No-Nonsense Guide to Women's Rights, 2nd edition by Nikki van der Gaag

Author:Nikki van der Gaag [Gaag, Nikki van der]
Language: eng
Format: epub
ISBN: 9781906523664
Barnesnoble:
Publisher: New Internationalist
Published: 2008-11-01T00:00:00+00:00

In Africa, common and customary law has generally discriminated against women. For example, in some countries women are not allowed to inherit, own or sell land, or to pass their nationality on to their children. Courts in countries such as Tanzania are beginning to address this problem – nationality laws have been reformed in Mauritius and Zimbabwe and also in other non-African countries including Costa Rica, Italy, Jamaica, Lebanon and Portugal.

The Colombian Constitutional Court

In Colombia, the Constitutional Court has made a number of important decisions involving women’s human rights. It has recognized the principle that women’s domestic work has real economic value. When called upon to determine a woman’s property rights after the death of her common-law husband, the court recognized her domestic work as having contributed to the acquisition and improvement of their home. In another decision, it ordered a high school to re-admit a girl who had been expelled for becoming pregnant. In 1993, the court released a decision regarding the treatment of women prisoners that relied explicitly on the Women’s Convention. A challenge was brought over prison regulations that required women prisoners to be fitted with an IUD or take contraceptives prior to conjugal visits but did not make men wear condoms on similar visits. The court ordered that the prison system cease enforcing this regulation, as it violated the constitution’s protection against sex discrimination, its guarantee of reproductive and family rights, and the obligation placed on the State to provide women special assistance and protection around pregnancy and birth. The court also found that the regulation was in violation of the Women’s Convention.

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