A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

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Contents MARRIAGE AND FAMILY LIFE - CUSTODY AND GUARDIANSHIP Pacific Islands: Vanuatu Patricia Molu v Cidie Molu MARRIAGE AND FAMILY LIFE - INHERITANCE AND SUCCESSION Nepal Prakash Mani Sharma v His Majesty’s Government, Ministry <strong>of</strong> <strong>Law</strong>, Justice & Parliamentary Affairs, Secretariat <strong>of</strong> the Council <strong>of</strong> Ministers, House <strong>of</strong> Representatives, National Assembly Pacific Islands: Vanuatu John Noel (as representative <strong>of</strong> the descendants <strong>of</strong> Crero Toto deceased) v Obed Toto VIOLENCE AGAINST WOMEN - SEXUAL HARRASSMENT Republic <strong>of</strong> Korea Hee Jung Woo v Jung Hue Shin, Jong Woon Kim (Seoul National University) and the Republic <strong>of</strong> Korea Japan Kanazawa Sexual Harassment <strong>Case</strong> VIOLENCE AGAINST WOMEN - SEXUAL VIOLENCE Bangladesh Al-Amin and 5 others v The State ABBREVIATIONS GLOSSARY PART III APPENDICES CEDAW COUNTRY RATIFICATION REPORTS Bangladesh India Korea Pacific Region Pakistan STATUS OF CEDAW AND ITS OPTIONAL PROTOCOL COLLLATION OF RELEVANT INTERNATIONAL INSTRUMENTS 76 79 81 85 88 89 93 94 101 102 104 108 110 113 116
Introduction This digest is a collection <strong>of</strong> judicial verdicts on women’s rights claims from the Asia Pacific. It illustrates the contentious issues, complex barriers, and the commonalities in women’s rights activism across the diversity <strong>of</strong> the region. In doing so, it reflects judicial treatment <strong>of</strong> women’s rights claims and the disparate successes with the law, thereby taking stock <strong>of</strong> the achievements and challenges <strong>of</strong> the region. <strong>Law</strong> has been a significant site <strong>of</strong> women’s rights struggles. The wide ratification <strong>of</strong> the Convention on the Elimination <strong>of</strong> All forms <strong>of</strong> Discrimination Against Women [CEDAW] in the region, particularly after the World Conference on Women in Beijing, 1995, has considerably strengthened the claims for justiciability <strong>of</strong> women’s rights. The increasing reliance upon CEDAW by women’s rights activists to firstly, challenge discrimination in law and secondly, to expand narrow judicial interpretation <strong>of</strong> national laws is evidence <strong>of</strong> the Convention’s growing importance. While it may be too premature to definitively comment on whether or not this has actually enabled better results, it is clear that the ratification <strong>of</strong> CEDAW has lent legitimacy and moral force to feminist engagement with the law in many national contexts. The court room in the last decade has been an arena where many <strong>of</strong> these struggles, developments and politics have been played out - it is visible in the increasing reliance on international law, universal standards, in the terminology used and the formulation <strong>of</strong> the claims. It is equally evident in the judicial responses to them - regardless <strong>of</strong> the upholding <strong>of</strong> or rejection <strong>of</strong> the claims. The litigation being pursued to advance women’s rights from the Asia Pacific are not adequately documented, reported or available for making linkages in women’s activism regionally. This vacuum formed the core need for this project. In our work, particularly the regional trainings <strong>of</strong> APWLD on ‘Feminist Legal Theory and Practice’, it was a struggle to source information on litigation strategies and case law from the countries <strong>of</strong> this region. One <strong>of</strong>ten heard from the participants in the trainings and the national NGOs about examples from their countries, but these remained unverified, undocumented and therefore difficult to retrieve and share for wider usage. Instead, it was easier to rely upon ‘international case law’ that is well documented and therefore well known; inadvertently reinforcing the notion that there were no significant legal challenges from Asia Pacific. This digest endeavors to fill this gap by consolidating a decade <strong>of</strong> women’s rights cases from the region, from 1990 to 2000. Implicit in the regional coverage <strong>of</strong> judgments was the challenge <strong>of</strong> working with different languages, different legal systems and diverse socio economic, customary/ cultural contexts. How could one cobble together the disparate standards, terminology and systems, maintain lucidity and coherence <strong>of</strong> legal texts that are inherently complicated and verbose, for a wider usage? The process <strong>of</strong> preparing this digest was in a sense built into the type <strong>of</strong> output desired. It required involvement <strong>of</strong> national and 1
