COURSE MATERIAL FOR THE 2023 THESSALONIKI SUMMER COURSE
- Samia Bano
- Aristotelis Constantinides
- Máiréad Enright
F. Ni Aolain, Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice (Minnesota Legal Studies Research Paper No. 09-18 / Transitional Justice Institute Research Paper No. 09-05)
D. Otto, 12 – Lost in translation: re-scripting the sexed subjects of international human rights law, in: Anne Orford, International Law and its Others , Cambridge University Press, 2006, pp. 318 – 356
L. Hodson, A feminist approach to Alyne da Silva Pimentel Teixeira (deceased) v Brazil in: Damian Gonzalez-Salzberg / Loveday Hodson, Research Methods for International Human Rights Law, 1st edition, Routledge, 2019, pp. 42-68
- Anna-Maria Konsta
M. Evola / J. Jungfleisch / T. Marinkovi, Human Rights Law Through the Lens of the Gender Perspective, in: Dragica Vujadinović / Mareike Fröhlich / Thomas Giegerich, Gender-Competent Legal Education, Springer Textbook in Law 2023) (please study only pp. 31-38)
- Natasa Mavronicola
Familiarise yourselves with the following legal instruments and legal provisions (you do not need to memorise them):
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), available here.
- Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará Convention), available here.
- Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), available here.
- Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), available here.
- Yogyakarta Principles (available here) and Yogyakarta Principles +10 (available here).
- On the right to life: Article 6 of the International Covenant on Civil and Political Rights (ICCPR); Article 2 of the European Convention on Human Rights (ECHR); Article 4 of the African Charter on Human and Peoples’ Rights (ACHPR); Article 4 of the American Convention on Human Rights (ACHR).
- On the right not to be tortured or ill-treated: Article 7 of ICCPR; Articles 1 and 16 of the United Nations Convention Against Torture (UNCAT); Article 3 of the ECHR; Article 5 of ACHPR; Article 5 of ACHR.
- Rights to equality and non-discrimination within generalist human rights treaties: Articles 2, 3, and 26 of ICCPR; Articles 2(2) and 3 of ICESCR; Article 14 and Protocol No 12 of ECHR; Articles 2, 3, 18(3)-(4), and 28 of ACHPR; Articles 1 and 24 of ACHR.
- Charlotte Bunch, ‘Women’s Rights as Human Rights: Towards a Re-vision of Human Rights’ (1990) 12 Human Rights Quarterly 486, available here.
- Office of the United Nations High Commissioner for Human Rights, Gender-based violence against women and girls: OHCHR and women’s human rights and gender equality (an overview), available here.
- Committee on the Elimination of Discrimination against Women, General Recommendation No. 35 on Gender-Based Violence Against Women, UN Doc. CEDAW/C/GC/35, available here.
- United Nations Independent Expert on Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity, Thematic Report: Violence and Discrimination Based on Sexual Orientation and Gender Identity, UN Doc. A/HRC/38/43, 11 May 2018 (available here) – you can focus on paras 22-49, 86-101.
- Human Rights Committee, General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the right to life, UN Doc. CCPR/C/GC/36 (available here), paras 8, 23, 26, 61.
- European Court of Human Rights, Opuz v Turkey, Application No. 33401/02, Judgment of 9 June 2009, available here.
- Human Rights Committee, Mellet v Ireland, UN Doc. CCPR/C/116/D/2324/2013, 17 November 2016 (available here) – you can skim facts and focus on paras 7 – 9.
Recommended reading (this need not be completed before our class)
- R. Copelon, ‘Recognizing the Egregious in the Everyday: Domestic Violence As Torture’ (1994) 25 Columbia Human Rights Law Review 291, available here.
- R. Manjoo, ‘Violence Against Women as a Barrier to the Realisation of Human Rights and the Effective Exercise of Citizenship’ (2016) 112 Feminist Review 11, available here.
- R. J. A. McQuigg, ‘It is Time for a UN Treaty on Violence Against Women’ (2018) 22(2) International Journal of Human Rights 305
- M. Campbell, ‘Beyond the Courtroom: Accountability for Grave and Systemic Human Rights Abuses’ (2018) 1 University of Oxford Human Rights Hub Journal 55, available here.
- United Nations Special Rapporteur on Torture, Thematic Report: Gender Perspectives on Torture and other Cruel, Inhuman and Degrading Treatment or Punishment, UN Doc. A/HRC/31/57, 5 January 2016, available here.
- United Nations Special Rapporteur on Torture, Thematic Report: Relevance of the Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to the Context of Domestic Violence, UN Doc. A/74/148, 12 July 2019, available here.
- G. Guney / D. Davies and Po-Han Lee (eds), Towards Gender Equality in Law: An Analysis of State Failures from a Global Perspective (Palgrave Macmillan 2022), available here – see especially chapters 1, 2, 7.
- R. Goel / L. Goodmark (eds), Comparative Perspectives on Gender Violence: Lessons From Efforts Worldwide (Oxford University Press 2015), available here.
- Ruth Rubio-Marín, The Gender of Reparations: Unsettling Sexual Hierarchies while Redressing Human Rights Violations (Cambridge University Press 2009), especially chapters 1-4, available here.
- Rashida Manjoo, ‘Introduction: Reflections on the Concept and Implementation of Transformative Reparations’ (2017) 21(9) The International Journal of Human Rights 1193, available here.
