Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-06T08:23:14.324Z Has data issue: false hasContentIssue false
  • English
  • Français

From social welfare to human rights for girls – a path to achieving gender equality

Published online by Cambridge University Press:  23 December 2014

Savitri Goonesekere
Savitri Goonesekere*
Affiliation:
Emeritus Professor of Law, University of Colombo, Sri Lanka. Email: [email protected].
*
[email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

Despite international and national human rights norms and standards, gender equality remains a goal in most countries. The recent discourse on substantive equality as a strategy for addressing the gender discrimination, disadvantage and deep-rooted social biases has reinforced the importance of working towards indivisible human rights for girls and women under CRC and CEDAW. This paper uses international and comparative national experiences on law and policy to argue that the failure to adopt an indivisibility of rights approach in relation to girl children has made it more difficult to achieve a norm of substantive equality for women. It is argued that the adoption of an intergenerational and rights-based, rather than a social welfare approach, is a necessary step to achieving substantive equality for women.

Type
Research Article
Information
International Journal of Law in Context , Volume 10 , Issue 4 , December 2014 , pp. 478 - 493
Copyright
Copyright © Cambridge University Press 2014 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Ali, S. Sardar (ed.) (2006) Conceptualising Islamic Law: CEDAW and Women's Human Rights in Plural Legal Settings. New Delhi: UNIFEM South Asia Regional Office.Google Scholar
Alston, Phillip and Robinson, M. (eds) (2005) Human Rights and Development. Oxford: Oxford University Press.Google Scholar
Balakrishna, R. and Elson, Diane (2011) Economic Policy and Human Rights. New York & London: Zed Books.Google Scholar
Banda, Farida (2012) ‘Art 10’, In Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of all Forms of Discrimination against Women: A Commentary Oxford: Oxford University Press, 253–278.Google Scholar
Beninger-Budel, C. and Lacroix, A. L. (1999) Violence against Women: A Report. Geneva: World Organisation against Torture.Google Scholar
Byrnes, Andrew (2012) ‘Art.1’, In Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary. Oxford: Oxford University Press, 51–70.Google Scholar
Chinkin, C. (2012) ‘Violence against Women’, In Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary. Oxford: Oxford University Press, 443–474.Google Scholar
Cook, Rebecca J. and Cusack, S. (2010) Gender Stereotyping. Philadelphia: University of Pennsylvania Press.Google Scholar
Facio, A. and Morgan, M. (2008–2009) ‘Equity or Equality for Women? Understanding CEDAW's Equality Principles’, Alabama Law Review 60: 1133–1170.Google Scholar
Facio, A. and Morgan, M. (2009) Equity or Equality for Women? Understanding CEDAW's Equality Principles. IWRAW Asia Pacific Occasional Paper Series No. 14.Google Scholar
Fredman, Sandra (2011) ‘Substantive Equality for Women’, in Jaising, I. (ed.), Elusive Equality. New Delhi: Women Unlimited, 14–30.Google Scholar
Freeman, Marsha A. (2012) ‘Art 16’, In Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary. Oxford: Oxford University Press, 409–442.Google Scholar
Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary. Oxford: Oxford University Press.Google Scholar
Gauri, V. and Brinks, M. (eds) (2008) Courting Social Justice. New York: Cambridge University Press.Google Scholar
Goonesekere, Savitri (1999) ‘Women's Rights and Children's Rights.’ Innocenti Occasional Papers, Child Rights Series Number 1 Florence UNICEF International Child Development Centre.Google Scholar
Goonesekere, Savitri (2007) ‘Universalising Women's Human Rights through CEDAW’, In Schop-Schilling, H. B. and Flinterman, C. (eds), The Circle of Empowerment. New York: Feminist Press, 52–67.Google Scholar
Goonesekere, Savitri (2011) ‘The Concept of Substantive Equality and Gender Justice in South Asia’, in Jaisingh, I. (ed.), Elusive Equality. New Delhi: Women Unlimited, 31–39.Google Scholar
Goonesekere, Savitri (2012) ‘Art 9’ and ‘Art 15’, In Freeman, Marsha A., Chinkin, Christine and Rudolf, Beate (eds), The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary. Oxford: Oxford University Press, 233–351; 387–407.Google Scholar
Goonesekere, Savitri and de Alwis, Rangita de Silva (2005) Women's and Children's Rights in a Human Rights Based Approach to Development. New York: UNICEF Division of Policy Planning, 1–43.Google Scholar
Jaisingh, I. (ed.) (2011) Elusive Equality. New Delhi: Women Unlimited.Google Scholar
Johnson, Robert (2010) ‘The Child's Right to Education: Consensus – Minus One?’, International Journal of Children's Rights 18: 185–195.Google Scholar
Thero, Piyadassi (1975) Vasala Sutta. Colombo: Sri Lanka Union Printing Works.Google Scholar
Price Cohen, Cynthia (1997) ‘The United Nations Convention on the Rights of the Child: A Feminist Landmark’, William and Mary Journal of Women and Law 3: 29–78.Google Scholar
Pylee, M. V. (2006) Constitutions of the World, 3rd edn.New Delhi. Universal Law Publishing Company.Google Scholar
Raday, Frances (2007) ‘Culture, Religion and CEDAW's Article 5 (a)’, In Schop-Schilling, H. B. and Flinterman, C. (eds), The Circle of Empowerment. New York: Feminist Press, 68–85.Google Scholar
Symonides, J. (ed.) (2002) Human Rights, Concepts and Standards. Jaipur: Rawat Publications.Google Scholar
Todres, J. (2003–2004) ‘Women's Rights and Children's Rights’, Cardozo Women's Law Journal 10: 603–624.Google Scholar
Un Women (2011) Progress of the World's Women 2011–2012: ‘In Pursuit of Justice’, online: <http://progress.unwomen.org>..' href=https://scholar.google.com/scholar?q=Un+Women+(2011)+Progress+of+the+World's+Women+2011–2012:+‘In+Pursuit+of+Justice’,+online:+.>Google Scholar
Wang, Feng (2011) ‘The End of “Growth with Equity?” Economic Growth and Income Inequality in East Asia’, East West Centre Asia Pacific Issues 101.Google Scholar