The following reading list is common for the courses taught at bachelor’s and master’s level. Note that there are different achievement requirements:
- Master’s level (15 credits): A good understanding is required
- Bachelor’s level (10 credits): A general understanding is required
Course content
This course presents the international legal framework for women's human rights with emphasis on basic principles such as equality, non-discrimination, freedom, integrity and dignity embedded in the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The non-discrimination principle is elaborated in the light of the CEDAW, the Convention on Civil and Political Rights, EU-directives and the Protocol to the African Charter on the Rights of African Women. The non-discrimination principle is substantiated through a focus on the right to work, the right to health , the right to education and the right to land. Taking a cross-cut through civil and political and social and economic human rights the course deals with the protection against violence in criminal law, housing law and asylum law. The indivisibility of human rights is demonstrated through the right to health, food, land and water. The relationship between different human rights principles, such as gender equality, freedom of religion and protection of custom and culture is given particular attention. Rather than concentrating on the laws of one country the course offers case studies from Europe, Africa and Asia. The case studies demonstrates how international human rights law is translated into national and local law. Studies of local water management practices in Zimbabwe, shariah councils in Britain and attempts of abolishing FGM among Norwegian immigrants provides empirical insight into the relationship between human rights and legal pluralism. The case studies constitute the departure point for a broader theoretical understanding of gender, human rights, multiculturalism and legal pluralism.
Requirements
Achievement requirements for master’s level (15 credits):
A thorough understanding of the following topics dealt with in the main literature:
- The concept of equality and non-discrimination embedded in the UN Convention on the Elimination of All Forms of Discrimination against Women and related instruments such as the Covenant on Civil and Political Rights, the European Convention on Human Rights, the European Unity Treaty and The African Charter on Human and People's Rights.
- The right to equality and non-discrimination in relation to employment, reproductive health, education, land and water.
- The protection of women’s integrity in relation to public and private violence in CEDAW, the Convention on Social and Economic Rights and the Refugee Convention.
- Sources and principles of the interpretation of human rights
- The implementation and monitoring of the Women's Convention. The composition and competence of the CEDAW Committee, its strengths and weaknesses.
- Legal, social and cultural processes of transformation of human rights at national and local level.
- Legal, feminist and socio-legal theory on the relationship between human rights, gender, multiculturalism and legal pluralism.
An understanding of the following topics that are dealt with in the background literature:
- Women’s law as a legal discipline
- The way in which the Women's Convention has been implemented in selected European, African and Asian countries
Achievement requirements for bachelor's level (10 credits):
A general understanding of the following topics that are dealt with in the main literature
- The concept of equality and non-discrimination embedded in the UN Convention on the Elimination of All Forms of Discrimination against Women and related instruments such as the Covenant on Civil and Political Rights, the European Convention on Human Rights, the European Unity Treaty and The African Charter on Human and People's Rights.
- The right to equality and non-discrimination in relation to employment, reproductive health, education, land and water.
- The protection of women’s integrity in relation to public and private violence in CEDAW, the Convention on Social and Economic Rights and the Refugee Convention.
- Sources and principles of the interpretation of human rights
- The implementation and monitoring of the Women's Convention. The composition and competence of the CEDAW Committee, its strengths and weaknesses.
- Legal, social and cultural processes of transformation of human rights at national and local level.
- Legal, feminist and socio-legal theory on the relationship between human rights, gender, multiculturalism and legal pluralism.
Literature
Main Literature (450p)
The assigned articles/book chapters of main literature are compiled in Compendium. Women's Law and Human Rights. Selected Articles. Part I and II 2006 (For sale in Academica Bookshop)
The Convention on the Elimination of All Forms of Discrimination Against Women and Related Instruments
Byrnes, Andrew, "The Convention on the Elimination of All Forms of Discrimination Against Women", in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books, pp. 119-173.
Cook, Rebecca "State Accountability Under the Convention on the Elimination of All Forms of Discrimination Against Women ", in Cook, Rebecca (ed.) The Human Rights of Women. University of Pennsylvania Press 1994 pp. 228- 257.
Raday, Frances, “Culture, Religion and Gender”, International Journal of Constitutional Law, Vol.1 No.4 pp 663-695.
Banda, Fareda, End of ‘Culture’? African Women and Human Rights, in Murrison, Griffths and King (eds) Remaking Law in Africa. Transnationalism Persons and Rights. University of Edinburgh, 115-137.
