Realizing human rights for women

Human Rights Quarterly

Volumn 21, Issue 2, 1999, Pages 364-402

  O'Hare, Ursula A ^a,b,c  

^a Queen's University Belfast ^*

^b QUEEN'S UNIVERSITY BELFAST   (United Kingdom)

^c NEWCASTLE UNIVERSITY   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

FEMINISM; GENDER RELATIONS; HUMAN RIGHTS; WOMENS STATUS;

EID: 0032798490     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.1999.0029     Document Type: Article

References (286)

1. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
2. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
3. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
4. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
5. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
6. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
7. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
8. See Elissavet Stamatopoulou, Women's Rights and the United Nations, in WOMEN'S RIGHTS, HUMAN RIGHTS: INTERNATIONAL FEMINIST PERSPECTIVES 36 (Julie Peters & Andrea Wolper eds., 1995) [hereinafter WOMEN'S RIGHTS, HUMAN RIGHTS]. Among the growing body of literature on women's human rights, see the collection of essays in HUMN RIGHTS OF WOMEN: NATIONAL AND INTERNATIONAL PERSPECTIVES (Rebecca J. Cook ed., 1994) [hereinafter HUMAN RIGHTS OF WOMEN]; Hilary Charlesworth, Human Rights as Men's Rights, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra, at 103; Hilary Charlesworth & Christine Chinkin, The Gender of Jus Cogens, 15 HUM. RTS. Q. 63 (1993); Charlotte Bunch, Women's Rights as Human Rights: Toward a Re-Vision of Human Rights, 12 HUM. RTS. Q. 486 (1990); Rebecca J. Cook, Women's International Human Rights Law: The Way Forward, 15 HUM. RTS. Q. 230 (1993); Riane Eisler, Human Rights: Toward an Integrated Theory for Action, 9 HUM. RTS. Q. 287 (1987); Andrew Byrnes, Women, Feminism and International Human Rights Law - Methodological Myopia, Fundamental Flaws or Meaningful Marginalisation?: Some Current Issues, 12 Aus. Y.B. INT'L L. 205 (1992).
9. Vienna Declaration and Programme of Action, U.N. GAOR, World Conf. on Hum. Rts., 48th Sess., 22d plen. mtg., part I, U.N. Doc. A/CONF.157/24 (1993), reprinted in 32 I.L.M. 1661 (1993) [hereinafter Vienna Declaration].
10. Declaration on the Elimination of Violence Against Women, adopted 23 Feb. 1994, G.A. Res. 48/104, U.N. GAOR, 48th Sess., Agenda Item 111, U.N. Doc. A/Res/48/104 (1994), reprinted in 33 U.M. 1050 [hereinafter DEVAW].
11. Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, "Convention of Belém do Para," adopted 9 June 1994, OAS/Ser.L.V/ II.92/doc.31 rev.3 (1994) (not in force), reprinted in 33 I.L.M. 1534 (1994) [hereinafter Inter-American Convention].
12. The theme of the Beijing World Conference in 1995, "Women's Rights are Human Rights," reaffirmed the need to frame human rights so as to make them inclusive of women's experiences and accessible through the development of effective procedures for enforcing those rights. Fourth World Conference on Women: Action for Equality, Development, and Peace, Beijing Declaration and Platform for Action, U.N. GAOR, U.N. Doc. A/CONF.177/20 (1995), reprinted in REPORT OF THE FOURTH WORLD CONFERENCE ON WOMEN (1995) (recommended to the UN General Assembly by the Committee on the Status of Women on 7 Oct. 1995) [hereinafter Beijing Declaration].
13. Convention on the Elimination of All Forms of Discrimination Against Women, adopted 18 Dec. 1979, G.A. Res. 34/180, U.N. GAOR 34th Sess., Supp. No. 46, U.N. Doc. A/34/36 (1980) (entered into force 3 Sept. 1981), reprinted in 19 I.L.M. 33 (1980) [hereinafter Women's Convention].
14. It is anticipated that the Commission on the Status of Women will approve the individual complaints procedure by the end of its Forty-Fourth Session in March 2000.
15. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess., (Resolutions, part 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. SUPP. 127 (1949) [hereinafter UDHR].
16. Id. art. 1. For a recent analysis, however, of the extent to which women's human rights remain unrealized, see Stephen C. Poe, et al., Global Patterns in the Achievement of Women's Human Rights to Equality, 19 HUM. RTS. Q. 813 (1997).
17. See Margaret Thornton, The Cartography of Public and Private, in PUBLIC AND PRIVATE: FEMINIST LEGAL DEBATES 2, 13 (Margaret Thornton ed., 1995) [hereinafter PUBLIC AND PRIVATE].
18. See Noreen Burrows, International Law and Human Rights: The Case of Women's Rights, in HUMAN RIGHTS: FROM RHETORIC TO REALITY 80 (Tom Campbell et al., eds., 1986).
19. See Kathleen Mahoney, Theoretical Perspectives on Women's Human Rights and Strategies for Their Implementation, 21 BROOK. J. INT'L L. 799 (1996).
20. Hilary Charlesworth, What are "Women's International Human Rights"?, in HUMAN RIGHTS OF WOMEN, supra note 1, at 58, 71.
21. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
22. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
23. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
24. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
25. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
26. At the national level, women account for less than 5 percent of heads of state and form approximately 10 percent of parliamentarians. See Gayle Binion, Human Rights: A Feminist Perspective, 17 HUM. RTS. Q. 509 (1995). Within international fora progress remains slow in remedying the low representation of women. In 1990, the General Assembly of the United Nations set a goal of 35 percent overall participation of women, (subject to geographical distribution) in posts by 1995, with the goal of 50:50 representation by 2000. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations System, Improvement of the Status of Women in the Secretariat: Resolution Adopted by the General Assembly, U.N. GAOR, 49th Sess., Agenda Item 97, U.N. Doc. A/Res/49/167 (1995); Human Resources Management, U.N. GAOR, 49th Sess., Supp. No. 49, U.N. Doc. A/Res/49/ 222. Figures published to the Forty-First Session of the Commission on the Status of Women in 1997 show that by 1996 the goal of 35 percent was met in 17 out of 33 departments, with the level of female representation in the secretariat at 35.5 percent. However, only 18.5 percent of posts at a decision-making level were held by women. For a full statistical breakdown, see Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, 41st Sess., Prov. Agenda Item 3(a), U.N. Doc. E/CN.6/1997/7 (1997). Figures published to the Forty-Second Session of the Commission on the Status of Women show a modest improvement in these figures as of 1 January 1998. Representation of women in the secretariat rose from 35.5 percent to 36.8 percent and from 18.5 percent to 22.6 percent in posts at a decision-making level. Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Improvement of the Status of Women in the Secretariat: Report of the Secretary-General, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 42d Sess., Agenda Item 3(a), U.N. Doc. E/CN.6/1998/8 (1998). Charlesworth estimates that at current projections it will take until 2021 for women to hold 50 percent of UN professional posts. Charlesworth, supra note 1, at 105. Gallagher condemns the practice of human rights instruments that require that the composition of human rights bodies reflect an equitable geographical, but not gender, distribution of membership. See Anne Gallagher, Ending the Marginalization: Strategies for Incorporating Women into the United Nations Human Rights System, 19 HUM. RTS. Q. 283, 305 (1997).
27. The "mainstream" is generally taken to refer to the treaty-based bodies and investigative bodies that operate under the auspices of the Geneva-based Centre for Human Rights and the High Commissioner for Human Rights. See Byrnes, supra note 1. In September 1997, the Centre for Human Rights and the Office of the High Commissioner consolidated into a single Office of the High Commissioner for Human Rights.
28. For a useful summary of these schools of thought, see Karen Engle, After the Collapse of the Public/Private Distinction: Strategizing Women's Rights, in RECONCEIVING REALITY: WOMEN AND INTERNATIONAL LAW, 143 (Dorinda C. Dalimeyer ed., 1993).
29. See Ngaire Naffine, Sexing the Subject (of Law), in PUBLIC AND PRIVATE, supra note 10, at 18, 20.
30. See Eisler, supra note 1.
31. See Naffine, supra note 17, at 18; Bunch, supra note 1; Nancy Kim, Toward a Feminist Theory of Human Rights: Straddling the Fence Between Western Imperialism and Uncritical Absolutism, 25 COLUM. HUM. RTS. L. REV. 49 (1993).
32. See Naffine, supra note 17, at 18; Bunch, supra note 1; Nancy Kim, Toward a Feminist Theory of Human Rights: Straddling the Fence Between Western Imperialism and Uncritical Absolutism, 25 COLUM. HUM. RTS. L. REV. 49 (1993).
33. See Naffine, supra note 17, at 18; Bunch, supra note 1; Nancy Kim, Toward a Feminist Theory of Human Rights: Straddling the Fence Between Western Imperialism and Uncritical Absolutism, 25 COLUM. HUM. RTS. L. REV. 49 (1993).
34. Some commentators argue that it is unhelpful to challenge human rights law on the basis of the public/private dichotomy because it is essentially a Western construct that does not have the same meaning in other societies. For a discussion of this perspective, see Hilary Charlesworth, Worlds Apart: Public/Private Distinctions in International Law, in PUBLIC AND PRIVATE, supra note 10, at 243, 251-52; Engle, supra note 16.
35. Some commentators argue that it is unhelpful to challenge human rights law on the basis of the public/private dichotomy because it is essentially a Western construct that does not have the same meaning in other societies. For a discussion of this perspective, see Hilary Charlesworth, Worlds Apart: Public/Private Distinctions in International Law, in PUBLIC AND PRIVATE, supra note 10, at 243, 251-52; Engle, supra note 16.
36. Charlesworth, supra note 13, at 68.
37. Julie Peters & Andrea Wolper, Introduction, in HUMAN RIGHTS, WOMEN'S RIGHTS, supra note 1, at 2.
38. Catherine MacKinnon, On Torture: A Feminist Perspective on Human Rights, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY: A GLOBAL CHALLENGE 21 (Kathleen E. Mahoney & Paul Mahoney eds., 1993) [hereinafter HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY].
