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Global Intersectionality and Contemporary Human Rights最新文献

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Intersectionality in the State Reporting Process 州报告过程中的交叉性
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0007
Johanna E. Bond
{"title":"Intersectionality in the State Reporting Process","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0007","url":null,"abstract":"The human rights treaty bodies have increasingly engaged in intersectional analysis in the context of the reporting process, through which states that have ratified the treaty must report to the treaty body on their efforts to fulfil the treaty’s obligations. This chapter takes a deep dive into the reporting process, using CEDAW as a case study, to explore the extent to which intersectionality has surfaced in the Committee’s responses to state reports. This offers a barometer for assessing the Committee’s acceptance of intersectionality as an analytical framework more generally. The first half of the chapter discusses trends in the state reporting process, looking specifically at the frequency with which the Committee considers intersectionality in its analysis. This analysis reveals that the Committee is trending toward using an intersectional lens more consistently. Although it is impossible to draw definitive causal links between the discursive framing of intersectionality by various actors and the committee’s willingness to adopt an intersectional framework in any particular case, it is useful to think about how NGOs, reporting governments, and the committee itself may push the UN’s dialogue toward a more fulsome embrace of intersectionality in the decades to come.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116161520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Foundations of Intersectionality Theory 交叉性理论基础
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0002
Johanna E. Bond
{"title":"Foundations of Intersectionality Theory","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0002","url":null,"abstract":"This chapter provides an overview of intersectionality theory and locates its origins in Black feminist thought in the United States, establishing the theoretical foundation necessary to apply the theory in the context of international human rights. The notion that multiple systems of oppression intersect in people’s lives and affect different individuals and groups of people differently opens up space for discussion about inter-group differences (e.g., differences between women and men) but also discussion about intragroup differences (e.g., differences in the experiences of discrimination among white women and women of color). Although its antecedents in Black feminist thought appeared much earlier, intersectionality theory surfaced in the late 1980s partly as a response to conceptual and pragmatic deficiencies in feminist legal theory and critical race theory. In 1989, Kimberlé Crenshaw published a germinal essay defining intersectionality theory. In Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Anti-Discrimination Doctrine, Feminist Theory and Antiracist Politics, Crenshaw demonstrated how neither feminist nor anti-racist advocacy fully captured the marginalization of women of color. Building on Crenshaw’s significant contributions, the chapter explores the evolution of intersectionality theory, its transformative tenets, and the critiques of the theory.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133903697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Conclusion: An Intersectional Future for Human Rights 结论:人权的交叉未来
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0010
Johanna E. Bond
{"title":"Conclusion: An Intersectional Future for Human Rights","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0010","url":null,"abstract":"Intersectionality has changed the way we think about human rights. It offers a complex, comprehensive, and nuanced approach that redounds to the benefit of victims seeking redress. It allows victims to articulate the multiple and intersecting forms of subordination that have negatively affected their lives. Intersectionality rejects the anemic and siloed approach to human rights that invariably fails to capture and remedy the complex, intersectional violations that characterize the lived experience of subordination for many people. Intersectionality has positively influenced human rights discourse ranging from the UN human rights treaty bodies to local human rights organizations that have incorporated the theory into their organizational missions. The theory is gaining ground in international human rights discourse, and it will continue to transform and expand our vision of appropriate remedies for human rights violations. Only by more accurately conceiving of intersectional human rights violations can we hope to provide meaningful and comprehensive remedies to those who have experienced violations of their rights.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"16 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123577105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Global Application of Intersectionality Theory 交叉性理论的全局应用
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0003
Johanna E. Bond
{"title":"Global Application of Intersectionality Theory","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0003","url":null,"abstract":"This chapter delves into examples of global intersectionality to illustrate the need for a thorough and consistent intersectional approach to human rights violations around the world. Although it is impossible to provide an exhaustive analysis of the many and varied types of intersectional human rights violations, this chapter offers multiple examples of intersectional human rights violations, including (1) gender-based violence, including both non-state actors who commit intimate partner violence and sexual violence in armed conflict; (2) maternal mortality and inadequate prenatal care in Brazil; (3) coerced sterilization among the Roma in Europe; (4) disproportionate discipline and punishment of Black girls in the United States; and (5) inconsistent LGBTQI rights. These case studies implicate different human rights, including the right to be free from violence, the right to education, and the right to the highest attainable standard of health. Each example demonstrates how a more nuanced, intersectional lens is necessary to capture the rights at stake and to contemplate appropriate remedies for victims of human rights violations in full.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124446446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Strategies for Reform: Facilitating Intersectionality in Human Rights Advocacy 改革战略:促进人权倡导的交叉性
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0009
Johanna E. Bond
{"title":"Strategies for Reform: Facilitating Intersectionality in Human Rights Advocacy","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0009","url":null,"abstract":"An intersectional human rights framework offers victims of human rights violations the best chance to recover remedies that fully address the complex and structural dimensions of the violations. To be effective within any national, regional, or international human rights system, however, intersectionality must be part of the institutional culture. Members of the human rights bodies must be conversant with the theory and comfortable applying it in a variety of human rights scenarios. Chapter 7 explored the ways in which NGOs can facilitate intersectional analysis by engaging human rights bodies in the discourse of intersectionality. This chapter examines structural reforms within the UN human rights system that will foster intersectional analysis. Breaking down the silos in the treaty body system and creating opportunities for collaboration will help to facilitate system-wide intersectional analysis, all of which will benefit victims of human rights violations around the world.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125748433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Evolution of Intersectionality in the UN Treaty Bodies 联合国条约机构交叉性的演变