The Concept of Non-discrimination
Nowak, Manfred, "The prohibition of Gender-specific Discrimination under the International Covenant on Civil and Political Rights", in Human Rights of Women, International Instruments and African Experiences. Wolfgang Bendek et.al. ZED Books, pp. 105-119.
Fredman, Sandra "Providing Equality: Substantive Equality and the Positive Duty to Provide" in South African Journal on Human Rights 21 163 – 190.
Nielsen, Ruth, EU Law and Multiple Discrimination pp.1-27. CBS Paper
Hodges-Aeberhard, J. "Affirmative Action in Employment: Recent Court Approaches to a difficult Concept", in International Labour Review No. 138 No 3 pp. 247- 250 and 256-260.
The indivisibility of human rights, substantive issues
Radhika, Coomaraswamy and Lisa M. Kois , "Violence Against Women", in Women and International Human Rights Law, Vol 1 Kelly D. Askin and Dorean M. Koenig (eds) pp.177-207.
Giulia, Paglione, "Domestic Violence and Housing Rights", in Human Rights Quarterly, 28, 121-147.
Cook, R, B., Dickens and M. Fathalla, 2003, Reproductive health and human rights, Oxford: Clarendon Press. Rights relating to Reproductive and Sexual Health pp154-179
Hellum, Anne and Anne Lene Staib Knudsen, From Human Development to Human Rights: A Southern African Perspective on Women’s and Girls’ Right to Reproductive Choice. Forum For Development Studies No. 1-2006 pp 53-77.
Ikdahl, I. with A. Hellum, R. Kårhus and T. A. Benjaminsen (2005) "Women’s Land Rights, A Human Rights Based Approach", in Human Rights, Formalisation and Women’s Land Rights in Southern and Eastern Africa. Studies in Women’s Law No. 57, University of Oslo. pp 14-29
From international to national and local level
Bailliet, Cecilia, "Examining Sexual Violence in the Military within the Context of Eritrean Asylum Claims presented in Norway" (30 pages)
Thune, Hillestad, "New fellow citizens – new challenges – new possibilities on implementing human rights among immigrants illustrated by work against female circumcision in Norway", in Hellum et al (eds) Paths are Made by Walking. Human Rights Intersecting Plural Legalities and Gendered Realities, Weaver Press, 2006.
Ali, Shaheen Sardar, "Interpretative Strategies for Women’s Human Rights in a Plural Legal Framework: Exploring Judicial and State Responses to Hudood Laws in Pakistan", in Hellum et al (eds) Paths are Made by Walking. Human Rights Intersecting Plural Legalities and Gendered Realities, Weaver Press, 2006. 25 pages
Stewart, Julie "I can’t go to School Today", in Hellum et al (eds) Paths are Made by Walking. Human Rights Intersecting Plural Legalities and Gendered Realities, Weaver Press. 25 pages
Hellum, Anne, "The Indivisibility of Water, Land and Food" in Local, National and Human Rights Law: The Case of Women’s Gardens in Mhondoro, Zimbabwe," in Food and Human Rights in Development Vol.II_, Wenche Barth Eide and Uwe Kracht (eds), Intersentia. 25 pages
Women's Human Rights and Legal Pluralism
Okin, Susan Moller, "Is Multiculturalism Bad for Women?" in Is Multiculturalism Bad for Women?, Cohen, Howard and Nussbaum eds.1999, Princeton University Press pp. 7-27.
Hellum, Anne, "Women's Human Rights and African Customary Laws: Between Universalism and Relativism - Individualism and Communitarianism", in European Journal of Development Studies No. 3 1998. pp. 88-104.
Samia Bano, "Complexity, Difference and 'Muslim Personal Law': Rethinking the Relationship between Shariah Councils and South Asian Muslim Women in Britain" in Formalising Shariah Councils. Doctoral thesis, University of Warwick, Department of Law 2004. pp. 260-267.
Engle Merry, Sally, "Women, Violence and the Human Rights System", in Women, Gender and Human Rights. A Global Perspective. Majorie Agosin (ed), Rutgers University Press. pp. 83-98.