39. See AMNESTY INTERNATIONAL, WOMEN IN THE FRONT LINE: HUMAN RIGHTS VIOLATIONS AGAINST WOMEN (1991).
40. Violence against women takes a number of forms. In addition to the torture and ill-treatment of women detainees and the use of rape during armed conflict, violence against women includes sexual harassment, forced prostitution, suttee, bride price, genital mutilation, and pornography. I use the term intimate violence to denote violence against women committed by those in a close or family relationship with the woman, including a spouse, partner, boyfriend, father, brother, or other family member. Girl children are also particularly vulnerable to public and private violence as the figures on the practice of infanticide against female children and the forced prostitution and trafficking of girl children demonstrate. See Amartya Sen, More Than 100 Million Women are Missing, in INTERNATIONAL HUMAN RIGHTS IN CONTEXT: LAW, POLITICS, MORALS 896 (Henry J. Steiner & Philip Alston eds., 1996) [hereinafter INTERNATIONAL HUMAN RIGHTS IN CONTEXT]. For an excellent overview of the pervasiveness of all forms of violence against women, see HUMAN RIGHTS WATCH, THE HUMAN RIGHTS WATCH GLOBAL REPORT ON WOMEN'S HUMAN RIGHTS (1995). Joan Fitzpatrick, however, notes that it is difficult to accurately determine the extent of violence against women because of the problem of underreporting, particularly of intimate violence. Joan Fitzpatrick, The Use of International Human Rights Norms to Combat Violence Against Women, in HUMAN RIGHTS OF WOMEN, supra note 1, at 532; see also U.N. CENTER FOR SOCIAL DEVELOPMENT AND HUMANITARIAN AFFAIRS, VIOLENCE AGAINST WOMEN IN THE FAMILY, U.N. Doc. ST/CSDHA/2, U.N. Sales No. E.89.IV.5 (1989) [hereinafter UN STUDY].
41. Violence against women takes a number of forms. In addition to the torture and ill-treatment of women detainees and the use of rape during armed conflict, violence against women includes sexual harassment, forced prostitution, suttee, bride price, genital mutilation, and pornography. I use the term intimate violence to denote violence against women committed by those in a close or family relationship with the woman, including a spouse, partner, boyfriend, father, brother, or other family member. Girl children are also particularly vulnerable to public and private violence as the figures on the practice of infanticide against female children and the forced prostitution and trafficking of girl children demonstrate. See Amartya Sen, More Than 100 Million Women are Missing, in INTERNATIONAL HUMAN RIGHTS IN CONTEXT: LAW, POLITICS, MORALS 896 (Henry J. Steiner & Philip Alston eds., 1996) [hereinafter INTERNATIONAL HUMAN RIGHTS IN CONTEXT]. For an excellent overview of the pervasiveness of all forms of violence against women, see HUMAN RIGHTS WATCH, THE HUMAN RIGHTS WATCH GLOBAL REPORT ON WOMEN'S HUMAN RIGHTS (1995). Joan Fitzpatrick, however, notes that it is difficult to accurately determine the extent of violence against women because of the problem of underreporting, particularly of intimate violence. Joan Fitzpatrick, The Use of International Human Rights Norms to Combat Violence Against Women, in HUMAN RIGHTS OF WOMEN, supra note 1, at 532; see also U.N. CENTER FOR SOCIAL DEVELOPMENT AND HUMANITARIAN AFFAIRS, VIOLENCE AGAINST WOMEN IN THE FAMILY, U.N. Doc. ST/CSDHA/2, U.N. Sales No. E.89.IV.5 (1989) [hereinafter UN STUDY].
42. Violence against women takes a number of forms. In addition to the torture and ill-treatment of women detainees and the use of rape during armed conflict, violence against women includes sexual harassment, forced prostitution, suttee, bride price, genital mutilation, and pornography. I use the term intimate violence to denote violence against women committed by those in a close or family relationship with the woman, including a spouse, partner, boyfriend, father, brother, or other family member. Girl children are also particularly vulnerable to public and private violence as the figures on the practice of infanticide against female children and the forced prostitution and trafficking of girl children demonstrate. See Amartya Sen, More Than 100 Million Women are Missing, in INTERNATIONAL HUMAN RIGHTS IN CONTEXT: LAW, POLITICS, MORALS 896 (Henry J. Steiner & Philip Alston eds., 1996) [hereinafter INTERNATIONAL HUMAN RIGHTS IN CONTEXT]. For an excellent overview of the pervasiveness of all forms of violence against women, see HUMAN RIGHTS WATCH, THE HUMAN RIGHTS WATCH GLOBAL REPORT ON WOMEN'S HUMAN RIGHTS (1995). Joan Fitzpatrick, however, notes that it is difficult to accurately determine the extent of violence against women because of the problem of underreporting, particularly of intimate violence. Joan Fitzpatrick, The Use of International Human Rights Norms to Combat Violence Against Women, in HUMAN RIGHTS OF WOMEN, supra note 1, at 532; see also U.N. CENTER FOR SOCIAL DEVELOPMENT AND HUMANITARIAN AFFAIRS, VIOLENCE AGAINST WOMEN IN THE FAMILY, U.N. Doc. ST/CSDHA/2, U.N. Sales No. E.89.IV.5 (1989) [hereinafter UN STUDY].
43. Violence against women takes a number of forms. In addition to the torture and ill-treatment of women detainees and the use of rape during armed conflict, violence against women includes sexual harassment, forced prostitution, suttee, bride price, genital mutilation, and pornography. I use the term intimate violence to denote violence against women committed by those in a close or family relationship with the woman, including a spouse, partner, boyfriend, father, brother, or other family member. Girl children are also particularly vulnerable to public and private violence as the figures on the practice of infanticide against female children and the forced prostitution and trafficking of girl children demonstrate. See Amartya Sen, More Than 100 Million Women are Missing, in INTERNATIONAL HUMAN RIGHTS IN CONTEXT: LAW, POLITICS, MORALS 896 (Henry J. Steiner & Philip Alston eds., 1996) [hereinafter INTERNATIONAL HUMAN RIGHTS IN CONTEXT]. For an excellent overview of the pervasiveness of all forms of violence against women, see HUMAN RIGHTS WATCH, THE HUMAN RIGHTS WATCH GLOBAL REPORT ON WOMEN'S HUMAN RIGHTS (1995). Joan Fitzpatrick, however, notes that it is difficult to accurately determine the extent of violence against women because of the problem of underreporting, particularly of intimate violence. Joan Fitzpatrick, The Use of International Human Rights Norms to Combat Violence Against Women, in HUMAN RIGHTS OF WOMEN, supra note 1, at 532; see also U.N. CENTER FOR SOCIAL DEVELOPMENT AND HUMANITARIAN AFFAIRS, VIOLENCE AGAINST WOMEN IN THE FAMILY, U.N. Doc. ST/CSDHA/2, U.N. Sales No. E.89.IV.5 (1989) [hereinafter UN STUDY].
44. See UN STUDY, supra note 25, at 12; see also UNITED NATIONS, FROM NAIROBI TO BEIJING: SECOND REVIEW AND APPRAISAL OF THE IMPLEMENTATION OF THE NAIROBI FORWARD-LOOKING STRATEGIES FOR THE ADVANCEMENT OF WOMEN, REPORT OF THE SECRETARY-GENERAL, U.N. Sales No. E.95.IV.5 (1995) [hereinafter FROM NAIROBI TO BEDING].
45. See UN STUDY, supra note 25, at 12; see also UNITED NATIONS, FROM NAIROBI TO BEIJING: SECOND REVIEW AND APPRAISAL OF THE IMPLEMENTATION OF THE NAIROBI FORWARD-LOOKING STRATEGIES FOR THE ADVANCEMENT OF WOMEN, REPORT OF THE SECRETARY-GENERAL, U.N. Sales No. E.95.IV.5 (1995) [hereinafter FROM NAIROBI TO BEDING].
46. See, e.g., International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, arts. 6, 7, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976) [hereinafter ICCPR]; American Convention on Human Rights, signed 22 Nov. 1969, O.A.S.T.S. No. 36, O.A.S. Off. Rec. OEA/Ser.L/V/II.23, doc. 21, rev. 6 arts. 4, 5 (1979) (entered into force 18 July 1978), reprinted in 9 I.L.M. 673 (1970); Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted 10 Dec. 1984, G.A. Res. 39/46, U.N. GAOR, 39th Sess., Supp. No. 51, U.N. Doc. A/39/51 (1985) (entered into force 26 June 1987), reprinted in 23 I.L.M. 1027 (1984), substantive changes noted in 24 I.L.M. 535 (1985) [hereinafter Torture Convention]. In Aydin v. Turkey, the European Court of Human Rights held that the rape of a female detainee by an official of the State violated Article 3 of the European Convention on Human Rights. Aydin v. Turkey, 50 Eur. Ct. H.R. at 1904-05 (1997).
47. See HUMAN RIGHTS WATCH, supra note 25, at 341-409; Courtney W. Howland, The Challenge of Religious Fundamentalism to the Liberty and Equality Rights of Women: An Analysis Under the United Nations Charter, 35 COLUM. J. TRANSNAT'L L. 271 (1997).
48. See HUMAN RIGHTS WATCH, supra note 25, at 341-409; Courtney W. Howland, The Challenge of Religious Fundamentalism to the Liberty and Equality Rights of Women: An Analysis Under the United Nations Charter, 35 COLUM. J. TRANSNAT'L L. 271 (1997).
49. See EUROPEAN PARLIAMENT, HUMAN RIGHTS = WOMEN'S RIGHTS?: SUMMARY OF THE PUBLIC HEARING ORGANIZED BY THE COMMITTEE ON WOMEN'S RIGHTS, 26-27 JUNE 1995 (Women's Rights Series Working Paper No. W-7, 1996).
