The 2011-2012 U.N. Women Report Shows How to Apply Human Rights Law
American poverty lawyers of all specialties often hesitate before using international human rights arguments and publications in their daily work, and for good reason: the American bench has a decidedly mixed track record when it comes to citing international human rights as persuasive authority. But the 2011-2012 report on progress of the world’s women by U.N. Women, the United Nations’ organization for gender equality and women’s empowerment, is a valuable tool for women’s advocates trying to incorporate human rights standards into their practice. Progress of the World’s Women: In Pursuit of Justice, makes it clear that international human rights publications can provide advocates with useful arguments, information, models, and contacts for future collaborations—bolstering advocates’ work even if international human rights are never explicitly mentioned in the courtroom.
Appropriately enough for lawyers, U.N. Women’s new report focuses on the impact that laws and justice systems have on women and girls around the world. The authors scrutinize legal barriers that women have to face, as well as the innovative ways that advocates are devising to rip them down. This document can be a helpful resource in several respects:
- The report discusses The Convention on the Elimination of All forms of Discrimination against Women at great length and incorporates the convention into its discussion of women’s issues. Although the United States has only signed, not ratified, this treaty, it has been ratified by 186 U.N. Member States and is often recognized as persuasive by American judges. The report prompts advocates to think about using the convention in new ways.
- Each chapter of the report explores justice-related topics as well as monumental cases that have changed women’s lives, and each section is illustrated by statistics and studies that advocates can refer to in briefs or policy campaigns. For example, the first chapter, Legal Frameworks, discusses women’s struggle to achieve equal pay for equal work, noting that “[b]ased on available information from 83 countries, the ILO reports that women are generally paid between 10 and 30 percent less than men.” This upsetting statistic could be useful for women’s advocates working on equal pay issues; similarly helpful statistics are omnipresent throughout the report.
- Whether discussing noteworthy cases, legal pluralism, or violence against women, the U.N. Women report constantly refers to organizations and government entities that are working to improve justice for the world’s women. Reading the U.N. report can provide advocates with new models for their own work, as well as potential allies in other jurisdictions.
For more information on how to incorporate human rights arguments into your practice, watch out for the 2011 Special Issue of Clearinghouse Review: Journal of Poverty Law and Policy, which will be available in October. In this year’s special issue, authors from the University of Pennsylvania’s Transnational Legal Clinic, The Opportunity Agenda, Columbia University’s Human Rights Institute, The Shriver Center, Coalition of Immokalee Workers, Northeastern University’s Program on Human Rights and the Global Economy, the National Law Center on Homelessness and Poverty, the Legal Assistance Foundation of Metropolitan Chicago, and California Rural Legal Assistance, as well as two Australian public interest organizations—the Federation of Community Legal Centres and the Public Interest Clearing House—will discuss new and innovative ways for legal services lawyers to use international human rights to advance justice and equal opportunity at home.
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