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0004
Johanna E. Bond
{"title":"Evolution of Intersectionality in the UN Treaty Bodies","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0004","url":null,"abstract":"This chapter details the increasing attention to intersectionality theory within the work of the UN human rights treaty bodies, committees of experts who oversee implementation of the human rights treaties. Although scholars and activists have explored and advocated for intersectionality theory in the international human rights context for almost twenty years, the UN has been slow to incorporate and make use of intersectionality’s insights. Since approximately 2000, UN treaty bodies have cautiously begun to explore intersectionality as a theoretical framework for examining rights violations. The results of this trend are encouraging. When the treaty bodies embrace intersectionality, they are better able to reflect and remedy the complexity of human rights violations. Remedies focused only on one axis of discrimination, in contrast, provide only limited relief for victims and stymie a full and nuanced understanding of the violations at issue.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127566310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intersectionality and Human Rights within Regional Human Rights Systems 区域人权系统内的交叉性和人权
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0005
Johanna E. Bond
{"title":"Intersectionality and Human Rights within Regional Human Rights Systems","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0005","url":null,"abstract":"This chapter explores the ways in which regional human rights systems, which operate alongside the UN human rights system, have increasingly embraced intersectionality in their analysis of complex human rights violations. After a review of each system’s basic structure and primary human rights treaties, the chapter briefly examines the ways in which the treaty language itself includes, or does not include, intersectional principles. The chapter then reviews the “soft law” related to intersectionality within each regional system: the non-binding law or policy reflected in regional recommendations, guidelines, or programs. Although it is impossible to comprehensively cover the regional human rights jurisprudence given the scope of the chapter, each section offers a generalized overview of the regional system’s approach to intersectionality in its non-discrimination jurisprudence. Finally, each section provides an example of intersectional discrimination and a more detailed description of how the relevant judicial bodies have approached intersectionality. The chapter uses an intersectional lens to explore LGBTQI (lesbian, gay, bisexual, transgender, queer and/or questioning, and intersex) rights in the African region, the rights of poor and Indigenous women to be free from violence in the Americas, and the equality rights of Roma women in the European system.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129890476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introduction: Centering Intersectionality 介绍:中心交叉性
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0001
Johanna E. Bond
{"title":"Introduction: Centering Intersectionality","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0001","url":null,"abstract":"Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, for example, often target women on the basis of both gender and ethnicity. When human rights actors intervene on behalf of those harmed by sexual violence in armed conflict, they must understand the intersectional complexity of those violations. Global Intersectionality and Contemporary Human Rights examines the influence of intersectionality theory on human rights law in the modern era and its evolution as a theoretical framework in the United States and around the world. This volume draws on feminist theory, critical race theory, and human rights jurisprudence to argue that scholars and activists have underutilized intersectionality theory in the global discourse of human rights. This chapter introduces readers to the book’s argument that the United Nations and other human rights organizations must do more to actively embrace intersectionality as an analytical framework for the promotion of human rights around the world.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131348851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Putting Intersectionality to Work: Non-governmental Organizations 发挥交叉性:非政府组织
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0008
Johanna E. Bond
{"title":"Putting Intersectionality to Work: Non-governmental Organizations","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0008","url":null,"abstract":"Just as the UN treaty bodies have been increasingly willing to consider intersectionality in the international human rights context, many nongovernmental organizations have also incorporated an intersectional approach into their human rights advocacy. NGOs enjoy a symbiotic relationship with the treaty bodies, holding the treaty bodies accountable for their human rights work while also accepting guidance from the treaty bodies as to how best to engage with the UN system. This reciprocal dynamic makes NGOs a fruitful source for exploring their potential to advocate for intersectional approaches within the United Nations and for examining ways in which the treaty bodies might also encourage NGOs to use intersectional frameworks in their own advocacy work. The growing acceptance of intersectionality within the United Nations and within the civil society sector is mutually reinforcing and holds the promise of more comprehensive remedies for human rights victims.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"2021 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121726215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intersectionality in Treaty Body Decisions 条约机构决定的交叉性
Global Intersectionality and Contemporary Human Rights Pub Date : 2021-07-22 DOI: 10.1093/oso/9780198868835.003.0006
Johanna E. Bond
{"title":"Intersectionality in Treaty Body Decisions","authors":"Johanna E. Bond","doi":"10.1093/oso/9780198868835.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198868835.003.0006","url":null,"abstract":"This chapter uses the Committee on the Elimination of Discrimination Against Women (CEDAW) as a case study to explore the extent to which the UN treaty bodies have embraced intersectionality in their examination of individual complaints. In many cases, the UN treaty body system allows human rights victims to seek justice for rights violations by submitting a human rights complaint to one of the treaty bodies. The ability to bring a complaint to an international body offers victims a chance at compensation, remedies that may prevent future violations, and an acknowledgment that the state violated their rights. Although the complaint process cannot bring back a family member who was, for example, murdered by representatives of the state, holding the government accountable for its actions can be a powerful remedy for many victims. This chapter probes for evidence of intersectional analysis in one Committee’s consideration of individual complaints. The Committee’s jurisprudence reveals that it is moving toward an intersectional approach, which will enhance available remedies and lead to stronger human rights protection.","PeriodicalId":135609,"journal":{"name":"Global Intersectionality and Contemporary Human Rights","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129787560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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