50. See Lori L. Heise, International Dimensions of Violence Against Women, 12 RESPONSE 5 (1989); Howland, supra note 28.
51. See Lori L. Heise, International Dimensions of Violence Against Women, 12 RESPONSE 5 (1989); Howland, supra note 28.
52. See UN STUDY, supra note 25, at 63, 71 ; Kim, supra note 19.
53. UK statistics show that 30,000 women and children stay in refuges every year. However, some refuges receive no grant aid; 20 percent have no full-time staff and only 35 percent of refuge places that were deemed a minimum requirement in 1975 were in place in 1995. See generally, GILL HAGUE & ELLEN MALOS, DOMESTIC VIOLENCE: ACTION FOR CHANGE (1993). For a commentary on the global situation, see FROM NAIROBI TO BEIJING, supra note 26, at 140.
54. UK statistics show that 30,000 women and children stay in refuges every year. However, some refuges receive no grant aid; 20 percent have no full-time staff and only 35 percent of refuge places that were deemed a minimum requirement in 1975 were in place in 1995. See generally, GILL HAGUE & ELLEN MALOS, DOMESTIC VIOLENCE: ACTION FOR CHANGE (1993). For a commentary on the global situation, see FROM NAIROBI TO BEIJING, supra note 26, at 140.
55. See Pamela Goldberg & Nancy Kelly, International Human Rights and Violence Against Women, 6 HARV. HUM. RTS. J. 195 (1993).
56. For example, the international community has, in other circumstances, showed itself willing to regulate what had previously been viewed as sacrosanct private territory - the parental right to be free from interference in child-rearing - when in 1989 it adopted the Convention on the Rights of the Child. Convention on the Rights of the Child, adopted 20 Nov. 1989, G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. No. 49, U.N. Doc. A/44/ 49 (1989) (entered into force 2 Sept. 1990), reprinted in 28 U.M. 1448 (1989).
57. UNITED NATIONS, REPORT OF THE WORLD CONFERENCE OF THE UNITED NATIONS DECADE FOR WOMEN: EQUALITY, DEVELOPMENT AND PEACE, U.N. Doc. A/CONF.94/35, U.N. Sales No. E.80.IV.3 (1980).
58. At the same time, Fitzpatrick notes, the crime prevention agencies of the UN were also addressing domestic violence from a criminological perspective. Fitzpatrick, supra note 25, at 536-37. For a detailed historical discussion of consideration of intimate violence by the international community, see Hilary Charlesworth & Christine Chinkin, Violence Against Women: A Global Issue, in WOMEN, MALE VIOLENCE AND THE LAW 13 (Julie Stubbs ed., 1994).
59. UNITED NATIONS, REPORT OF THE WORLD CONFERENCE TO REVIEW AND APPRAISE THE ACHIEVEMENTS OF THE UNITED NATIONS DECADE FOR WOMEN: EQUALITY, DEVELOPMENT AND PEACE, U.N. Sales No. E.85.IV.10 (1985).
60. Id. ¶ 228.
61. Expert Group Meeting on Violence in the Family with Special Emphasis on its Effects on Women, ECOSOC Resolution 1986/10, cited in Charlesworth & Chinkin, supra note 36, at n.43.
62. Report of the Committee on the Elimination of Discrimination Against Women: General Recommendation No. 12 (8th Sess. 1989), U.N. GAOR, 44th Sess., U.N. Doc. A/44/38 (1992) [hereinafter General Recommendation No. 12].
63. Id.
64. Report of the Committee on the Elimination of Discrimination Against Women: General Recommendation No. 19 (11th Sess. 1992), U.N. GAOR, 47th Sess., U.N. Doc. A/47/ 38 (1992) [hereinafter General Recommendation No. 19].
65. Id. ¶ 1.
66. Id. ¶ 4.
67. Women's Convention, supra note 6, ¶ 2(e).
68. General Recommendation No. 19, supra note 42, ¶ 9.
69. HALIMA EMBAREK WARZAZI, STUDY ON TRADITIONAL PRACTICES AFFECTING THE HEALTH OF WOMEN AND CHILDREN, SPECIAL RAPPORTEUR ON TRADITIONAL PRACTICES AFFECTING THE HEALTH OF WOMEN AND CHILDREN, U.N. Doc. E/CN.4/Sub.2/1991/6 (1991).
70. See Report of the Expert Group Meeting on Measures to Eradicate Violence Against Women, Vienna, 11-15 November 1991, U.N. Doc. EGM/VAW/1991/1 (1991), cited in Charlesworth & Chinkin, supra note 36.
71. See Report on the Results of the Meeting of Experts to Consider the Viability of an InterAmerican Convention on Women and Violence, O.A.S. Doc. OEA/Ser.L/II.7.4, CIM/ doc.1/91 (1991).
72. First Conference of European Ministers on Physical and Sexual Violence Against Women, 15 March 1991, cited in Romany, supra note 92, at 112 n.67.
73. In particular, the Global Tribunal on Violations of Women's Human Rights, organized by the Women's Global Leadership Group, was instrumental in placing the question of violence on the agenda for the World Conference. See Elisabeth Friedman, Women's Human Rights: The Emergence of a Movement, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra note 1, at 18; Donna J. Sullivan, Women's Human Rights and the 1993 World Conference on Human Rights, 88 AM. J. INT'L L. 152 (1994). For a discussion of the crucial role played by women's nongovernmental organizations in the run-up to Vienna and in framing the debate on violence against women, see Mona Zulficar, From Human Rights to Program Reality: Vienna, Cairo, and Beijing in Perspective, 44 AM. U. L. REV. 1017 (1995) (highlighting the role played by women's groups at Vienna in asserting the indivisibility of rights and their ongoing efforts to keep the issue of violence on the international agenda at the 1994 Cairo Conference on Population and Development).
74. In particular, the Global Tribunal on Violations of Women's Human Rights, organized by the Women's Global Leadership Group, was instrumental in placing the question of violence on the agenda for the World Conference. See Elisabeth Friedman, Women's Human Rights: The Emergence of a Movement, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra note 1, at 18; Donna J. Sullivan, Women's Human Rights and the 1993 World Conference on Human Rights, 88 AM. J. INT'L L. 152 (1994). For a discussion of the crucial role played by women's nongovernmental organizations in the run-up to Vienna and in framing the debate on violence against women, see Mona Zulficar, From Human Rights to Program Reality: Vienna, Cairo, and Beijing in Perspective, 44 AM. U. L. REV. 1017 (1995) (highlighting the role played by women's groups at Vienna in asserting the indivisibility of rights and their ongoing efforts to keep the issue of violence on the international agenda at the 1994 Cairo Conference on Population and Development).
75. In particular, the Global Tribunal on Violations of Women's Human Rights, organized by the Women's Global Leadership Group, was instrumental in placing the question of violence on the agenda for the World Conference. See Elisabeth Friedman, Women's Human Rights: The Emergence of a Movement, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra note 1, at 18; Donna J. Sullivan, Women's Human Rights and the 1993 World Conference on Human Rights, 88 AM. J. INT'L L. 152 (1994). For a discussion of the crucial role played by women's nongovernmental organizations in the run-up to Vienna and in framing the debate on violence against women, see Mona Zulficar, From Human Rights to Program Reality: Vienna, Cairo, and Beijing in Perspective, 44 AM. U. L. REV. 1017 (1995) (highlighting the role played by women's groups at Vienna in asserting the indivisibility of rights and their ongoing efforts to keep the issue of violence on the international agenda at the 1994 Cairo Conference on Population and Development).
76. Vienna Declaration, supra note 2, part I, ¶ 18. The proceedings of the regional preparatory meetings for the World Conference endorsed the need for action on the issue of violence. Both the San José Declaration, which emerged from the Latin-American regional meeting, and the Bangkok Declaration, which emanated from the Asian regional meeting, called for international action to tackle the issue of violence against women. See also paragraph 19 of the Tunis Declaration from the African Regional Meeting. For a discussion of these instruments, see Sullivan, supra note 51.
77. Paragraph 40 of the Programme of Action called for the appointment of a special rapporteur on violence. Vienna Declaration, supra note 2, part II, ¶ 40. Radhika Coomaraswamy was appointed in pursuance to Commission on Human Rights Resolution 1994/45. See Question of Integrating the Rights of Women into the Human Rights Mechanisms of the UN and the Elimination of Violence Against Women, U.N. ESCOR, 50th Sess., Supp. No. 4, at 140, U.N. Doc. E/1994/24 (1994). Paragraph 38 of the Programme of Action also expressed support for the Draft Declaration on Violence Against Women. Vienna Declaration, supra note 2, part II, ¶ 38.
78. See Fitzpatrick, supra note 25, at 537-38.
79. See id.
80. See id.; Charlesworth & Chinkin, supra note 36.
81. Declaration of the Third European Ministerial Conference on Equality Between Men and Women, Rome, 21-22 October 1993: Strategies for the Elimination of Violence Against Women in Society: The Media and Other Means, Council of Europe Doc. No. MEG.3(93)22 (1993). The Declaration endorses a plan of action that embraces an examination of law enforcement issues, prevention, and education measures as well as recommending full implementation of existing human rights standards that condemn violence against women in addition to a possible Protocol to the European Convention on Human Rights on equality between men and women.
82. Ratified by Bolivia and Venezuela. As of January 1998, the Convention had been ratified by a total of twenty-seven states.
83. Inter-American Convention, supra note 4, pmbl.; DEVAW, supra note 3, pmbl.
84. Inter-American Convention, supra note 4, art. 1.
85. Id. art. 4.
86. Id art. 3.
87. Id. art. 8. These include a duty: (a) to promote awareness of a woman's right to be free from violence; (b) to promote education programs designed to counteract "prejudices, customs and all other practices . . . which legitimize or exacerbate violence against women"; (c) to provide training to law enforcement personnel on policies aimed at the prevention and eradication of violence; (d) to provide specialized services for women, including sheltered housing . . .; (e) to engage in research into the causes and frequency of violence, with particular emphasis upon the collection of statistical data by which to measure the efficacy of measures taken to prevent, punish, and eradicate violence. Id.
88. Id. art. 7.
89. Id. art. 7(b).
90. Id. arts. 7(e), (f), (g).
91. Id. art. 10.
92. Id. art. 12. It is interesting, but unfortunate that the right of complaint does not extend to the progressive obligations enshrined in Article 8, which Andrew Byrnes & Jane Connors argue are capable of independent scrutiny. Andrew Byrnes & Jane Connors, Enforcing the Human Rights of Women: A Complaints Procedure for the Women's Convention?, 21 BROOK. J. INT'L L. 679, 735 (1996).
