ABSTRACT

The last two decades have seen major advances in the legal protection of the human rights of women around the world. A series of international and national court cases has developed an important body of jurisprudence that has been relied on by courts and advocates in many countries to support women's claims for equality and the full enjoyment of human rights and fundamental freedoms.

Growing out of a series of judicial colloquia organized by the Commonwealth Secretariat, this compilation brings together a selection of over fifty significant cases from international and national courts. The cases are grouped by theme and presented in full text or edited format. Together they highlight the way in which courts have used international human rights norms and national constitutional standards to contribute to women's equality. A detailed introduction provides a summary of the significance of the cases and references further material available on women's human rights.

Cases decided under United Nations human rights treaties, the European and American Conventions on Human Rights and other international instruments, as well as cases decided by national courts in Asia, Africa, Europe, Australasia, and North America are all included.  The compilation will be of interest to all those with an interest in the advancement of the human rights of women especially equality advocates, lawyers and judges, scholars and students.

 

part |64 pages

Use of International Norms by National Courts

chapter |8 pages

Minister of Home Affairs and Another v Fisher and Another

Privy Council (Appeal from the Court Of Appeal for Bermuda)

chapter |9 pages

Vishaka and Others v State of Rajasthan and Others

Supreme Court of India

chapter |13 pages

Longwe v Intercontinental Hotels

High Court of Zambia

part |54 pages

State Responsibility Under International Law for Violations of the Human Rights of Women

chapter |14 pages

Airey v Ireland

European Court of Human Rights

chapter |10 pages

X and Y v the Netherlands

European Court of Human Rights

chapter |28 pages

Velásquez Rodriguez v Honduras

Inter-American Court of Human Rights

part |58 pages

Concepts of Discrimination

chapter |27 pages

Andrews v Law Society of British Columbia

Supreme Court of Canada

chapter |11 pages

Re Municipal Officers' Association of Australia and Another

Australian Industrial Relations Commission

chapter |18 pages

Kalanke v Freie Hansestadt Bremen

European Court of Justice

part |81 pages

Rights Relating to Marriage

chapter |5 pages

Ghaled v United Arab Emirates

Working Group on Arbitrary Detention of the United Nations Commission on Human Rights

chapter |19 pages

Humaira Mehmood v Sho North Cantt Lahore and Others

High Court Pakistan

chapter |14 pages

As v Sweden

United Nations Committee Against Torture

chapter |5 pages

Ato Del Avellanal v Peru

United Nations Human Rights Committee

chapter |23 pages

Morales de Sierra v Guatemala

Inter-American Commission on Human Rights

chapter |13 pages

Mohammad Ahmed Khan v Shah Bano

Supreme Court of India

part |12 pages

Rights as a Member of a Minority

chapter |10 pages

Lovelace v Canada

United Nations Human Rights Committee

part |77 pages

Right to Respect for Family Life

chapter |23 pages

Marckx v Belgium

European Court of Human Rights

chapter |28 pages

Johnston and Others v Ireland European

European Court of Human Rights

chapter |16 pages

Kroon and Others v the Netherlands

European Court of Human Rights

chapter |8 pages

Nawakwi v Attorney General of Zambia

High Court of Zambia

part |61 pages

Reproductive Rights

chapter |10 pages

Paton v United Kingdom European Commission of Human Rights

European Commission of Human Rights

chapter |14 pages

Brüggemann and Scheuten v Federal Republic of Germany

European Commission of Human Rights

chapter |35 pages

Open Door Counselling Ltd and Dublin Well Woman Centre Ltd v Ireland

European Court of Human Rights

part |88 pages

Rights to Equality and Nondiscrimination in Employment

chapter |8 pages

Brown v Rentokil

European Court of Justice

chapter |18 pages

Brooks and Others v Canada Safeway Limited

Supreme Court of Canada

chapter |5 pages

Abdoulaye and Others v Régie Nationale des Usines Renault SA

European Court of Justice

chapter |24 pages

Janzen and Govereau v Platy Enterprises Ltd

Supreme Court of Canada

chapter |17 pages

H v E

Equal Opportunities Tribunal, New Zealand

part |52 pages

Right to Equality in the Enjoyment of Other Economic and Social Rights and Access to Economic Resources

chapter |10 pages

Zwaan de Vries v the Netherlands

United Nations Human Rights Committee

chapter |10 pages

Vos v The Netherlands

United Nations Human Rights Committee

chapter |17 pages

Schuler-Zgraggen v Switzerland

European Court of Human Rights

chapter |13 pages

Ephrahim v Pastory and Kaizilege

High Court of Tanzania

part |137 pages

Equality and Non-Discrimination in Relation to Citizenship, Nationality and Immigration

chapter |19 pages

Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica

Inter-American Commission of Human Rights

chapter |36 pages

Attorney General of Botswana v Unity Dow

Court of Appeal, Botswana

chapter |10 pages

Aumeeruddy-Cziffra and Others v Mauritius

United Nations Human Rights Committee

chapter |32 pages

Abdulaziz, Cabales and Balkandali v United Kingdom

European Court of Human Rights

chapter |9 pages

Rattigan and Others v the Chief Immigration Officer and Others

Supreme Court of Zimbabwe

chapter |5 pages

Salem v Chief Immigration Officer and Another

Supreme Court of Zimbabwe

part |71 pages

Right Not to be Subjected to Violence

chapter |10 pages

R v R (Rape: Marital Exemption)

House of Lords

chapter |6 pages

State v D and Another

High Court of Namibia

chapter |6 pages

Safia Bibi v State

Federal Shariat Court of Pakistan

chapter |27 pages

Mejía and Another v Peru

Inter-American Commission on Human Rights

chapter |20 pages

Fernandes v Brazil

Inter-American Commission on Human Rights