LW918-7-SP-CO:
Human Rights and Women

The details
2019/20
Law (School of)
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2020
Friday 20 March 2020
15
16 September 2019

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

This Module aims to examine how international human rights law does and does not adequately protect and promote the human rights of women and girls. In order to do this we will first examine the gendered nature of the law in general and how gender bias inherent in all legal systems transfers into laws that reinforce said bias and how this affects the experience of women and men. We will examine how feminisms have sought to illuminate gender bias in the law and to what degree they have been successful.
We will then turn our attention to international law and examine how a feminist critique explains how patriarchal structures present domestically manage to replicate themselves internationally. We will finally move on to examine how and why international human rights law also suffers from a bias against women and evaluate the efforts made to correct this bias.

Module aims

Throughout the Module our analysis will be intersectional, meaning that we will take into account the multiple and compounded discrimination that women face because of their many different identities, including race, religion, sexual orientation, age, etc.
Following the initial analysis of gender and the law, we will turn our attention to three areas where the protection of women’s rights is of paramount importance: discrimination, violence and sexual and reproductive rights. We will apply the theory studied in the first part of this Module to critically evaluate the state of legal protection of women’s rights. We will also study case law that illuminates how, in each area of concern, the law and those applying it do or do not address gender bias and what is the result for women’s rights.

Finally, the Module will briefly examine how gender theory and its methodologies can be useful to those seeking to better the protection of LGBTQ rights.

Module learning outcomes

Students will gain a preliminary understanding of gender theory and of the feminist critique of domestic and international law (ii) Students will learn about intersectional theory and how sex and gender interact with other structures of oppression such as race, class, sexual orientation, gender identity, immigration status, etc. (ii) Students will develop the analytical and critical skills needed to uncover the patriarchal reasoning embedded in the law (v) Students will develop an understanding of how feminists have employed legal and political strategies to counter patriarchal bias; (vi) Students will explore how feminist critiques and strategies can and cannot be used to counter cisgender-heterosexist bias against LGBTI people.

Module information

Topics covered:

• Introduction: Feminisms, Gender and the Law (I): What is the patriarchy? How does it work? Why can’t I see it?
• Feminisms; Gender and the Law (II): Intersectionality. What’s wrong with White Feminism?
• International Human Rights Law and Women: Institutions, Law, Mechanisms, Critique.
• Equality and Non-Discrimination (I).
• Equality and Non-Discrimination (II).
• Violence against Women (I): Domestic Violence, Rape and Sexual Violence.
• Violence against Women (II): Genocide, Crimes against Humanity, War Crimes.
• Sexual and Reproductive Rights.
• Sexualities and Gender Identities: Can Gender Theory Inform the Protection of LGBTQ Rights?

Learning and teaching methods

The module is taught through weekly, two-hour seminars over the course of the spring term. It is expected that students will prepare adequately for class to facilitate in-depth discussion of the subject matter.