93. Inter-American Convention, supra note 4, art. 11. See Anthony P. Ewing, Establishing State Responsibility for Private Acts of Violence Against Women Under the American Convention on Human Rights, 26 COLUM. HUM. RTS. L. REV. 751 (1995).
94. Although in principle the Convention is open to ratification by any state and not simply state parties to the Organization of American States (OAS), to date the Convention has been ratified only by state parties to the OAS.
95. DEVAW, supra note 3, pmbl.
96. A wider definition was favored by the expert group that prepared the first draft, which purported to extend the definition of violence to encompass the "degrading representation of women in the media." See Charlesworth & Chinkin, supra note 36, at 24.
97. DEVAW, supra note 3, pmbl.
98. Id. art. 3.
99. Id.
100. Id. art. 4.
101. See Rhonda Copelon, Intimate Terror: Understanding Domestic Violence as Torture, in HUMAN RIGHTS OF WOMEN, supra note 1, at 116, 132.
102. See Charlesworth, supra note 20, at 257.
103. DEVAW, supra note 3, art. 4(a).
104. Id. art. 4(c).
105. Id. art. 4(d).
106. Id. art. 4.
107. Id. pmbl.
108. Id. art. 2(c).
109. Id. art. 4(c).
110. Article 4(d) provides: "women who are subjected to violence should be provided with access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies for the harm that they have suffered." Id. art. 4(d). As Charlesworth comments, these provisions undermine the "significance of international regulation by preserving the private sphere of national regulation, in which violence against women invariably receives different and less serious attention than violence against men." Charlesworth, supra note 20, at 259.
111. Sullivan, supra note 51, at 152.
112. See Charlesworth, supra note 20, at 258. The reason for this failure was due to opposition from a number of states that argued that to enshrine violence against women, including that occurring in the private sphere, as a human rights violation would undermine traditional theories of human rights. See Fitzpatrick, supra note 25. Significant controversy has attended the debate surrounding the defining of private violence as a human rights issue. Kenneth Roth has argued that to see any act of intimate violence as a human rights violation may undermine the value and universality of human rights law. In his view, the selection of groups for special protection sets a bad precedent. See Kenneth Roth, Domestic Violence as an International Human Rights Issue, in HUMAN RIGHTS OF WOMEN, supra note 1, at 326. Others, however, have argued that intimate violence against women is different from other forms of violence that should properly be a matter for law enforcement because it is group-based and has as its purpose the maintenance of the subordination of that group. See Copelon, supra note 68. The former Secretary-General called for the Declaration to be put into binding legal form. Boutros-Boutros Ghali, International Women's Day Address, in THE UNITED NATIONS AND THE ADVANCEMENT OF WOMEN 1945-1995, UN Sales No. E.95.1.29, at 54 (1995).
113. See Charlesworth, supra note 20, at 258. The reason for this failure was due to opposition from a number of states that argued that to enshrine violence against women, including that occurring in the private sphere, as a human rights violation would undermine traditional theories of human rights. See Fitzpatrick, supra note 25. Significant controversy has attended the debate surrounding the defining of private violence as a human rights issue. Kenneth Roth has argued that to see any act of intimate violence as a human rights violation may undermine the value and universality of human rights law. In his view, the selection of groups for special protection sets a bad precedent. See Kenneth Roth, Domestic Violence as an International Human Rights Issue, in HUMAN RIGHTS OF WOMEN, supra note 1, at 326. Others, however, have argued that intimate violence against women is different from other forms of violence that should properly be a matter for law enforcement because it is group-based and has as its purpose the maintenance of the subordination of that group. See Copelon, supra note 68. The former Secretary-General called for the Declaration to be put into binding legal form. Boutros-Boutros Ghali, International Women's Day Address, in THE UNITED NATIONS AND THE ADVANCEMENT OF WOMEN 1945-1995, UN Sales No. E.95.1.29, at 54 (1995).
114. See Charlesworth, supra note 20, at 258. The reason for this failure was due to opposition from a number of states that argued that to enshrine violence
115. See Moira L. McConnell, Violence Against Women: Beyond the Limits of the Law, 21 BROOK. J. INT'L L. 899 (1996).
116. See id.
117. DEVAW, supra note 3, art. 4(c).
118. See Celina Romany, State Responsibility Goes Private: A Feminist Critique of the Public/ Private Distinction in International Human Rights Law, in HUMAN RIGHTS OF WOMEN, supra note 1, at 85. The importance of language has been captured by Katarina Tomaševski who argues: "[i]t is a truism that words are instruments rather than labels; the language we use reflects our image of reality." KATARINA TOMAŠEVSKI, WOMEN AND HUMAN RIGHTS ix (1993).
119. See Celina Romany, State Responsibility Goes Private: A Feminist Critique of the Public/ Private Distinction in International Human Rights Law, in HUMAN RIGHTS OF WOMEN, supra note 1, at 85. The importance of language has been captured by Katarina Tomaševski who argues: "[i]t is a truism that words are instruments rather than labels; the language we use reflects our image of reality." KATARINA TOMAŠEVSKI, WOMEN AND HUMAN RIGHTS ix (1993).
120. See Charlesworth, supra note 1.
121. STEINER & ALSTON, supra note 25, at 905 (citing FELICE GAER, HUMAN RIGHTS AT THE UN: WOMEN'S RIGHTS ARE HUMAN RIGHTS (1989)).
122. STEINER & ALSTON, supra note 25, at 905 (citing FELICE GAER, HUMAN RIGHTS AT THE UN: WOMEN'S RIGHTS ARE HUMAN RIGHTS (1989)).
123. Rosalie Abella, From Civil Liberties to Human Rights: Acknowledging the Differences, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY, supra note 23, at 61.
124. See Andrew Byrnes, Toward More Effective Enforcement of Women's Human Rights Through the Use of International Human Rights Law and Procedures, in HUMAN RIGHTS OF WOMEN, supra note 1, at 189. The separation of "women's human rights bodies" from the "mainstream" is compounded by its geographical separation. Most of the treaty-based bodies are based predominantly in Geneva, the site of the Centre for Human Rights, but the CEDAW is based in New York as is the Division for the Advancement of Women, which moved there from Vienna in 1993. See Gallagher, supra note 14.
125. Stamatopoulou points out that since their creation in the 1940s there has been a marked divergence between the work of the Commission on Human Rights (CHR) and the Commission on the Status of Women (CSW). The former has made significant use of the 1503 procedure, which permits the Human Rights Commission to consider communications that reveal "a consistent pattern of gross and reliably attested violations of human rights," to highlight egregious human rights abuses. However, the CHR has made little contribution to addressing gender-based human rights violations. Stamatopoulou, supra note 1. See also Byrnes, supra note 96. It was not until 1984 that the CSW, following a period of stagnation during the late 1970s and early 1980s, was granted the authority by ECOSOC to receive and respond to communications that reveal a consistent pattern of reliably attested injustice and discriminatory practices against women. Stamatopoulou, supra note 1. See also Margaret E. Galey, International Enforcement of Women's Rights, HUM. RTS. Q. 463 (1984).
126. See Byrnes & Connors, supra note 68, at 779; see also Res.9/1 Meeting Time of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 51st Sess., Provisional Agenda Item 105, U.N. Doc. A/51/277, Annex I, (1996). From its Seventeenth Session in 1997, the Committee commenced the practice of holding two sessions annually, each of three weeks duration. See Report of the Committee on the Elimination of All Forms of Discrimination Against Women, U.N. GAOR, 16th Sess., ¶ 7, U.N. Doc. A/52/38/Rev.1 (1997) (documenting the decision to meet twice annually) [hereinafter Report of the Committee's 16th Session]; Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 17th Sess., ¶¶ 5-6, U.N. Doc. A/52/38/Rev.1 (1997).
127. See Byrnes & Connors, supra note 68, at 779; see also Res.9/1 Meeting Time of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 51st Sess., Provisional Agenda Item 105, U.N. Doc. A/51/277, Annex I, (1996). From its Seventeenth Session in 1997, the Committee commenced the practice of holding two sessions annually, each of three weeks duration. See Report of the Committee on the Elimination of All Forms of Discrimination Against Women, U.N. GAOR, 16th Sess., ¶ 7, U.N. Doc. A/52/38/Rev.1 (1997) (documenting the decision to meet twice annually) [hereinafter Report of the Committee's 16th Session]; Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 17th Sess., ¶¶ 5-6, U.N. Doc. A/52/38/Rev.1 (1997).
128. See Byrnes & Connors, supra note 68, at 779; see also Res.9/1 Meeting Time of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 51st Sess., Provisional Agenda Item 105, U.N. Doc. A/51/277, Annex I, (1996). From its Seventeenth Session in 1997, the Committee commenced the practice of holding two sessions annually, each of three weeks duration. See Report of the Committee on the Elimination of All Forms of Discrimination Against Women, U.N. GAOR, 16th Sess., ¶ 7, U.N. Doc. A/52/38/Rev.1 (1997) (documenting the decision to meet twice annually) [hereinafter Report of the Committee's 16th Session]; Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 17th Sess., ¶¶ 5-6, U.N. Doc. A/52/38/Rev.1 (1997).
129. See Byrnes & Connors, supra note 68, at 779; see also Res.9/1 Meeting Time of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 51st Sess., Provisional Agenda Item 105, U.N. Doc. A/51/277, Annex I, (1996). From its Seventeenth Session in 1997, the Committee commenced the practice of holding two sessions annually, each of three weeks duration. See Report of the Committee on the Elimination of All Forms of Discrimination Against Women, U.N. GAOR, 16th Sess., ¶ 7, U.N. Doc. A/52/38/Rev.1 (1997) (documenting the decision to meet twice annually) [hereinafter Report of the Committee's 16th Session]; Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, 17th Sess., ¶¶ 5-6, U.N. Doc. A/52/38/Rev.1 (1997).
