JUS5910 - Spring 2020

Syllabus/achievement requirements

Requirements

In the following you find reading lists for the courses taught at bachelor’s and master’s level. Note that there are different achievement requirements and different reading lists:

Master’s level (10 credits): A thorough understanding is required

Bachelor’s level (10 credits): A general understanding is required

Achievement requirements for master’s level (10 credits):

Knowledge:

A thorough understanding of the following topics dealt with in the course literature:

The concept of gender equality and non-discrimination (direct, indirect, systemic and intersectional) embedded in the UN Convention on the Elimination of All Forms of Discrimination against Women and related instruments such as the Covenant on Economic, Social and Cultural Rights, the Covenant on Civil and Political Rights, the European Convention on Human Rights, the European Union Treaty and The African Charter on Human and People's Rights.
Gender stereotyping within CEDAW, Inter-American and African human rights jurisprudence
The right to gender equality and non-discrimination in relation to work, reproductive health, land/housing, water and sanitation.
Women’s right to protection against violence in the public and private domain under the CEDAW and the Rome Statute establishing the international court.
The CEDAW’s gender specific, transformative and holistic approach and its contribution to engenderment and queering of international law.
Sources and principles of the interpretation of human rights.
The implementation and monitoring of the CEDAW. The composition and competence of the CEDAW Committee, its strengths and weaknesses.
Legal, political, social and cultural processes that affect the implementation and realization of women’s human rights at the national and at the local level.

Skills:

The students are required to make oral presentations where they analyze state compliance to international human rights instrument. Towards this end they look into state reports to the CEDAW Committee, NGO shadow reports to the CEDAW Committee, reports submitted by National Human Rights Institutions and the CEDAW Committees concluding comments to state reports. The training is aimed at enhancing skills related to law reform, work for national and international NGO's and also use of CEDAW sources in litigation.

General Competence:

The students are taught a combination of a doctrinal, critical and contextual approach to human rights in general and women’s human rights in particular. They are able to compare and reflect on similarities and differences between the CEDAW, Inter-American and African human rights jurisprudence. They are able to analyze legal, political and socio-cultural factors that affect the implementation of the CEDAW and related instruments. They should be able to pursue careers addressing women’s rights issues in human rights institutions, international organizations, NGOs or development agencies.

Achievement requirements for bachelor's level (10 credits):

Knowledge:

A general understanding of the following topics that are dealt with in the course literature:
The concept of gender equality and non-discrimination (direct, indirect, systemic and intersectional) embedded in the UN Convention on the Elimination of All Forms of Discrimination against Women and related instruments such as the Covenant on Economic, Social and Cultural Rights , the Covenant on Civil and Political Rights, the European Convention on Human Rights, the European Union Treaty and The African Charter on Human and People's Rights.
The right to gender equality and non-discrimination in relation to work, reproductive health, land/housing, water and sanitation
Women’s right to protection against violence in the public and private domain under the CEDAW and the RomeSstatute establishing the international court.
The CEDAW’s gender specific, transformative and holistic approach and its contribution to engenderment and queering of international law
Sources and principles of the interpretation of human rights
The implementation and monitoring of the CEDAW. The composition and competence of the CEDAW Committee, its strengths and weaknesses.
Legal, political, social and cultural processes that affect the implementation and realization of women’s human rights at the national and at the local level.

Skills:

The students are required to make oral presentations where they analyze state compliance to international human rights instrument. Towards this end they look into state reports to the CEDAW Committee, NGO shadow reports to the CEDAW Committee, reports submitted by National Human Rights Institutions and the CEDAW Committees concluding comments to state reports. The training is aimed at enhancing skills related to law reform, work for national and international NGO's and also use CEDAW sources in litigation.

General Competence:

Students are taught a combination of a doctrinal, critical and contextual approach to human rights in general and women’s human rights in particular. They are able to analyze legal, political and socio-cultural factors that affect the implementation of the CEDAW and related instruments. They should be able to pursue careers addressing women’s rights issues in human rights institutions, international organizations, NGOs or development agencies.

Course literature Master Level (500 pages)

The articles are found in the course book:" Women’s Human Rights in International, Regional and National Law", Anne Hellum and Henriette Sinding Aasen (eds) Cambridge University Press 2013:

https://doi.org/10.1017/CBO9781139540841

and online through the University Library. Books are available for purchase in the bookstore Akademika at Blindern (main Campus).