Merry, S. E. (2005 ) Human Rights and Gender Violence. Translating international law into local justice. The University of Chicago Press. Chicago and London. pp 179-192 , 215-217
Background Literature:(200 p)
Compiled in Compendium III Introductory and Background Literature Women's Law and Human Rights. (Made available at the Institute of Women’s Law)
Scandinavia/Norway:
Dahl, Tove Stang, "Taking Women as Starting Point" Working Papers in Women's Law No. 4. Department of Public and International Law, UiO. pp. 1-14.
Hellum, Anne, "Women’s Law: Discipline Development and Institution Building: The Case of Women’s Law at the University of Oslo", In Rubya Mehdi (ed) Women’s Law in Legal Education and Practice in Pakistan. North South Co-operation. Copenhagen: New Social Science Monograph 1997 pp. 78-94
Ketscher, Kirsten, "From Marriage Contract to Labour Contract: Effect on Care Duties and Care Rights" in Kevat Nousiainen et al (eds) Responsible Selves. Women in the Nordic Legal Culture, Darmouth: Ashgate 2001 pp. 155-173.
Norway's 6th Periodic Report to CEDAW CEDAW's Consideration of Norway's 6th Report
Pakistan:
Arif, Kamran and Shaheen Sardar Ali, "Parallell Judicial Systems in Pakistan and Consequences for Human Rights", in Shaping Women's Lives (ed Shaheed et al) , Shirkat Gah 1998. pp. 29-59.
Shaheen Sardar Ali, "Is and Adult Muslim Woman Sui Juris? Some Reflections on the Concept of Consent in Marriage Without a Wali (With Reference to the Saima Waheed Case", in Yearbook of Islamic Law pp. 156-173.
Southern Africa:
Alberthyn, Cathy, "Defending and Securing Rights through Law: Feminism, Law and the Courts in South Africa", Politikon (November 2005), 32(2), 217-237.
Banda, Fareda ,Global Standards: Local Values. International Journal of Law, Policy and the Family (2003), 1-27.
Julie Stewart and Amy Tsanga, "The widow’s and female child’s portion: The twisted path to partial equality for widows and daughters under customary law in Zimbabwe", in Hellum et al (eds) Paths are Made by Walking. Human Rights Intersecting Plural Legalities and Gendered Realities, Weaver Press 2006.
Source Material:
Compiled in Compendium of Legal Texts, Cases and Reports ( made available at the Institute of Women’s Law)
General Recommendations of UN Treaty Bodies:
General Recommendations made by the Committee on the Elimination of All Forms of Discrimination Against Women (1986-2007).
Human Rights Committee, General Comment 28, Equality between men and women.
Committee on Economic, Social and Cultural Rights. General Recommendation. General Comment No.16, Article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights.
Committee on the Elimination of Racial Discrimination. Recommendation XXV on gender related dimensions of racial discrimination.
The Right to the Highest Attainable Standard of Health, General Comment No. 14 of the Committee on Economic, Social and Cultural Rights. (2000)
General Comment No. 4, Committee on the Rights of the Child. Adolescent Health and Development in the Context of the Convention on the Rights of the Child (2003)
General Comment No. 3, Committee on the Rights of the Child. Adolescent Health and Development in the Context of the Convention on the Rights of the Child (2003)
CEDAW Reports/Comments:
Norway's 6th and 7th Periodic Report to CEDAW
CEDAW's Observations to the 3-6th periodic reports of Norway.
DIRECTIVES AND CASES
EU Directives: EU Directive 2000/43/EC. Equal treatment between persons irrespective of racial or ethnic origin EU Directive 2000/78/EC. Equal treatment in employment and occupation
International/regional cases: Kjeldsen v. Denmark EHRR 71 Open Door Counselling and Dublin Well Women v. Ireland (1992) 15 EHRR 244 Leyla Sahin vs. Turkey, 10/11/2005 The Bilka-case, C-170/84 The Dekker-case, C-177/88 The Tele- Denmark –case, C-109/00 The Marshall-case, C-409/95 The University of Oslo case, E.1/02
National cases; The Behe and Others v The magistrate, Khayllitsha and others. Constitutional Court CCT 49/03 (South Africa) Ephraim v Pastory, High Court of Tanzania, 1990 Abdul Waheed v. Asma Jahangir (Pakistan) Muhammed Siddique vs. Pakistan, PLD 2002, Lahore 444 (Pakistan) The ACE case, Klagenemnda for likestilling – LKN-2001-1.
Conventions, Constitutions and Statutes:
Compiled in Selected Conventions, Constitutions and Statutes (available at the Institute of Women’s Law)