130. See Byrnes & Connors, supra note 68. As of 10 November 1997, a total of fifty-seven initial reports were overdue, five overdue by fifteen years; forty-five second periodic reports and forty-three third periodic reports were overdue as were forty-six fourth periodic reports. A total of fifty-two state reports that had been submitted had not yet been considered by the Committee. See Consideration of Reports Submitted by State Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 18th Sess., Agenda Item 4, U.N. Doc. CEDAW/C/1998/1/2 (1998). For the most recent available statistics of reports overdue at the time of the Committee's Nineteenth Session in July 1998, see Report of the Secretariat: Ways and Means of Expediting the Work of the Committee, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 19th Sess., U.N. Doc. CEDAW/C/1998/II/4, Annex I, (1998) [hereinafter 1998 Ways and Means Report]. At its Seventeenth Session the Committee decided that it would consider a maximum of eight reports in each session. See Decision 17/II, Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, Comm. for Elim. of Discrim. Against Women, 17th Sess., ¶ 34, U.N. Doc. A/52/38/Rev.1 (1997).
131. See Byrnes & Connors, supra note 68. As of 10 November 1997, a total of fifty-seven initial reports were overdue, five overdue by fifteen years; forty-five second periodic reports and forty-three third periodic reports were overdue as were forty-six fourth periodic reports. A total of fifty-two state reports that had been submitted had not yet been considered by the Committee. See Consideration of Reports Submitted by State Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 18th Sess., Agenda Item 4, U.N. Doc. CEDAW/C/1998/1/2 (1998). For the most recent available statistics of reports overdue at the time of the Committee's Nineteenth Session in July 1998, see Report of the Secretariat: Ways and Means of Expediting the Work of the Committee, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 19th Sess., U.N. Doc. CEDAW/C/1998/II/4, Annex I, (1998) [hereinafter 1998 Ways and Means Report]. At its Seventeenth Session the Committee decided that it would consider a maximum of eight reports in each session. See Decision 17/II, Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, Comm. for Elim. of Discrim. Against Women, 17th Sess., ¶ 34, U.N. Doc. A/52/38/Rev.1 (1997).
132. See Byrnes & Connors, supra note 68. As of 10 November 1997, a total of fifty-seven initial reports were overdue, five overdue by fifteen years; forty-five second periodic reports and forty-three third periodic reports were overdue as were forty-six fourth periodic reports. A total of fifty-two state reports that had been submitted had not yet been considered by the Committee. See Consideration of Reports Submitted by State Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 18th Sess., Agenda Item 4, U.N. Doc. CEDAW/C/1998/1/2 (1998). For the most recent available statistics of reports overdue at the time of the Committee's Nineteenth Session in July 1998, see Report of the Secretariat: Ways and Means of Expediting the Work of the Committee, U.N. ESCOR, Comm. for Elim. of Discrim. Against Women, 19th Sess., U.N. Doc. CEDAW/C/1998/II/4, Annex I, (1998) [hereinafter 1998 Ways and Means Report]. At its Seventeenth Session the Committee decided that it would consider a maximum of eight reports in each session. See Decision 17/II, Report of the Committee on the Elimination of Discrimination Against Women, U.N. GAOR, Comm. for Elim. of Discrim. Against Women, 17th Sess., ¶ 34, U.N. Doc. A/52/38/Rev.1 (1997).
133. See Rebecca J. Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30 VA. J. INT'L L. 643 (1990); see also C.M. Chinkin, Women's Rights as Human Rights Under International Law, in UNDERSTANDING HUMAN RIGHTS 553 (Conor Gearty & Adam Tomkins eds., 1996).
134. See Rebecca J. Cook, Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30 VA. J. INT'L L. 643 (1990); see also C.M. Chinkin, Women's Rights as Human Rights Under International Law, in UNDERSTANDING HUMAN RIGHTS 553 (Conor Gearty & Adam Tomkins eds., 1996).
135. International Covenant on Economic, Social and Cultural Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3 (entered into force 3 Jan. 1976) [hereinafter ICESCR].
136. Economic, social and cultural rights have traditionally been considered by many commentators to be "sidelined" by the human rights community. An optional protocol to the ICESCR is, however, currently being considered. See Katarina Tomaševski, Justiciability of Economic, Social and Cultural Rights, 55 I.C.J. REV. 203 (1995); Manfred Nowak, The Need for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 55 I.C.J. REV. 153 (1995); see also Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Report of the Secretary-General, U.N. ESCOR, 54th Sess., Prov. Agenda Item 13, U.N. Doc. E/CN.4/ 1998/84 (1998).
137. Economic, social and cultural rights have traditionally been considered by many commentators to be "sidelined" by the human rights community. An optional protocol to the ICESCR is, however, currently being considered. See Katarina Tomaševski, Justiciability of Economic, Social and Cultural Rights, 55 I.C.J. REV. 203 (1995); Manfred Nowak, The Need for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 55 I.C.J. REV. 153 (1995); see also Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Report of the Secretary-General, U.N. ESCOR, 54th Sess., Prov. Agenda Item 13, U.N. Doc. E/CN.4/ 1998/84 (1998).
138. Economic, social and cultural rights have traditionally been considered by many commentators to be "sidelined" by the human rights community. An optional protocol to the ICESCR is, however, currently being considered. See Katarina Tomaševski, Justiciability of Economic, Social and Cultural Rights, 55 I.C.J. REV. 203 (1995); Manfred Nowak, The Need for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 55 I.C.J. REV. 153 (1995); see also Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Report of the Secretary-General, U.N. ESCOR, 54th Sess., Prov. Agenda Item 13, U.N. Doc. E/CN.4/ 1998/84 (1998).
139. See Vienna Declaration, supra note 2, part II, ¶ 37.
140. Id. part II, ¶¶ 39-40. For a discussion of the CEDAW's work to address the issue of reservations to the Women's Convention, see Report of the Secretariat: Ways and Means of Expediting the Work of the Committee, U.N. ESCOR, Comm. on Elim. Discrim. Against Women, 14th Sess., Prov. Agenda Item 8, U.N. Doc. CEDAW/C/1995/6 (1994).
141. Beijing Declaration, supra note 5, ¶¶ 230 (a)-(c), (k).
142. See 1998 Ways and Means Report, supra note 99.
143. Guidelines for Preparation of Reports by States Parties, U.N. ESCOR, Comm. on Elim. Discrim. Against Women, 16th Sess., U.N. Doc. CEDAW/C/7/Rev.3 (1996).
144. Report of the Secretariat: Ways and Means of Expediting the Work of the Committee, U.N. ESCOR, Comm. on Elim. Discrim. Against Women, 16th Sess., Prov. Agenda Item 8, U.N. Doc. CEDAW/C/1997/5 (1996) [hereinafter 1996 Ways and Means Report].
145. See Decision 17/1, Report of the Committee on the Elimination of All Forms of Discrimination Against Women, U.N. GAOR, 17th Sess., U.N. Doc. A/52/38/Rev.1 (1997).
146. See 1996 Ways and Means Report, supra note 108. For a discussion of the practice of the Human Rights Committee (HRC) in requesting ad hoc reports, see Ineke Boerefijn, Towards a Strong System of Supervision: The Human Rights Committee's Role in Reforming the Reporting Procedure Under Article 40 of the Covenant on Civil and Political Rights, 17 HUM. RTS. Q. 766 (1995); Manfred Nowak, The Activities of the UN Human Rights Committee: Developments from 1 August 1992 to 31 July 1995, 16 HUM. RTS. L.J. 377 (1995). For details of the most recent proposals before the Committee to address the problem of overdue reports, see 1998 Ways and Means Report, supra note 99, ¶¶ 19-22.
147. See 1996 Ways and Means Report, supra note 108. For a discussion of the practice of the Human Rights Committee (HRC) in requesting ad hoc reports, see Ineke Boerefijn, Towards a Strong System of Supervision: The Human Rights Committee's Role in Reforming the Reporting Procedure Under Article 40 of the Covenant on Civil and Political Rights, 17 HUM. RTS. Q. 766 (1995); Manfred Nowak, The Activities of the UN Human Rights Committee: Developments from 1 August 1992 to 31 July 1995, 16 HUM. RTS. L.J. 377 (1995). For details of the most recent proposals before the Committee to address the problem of overdue reports, see 1998 Ways and Means Report, supra note 99, ¶¶ 19-22.
148. See 1996 Ways and Means Report, supra note 108, ¶ 43.
149. See id. ¶ 37.
150. See Nowak, supra note 110.
151. A similar practice has emerged within the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child. See 1996 Ways and Means Report, supra note 108, ¶¶ 9-11. In February 1998, a statement by the representative of the Secretary-General indicated that the CEDAW is now inviting specialized agencies and NGOs to present information to the Committee's presessional working group on state periodic reports. See States Parties to the Convention on Elimination of Discrimination Against Women Elect Twelve Experts to Serve on Monitoring Body, U.N. Doc. PR/WOM/1028 (1998).
152. A similar practice has emerged within the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child. See 1996 Ways and Means Report, supra note 108, ¶¶ 9-11. In February 1998, a statement by the representative of the Secretary-General indicated that the CEDAW is now inviting specialized agencies and NGOs to present information to the Committee's presessional working group on state periodic reports. See States Parties to the Convention on Elimination of Discrimination Against Women Elect Twelve Experts to Serve on Monitoring Body, U.N. Doc. PR/WOM/1028 (1998).
153. See 1996 Ways and Means Report, supra note 108, ¶¶ 28-39; Implementation of the International Covenant on Economic, Social and Cultural Rights, U.N. ESCOR, Comm. on Econ., Soc. & Cult. Rts., 8th Sess., U.N. Doc. E/C.12/1993/WP.14 (1993).
154. See 1996 Ways and Means Report, supra note 108, ¶¶ 28-39; Implementation of the International Covenant on Economic, Social and Cultural Rights, U.N. ESCOR, Comm. on Econ., Soc. & Cult. Rts., 8th Sess., U.N. Doc. E/C.12/1993/WP.14 (1993).
155. See 1996 Ways and Means Report, supra note 108, ¶ 47.
156. See id. ¶ 48. See Salma Kahn, Report of the Activities of the Chairperson Between the Nineteenth and Twentieth Sessions of the CEDAW, available in 〈http;//www.un.org/ womenwatch/daw/cedaw/salma.htm〉.