Theories and concept of gender equality and non-discrimination in international law

Anne Hellum and Ingunn Ikdahl (2019) Committee on the Elimination of Discrimination against Women, in Max Planck Encyclopedias of International Law, https://opil.ouplaw.com/view/10.1093/law-mpeipro/e1329.013.1329/law-mpeipro-e1329?rskey=jDz5RQ&result=1&prd=MPIL (17 pp)

Byrnes, Andrew (2012): “ Article 1” (CEDAW), In M.A Freeman, C. Chinkin and B. Rudlof. CEDAW Commentary. Oxford University Press, 51-70 (19). Available online :http://opil.ouplaw.com/view/10.5422/fso/9780199565061.001.0001/actrade-9780199565061

Holtmaat, Rikki (2013): “The CEDAW: a holistic approach to women’s equality and freedom”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 95-124 (29) https://doi.org/10.1017/CBO9781139540841

Otto, Dianne (2016) “Queering Gender [Identity] in International Law”, in Nordic Journal of Human Rights, 1 issue 2016. Available online:. http://www.tandfonline.com/toc/rnhr20/34/1?nav=tocList

Fredman, Sandra (2013): “Engendering socio-economic rights” ”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 217-242 (25) https://doi.org/10.1017/CBO9781139540841

Fredman S, Sandra: “Substantive equality revisited” International . Constitutional Law (2016), Vol. 14 No. 3, 712-738: Available online:

https://academic.oup.com/icon/article/14/3/712/2404476

Relevant jurisprudence of Human Rights Treaty Bodies (sources of international Law)

CEDAW General Recommendation No. 28, on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CEDAW General Recommendation No. 25, Article 4,1. Temporary Special Measures. https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CESCR Committee General Comment 20, Non-Discrimination in Economic, Social and Cultural Rights (art 2, papa 2) http://www2.ohchr.org/english/bodies/cescr/

Human Rights Committee General Comment No. 28 “Equality of rights between men and women , Article 3” http://www1.umn.edu/humanrts/gencomm/hrcom28.htm

Gender stereotyping in international, regional and constitutional law

Cusack, Simone (2013) “The CEDAW as a legal framework for transnational discourses on gender stereotyping. In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press 124 – 158 (34) https://doi.org/10.1017/CBO9781139540841

Holtmaat, Rikki & Paul Post (2016) “Enhancing LGBTI Rights by Changing the Interpretation of the Convention on the Elimination of All Forms of Discrimination Against Women?” I Nordic Journal of Human Rights, 1 issue 2016. Available online: http://www.tandfonline.com/toc/rnhr20/34/1?nav=tocList

Raday, Frances : “Traditionalist Religious and Cultural Challenges – International and Constitutional Human Rights Responses”, in Israel Law Review Vol. 41, pp 596-634 (38 pages). Available online: http://www.humanrights.org.il/articles/traditional%20religious%20and%20cultural%20challengers.pdf

Musembi, Celestine Nyamu (2013) “Pulling apart? Treatment of pluralism in the CEDAW and the Maputo Protocol”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 183 – 215 (32) https://doi.org/10.1017/CBO9781139540841

Meghan Campbell: “Women’s Rights and the Convention on the Elimination of all Forms of Discrimination against Women: Unlocking the Potential of the Optional Protocol”, Nordic Journal of Human Rights , Volume 34, 2016. Issue 4 (32 Pages) B http://www.tandfonline.com/doi/full/10.1080/18918131.2016.1248002

Engendering social and economic rights – work, reproduction and health, land/housing, water and sanitation

Raday, Frances (2012): “Article 11” (CEDAW) In M.A Freeman, C. Chinkin and B. Rudolf. CEDAW Commentary. Oxford University Press, 279- 293 (15). http://opil.ouplaw.com/view/10.5422/fso/9780199565061.001.0001/actrade-9780199565061

Susanne Burri and Helga Aune (2014) “Sex discrimination in Relation to Part-Time and Fixed_term Work, in European, Gender Equality Law Review, No. 1 (2014) p.11-22 (11 pages). B http://ec.europa.eu/justice/gender-equality/files/law_reviews/egelr_2014_1_final_web_en.pdf

Buckner, Lolita et al (2019) Cecilia Kell v Canada (Feminist shadow judgement), in Feminist Judgements in International Law, (ed Loveday Hodson and Troy Lavers, Hart (p.333-373).

