Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- 1 Introduction: Why Economic and Social Human Rights?
- I CORE RIGHTS
- II NONDISCRIMINATION
- 7 The Rights of the Child to an Adequate Standard of Living: Applying International Standards to the U.S. Case
- 8 Achieving Women's Economic Rights, in Policy and in Practice
- 9 Statelessness and Economic and Social Rights
- III META
- Index
- References
8 - Achieving Women's Economic Rights, in Policy and in Practice
Published online by Cambridge University Press: 05 February 2013
Edited by
Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- 1 Introduction: Why Economic and Social Human Rights?
- I CORE RIGHTS
- II NONDISCRIMINATION
- 7 The Rights of the Child to an Adequate Standard of Living: Applying International Standards to the U.S. Case
- 8 Achieving Women's Economic Rights, in Policy and in Practice
- 9 Statelessness and Economic and Social Rights
- III META
- Index
- References
Summary
Introduction
In March 2010, representatives to the Commission on the Status of Women gathered in New York to assess the progress that has been made in the achievement of global women's rights. This meeting marked the 15th anniversary of the Fourth World Conference on Women, held in Beijing in 1995. Although the regional reports compiled for this fifteen-year review showed notable progress in some areas, including the development of domestic legislation, there remained a considerable gap in many countries between the de jure and de facto status of women. This was particularly evident in the categories of poverty alleviation and women's economic empowerment. A lack of disaggregated data, combined with context-specific barriers as well as the historical prioritization of civil and political rights, has hindered the process of translating legal respect for women's economic rights into their fulfillment. Through considering the case study of women's employment protections and property rights in Ghana, this chapter illustrates that it is not simply a lack of legal protections that results in rights being left unfulfilled. Local information about the ways that individuals engage with these laws on an everyday basis is essential in implementing human rights-related policies. Legal reforms must be coupled with programs that account for the social, political, and cultural conditions that lead to barriers in rights attainment.
Women's Human Rights: A Brief History
The current state of women's economic rights has its roots in the history of the women's rights movement. Many cite The First World Conference on Women, held in Mexico in 1975, as a starting point for the entrance of women's issues into the international intergovernmental agenda (Friedman 1995). Notably, this conference also marked the start of the United Nations (UN) Decade for Women. Although women had been involved in the UN since its inception, human rights documents had mainly dealt with rights through gender-neutral language. Critics soon acknowledged that this philosophy could, however, be seen as a “double-edged instrument if it is used to punish women for failing to conform to the conventional norms expected of men” (Kaufman and Lindquist 1995, 121).
- Type
- Chapter
- Information
- The State of Economic and Social Human RightsA Global Overview, pp. 204 - 220Publisher: Cambridge University PressPrint publication year: 2013
References
, 1994. A Field of One's Own: Gender and Land Rights in South Asia, Cambridge: Cambridge University Press.Google Scholar
and , 2001. “Land Security and the Poor in Ghana: is there a way forward?” Study for Department for International Development, Commissioned by the Ghana Rural Livelihoods Programme, August.
, 1998. “Measuring Women's Economic and Social Rights Achievement,” Human Rights Quarterly 20(1): 139–172.CrossRefGoogle Scholar
, 2007. “Measuring the Progressive Realization of Economic and Social Rights,” in and (Eds.) Economic Rights: Conceptual, Measurement, and Policy Issues, 165–181, New York: Cambridge University Press.CrossRefGoogle Scholar
, , 2004. Coming to Terms with Sexual Harassment in Ghana, Legon, Ghana: University of Ghana, Institute of Statistical, Social, and Economic Research (ISSER).Google Scholar
, 2006. “Building on Custom: Land Tenure Policy and Economic Development in Ghana,” Yale Human Rights and Development Law Review 9(1): 166–202.Google Scholar
, 2008. “Pluralism in Ghana: The Perils and Promise of Plural Law,” Oregon Review of International Law 10: 391–418.Google Scholar
and , 1996. “Beijing ’95: Moving Women's Human Rights from Margin to Center,” Signs: Journal of Women in Culture and Society 22(1): 200–204.CrossRefGoogle Scholar
, 2000. “Corruption and Other Constraints on the Land Market and Land Administration in Ghana: A Preliminary Investigation,” Ghana.