157. See id. ¶ 48. See Salma Kahn, Report of the Activities of the Chairperson Between the Nineteenth and Twentieth Sessions of the CEDAW, available in 〈http;//www.un.org/ womenwatch/daw/cedaw/salma.htm〉.
158. See Gallagher, supra note 14.
159. See Nowak, supra note 110. See generally DOMINIC MCGOLDRICK, THE HUMAN RIGHTS COMMITTEE: ITS ROLE IN THE DEVELOPMENT OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (1991).
160. See Nowak, supra note 110. See generally DOMINIC MCGOLDRICK, THE HUMAN RIGHTS COMMITTEE: ITS ROLE IN THE DEVELOPMENT OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (1991).
161. See 1996 Ways and Means Report, supra note 108, ¶¶ 43-48.
162. Id. ¶ 15. See also Decision 16/1, Report of the Committee's 16th Session, supra note 98, Annex II.
163. Id. ¶ 15. See also Decision 16/1, Report of the Committee's 16th Session, supra note 98, Annex II.
164. 1998 Ways and Means Report, supra note 99, Annex III, ¶¶ 12-15.
165. See Charlesworth & Chinkin, supra note 36.
166. In 1994, the chairpersons of the UN treaty-based human rights bodies recommended the amendment of the periodic reporting guidelines to include information on gender issues. In 1995, the HRC responded by amending its reporting guidelines to require state parties to provide gender-specific information in their reports. See Guidelines Regarding the Form and Contents of Periodic Reports from States Parties, U.N. GAOR, Hum. Rts. Comm., 53rd Sess., U.N. Doc. CCPR/C/20/Rev.2 (1995). However, it did not go so far as to require states to comment on the application of each provision in the Convention to women. By contrast, the CERD refused to integrate gender issues into its reporting guidelines. See Gallagher, supra note 14.
167. A fuller version of the following section appears in Ursula O'Hare, Ending the 'Ghettoisation': The Right of Individual Petition to the Women's Convention, 5 WEB J. CURRENT LEGAL ISSUES (1997), available in 〈http://webjcli.ncl.ac.uk/1997/issue5/ o'hare5.html〉.
168. Little attention was paid to the possibility of an individual complaint procedure during the drafting of the Women's Convention for a number of reasons. Some states took the view that the subject matter of the Convention was considered by some states to be insufficiently serious to merit a right of individual petition, while others were concerned about proliferation and the lack of evidence of the success of other individual petition procedures. See Byrnes & Connors, supra note 68; Galey, supra note 97. See generally LARS ADAMS REHOF, GUIDE TO THE TRAVAUX PRÉPARATOIRES OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1993).
169. Little attention was paid to the possibility of an individual complaint procedure during the drafting of the Women's Convention for a number of reasons. Some states took the view that the subject matter of the Convention was considered by some states to be insufficiently serious to merit a right of individual petition, while others were concerned about proliferation and the lack of evidence of the success of other individual petition procedures. See Byrnes & Connors, supra note 68; Galey, supra note 97. See generally LARS ADAMS REHOF, GUIDE TO THE TRAVAUX PRÉPARATOIRES OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1993).
170. Report of the Expert Group Meeting on Violence Against Women, U.N. Doc. EGM/ VAW/1991/1 (1991).
171. See Byrnes & Connors, supra note 68, at 690. The case for the introduction of an optional protocol was augmented when the Special Rapporteur in her first report to the Commissioner on Human Rights advocated an optional protocol as a means to "ensure that women victims of violence have a final recourse under an international human rights instrument to have their rights established and vindicated." Preliminary Report Submitted by the Special Rapporteur on Violence Against Women, its Causes and Consequences, Ms. Radhika Coomaraswamy, Submitted in Accordance with Commission on Human Rights Resolution 1994/45, U.N. ESCOR, Comm'n on Hum. Rts., 50th Sess., Agenda Item 11 (a), U.N. Doc. E/CN.4/1995/42 (1995) [hereinafter Preliminary Report].
172. The meeting was convened by the Women in the Law Project of the International Human Rights Law Group. See Byrnes & Connors, supra note 68, at 690.
173. Beijing Declaration, supra note 5, ¶ 230(k).
174. Byrnes & Connors, supra note 68, at 694-95.
175. See Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 40th Sess., Prov. Agenda Item 5(b), U.N. Doc. E/CN.6/1996/10 (1996).
176. Additional Views of Governments, Intergovernmental Organizations and Non-Governmental Organizations on an Optional Protocol to the Convention, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, U.N. Doc. E/CN.6/1997/5 (1997) [hereinafter Additional Views]. Since 1996, a Working Group of the CSW has been responsible for taking forward the draft optional protocol. See Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/ WG/L.1 (1997); Report of the Open-Ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, 41st Sess., U.N. Doc. E/1997/27, Annex III (1997); Revised Draft Optional Protocol Submitted by the Chairperson on the Basis of the Compliation Text Contained in Doc. E/CN.6/1997/WG/L.1 (1997) and Proposals Made to the Forty-First Session of the Commission on the Status of Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/WG/L.3 and Add.1 (1997) [hereinafter Revised Draft]; Commission on the Status of Women, Report on the Forty-Second Session, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/1998/27, Chapter V, Annex II and Appendix I (1998) [hereinafter Report on the Forty-Second Session].
177. Additional Views of Governments, Intergovernmental Organizations and Non-Governmental Organizations on an Optional Protocol to the Convention, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, U.N. Doc. E/CN.6/1997/5 (1997) [hereinafter Additional Views]. Since 1996, a Working Group of the CSW has been responsible for taking forward the draft optional protocol. See Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/ WG/L.1 (1997); Report of the Open-Ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, 41st Sess., U.N. Doc. E/1997/27, Annex III (1997); Revised Draft Optional Protocol Submitted by the Chairperson on the Basis of the Compliation Text Contained in Doc. E/CN.6/1997/WG/L.1 (1997) and Proposals Made to the Forty-First Session of the Commission on the Status of Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/WG/L.3 and Add.1 (1997) [hereinafter Revised Draft]; Commission on the Status of Women, Report on the Forty-Second Session, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/1998/27, Chapter V, Annex II and Appendix I (1998) [hereinafter Report on the Forty-Second Session].
178. Additional Views of Governments, Intergovernmental Organizations and Non-Governmental Organizations on an Optional Protocol to the Convention, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, U.N. Doc. E/CN.6/1997/5 (1997) [hereinafter Additional Views]. Since 1996, a Working Group of the CSW has been responsible for taking forward the draft optional protocol. See Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/ WG/L.1 (1997); Report of the Open-Ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, 41st Sess., U.N. Doc. E/1997/27, Annex III (1997); Revised Draft Optional Protocol Submitted by the Chairperson on the Basis of the Compliation Text Contained in Doc. E/CN.6/1997/WG/L.1 (1997) and Proposals Made to the Forty-First Session of the Commission on the Status of Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/WG/L.3 and Add.1 (1997) [hereinafter Revised Draft]; Commission on the Status of Women, Report on the Forty-Second Session, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/1998/27, Chapter V, Annex II and Appendix I (1998) [hereinafter Report on the Forty-Second Session].
179. Additional Views of Governments, Intergovernmental Organizations and Non-Governmental Organizations on an Optional Protocol to the Convention, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, U.N. Doc. E/CN.6/1997/5 (1997) [hereinafter Additional Views]. Since 1996, a Working Group of the CSW has been responsible for taking forward the draft optional protocol. See Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/ WG/L.1 (1997); Report of the Open-Ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, 41st Sess., U.N. Doc. E/1997/27, Annex III (1997); Revised Draft Optional Protocol Submitted by the Chairperson on the Basis of the Compliation Text Contained in Doc. E/CN.6/1997/WG/L.1 (1997) and Proposals Made to the Forty-First Session of the Commission on the Status of Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/WG/L.3 and Add.1 (1997) [hereinafter Revised Draft]; Commission on the Status of Women, Report on the Forty-Second Session, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/1998/27, Chapter V, Annex II and Appendix I (1998) [hereinafter Report on the Forty-Second Session].
180. Additional Views of Governments, Intergovernmental Organizations and Non-Governmental Organizations on an Optional Protocol to the Convention, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, U.N. Doc. E/CN.6/1997/5 (1997) [hereinafter Additional Views]. Since 1996, a Working Group of the CSW has been responsible for taking forward the draft optional protocol. See Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/ WG/L.1 (1997); Report of the Open-Ended Working Group on the Elaboration of a Draft Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, U.N. ESCOR, 41st Sess., U.N. Doc. E/1997/27, Annex III (1997); Revised Draft Optional Protocol Submitted by the Chairperson on the Basis of the Compliation Text Contained in Doc. E/CN.6/1997/WG/L.1 (1997) and Proposals Made to the Forty-First Session of the Commission on the Status of Women, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., U.N. Doc. E/CN.6/1997/WG/L.3 and Add.1 (1997) [hereinafter Revised Draft]; Commission on the Status of Women, Report on the Forty-Second Session, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/1998/27, Chapter V, Annex II and Appendix I (1998) [hereinafter Report on the Forty-Second Session].
181. For a recent comparative analysis of the draft protocol, see Annotated Comparison of the Draft Optional Protocol and the Amendments Proposed Thereto with the Provisions of Existing International Human Rights Instruments, Report of the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 42d Sess., U.N. Doc. E/CN.6/1998/7 (1998).
182. The Maastricht draft optional protocol is set out in Byrnes and Connors, supra note 68. The draft upon which the CSW received initial comments can be found in Additional Views, supra note 133. In this document, the provisions of the draft protocol are referred to as "Element 1, 2, 3, etc." and this terminology is maintained here to refer to the provisions of the initial draft. A more recent draft is contained in Revised Draft, supra note 133; and the current draft can be found in Report on the Forty-Second Session, supra note 133, Appendix I.
