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

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Collation <strong>of</strong> Relevant International Instruments UDHR • A.2 – life, liberty and security <strong>of</strong> the person • A.7 - equality before and under the law • A.10 - fair and public hearing in determining rights and obligations • A.13 – right to freedom <strong>of</strong> movement and residence within the borders <strong>of</strong> each state • A.16 - equal rights during marriage and at dissolution ICCPR • A.3 – state undertaking to ensure the equal rights <strong>of</strong> men and women in enjoyment <strong>of</strong> civil and political rights • A.7 – no one shall be subject to torture or cruel, inhuman or degrading treatment • A. 9 – everyone has the right to liberty and security <strong>of</strong> person • A.12 – right <strong>of</strong> liberty <strong>of</strong> movement and freedom to choose residence • A.14 – equality before courts and tribunals with respect to rights and obligations at law • A.23 – family protection, right to marry, rights and obligations during marriage and at dissolution • A.26 - equality under and before the law/equal protection clause ICESCR • A.3 – state obligation to ensure equal right <strong>of</strong> men and women in enjoyment <strong>of</strong> economic, social and cultural rights • A.11 – right to an adequate standard <strong>of</strong> living for oneself and family 3. Custody CEDAW • A.2; A.5; A.15 - general provisions on non-discrimination, custom & equality before the law • A.13 – economic and social life – family benefits, financial credit • 16 (d) – best interests <strong>of</strong> the child; • 16(f) - guardianship, wardship, trusteeship UDHR • A.7 - equality before and under the law • A.10 - fair and public hearing in determining rights and obligations • A.25 – right to standard <strong>of</strong> living adequate for health and well-being <strong>of</strong> herself and family; motherhood and childhood are entitled to special care and assistance. All children, whether in or out <strong>of</strong> wedlock, shall enjoy the same social protection ICCPR • A.3 – state undertaking to ensure the equal rights <strong>of</strong> men and women in enjoyment <strong>of</strong> civil and political rights • A.14 – equality before courts and tribunals with respect to rights and obligations at law • A.24 – rights <strong>of</strong> child to be registered and acquire a nationality 118
• A.26 - equality under and before the law/equal protection clause ICESCR • A.3 – state obligation to ensure equal right <strong>of</strong> men and women in enjoyment <strong>of</strong> economic, social and cultural rights • A.10 – family protection, marriage, childcare benefits, protection <strong>of</strong> children • A.11 – right to an adequate standard <strong>of</strong> living for oneself and family CRC • A.2 – state obligation <strong>of</strong> non-discrimination and equal protection • A.3 – best interests <strong>of</strong> the child with respect to decision-making, care and protection, rights and duties <strong>of</strong> parents, legal guardians… • A.4 – state obligation to implement legislative, administrative or other measures for realisation <strong>of</strong> the Covenant • A.18 – recognition <strong>of</strong> the principle that both parents have common responsibilities in upbringing and development <strong>of</strong> the child; state assistance; child-care services for working parents 4. Property rights – Inheritance and Succession CEDAW • A.2(f); A.3; A.5; A.15 - general provisions on non-discrimination; custom & equality before the law • A.13(1) – family benefits • A.14 – rural women • A.16 (h) – ownership, acquisition, management, administration, enjoyment and disposition <strong>of</strong> property UDHR • A.7 - equality before and under the law • A.10 - fair and public hearing in determining rights and obligations • A.17 – right to own property, no one shall be arbitrarily deprived <strong>of</strong> her property ICCPR • A.3 – state undertaking to ensure the equal rights <strong>of</strong> men and women in enjoyment <strong>of</strong> civil and political rights • A.26 - equality under and before the law/equal protection clause ICESCR • A.3 – state obligation to ensure equal right <strong>of</strong> men and women in enjoyment <strong>of</strong> economic, social and cultural rights • A.5 - no state, group or person may restrict the rights and freedoms outlined in the Covenant 119 Collation <strong>of</strong> Relevant International Instruments
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A Digest o
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A Digest o
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Acknowledgements APWLD would like t
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Contents ARTICLE 16(f): MARRIAGE AN
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Contents MARRIAGE AND FAMILY LIFE -
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Introduction regional groups - an i
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Part I CEDAW Cases
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Imelda Romualdez-Marcos v Commissio
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Imelda Romualdez-Marcos v Commissio
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Article 9 Nationality and Citizensh
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Sayeeda Rahman Malkani and others v
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Mr Benjamin Peter, Mrs Mina Kumari
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Nurhatina Hasibuan v Pt. Indonesia
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Article 11 Employment Teikoku Zouki
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Article 16.1(a) Marriage and Family
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to clarify paternity suggested by t
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Humaira Mehmood v The State and oth
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Humaira Mehmood v The State and oth
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Ms Githa Hariharan and another v Re
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Article 16.1(f) Marriage and Family
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Surya Prakash v Shirley Reshmi Nara
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Madhu Kishwar and others v State <s
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Madhu Kishwar and others v State <s
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Article 16.1(h) Marriage and Family
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C. Masilamani Mudaliar and others v
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Article 16.1(h) Marriage and Family
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Meera Kumari and Mira Khanal v His
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Apparel Export Promotion Council v
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Apparel Export Promotion Council v
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A safe working environment is funda
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General Recommendation 19 Violence
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Chairman, Railway Board and others
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with the complainant. He also state
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The Republic of Ki
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Part II Constitutional Law<
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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
Page 84 and 85: CONSTITUTIONAL LAW Nepal Discrimina
Page 86 and 87: CONSTITUTIONAL LAW Pacific Islands:
Page 88 and 89: CONSTITUTIONAL LAW Bangladesh Marri
Page 90 and 91: CONSTITUTIONAL LAW Pacific Islands:
Page 92 and 93: Patricia Molu v Cidie Molu (Pacific
Page 94 and 95: Prakash Mani Sharma v His Majesty
Page 96 and 97: John Noel (as representative <stron
Page 98 and 99: John Noel (as representative <stron
Page 100 and 101: Hee Jung Woo v Jung Hue Shin, Jong
Page 102 and 103: CONSTITUTIONAL LAW Japan Violence A
Page 104 and 105: Al-Amin and 5 others v The State (B
Page 106 and 107: Al-Amin and 5 others v The State (B
Page 109 and 110: A Article APWLD Asia Pacific Forum
Page 111 and 112: 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
Page 119 and 120: Government is discriminatory. Some
Page 121 and 122: CEDAW Country Ratification Report:
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: FAMILY LAW 1. Marriage and custom C
Page 137 and 138: UDHR • A.7 - equality before and
Page 139 and 140: Notes
Page 142: Notes Asia Pacific Forum on Women,
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