module specification

This module introduces the consideration of the possibility of a structural gender bias in the construction of both human rights rhetoric and the actual instruments, and its effects on women’s rights. It aims to encourage critical reflection on the underlying principles, using the skills of philosophical analysis, as well as introducing them to the legal framework.

There has been increasing attention to gender issues in the field of human rights law, especially the rights of women, and in particular the flaws in a gender-neutral approach to human rights. A significant development has been the development of gender-specific instruments, most notably the United Nations Convention for the Elimination of All Forms of Descrimination Against Women (CEDAW). However, there is also a growing body of legal and philosophical literature analysing gender and human rights more widely, considering both gender-specific and gender-neutral instruments and jurisprudence, the gendered nature of their impact on women’s rights, and possible future directions.

This module will combine legal and philosophical approaches and analyses, enabling students to criticise both the practical impact and limitations of human rights upon specific issues and the underlying principles involved.

Each topic covered will not only increase substantive knowledge of the relevant human rights law, but will build upon the principles and philosophical approaches covered in other topics.
Students will be asked to complete individual research essays, allowing them scope to consider one or two areas in some depth. However, the essay will also draw upon their wider grasp of the themes developed throughout the course.

The aim is to enable students to understand the relevant human rights laws and principles, and to engage critically and analytically with them.

Each topic will be introduced by a lecture, followed by a seminar in which students will actively participate. The sessions will be taught jointly by Alya Khan (a philosopher) and Caroline Derry (a lawyer), with the emphasis on the philosophical approaches, but ensuring that these are combined with legal issues, and given proper attention throughout the course.

By the end of the module, students will be able to demonstrate:

• a systematic understanding and critical awareness of current theoretical debates concerning the relation between law, the concept of gender, and women’s rights;
• a thorough knowledge and critical understanding of the main international mechanisms and instruments, and domestic legislation and jurisprudence, relevant to women’s rights;
• the ability to reflect upon the impact of human rights law on the topics covered in a critical and philosophically-informed manner;
• a conceptual understanding of the underlying principles, and critiques (particularly feminist critiques of gender) of the topics covered; and
• the ability to evaluate and articulate the potential and limitations of human rights approaches to gender issues and women’s rights.

This module will be assessed by a coursework essay of 5,000 words. Students will be given a choice of essay topics by the convenors.

Formative assessment will take the form of oral presentations by students on the coursework topics

Knop, Karen (ed), Gender and Human Rights, Oxford University Press, 2004
McColgan, Aileen, Women Under the Law: The False Promise of Human Rights, Longman, 2000
Cook, Rebecca J (ed), Human Rights of Women: National and International Perspectives, University of Pennsylvania Press, 1994
French, Stanley, Wanda Teays & Laura Purdy, eds. Violence Against Women: Philosophical Perspectives, Cornell University Press, 1995
Held, Virginia Justice & Care: Essential Readings In Feminist Ethics, Westview Press, 1995
Sevenhuijsen, Selma, ed. Citizenship & The Ethic Of Care, Routledge, 1998
Benhabib, Seyla Situating The Self: Gender, Community & Postmodernism In Contemporary Ethics, Routledge 1992
DiQuinzio, Patrice & Iris Marion Young, ed. Feminist Ethics & Social Policy, Indiana
University Press, 1997
MacKinnon, Catherine Feminism Unmodified: Discourses On Life And Law, Harvard University press, 1988
Pierce, Christine Immoveable Laws, Irresistable Rights: Natural Law, Moral Rights & Feminist Ethics, University press of kansas, 2000
Tronto, Joan Moral Boundaries: A Political Argument For An Ethic Of Care, Routledge,
1993
Cornell, Drucilla At The Heart Of Freedom: Feminism, Sex And Equality, Princeton University Press, 1998
Reports of the Committee on the Elimination of Discrimination Against Women

Selected websites:

UNIFEM website: http://www.unifem.org/
Women and Gender Studies: http://libr.org/wss/WSSLinks/index.html
Women and Gender Resources on the Web: http://www.library.wisc.edu/libraries/WomensStudies/others.htm
Gender Mainstreaming in UNESCO: http://portal.unesco.org/en/ev.php-URL_ID=3160&URL_DO=DO_TOPIC&URL_SECTION=201.html
Women, Gender and Law: http://www.catalaw.com/topics/Women.shtml
WHO – Gender-Based Violence: http://www.who.int/gender/violence/en/