183. Additional Views, supra note 133, Element 7. This is a significantly wider grant of standing than that under the ICCPR, and although it most closely mirrors the approach to standing under Article 14(1) of the CERD, it goes yet wider than both. Under the Torture Convention (Art. 22(1)), and the OP to the ICCPR (Arts. 1 & 2), only individuals can submit a communication to the respective bodies. The HRC has been cautious in its approach to standing, granting standing to submit a communication to the family of victims where the victim is unable to do so, see Massera v. Uruguay, Comm. No. R.1/5, U.N. GAOR, Supp. No. 40, at 124, U.N. Doc. A/34/40 (1979); Mbenge v. Zaire, Comm. No. 16/1977, U.N. GAOR, Supp. No. 40, at 134, U.N. Doc. A/38/40 (1983), but refusing standing to NGOs to take a group action or submit communications on behalf of individuals, see Group of Ass'ns for the Defence of the Rights of Disabled & Handicapped Persons in Italy etc. v. Italy, Comm. No. 163/1984, U.N. GAOR, Hum. Rts. Comm., at 47, U.M. Doc. CCPR/C/OP1 (1984); U.R. v. Uruguay, Comm. No. 128/ 82, U.M. GAOR, U.N. Doc. A/38/40 (1983). For a discussion of locus standi under the OP to the ICCPR, see McGoldrick, supra note 119, at 120. China, in particular, submitted serious objections to this wide formulation of locus standi. See Additional Views, supra note 133, ¶ 80.
184. Revised Draft, supra note 133, art. 2.
185. Report on the Forty-Second Session, supra note 133, Appendix I, art. 2, at 80. For the current views of the State Delegations to the CSW on the revised draft protocol, see id., Appendix II.
186. Additional Views, supra note 133, Element 9(f).
187. Optional Protocol to the International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., art. 5(2)(b), U.N. Doc. A/ 6316 (1966), 999 U.N.T.S. 171 (entered into force 23 Mar. 1976), reprinted in 6 I.L.M. 383 (1967).
188. Byrnes & Connors, supra note 68, at 761.
189. P.R. Ghandi, The Human Rights Committee and the Right of Individual Communication, 57 BRIT. Y.B. INT'L L. 201 (1986).
190. Article 4 of the current draft now provides that a communication shall not be deemed admissible unless "all available domestic remedies have been exhausted unless . . . the application of such remedies is unreasonably prolonged or unlikely to bring effective relief." See Report on the Forty-Second Session, supra note 133, Appendix I, at 80.
191. Markus Schmidt argues that this may, on occasion, have resulted in incomplete decisions in law or in fact. Marcus G. Schmidt, Individual Human Rights Complaints Procedures Based on United Nations Treaties and the Need for Reform, 41 INT'L & COMP. L.Q. 645 (1992).
192. Additional Views, supra note 133, Element 12. See also Report on the Forty-Second Session, supra note 133, Appendix I, at 81.
193. Additional Views, supra note 133, Element 12. See also Report on the Forty-Second Session, supra note 133, Appendix I, at 81.
194. See Additional Views, supra note 133, Element 12.
195. Element 8 of the initial draft protocol provides that "communications would be in writing and confidential." Id., Element 8. This provision is maintained in Article 3 of the current draft. Article 7(2) bis of the current draft, however, proposes that a state party to proceedings be permitted to make oral submissions to the Committee. See Revised Draft, supra note 133; Report on the Forty-Second Session, supra note 133, Appendix I, at 81. It seems unlikely that individuals to proceedings would not also be granted equal rights to make oral submissions. If adopted, this approach would represent a significant departure from the practice of the HRC under the First Optional Protocol.
196. Additional Views, supra note 133, Element 10.
197. See Revised Draft, supra note 133, art. 5; Report on the Forty-Second Session, supra note 133, Appendix I, at 80.
198. See Revised Draft, supra note 133, art. 5; Report on the Forty-Second Session, supra note 133, Appendix I, at 80.
199. Provision is made, though, for interim measures in the Rules of Procedure of the HRC, CAT (the Committee Against Torture), and CERD (Committee on the Elimination of All Forms of Racial Discrimination).
200. Additional Views, supra note 133, Element 13. Article 8 of Revised Draft, supra note 133, broadly maintained this wording. Article 7(3) of the current draft, however, simply provides that "the Committee shall transmit its own views on the communication, together with its recommendations, if any to the State Party and the individual or individuals concerned." Report on the Forty-Second Session, supra note 133, Appendix I, at 81.
201. Additional Views, supra note 133, Element 13.
202. See Report on the Forty-Second Session, supra note 133, art. 7(4).
203. Schmidt has argued for the introduction of such a provision into the OP to the ICCPR in order to overcome problems of non-compliance. Schmidt, supra note 144.
204. See Nowak, supra note 110.
205. Additional Views, supra note 133, Element 17. See also Report on the Forty-Second Session, supra note 133, Appendix I, art. 10, at 82.
206. Additional Views, supra note 133, Element 17. See also Report on the Forty-Second Session, supra note 133, Appendix I, art. 10, at 82.
207. Torture Convention, supra note 27, art. 20.
208. At the forty-second session of the CSW in 1998, a new provision was included into the draft protocol that would permit state parties to "opt out" altogether of the inquiry procedure. See Report on the Forty-Second Session, supra note 133, Appendix I, art. 11, at 82.
209. Additional Views, supra note 133, Element 21.
210. See Report on the Forty-Second Session, supra note 133, Appendix 1, art. 11(1), at 82. The original draft provided that the Committee would be empowered to publish a report of its completed inquiry. It is not now clear from the current draft how widely this report would be published. See Revised Draft, supra note 133, Appendix I, art. 10(3), at 82.
211. See Report on the Forty-Second Session, supra note 133, Appendix 1, art. 11(1), at 82. The original draft provided that the Committee would be empowered to publish a report of its completed inquiry. It is not now clear from the current draft how widely this report would be published. See Revised Draft, supra note 133, Appendix I, art. 10(3), at 82.
212. See Report on the Forty-Second Session, supra note 133, Appendix I, art. 11 (2), at 82.
213. Additional Views, supra note 133, Element 22. The Working Group to the Commission on Communications has suggested that the procedure be improved. Comparative Summary of Existing Communications and inquiry Procedures and Practices Under International Human Rights Instruments and Under the Charter of the United Nations, Report to the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, ¶ 116, U.N. Doc. E/CN.6/1997/4 (1997).
214. Additional Views, supra note 133, Element 22. The Working Group to the Commission on Communications has suggested that the procedure be improved. Comparative Summary of Existing Communications and inquiry Procedures and Practices Under International Human Rights Instruments and Under the Charter of the United Nations, Report to the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 5, ¶ 116, U.N. Doc. E/CN.6/1997/4 (1997).
215. See the submissions of the Austrian government. Additional Views, supra note 133, ¶ 197.
216. A low ratification of provisions for individual complaint is common to other treaty-based bodies. The most recent available figures are as follows: ICCPR: 137; OP: 93; CERD: 150; Article 14: 24; CAT: 103; Article 22: 39.
217. Much progress has already been made at the international level to respond to the issue of violence. The Special Rapporteur has to date produced two reports and the CEDAW has requested the High Commissioner to facilitate the presence of the Special Rapporteur at all its sessions. See 1996 Ways and Means Report, supra note 108, ¶ 22. This should promote close cooperation between the two, which will keep the issue high on the international agenda. At the level of the General Assembly, action to eliminate violence against women since its proclamation of the Declaration has taken the form of support for the UN Development Fund for Women. Resolution 50/166 of the General Assembly urges the Fund to strengthen its activities to eliminate violence in accordance with the Vienna Declaration and the Beijing Platform. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Implementation of General Assembly Resolution 50/166 on the Role of the United Nations Development Fund for Women in Eliminating Violence Against Women: Note by the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 3(a), ¶ 1, U.N. Doc. E/CN.6/1997/8 (1997). The terms of the Trust Fund specify that support will be directed at a range of projects, including awareness-raising projects, training of those involved in responding to violence against women, and research projects, which accords with the programmatic features of the Inter-American Convention and the UN Declaration. Id.
218. Much progress has already been made at the international level to respond to the issue of violence. The Special Rapporteur has to date produced two reports and the CEDAW has requested the High Commissioner to facilitate the presence of the Special Rapporteur at all its sessions. See 1996 Ways and Means Report, supra note 108, ¶ 22. This should promote close cooperation between the two, which will keep the issue high on the international agenda. At the level of the General Assembly, action to eliminate violence against women since its proclamation of the Declaration has taken the form of support for the UN Development Fund for Women. Resolution 50/166 of the General Assembly urges the Fund to strengthen its activities to eliminate violence in accordance with the Vienna Declaration and the Beijing Platform. See Follow-up to the Fourth World Conference on Women: Review of Mainstreaming in Organizations of the United Nations, Implementation of General Assembly Resolution 50/166 on the Role of the United Nations Development Fund for Women in Eliminating Violence Against Women: Note by the Secretary-General, U.N. ESCOR, Comm'n on the Status of Women, 41st Sess., Prov. Agenda Item 3(a), ¶ 1, U.N. Doc. E/CN.6/1997/8 (1997). The terms of the Trust Fund specify that support will be directed at a range of projects, including awareness-raising projects, training of those involved in responding to violence against women, and research projects, which accords with the programmatic features of the Inter-American Convention and the UN Declaration. Id.
219. For a detailed discussion of the justiciability of the rights in the Convention, see Byrnes & Connors, supra note 68, at 716-17. They argue that the absolute prohibition on discrimination is justiciable as are the obligations on states to work toward the elimination of discriminatory practices. They recognize, however, that some margin of appreciation would have to be granted to states in respect of their progressive obligations. Id.
220. Women's Convention, supra note 6, art. 2, 2(e).
221. See Charlesworth & Chinkin, supra note 1.
222. See MacKinnon, supra note 23; see also Rhonda Copelon, Recognizing the Egregious in the Everyday: Domestic Violence as Torture, 25 COLUM. HUM. RTS. L. REV. 291 (1994). Support for this approach can be drawn from the Torture Convention, which attaches liability to the state for acts of torture, inhuman, or degrading treatment carried out "with the consent or acquiescence of a public official." Torture Convention, supra note 27, art. 16.
