The Impact of the Convention on the Elimination of All Forms of Discrimination against Women on the Domestic Legislation in Egypt PDF Download
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Author: Nora Salem
Publisher: BRILL
ISBN: 9004346848
Category : Law
Languages : en
Pages : 242
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Book Description
By virtue of ratifying the Women’s Convention, Egypt is internationally obliged to eliminate gender discrimination in its domestic legislation. Yet, women in Egypt face various forms of discrimination. This may legally be justified through Sharia-based reservations, which many Muslim-majority countries enter to human rights treaties to evade an obligation of implementation where Human Rights run counter to Sharia. This book examines the compatibility of Sharia-based reservations with international law and identifies discrepancies between Sharia and domestic law in order to determine rights Egyptian women are entitled to according to Sharia, and yet denied under Egyptian law. Account is moreover given to Egypt’s implementation efforts in the non-reserved areas of law. To this end, Egypt’s 2014 Constitution and four areas of statutory law are examined as case studies, namely, female genital mutilation; human trafficking; nationality; and labor law.
Author: Nora Salem
Publisher: BRILL
ISBN: 9004346848
Category : Law
Languages : en
Pages : 242
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Book Description
By virtue of ratifying the Women’s Convention, Egypt is internationally obliged to eliminate gender discrimination in its domestic legislation. Yet, women in Egypt face various forms of discrimination. This may legally be justified through Sharia-based reservations, which many Muslim-majority countries enter to human rights treaties to evade an obligation of implementation where Human Rights run counter to Sharia. This book examines the compatibility of Sharia-based reservations with international law and identifies discrepancies between Sharia and domestic law in order to determine rights Egyptian women are entitled to according to Sharia, and yet denied under Egyptian law. Account is moreover given to Egypt’s implementation efforts in the non-reserved areas of law. To this end, Egypt’s 2014 Constitution and four areas of statutory law are examined as case studies, namely, female genital mutilation; human trafficking; nationality; and labor law.
Author: Christof Heyns
Publisher: BRILL
ISBN: 9004377654
Category : Law
Languages : en
Pages : 1397
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Book Description
This collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.
Author: Adrien K. Wing
Publisher: Cambridge University Press
ISBN: 1009351141
Category : Law
Languages : en
Pages : 445
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Book Description
The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.
Author: Patricia Schulz
Publisher: Oxford University Press
ISBN: 0192677284
Category : Law
Languages : en
Pages : 1116
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Book Description
This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Author: Federico Lorenzo Ramaioli
Publisher: Springer Nature
ISBN: 3031378369
Category : Comparative law
Languages : en
Pages : 304
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Book Description
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharī ʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer,presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea
Author: Inter-parliamentary Union
Publisher: UN
ISBN:
Category : Law
Languages : en
Pages : 126
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Book Description
The Convention was adopted by the UN's General Assembly in 1979 and entered into force in 1981. It amplifies some of the existing provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Its provisions include obligations for states to pursue policies for eliminating discrimination against women in the areas of government, nationality, access to education and employment opportunities, health care and equality before the law. As of December 2002, the Convention had 170 ratifications.
Author: Marsha A. Freeman
Publisher: Oxford University Press
ISBN: 0199565066
Category : Law
Languages : en
Pages : 790
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Book Description
This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.
Author: OECD
Publisher: OECD Publishing
ISBN: 9264279326
Category :
Languages : en
Pages : 154
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Book Description
In the MENA region, women make up more than half of the eligible workforce. They are increasingly better educated and aspire to play a more active role in the economy. However, women’s labour force and entrepreneurial participation rates remain among the lowest in the world.
Author: Sanja Kelly
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203978
Category : Political Science
Languages : en
Pages : 606
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Book Description
Freedom HouseOs innovative publication WomenOs Rights in the Middle East and North Africa: Progress Amid Resistance analyzes the status of women in the region, with a special focus on the gains and setbacks for womenOs rights since the first edition was released in 2005. The study presents a comparative evaluation of conditions for women in 17 countries and one territory: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine (Palestinian Authority and Israeli-Occupied Territories), Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. The publication identifies the causes and consequences of gender inequality in the Middle East, and provides concrete recommendations for national and international policymakers and implementers. Freedom House is an independent nongovernmental organization that supports democratic change, monitors freedom, and advocates for democracy and human rights. The project has been embraced as a resource not only by international players like the United Nations and the World Bank, but also by regional womenOs rights organizations, individual activists, scholars, and governments worldwide. WomenOs rights in each country are assessed in five key areas: (1) Nondiscrimination and Access to Justice; (2) Autonomy, Security, and Freedom of the Person; (3) Economic Rights and Equal Opportunity; (4) Political Rights and Civic Voice; and (5) Social and Cultural Rights. The methodology is based on the Universal Declaration of Human Rights, and the study results are presented through a set of numerical scores and analytical narrative reports.
Author: Jasmine Moussa
Publisher: BRILL
ISBN: 9004203109
Category : Law
Languages : en
Pages : 320
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Book Description
The debate surrounding women’s family rights under Sharī’a-derived law has long been held captive to the competing fundamentalisms of universalism and cultural relativism. These two conflicting perspectives fail to promote practical tools through which such laws can be reformed, without prejudice to their religious nature. This book examines the development of Egypt’s Sharī’a-derived family law, and its compatibility with international obligations to eliminate discrimination against women. It highlights the interplay between domestic reform processes, grounded in the tools of takhayyur, talfiq and ijtihad, and international institutions and mechanisms. In attempting to reconcile these two seemingly dissonant value systems, this book underscores the shortcomings of Egypt’s legislation, proposes particular reforms, while simultaneously presenting alternatives to insular interpretations of international women’s rights law.