, 1995. “Monitoring Women's Right to Health Under the International Covenant on Economic, Social and Cultural Rights,” The American University Law Review 44: 1157–1175.Google Scholar
, 1996. “A ‘Violations Approach’ for Monitoring the International Covenant on Economic, Social and Cultural Rights,” Human Rights Quarterly 18(1): 23–66.CrossRefGoogle Scholar
, 2007. “The Status of Efforts to Monitor Economic, Social, and Cultural Rights,” in and (Eds.) Economic Rights: Conceptual, Measurement, and Policy Issues, 143–164, New York: Cambridge University Press.CrossRefGoogle Scholar
, 2010. “Ghana.” Retrieved from .
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). 1979. 1249 U.N.T.S. 13; 19 I.L.M. 33(1980)
, 2004. “Access to Justice and Land Disputes in Ghana's State Courts: The Litigants’ Perspective,” Journal of Legal Pluralism and Unofficial Law 1–28.
and , 2007. “Public Policy and Economic Rights in Ghana and Uganda,” in and (Eds.) Economic Rights: Conceptual, Measurement, and Policy Issues, 325–344, New York: Cambridge University Press.CrossRefGoogle Scholar
, 2009. “A Fifteen-Year Review of the Implementation of the Beijing Platform for Action in Africa (BPfA) +15, from 1995–2009,” Banjul, the Gambia, 1–28.
, 2009. “Regional Review of Progress,” Geneva, Switzerland, 1–20.
, 2009. “Review of the Implementation of the Beijing Declaration and Platform for Action and the Outcome of the Twenty-Third Special Session of the General Assembly in Latin America and Caribbean Countries,” Santiago, Chile, 1–38.
, 2009. “Review of the Implementation of the Beijing Platform for Action in the ESCAP Region,” Bangkok, Thailand, 1–16.
, 2009. “Consolidated Arab Report on the Implementation of the Beijing Platform for Action +15,” Beirut, Lebanon, 1–25.
and , 2000. “NGOs, Social Change, and the Transformation of Human Relationships: A 21st Century Civic Agenda,” Third World Quarterly 21(4): 605–616.CrossRefGoogle Scholar
, , 2003. “Transforming Women's Citizenship Rights Within an Emerging Democratic State: The Case of Ghana,” Gender and Society 17(4): 525–543.CrossRefGoogle Scholar
, , 2008. “Economic Violence to Women and Girls: Is It Receiving the Necessary Attention?” Trauma, Violence, and Abuse 9(3): 167–177.CrossRefGoogle ScholarPubMed
and , 2001. “Promise Unfulfilled: Law, Culture, and Women's Inheritance Rights in Ghana,” Fordham International Law Journal 25: 259–341.Google Scholar
, 1995. “Women's Human Rights: The Emergence of a Movement,” in and (Eds.) Women's Rights, Human Rights: International Feminist Perspective, 18–35, New York: Routledge.Google Scholar
, 2004. “Global Civil Society and the Local Cost of Belonging: Defining Violence Against Women in Russia,” Signs: Journal of Women in Culture and Society 29(3): 815–840.CrossRefGoogle Scholar
and , 2007. “Economic Rights: The Terrain,” in and (Eds.) Economic Rights: Conceptual, Measurement, and Policy Issues, 1–36, New York: Cambridge University Press.CrossRefGoogle Scholar
, 2005. “A Reflection on the Uses and Limits of Western Feminism in a Global Context,” Thomas Jefferson Law Review 28: 423–448.Google Scholar
, 2010. “Human Development Report 2010, The Real Wealth of Nations: Pathways to Human Development,” New York: United Nations Development Programme (UNDP).
