The Question of Constitutionality, International Law and Women’s Protection after Turkey’s Withdraws from Istanbul Convention

The Question of Constitutionality, International Law and Women’s Protection after Turkey’s Withdraws from Istanbul Convention

By guest contributors Sarthak Gupta* The ‘Istanbul Convention’ officially referred to as the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence is the first legally enforceable international instrument in Europe addressingviolence against women. Turkey was the first country to sign the Convention in 2011. In 2012, on International Women Day, the Turkish Parliament overwhelmingly adopted the Convention, and the Law on the Protection of the Family and the Prevention of Violence Against Women (Law No. 6284) was enacted to integrate the Convention into domestic legislation. In March 2021, Turkey also became the first nation to withdraw from the Convention, ironically that too on International Women’s Day, following its 10th anniversary.  This withdrawal came during the time Covid-19 pandemic when women were more vulnerable to domestic violence. Istanbul Security Directorate statistics stated that there has been a 38% increase incases of domestic violence since March 2020. As per the Turkish Federation of Women’s Association, the physical violence...
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Recognition of “Marital Rape” As a Valid Ground for Divorce – An Affirmative Step towards Marital Equality and Women’s Rights in India

Recognition of “Marital Rape” As a Valid Ground for Divorce – An Affirmative Step towards Marital Equality and Women’s Rights in India

By guest contributor Yamika Khanna* The Madras High Court in a remarkable judgment (case name was redacted due to the sensitive nature) upheld that marital rape, although not penalized under the Indian Penal Code, is a valid ground to claim divorce. The judgment is a light at the end of a very dark tunnel in recognizing the heinous nature of marital rape as a gross violation of bodily autonomy, privacy, and dignity of a married woman, especially under a legal regime that considers non-consensual sexual intercourse with the “wife” by the “husband” as an exception to the crime of rape. An appeal was filed before the Hon'ble Court against the judgment of the Family Court. The Family Court vide its judgment allowed the petition for divorce sought by the wife on the ground of cruelty. The gravest contention of the wife with reference to cruelty against her pertained to the worst forms of sexual perversion including unnatural intercourse against the wife’s will. In...
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The Fate of Afghan Women after the US Withdrawal: A Legal Analysis

The Fate of Afghan Women after the US Withdrawal: A Legal Analysis

By guest contributors Ashutosh Anand* and Kaustubh Kumar**   INTRODUCTION The deal between the US and the Taliban signed in February 2020 stated that the US and its allies would withdraw all its troops from Afghanistan within 14 months. On August 31, 2021, all American forces have already withdrawn from Afghanistan, which has consequently unleashed havoc on the rights of Afghani women. When the US and its allies waged war on Afghanistan, the defense of women’s rights was one of their prime reasons to justify their invasion and subsequent occupation. The post-Taliban constitution, enacted in 2004, provided women with most of the basic human and civil rights. Moreover, under American troops’ presence, the post-Taliban regime followed a liberal policy towards women by providing access to healthcare, education, and work. For women’s empowerment in politics, the government also offered a 27 percent reservation of seats for women in Wolesi Jirga (House of People) of Afghanistan, which helped uproot the conservative mindset for women in Afghan...
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Violation of International Laws and Women’s Rights: Afghanistan, the Taliban, and the Price of Peace

Violation of International Laws and Women’s Rights: Afghanistan, the Taliban, and the Price of Peace

By guest contributor Shelal Lodhi Rajput, a student at Symbiosis Law School.  Uncertain certainties: An eclipse on human rights A country torn apart by war, a country that has seen 40 years of war, a country often referred to as ‘graveyard of empires,’ a country with the shattered dream of peace and a country with a million dollar question i.e., ‘Will the war ever end’? The country is Afghanistan, where things are going from bad to worse with the withdrawal of United States Combat troops. Once again history is repeating itself as the return of the Taliban spell suggests an end to civil liberty, basic human rights, prominently rights of women, and once again the regime of Talibanned as it existed in Afghanistan from 1996-2001. Previously, the Taliban regime banned several innocuous activities including kite flying, makeup artists and musicians. The Taliban’s return to power is evident with every passing day, their insurgencies are increasing day by day and with the alarming rate...
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Plight of Sex Workers During COVID-19: A South Asian Perspective

Plight of Sex Workers During COVID-19: A South Asian Perspective

By Atika Chaturvedi, a third year law student at National University of Study and Research in Law at Ranchi, India.  As the world came to a standstill, the shock of the lockdown rippled through the various strata of society. The proliferation of COVID-19 in 2020 left the daily wage earners around the world scraping for money and struggling for survival. One such group was sex workers. Albeit, various South Asian governments formulated covid-relief packages, most of them left out sex workers out of the ambit of such packages. Article 1 of the Universal Declaration of Human Rights, which affirms that all human beings are born free and equal in dignity and rights, and Article 3, that guarantees everyone the right to life, liberty and security of person, were denied to the sex workers as they were not only curtailed from earning their livelihood, but were also rendered ineligible for the relief packages. They were stripped off of the chance of continuing...
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Amnesty Philippines: Promoting Corporate Accountability and Indigenous Women’s Rights through Human Rights Education