Ikdahl, Ingunn (2013) “ Property and security: articulating women’s rights to their homes”, ”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 268-292 (24). https://doi.org/10.1017/CBO9781139540841

Hellum, Anne; Ikdahl, Ingunn and Kameri-Mbote (2015) “Turning the Tide: Engendering the Human Rights to Water and Sanitation “ , in Water is Life,Women’s Human Rights in National and Local Water Governance, Harare: Weaver Press pp 32-68 (34 pages)Open access book, Available online: https://www.duo.uio.no/handle/10852/50168

Relevant jurisprudence of human rights treaty bodies:

CEDAW General Recommendation No. 25, Article 4,1. Temporary Special Measures. https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CEDAW Committee General Recommendation 24. Women and Health article 12 https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CESCR Committee General Recommendation 15. The right to water (article 11 and 12) http://www2.ohchr.org/english/bodies/cescr/

Protection against violence an equality and non-discrimination issue

MacKinnon, Catharine (2012): “Creating international law: Gender as a New Paradigm”, In: Non-State actors, Soft Law and Protective Regimes, C.M. Bailliet(ed) 17—32 (15). https://doi.org/10.1017/CBO9781139134989 B

Byrnes, Andrew and Eleanor Bath: Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women – recent Developments - (9) B http://hrlr.oxfordjournals.org/content/8/3/517.full

Relevant jurisprudence of human rights treaty bodies:

CEDAW General Recommendation No. 19 https://www1.umn.edu/humanrts/gencomm/onwomen.htm

Implementation of international law: from the International to the national and the local

Hellum, Anne (2013) “Making space and giving voice: the CEDAW in Norwegian Law”. In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press 557- 588 (31) https://doi.org/10.1017/CBO9781139540841

Pandey, Kabita (2013) “Judicial education on the Convention on Elimination of Discrimination against Women in Nepal”. In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press. 410 -430 (20) A https://doi.org/10.1017/CBO9781139540841

Sylvia Tamale, Confronting the Politics of Nonconforming Sexualities in Africa, https://www.cambridge.org/core/journals/african-studies-review/article/confronting-the-politics-of-nonconforming-sexualities-in-africa/E2E9BC2E3CFE66C5CDC848EE2C7BC275/core-reader

Hellum, Anne and Farhat Taj (2011): “Taking what law where and to whom”. In: From Transnational Relations to Transnational Laws: Northern European Laws at the Cross Roads, Anne Hellum, Shaheen Sardar Ali and Anne Griffiths (eds.), Ashgate, pp 93-117 (17 pages) Available online: https://www.taylorfrancis.com/books/e/9781317131595

Course literature Bachelor Level (400 pages)

The articles are found in the course book: "Women’s Human Rights in International, Regional and National Law", Anne Hellum and Henriette Sinding Aasen (eds) Cambridge University Press 2013 and online through the University Library.

Books are available for purchase in the bookstore Akademika at Blindern (main Campus)

Some articles will be made available in pdf files.

Theories and concept of gender equality and non-discrimination in international law

Anne Hellum and Ingunn Ikdahl (2019) Committee on the Elimination of Discrimination against Women, in Max Planck Encyclopedias of International Law,

https://opil.ouplaw.com/view/10.1093/law-mpeipro/e1329.013.1329/law-mpeipro-e1329?rskey=jDz5RQ&result=1&prd=MPIL

Byrnes, Andrew (2012): “ Article 1” (CEDAW), In M.A Freeman, C. Chinkin and B. Rudlof. CEDAW Commentary. Oxford University Press, 51-70 (19). Available online : http://opil.ouplaw.com/view/10.5422/fso/9780199565061.001.0001/actrade-9780199565061

Holtmaat, Rikki (2013): “The CEDAW: a holistic approach to women’s equality and freedom?”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 95-124 (29) https://www.cambridge.org/core/books/womens-human-rights/5B51A8C992F641E1EEC49B7D1D676DF5

Otto, Dianne (2016) “Queering Gender [Identity] in International Law”, in Nordic Journal of Human Rights, 1 issue 2016,(22p) (Pdf file) http://www.tandfonline.com/toc/rnhr20/34/1?nav=tocList

