practice in seeking protection for women.
The Guide (Arabic version here) also addresses the practical issues that are faced by women who have been subject to gender-based violence and the steps that are necessary to secure their access to justice in practice. It considers women’s experiences of the criminal justice system and reflects on how the justice system deals with women’s safety and need for access to services beyond legal assistance.
Download
Universal-Womens accesss to justice-Publications-Practitioners’ Guide Series-2019-ARA (full guide, in PDF)