Amnesty Philippines: Promoting Corporate Accountability and Indigenous Women’s Rights through Human Rights Education

By Noah Smith, RightsViews staff writer. Promoting Corporate Accountability and Indigenous Women’s Rights was a five-year project implemented by Amnesty International (Amnesty) Philippines under the larger global Education, Empowerment, Justice (EEJ) Program, which ran from 2013 to December 2017. The EEJ program was coordinated by Amnesty Norway with the goal of reinforcing basic human rights of people across the world and contributing to greater justice for thousands of human beings through human rights education and empowerment initiatives. Since its inception in 2013, the project distinguished itself in such a way by coalescing women’s empowerment within a framework of corporate accountability; courageous in its attempts to change the balance of power in three exceedingly patriarchal indigenous communities; and undaunted in targeting governance structures to perform their state obligations to protect, respect, and fulfill indigenous communities’ rights.  The project was implemented in the Caraga Region which is an administrative region in the Philippines occupying the northeastern section of the island of Mindanao. It is...
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The Vital Role of Women in Peacebuilding

The Vital Role of Women in Peacebuilding

By Susy Prochazka, RightsViews staff writer and graduate student in the human rights MA program. In modern conflicts, women make up the majority of those displaced from their homes and communities, endure more property and economic damages, and suffer extreme physical harm and sexual violence at the hands of militia groups, but peace negotiations fail to incorporate their voices. Despite being those most harmed by conflict and regardless of evidence that their meaningful participation is vital in implementing a lasting peace, women are consistently and conspicuously absent from the peacebuilding process.  Last year marked the 20-year anniversary of UN Security Council (UNSC) resolution 1325, which recognized, for the first time, the unique impact conflict has on women and the critical role women play in conflict resolution and peacebuilding. Resolution 1325 emphatically stressed the importance of women’s leadership and meaningful participation in conflict resolution and repeatedly reaffirmed the necessity of women’s “full, equal and meaningful participation” in peace processes. Even with the adoption...
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Complicating Ruth Bader Ginsburg’s Legacy Through the Lens of White Feminism, Race, and Indigenous Rights

Complicating Ruth Bader Ginsburg’s Legacy Through the Lens of White Feminism, Race, and Indigenous Rights

By Rowena Kosher, Co-Editor of RightsViews and student at Columbia's School of General Studies majoring in Human Rights with a Concentration in Gender & Sexuality Studies. On September 18, Justice Ruth Bader Ginsburg died at 87, after serving on the Supreme Court of the United States (SCOTUS) for 27 years. Ginsburg, popularly known as RBG, and in her most recent fame “The Notorious RBG,” is a feminist icon. This is for good reason—she accomplished a number of “firsts” in her lifetime and her work contributed to groundbreaking progressive legal changes, particularly regarding gender.  Ginsburg graduated top of her Columbia class and became the first woman to be appointed as full professor at Columbia Law. As Director of the ACLU’s Women’s Rights Project, she litigated over 300 sex discrimination cases before working on the D.C Court of Appeals for 13 years. Ginsburg joined SCOTUS in 1993, where she served until her death. During this time, Ginsburg rose to mainstream fame, becoming well known...
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Death Penalty for Child Rapists in India: Populist, Hasty, Counterproductive

Death Penalty for Child Rapists in India: Populist, Hasty, Counterproductive

by Shardool Kulkarni, a law student at the University of Mumbai This January, an eight-year-old girl hailing from a minority shepherding family in India was abducted, gang raped and brutally murdered in the Kathua region of Jammu and Kashmir. In the subsequent months, the incident generated polarized reactions in India and around the world, with public outcry juxtaposed against the response from individuals in authority and alleged politicization of rape owing to the victim’s minority status. The ensuing public discourse has placed the ruling dispensation headed by Prime Minister Narendra Modi under intense scrutiny, particularly in relation to the government's stance and policies regarding child rape. In April 2018, the Criminal Law Amendment Ordinance, 2018 was promulgated. The said ordinance brought in several changes to the existing legal framework pertaining to child rape in India, the most significant being the imposition of the death penalty as punishment for rape of a girl below the age of twelve years. The move, while hailed by...
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The Story of a Young Tunisian Mother’s Struggle for Safety

The Story of a Young Tunisian Mother’s Struggle for Safety

By Izzy Tomico Ellis, a journalist and activist who has been heavily involved in the refugee crisis since 2015. Additional reporting by Niamh Keady-Tabbal. Syrine* is sitting on the edge of a bed inside a tidy room for two, in City Plaza — a squatted hotel in Greece where solidarians from all over the world have flocked to bring respite to its refugee residents. Her little son started walking yesterday. In between our conversation, she holds out her hands to catch him as he falls down. Soothing him, she recalls, "I looked on Facebook to find out what to do when he was crying. I was alone with a baby…I didn’t know anything."  When we asked her if we could write down her story, she smiled, "I’ve thought about telling it a lot." The strength with which she carried herself had compelled me to ask, and at the same time made me worry she’d laugh. For her, a 21-year-old mother, bravery comes so naturally.  When we first met...
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