Font Size: a A A

The International Protection Of Human Rights Of Women

Posted on:2003-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2206360065456990Subject:International law
Abstract/Summary:PDF Full Text Request
Women's human rights (WHR) is a part of human rights, and the protection to it is one of the tasks of modern human rights law. However, for reasons of history, tradition and culture, the present situation of WHR protection is not so satisfying, and International human rights law seems to fall short of strength in this concern. Considering that, from the aspect of international human rights law and based on WHR protection theories, the thesis makes a research on such protection's development and relevant stipulations, analyses problems existing, suggests methods to improve it, and briefly introduce the WHR protection in China. This thesis has four parts, with around 35,000 words.Part I. Theoretical basis of WHR protection.This part mainly discusses the necessity and importance of protecting WHR from three aspects: 1. Promoting women's status is demand and symbol of social development; 2. eliminating discrimination on sex is important part of human rights protection and international human rights law, 3. guaranteeing WHR of participating in social activities is requirement of democracy.Part II. Development of WHR protection and stipulations in international human rights law.This part researches the emergence of WHR concept and its development in international law, briefly introduces and concludes relevant stipulations of international human rights law.Part III. Problems existing in international human rights law in WHR protection.This part, referring to regulations of international human rights law, considering present theory and practice of WHR protection, finds out problems existing in this area. Mainly:1. International protection of WHR is not sufficiently emphasized;2. Its international and domestic protection is not effectively combined; 3. relevant conventions still have some defects in respect of their contents, such as: women are repelled in legislationcourses, thus their status and demand can't be reflected; law emphasize formal equality rather than substantial equality; international law's division of public and private field is unfavorable to the protection of WHR.Part IV. The theory analysis and system construction about the international protection of WHR.This part raises ways about how to perfect it. First of all, we should understand and handle the relationship between WHR and the relative rights, the main of which are WHR Vs Development Rights, WHR Vs Self-determination, WHR Vs National Sovereign. These pairs of rights seem contradict, while they are unified. We need to clarify and make clear of their dialectical relationship. Second, pursuing the substantial equality in order to push laws to make laws more justice and objective, as well as to abundantly reflect women's demands. Neglecting of women's unfavorable condition and special demands are vital defects in the existing law. We should follow these points: 1. Enlarge the range and depth of women in legislation participating; 2. Supplement formal equality with substantial equality; 3. Bring the private field, especially family violence, into law's jurisdiction. Next, we should well conduct the reservation problem .The reservation system brings a series of contradiction and problems when applying the convention. Being a tool of protecting WHR, the international convention can draw lessons from approaches in other conventions about the. reservation, and reduce the negative influence raised by reservation . 1. List a number of articles which can't be reserved; 2.Ask for certain prerequisite and procedure when there is a reservation; 3. Limit the countries' reservation right by other means and encourage them to withdraw the reservation. And last, strengthen the supervision over the convention to impel the implement of it. Now blank and holes are still existed in the convention of protecting WHR as to this part. Following is some advises: 1. Strictly carry out the contracting countries Reporting System; 2. Perfect Individual Appealing System; 3. Construct Country -Accusing-System.
Keywords/Search Tags:International
PDF Full Text Request
Related items