Page 1 and 2: A Digest o
Page 3: A Digest o
Page 6 and 7: Acknowledgements APWLD would like t
Page 8 and 9: Contents ARTICLE 16(f): MARRIAGE AN
Page 12 and 13: Introduction regional groups - an i
Page 15 and 16: Part I CEDAW Cases
Page 17 and 18: Imelda Romualdez-Marcos v Commissio
Page 19 and 20: Imelda Romualdez-Marcos v Commissio
Page 21 and 22: Article 9 Nationality and Citizensh
Page 23 and 24: Sayeeda Rahman Malkani and others v
Page 25 and 26: Mr Benjamin Peter, Mrs Mina Kumari
Page 27 and 28: Nurhatina Hasibuan v Pt. Indonesia
Page 29 and 30: Article 11 Employment Teikoku Zouki
Page 31 and 32: Article 16.1(a) Marriage and Family
Page 33 and 34: to clarify paternity suggested by t
Page 35 and 36: Humaira Mehmood v The State and oth
Page 37 and 38: Humaira Mehmood v The State and oth
Page 39 and 40: Ms Githa Hariharan and another v Re
Page 41 and 42: Article 16.1(f) Marriage and Family
Page 43 and 44: Surya Prakash v Shirley Reshmi Nara
Page 45 and 46: Madhu Kishwar and others v State <s
Page 47 and 48: Madhu Kishwar and others v State <s
Page 49 and 50: Article 16.1(h) Marriage and Family
Page 51 and 52: C. Masilamani Mudaliar and others v
Page 53 and 54: Article 16.1(h) Marriage and Family
Page 55 and 56: Meera Kumari and Mira Khanal v His
Page 57 and 58: Apparel Export Promotion Council v
Page 59 and 60: Apparel Export Promotion Council v
Page 61 and 62:
A safe working environment is funda
Page 63 and 64:
General Recommendation 19 Violence
Page 65 and 66:
Chairman, Railway Board and others
Page 67 and 68:
with the complainant. He also state
Page 69 and 70:
The Republic of Ki
Page 71:
Part II Constitutional Law<
Page 74 and 75:
Public Prosecutor v Walter Kota and
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CONSTITUTIONAL LAW Nepal Nationalit
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CONSTITUTIONAL LAW Japan Employment
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Iwate Bank Case (J
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CONSTITUTIONAL LAW Republic <strong
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CONSTITUTIONAL LAW Nepal Discrimina
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CONSTITUTIONAL LAW Pacific Islands:
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CONSTITUTIONAL LAW Bangladesh Marri
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CONSTITUTIONAL LAW Pacific Islands:
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Patricia Molu v Cidie Molu (Pacific
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Prakash Mani Sharma v His Majesty
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John Noel (as representative <stron
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John Noel (as representative <stron
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Hee Jung Woo v Jung Hue Shin, Jong
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CONSTITUTIONAL LAW Japan Violence A
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Al-Amin and 5 others v The State (B
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Al-Amin and 5 others v The State (B
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A Article APWLD Asia Pacific Forum
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95 Glossary In criminal proceedings
Page 113 and 114:
97 Glossary television or film (or
Page 115 and 116:
countries. Sharia is a religious co
Page 117 and 118:
Bangladesh CEDAW Country Ratificati
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Government is discriminatory. Some
Page 121 and 122:
CEDAW Country Ratification Report:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
of the Republic an
Page 129 and 130:
Status of Ratifica
Page 131 and 132:
COUNTRY CEDAW CEDAW-Op Polynesia 1.
Page 133 and 134:
FAMILY LAW 1. Marriage and custom C
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• A.26 - equality under and befor
Page 137 and 138:
UDHR • A.7 - equality before and
Page 139 and 140:
Notes
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Notes Asia Pacific Forum on Women,
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