223. See MacKinnon, supra note 23; see also Rhonda Copelon, Recognizing the Egregious in the Everyday: Domestic Violence as Torture, 25 COLUM. HUM. RTS. L. REV. 291 (1994). Support for this approach can be drawn from the Torture Convention, which attaches liability to the state for acts of torture, inhuman, or degrading treatment carried out "with the consent or acquiescence of a public official." Torture Convention, supra note 27, art. 16.
224. See Rebecca J. Cook, State Accountability Under the Convention on the Elimination of Discrimination Against Women, in HUMAN RIGHTS OF WOMEN, supra note 1, at 228, 233.
225. Velásquez Rodríguez Case, Case 7920, Ser. C, No. 4, Inter-Am. Ct. H.R. 35, O.A.S. Doc. OEA/Ser.L/V/III.19, doc. 13 (1988) (judgment of 29 July 1988) [hereinafter Velásquez Rodríguez].
226. Id.
227. Id.
228. Id.
229. Id. ¶ 172.
230. Id. ¶ 173.
231. Similar language is found in other human rights instruments. Article 2 of the ICCPR obliges state parties to "respect and ensure" the rights in the Covenant. ICCPR, supra note 27, art. 2.
232. Velásquez Rodríguez, supra note 171, ¶ 175.
233. Id. ¶ 177.
234. Id. ¶ 176.
235. Id. ¶ 166.
236. Caballero-Delgado and Santana v. Colombia, 17 HUM. RTS. L.J. 24 (1996).
237. Id.
238. Id. ¶ 58.
239. Mojica v. Dominican Republic, 17 HUM. RTS. L.J. 18 (1996) [hereinafter Mojica]; Bautista v. Colombia, 17 HUM. RTS. L.J. 19 (1996) [hereinafter Bautista].
240. Mojica v. Dominican Republic, 17 HUM. RTS. L.J. 18 (1996) [hereinafter Mojica]; Bautista v. Colombia, 17 HUM. RTS. L.J. 19 (1996) [hereinafter Bautista].
241. Mojica, supra note 185, ¶ 5.5; Bautista, supra note 185, ¶ 8.3.
242. Bautista, supra note 185, ¶ 8.6.
243. See Paul Mahoney & Fredrik Sundberg, The European Convention on Human Rights: A Case Study of the International Law Response to Violence, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY, supra note 23, at 361. For a discussion of positive obligations on states under the Convention, see Andrew Clapham, The 'Drittwirkung' of the Convention, in THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS 163-206 (R. St. J. Macdonald et al. eds., 1993). For a fuller analysis, see ANDREW CLAPHAM, HUMAN RIGHTS IN THE PRIVATE SPHERE (1993).
244. See Paul Mahoney & Fredrik Sundberg, The European Convention on Human Rights: A Case Study of the International Law Response to Violence, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY, supra note 23, at 361. For a discussion of positive obligations on states under the Convention, see Andrew Clapham, The 'Drittwirkung' of the Convention, in THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS 163-206 (R. St. J. Macdonald et al. eds., 1993). For a fuller analysis, see ANDREW CLAPHAM, HUMAN RIGHTS IN THE PRIVATE SPHERE (1993).
245. See Paul Mahoney & Fredrik Sundberg, The European Convention on Human Rights: A Case Study of the International Law Response to Violence, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTURY, supra note 23, at 361. For a discussion of positive obligations on states under the Convention, see Andrew Clapham, The 'Drittwirkung' of the Convention, in THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS 163-206 (R. St. J. Macdonald et al. eds., 1993). For a fuller analysis, see ANDREW CLAPHAM, HUMAN RIGHTS IN THE PRIVATE SPHERE (1993).
246. Airey v. Ireland, 32 Eur. Ct. H.R. (ser. A) (1979).
247. Id.
248. Id. ¶ 32.
249. Case of X & Y v. The Netherlands, 91 Eur. Ct. H.R. (ser. A) (1985) [hereinafter Case of X & Y]. See also Case of Young, James & Weber v. United Kingdom, 44 Eur. Ct. H.R. (ser. A) (1981).
250. Case of X & Y, supra note 192, ¶ 23.
251. Id.
252. Id.
253. Soering v. The United Kingdom, 161 Eur. Ct. H.R. (ser. A) (1989) [hereinafter Soering].
254. Case of McCann v. The United Kingdom, 324 Eur. Ct. H.R. (ser. A) (1995) [hereinafter Case of McCann].
255. Soering, supra note 196, ¶ 91.
256. Mahoney & Sundberg, supra note 188. Clapham proposes a "but for" test to determine causation and argues that there is a distinction to be drawn between the case of refoulement in Soering and other (less direct) forms of state action and inaction. Clapham, supra note 188, at 174. See also Case of H.L.R. v. France, 36 Eur. Ct. H.R. at 745 (1997).
257. Case of McCann, supra note 197, ¶ 146. This may require the state to conduct an "effective official investigation" in circumstances where individuals have been killed by agents of the state, Id. ¶ 161. See also Ergi v. Turkey, App. No.23818/94 (1998); Yasa v. Turkey, App. No. 22495/93 (1998), available in 〈http://www.dhcour. coe.fr/〉.
258. Costello-Roberts v. The United Kingdom, 247 Eur. Ct. H.R. (ser. A) at 50 (1993).
259. Id. Three arguments were put forth by the Court to explain the UK government's liability for conduct occurring within a private educational establishment: (i) that the state is under an obligation to secure education to everyone within its jurisdiction and a system of discipline is "merely ancillary to the educational process"; (ii) that no distinction is possible between public and private schools in an educational system in which the two co-exist since the right to education must apply to all persons equally; (iii) that the state should not be free to "absolve itself from responsibility by delegating its obligations to private bodies or individuals." Id. ¶¶ 26-27.
260. Osman v. The United Kingdom, App. No. 23452/94 (1998), available in 〈http;//www. dhcour.coe.fr/〉 [hereinafter Osman].
261. A v. The United Kingdom, App. No. 25599/94 (1998), available in 〈http;//www. dhcour.coe.fr/〉 [hereinafter A v. The United Kingdom].
262. Osman, supra note 203.
263. Id. ¶ 115. The Court went on to set out the limits to the scope of this obligation as follows: [S]uch an obligation must be interpreted in a way which does not impose an impossible or disproportionate burden on the authorities. Accordingly, not every claimed risk to life can entail for the authorities a Convention requirement to take operational measures to prevent that risk from materialising . . . . It must be established . . . that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk. Id. ¶ 116.
264. A v. United Kingdom, supra note 204.
265. Id. ¶ 24. The Court considers that the obligation on the High Contracting Parties under Article 1 of the Convention to secure to everyone within their jurisdiction the rights and freedoms defined in the Convention, taken together with Article 3, requires States to take measures designed to ensure that individuals within their jurisdiction are not subjected to torture or inhuman or degrading treatment or punishment, including such ill-treatment administered by private individuals. Id. ¶ 22.
266. Id.
267. Roth, supra note 88, at 333.
268. Id.
269. ICCPR, supra note 27, art. 26.
270. General Comment on Non-Discrimination, General Comment No. 18, U.N. GAOR, Hum. Rts. Comm., 37th Sess., 948th mtg. addendum, ¶ 12, U.N. Doc. CCPR/C/21/ Rev.1/Add.1 (1989).
271. See Romany, supra note 92.
272. Of course, the difficulties of establishing that the failure to guarantee the equal protection of the laws is sex discrimination should not be underestimated. See Roth, supra note 88, at 326.
273. MacKinnon, supra note 23, at 29.
274. The Special Rapporteur on Violence has commented, "[i]n the context of norms recently established by the international community, a State that does not act against crimes of violence against women is as guilty as the perpetrators. States are under a positive duty to prevent, investigate and punish crimes associated with violence against women." Preliminary Report, supra note 128, ¶ 72.
275. UN STUDY, supra note 25, at 51, 56.
276. See id. at 71. See also Kim, supra note 19, at 72.
277. Charlesworth, supra note 1, at 111.
278. Charlotte Bunch, Transforming Human Rights from a Feminist Perspective, in WOMEN'S RIGHTS, HUMAN RIGHTS, supra note 1, at 11.
279. See Lori L. Heise, Violence Against Women: Translating International Advocacy into Concrete Change, 44 AM. U.L. REV. 1207 (1995). For a discussion of the value of employing a human rights methodology, see Dorothy Q. Thomas, Holding Governments Accountable by Public Pressure, in OURS BY RIGHT: WOMEN'S RIGHTS AS HUMAN RIGHTS 82 (Joanna Kerr ed., 1993).
280. See Lori L. Heise, Violence Against Women: Translating International Advocacy into Concrete Change, 44 AM. U.L. REV. 1207 (1995). For a discussion of the value of employing a human rights methodology, see Dorothy Q. Thomas, Holding Governments Accountable by Public Pressure, in OURS BY RIGHT: WOMEN'S RIGHTS AS HUMAN RIGHTS 82 (Joanna Kerr ed., 1993).
281. Friedman, supra note 51, at 31 (quoting telephone interview with Dorothy Q. Thomas, Women's Rights Project, Human Rights Watch (Nov. 10, 1993)). For a detailed discussion of the progress to date on mainstreaming, see Gallagher, supra note 14, at 305.
282. See Julie Mertus & Pamela Goldberg, A Perspective on Women and International Human Rights After the Vienna Declaration: The Inside/Outside Construct, 26 N.Y.U. J. INT'L L. & POL. 201 (1994). For example, the level of female literacy is a global problem caused as a result of discriminatory access to education for women. This is most starkly demonstrated by the recent laws introduced in Afghanistan by the Taliban that prohibit girl children from schooling.
283. See Clapham, supra note 188, at 186. The challenge would seem to be to discover how to dissolve traditional concepts of the hermetically sealed, "untouchable," "forgotten" nature of the private sphere without abandoning the possibility of protecting that private activity which is best carried out without interference from the State. The problem is that in "privatizing human rights" we may end up with a "publicization of the private" and renewed demands to be defended from the State. Id. (footnotes omitted).
284. See, e.g., UDHR, supra note 8, art. 16(3); ICCPR, supra note 27, art. 23; ICESCR, supra note 101, art. 10(1).
285. See Binion, supra note 14, at 513.
286. Abella, supra note 95, at 61.