Bibliography

  • Rebecca J. Cook; Bernard M. Dickens; Mahmoud F. Fathalla. (2003) Reproductive health and human rights: integrating medicine, ethics, and law, Oxford: Clarendon Press.
  • Askin, K. D. (2003) 'Prosecuting Wartime Rape and Other Gender-Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles', in Berkeley Journal of International Law. (2)
  • Catharine A. MacKinnon. (2006) Are women human?: and other international dialogues, Cambridge, MA: Belknap Press of Harvard University Press.
  • Catharine A. MacKinnon. (1989) Toward a feminist theory of the state, Cambridge, MA: Harvard University Press.
  • (no date) Inter-Am Ct HR, Gonzalez et al v. Mexico (The Case of the Cotton Field).
  • Nicola Lacey. (2004) 'Feminist Legal Theory and the Rights of Women', in Gender and human rights, Oxford: Oxford University Press., pp.13-30
  • Danuta Kean. (2017) 'Chimamanda Ngozi Adichie clarifies transgender comments as backlash grows', in The Guardian.
  • Rebecca Pearse. (2015) 'The question of gender', in Gender: in world perspective, Cambridge: Polity., pp.9-13
  • Hilary Charlesworth; C. M. Chinkin. (2000) The boundaries of international law: a feminist analysis, Manchester: Manchester University Press.
  • VO v. FRANCE, https://hudoc.echr.coe.int/eng#{"itemid":["001-61887"]}
  • Rhonda Copelon. (1994) 'Intimate Terror: Understanding Domestic Violence as Torture', in Human rights of women: national and international perspectives, Philadelphia, PA: University of Pennsylvania Press., pp.116-152
  • Philip Oltermann. (2017) 'Austria to ban full-face veil in public', in The Guardian.
  • M.C. v Bulgaria | Casebriefs, https://www.casebriefs.com/blog/law/criminal-law/criminal-law-keyed-to-kadish/homicide/m-c-v-bulgaria/
  • Carol Cohn. (2013) Women and wars, Cambridge: Polity Press.
  • Dianne Otto. (2014) 'Between Pleasure and Danger: Lesbian Human Rights', in European Human Rights Law Review. (6) , pp.618-628
  • V.C. v. SLOVAKIA, https://hudoc.echr.coe.int/eng#{"itemid":["001-107364"]}
  • How Rites of Passage Shape Masculinity, https://www.nationalgeographic.com/magazine/2017/01/how-rites-of-passage-shape-masculinity-gender/
  • bell hooks. (1983) Ain't I a woman: black women and feminism, London: Pluto Press.
  • Refworld | Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2001/49: Cultural practices in the family that are violent towards women, https://www.refworld.org/docid/3d6ce3cc0.html
  • Refworld | Yogyakarta Principles - Principles on the application of international human rights law in relation to sexual orientation and gender identity, https://www.refworld.org/docid/48244e602.html
  • Wackenheim v. France. University of Minnesota Human Rights Library, http://hrlibrary.umn.edu/undocs/854-1999.html
  • (no date) Advice She Didn't Ask For | Full Frontal with Samantha Bee | TBS.
  • Audre Lorde. (2007) Sister outsider: essays and speeches, Berkeley, CA: Crossing Press.
  • Catharine A. MacKinnon. (1993) 'Comment: "Theory is Not a Luxury"', in Studies in Transnational Legal Policy. (25) , pp.83-92
  • Gender specific toys: do you stereotype children?, https://www.bbc.co.uk/news/av/magazine-40936719/gender-specific-toys-do-you-stereotype-children
  • Catharine A. MacKinnon. (2005) Women's lives, men's laws, Cambridge, MA: Belknap Press of Harvard University Press.
  • Hilary Charlesworth; Christine Chinkin; Shelley Wright. (1991) 'Feminist Approaches to International Law', in The American Journal of International Law. vol. 85 (4) , pp.613-645
  • Ruth Seifert. (1996) 'The second front', in Women's Studies International Forum. vol. 19 (1-2) , pp.35-43
  • Beate Rudolf; Marsha A. Freeman; C. M. Chinkin. (2012) The UN Convention on the Elimination of all Forms of Discrimination against Women: a commentary, Oxford: Oxford University Press.
  • Patricia Hill Collins. (2000) Black feminist thought: knowledge, consciousness, and the politics of empowerment, New York, NY: Routledge.
  • Rebecca J. Cook; Simone Cusack. (2010) Gender stereotyping: transnational legal perspectives, Philadelphia, PA: University of Pennsylvania Press.
  • Kimberle Crenshaw. (1989) 'Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics', in The University of Chicago legal forum. (1) , pp.139-168
  • Martha Minow. (2016) 'Gender and the Body', in Feminist legal theory: a primer, New York, NY: New York University Press., pp.131-170
  • Suzanne Goldenberg. (2005) 'Why women are poor at science, by Harvard president', in The Guardian.
  • Women’s March on Washington Opens Contentious Dialogues About Race, https://www.nytimes.com/2017/01/09/us/womens-march-on-washington-opens-contentious-dialogues-about-race.html?_r=0
  • Rhonda Copelon. (1994) 'Surfacing Gender: Re-Engraving Crimes against Women in Humanitarian Law', in Hastings Women's Law Journal. (2)
  • M. O'Flaherty; J. Fisher. (2008) 'Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles', in Human Rights Law Review. vol. 8 (2) , pp.207-248
  • (no date) Dominique Christina - "The Period Poem".
  • Henrika S. Vos v. The Netherlands, http://hrlibrary.umn.edu/undocs/session35/218-1986.html
  • Rebecca J. Cook. (1994) 'Women's International Human Rights Law: The Way Forward', in Human rights of women: national and international perspectives, Philadelphia, PA: University of Pennsylvania Press., pp.3-36
  • Catharine A. MacKinnon. (1987) Feminism unmodified: discourses on life and law, Cambridge, MA: Harvard University Press.

The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Patricia Palacios Zuloaga
lawpgtadmin@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Prof Julia Shaw
De Montfort University
Professor of Law
Resources
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Law (School of)

Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements, industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules. The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.

The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.