Fredman, Sandra (2013): “Engendering socio-economic rights” ”, In A. Hellum and H. Sinding Aasen. Women’s Human Rights. Cambridge University Press, 217-242 (25) https://www.cambridge.org/core/books/womens-human-rights/5B51A8C992F641E1EEC49B7D1D676DF5

Fredman S, Sandra: “Substantive equality revisited” International Constitutional Law (2016), Vol. 14 No. 3, 712-738 B.

https://academic.oup.com/icon/article/14/3/712/2404476

Relevant jurisprudence of Human Rights Treaty Bodies (sources of international law)

CEDAW General Recommendation No. 25, Article 4,1. Temporary Special Measures. https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CESCR Committee General Comment 20, Non-Discrimination in Economic, Social and Cultural Rights (art 2, papa 2) http://www2.ohchr.org/english/bodies/cescr/

Human Rights Committee General Comment No. 28 “Equality of rights between men and women , Article 3” http://www1.umn.edu/humanrts/gencomm/hrcom28.htm

Gender stereotyping in international, regional and constitutional law

Holtmaat, Rikki & Paul Post (2016) “Enhancing LGBTI Rights by Changing the Interpretation of the Convention on the Elimination of All Forms of Discrimination Against Women?” I Nordic Journal of Human Rights, 1 issue 2016, (18 pages) Available on line. http://www.tandfonline.com/toc/rnhr20/34/1?nav=tocList

Raday, Frances : “Traditionalist Religious and Cultural Challenges – International and Constitutional Human Rights Responses”, in Israel Law Review Vol. 41, pp 596-634 (38 pages) Available online: https://doi.org/10.1017/S0021223700000388

Engendering social and economic rights – work, reproduction and health, land/housing, water and sanitation

Raday, Frances (2012): “Article 11” (CEDAW) In M.A Freeman, C. Chinkin and B. Rudolf. CEDAW Commentary. Oxford University Press, 279- 293(15) Available online: http://opil.ouplaw.com/view/10.5422/fso/9780199565061.001.0001/actrade-9780199565061

Susanne Burri and Helga Aune (2014) “Sex discrimination in Relation to Part-Time and Fixed_Term Work, in European, Gender Equality Law Review, No. 1 (2014) p.11-22 (11 pages). Available online at:http://ec.europa.eu/justice/gender-equality/files/law_reviews/egelr_2014_1_final_web_en.pdf

Buckner, Lolita et al (2019) Cecilia Kell v Canada (Feminist shadow judgement), in Feminist Judgements in International Law, (ed Loveday Hodson and Troy Lavers, Hart (p.333-373).

Hellum, Anne; Ikdahl, Ingunn and Kameri-Mbote (2015) “Turning the Tide: Engendering the Human Rights to Water and Sanitation “ , in Water is Life,Women’s Human Rights in National and Local Water Governance, Harare: Weaver Press pp 32-68 (34 pages) Open Access book, available online: https://www.duo.uio.no/handle/10852/50168

Relevant jurisprudence of human rights treaty bodies:

CEDAW General Recommendation No. 25, Article 4,1. Temporary Special Measures. https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CEDAW Committee General Recommendation 24. Women and Health article 12 https://www1.umn.edu/humanrts/gencomm/onwomen.htm

CESCR Committee General Recommendation 15. The right to water (article 11 and 12) http://www2.ohchr.org/english/bodies/cescr/

Protection against violence an equality and non-discrimination issue

Relevant jurisprudence of human rights treaty bodies:

CEDAW General Recommendation No. 19 https://www1.umn.edu/humanrts/gencomm/onwomen.htm

Implementation of international law: from the International to the national and the local

Sylvia Tamale, Confronting the Politics of Nonconforming Sexualities in Africa, https://www.cambridge.org/core/journals/african-studies-review/article/confronting-

Hellum, Anne and Farhat Taj (2011): “Taking what law where and to whom” in From Transnational Relations to Transnational Laws: Northern European Laws at the Cross Roads. Anne Hellum, Shaheen Sardar Ali and Anne Griffiths (eds.), Ashgate, pp 93-117 (17 pages) Available online: https://www.taylorfrancis.com/books/e/9781317131595

Published Nov. 20, 2019 3:46 PM - Last modified Jan. 27, 2020 3:20 PM