- Inter-American Court of Human Rights, Velasquez Rodriguez v Honduras, Judgment of 29 July 1988 (Merits), available here.
- Inter-American Commission on Human Rights, Jessica Lenahan (Gonzales) et al v United States of America, Report No 80/11, 21 July 2011, available here.
- African Court on Human and Peoples’ Rights, APDF and IHRDA v Mali, Application No. 046/2016, Judgment of 11 May 2018, available here.
- European Court of Human Rights, Aghdgomelashvili and Japaridze v Georgia, Application No. 7224/11, Judgment of 8 October 2020, available here.
QUESTIONS FOR REFLECTION
A. What is gender-based violence? In reflecting on your answer, consider how you understand:
- the relevance of (intersections of) discrimination and disadvantage.
B. What demands does international human rights law make of States in relation to gender-based violence?
C. How can international human rights law better protect people from gender-based, or gendered, violence?
- Lina Papadopoulou
- Nikoletta Pikramenou
I. Koralewska / K. Zielińska, ‘Defending the unborn’, ‘protecting women’ and ‘preserving culture and nation’: anti-abortion discourse in the Polish right-wing press (Culture, Health & Sexuality, 2022, 24:5, pp. 673–687)
A. Graff, Angry Women: Poland’s Black Protests as ‘Populist Feminism’ in: Gabriele Dietze / Julia Roth, Right-Wing Populism and Gender, European Perspectives and Beyond, transcript Verlag, 2020, pp. 231-250)
- Alina Tryfonidou
E. Wolfson / J. Tueller /A. Fromkin, The Freedom to Marry in Human Rights Law Worldwide: ending the exclusion of same-sex couples from marriage (Indiana Int’l & Comp. Law Review, 2022, 32:1, pp. 1-42)
A. Tryfonidou / R. Wintemute, Obstacles to the Free Movement of Rainbow Families in the EU (Policy Department for Citizens’ Rights and Constitutional Affairs, Directorate-General for Internal Policies, PE 671.505- March2021)
RAINBOW FAMILIES IN INTERNATIONAL AND EUROPEAN LAW
PRIMARY MATERIALS – FULL LIST (WITH LINKS)
EUROPEAN UNION LAW
C-122 & 125/99 P D and Sweden v. Council
Legislation (including legislative proposals)
Treaty on the Functioning of the European Union (TFEU) (Arts. 10 and 19)
EU Charter of Fundamental Rights
Proposal for an Equality Directive (2008)
Proposal for a Regulation on the cross-border recognition of parenthood (2022)
EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)
Full text of ECHR
X, Y and Z v. UK, Application no. 21830/93
Karner v. Austria, Application no. 40016/98
E.B. v. France, Application no. 43546/02
Schalk and Kopf v. Austria, Application no. 30141/04
J.M. v. UK, Application no. 37060/06
Kozak v. Poland, Application no. 13102/02
P.B. and J.S. v. Austria, Application no. 18984/02
Gas and Dubois v. France, Application no. 25951/07
X and others v. Austria, Application no. 19010/07
Vallianatos and others v. Greece, Application nos. 29381/09 & 32684/09
Hämäläinen v. Finland, Application no. 37359/09
Oliari and others v. Italy, Application nos. 18766/11 7 36030/11
Taddeucci and McCall v. Italy, Application no. 51362/09
Chapin et Charpentier v. France, Application no. 40183/07
Pajić v. Croatia, Application no. 68453/13
Orlandi and others v. Italy, Application nos. 26431/12, 26742/12, 44057/12, 60088/12
Fedotova and others v. Russia (Third Section), Application nos. 40792/10, 30538/14, 43439/14
Valdís Fjölnisdóttir and others v. Iceland, Application no. 71552/17
S.-H. v. Poland, Application nos. 56846/15 and 56849/15
Fedotova and others v. Russia (GC), Application nos. 40792/10, 30538/14, 43439/14
D.B. and others v. Switzerland, Application nos. 58817/15 and 58252/15
O.H. and G.H. v. Germany, Application nos. 53568/18 and 54741/18
A.H. and others v. Germany, Application no. 7246/20
Buhuceanu and others v. Romania, Application no. 20081/19
Maymulakhin and Markiv v. Ukraine, Application no. 75135/14
International Covenant on Civil and Political Rights (ICCPR)
The Yogyakarta principles
Human Rights Committee Joslin v. New Zealand
Human Rights Committee Young v. Australia
Human Rights Committee C. v. Australia
Human Rights Committee X v. Colombia
Human Rights Committee G v. Australia
United Nations Administrative Tribunal Adrian v. Secretary of State of the United Nations
Inter-American Court of Human Rights Advisory Opinion OC-24/17
- Tina Stavrinaki
- Vladislava Stoyanova
Lecture on Human Trafficking
Directive 2004/81EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
Lecture on Domestic violence
- Aspasia Tsaoussi
A. Tsaoussi, Female Lawyers as Pragmatic Problem Solvers: Negotiation and Gender Roles in Greek Legal Practice (The Theory and Practice of Representative Negotiation, Toronto: Emond Montgomery Publications Wordsworth, 2008, pp. 198-210)
Gender Stereotyping and the Judiciary: A Workshop Guide (OHCHR, New York and Geneva, 2020)
- Andreas Ziegler