, 2000. “Between Culture and Constitution: Evaluating the Cultural Legitimacy of Human Rights in the African State,” Human Rights Quarterly 22: 838–860.CrossRefGoogle Scholar
and , 2001. Land Management in Ghana: Building on Tradition and Modernity, London: International Institute for Environment and Development.Google Scholar
and , 1995. “Critiquing Gender-Neutral Treaty Language: The Convention on the Elimination of All Forms of Discrimination Against Women,” in and (Eds.) Women's Rights, Human Rights: International Feminist Perspective, 18–35, New York: Routledge.Google Scholar
and , 1998. “Family Law in Ghana and its Implications for Women,” in (Ed.) Women and Law in West Africa Situational Analysis of Some Key Issues Affecting Women, 23–61, Ghana: Sedco Publishing.Google Scholar
, 1918. “Revisions of Instructions to Political Officers on Subjects Chiefly Political and Administrative,” in (Ed.) The Principles of Native Administration in Nigeria: Selected Documents, 1900–1947, 68–148, London: Oxford University Press.Google Scholar
, 2006. Human Rights and Gender Violence: Translating International Law into Local Justice, Chicago: University of Chicago Press.Google Scholar
, 1992. “Culture, Law, and Social Policy: Changing the Economic Status of Ghanaian Women,” Yale Journal of International Law 17(1): 225–240.Google Scholar
, 1998. “Feminism, Women's Human Rights and Cultural Difference,” Hypatia 13(2): 32–52.CrossRefGoogle Scholar
, 1995. “Human Rights and the Transition to Democracy Under PNDC in Ghana,” Human Rights Quarterly 17(3): 556–573.CrossRefGoogle Scholar
, 2000. “The Process of Democratisation in Contemporary Ghana.” Commonwealth and Comparative Politics. 38(3): 53--78.CrossRefGoogle Scholar
, 1996. “The Evolutionary Theory of Land Rights as Applied to Sub-Saharan Africa: A Critical Assessment,” Development and Change. 27: 29–86.CrossRefGoogle Scholar
and , 2002. Land, Trees, and Women: Evolution of Land Tenure Institutions in Western Ghana and Sumatra (Research Report 121), Washington, DC: International Food Policy Research.Google Scholar
, 2007. “Custom and the Courts: Ensuring Women's Rights to Land, Jharkhand, India,” Development & Change 38(2): 299–319.CrossRefGoogle Scholar
, 2007. “Liberalisation and the Debates on Women's Access to Land,” Third World Quarterly 28(8): 1479–1500.CrossRefGoogle Scholar
and , 1991. “An Introduction: Law in Colonial Africa,” in and (Eds.) Law in Colonial Africa, 3–60, Portsmouth, NH: Heinemann Educational Books, Inc.Google Scholar
, 2000. “Gender Ideologies and Discursive Practices in Asante,” PoLAR: Political and Legal Anthropology Review 23(2):77–88.CrossRefGoogle Scholar
, 1994. “Women's Human Rights and the 1993 World Conference on Human Rights,” American Journal of International Law 88: 152–167.CrossRefGoogle Scholar
, 2007. “Government Respect for Women's Economics Rights: Across-National analysis, 1981–2003,” in and (Eds.) Economic Rights: Conceptual, Measurement, and Policy Issues, 233–266, New York: Cambridge University Press.CrossRefGoogle Scholar
, 2009. “Self-Help, Policing, and Procedural Justice: Ghanaian Vigilantism and the Rule of Law,” Law and Society Review 43(2): 245–270.CrossRefGoogle Scholar
, 2003. “National Constitutions and Human Rights Issues in Africa,” African and Asian Studies 2(2): 101–135.CrossRefGoogle Scholar
, 2010. “Comprehensive Proposal for the Composite Entity for Gender Equality and the Empowerment of Women, Report of the Secretary-General (A/64/588),” New York: UN.
, 2011. “New UN Women's Body Plans to Reinforce Presence at Country Level.” Retrieved from
, 2009. “Who Answers to Women?: Gender and Accountability: Progress of the World's Women 2008/2009,” New York: UN, 1–152.
, 2008. “Men are Poor, but Women are Poorer: Gendered Poverty and Survival Strategies in the Dangme West District of Ghana,” Norwegian Journal of Geography 62: 161–170.Google Scholar