Sunday, November 3, 2019
To date human rights law has contributed little in terms of gender and Essay
To date human rights law has contributed little in terms of gender and sexuality related rights. Discuss - Essay Example Contextually, we must proceed to analyse the effects of human rights law in relation to gender and sexuality linked rights. This paper utilises a detailed review of academic and legal literature which is followed by a legal analysis. Next, case examples have been appended and the paper finally culminates at an appropriate conclusion. Evolution of the human rights law framework is one of the relatively recent developments. To understand the implications, backgrounds and characteristics of gender and sexuality related rights in relation to human rights, review of the literature related to feminism and feminist jurisprudence in particular becomes rather important. Hilaire Barnett has attempted to evaluate the relevance and implications of feminist jurisprudence from feminist, historical, socio-cultural and legal perspectives.1 Historical evidence of discrimination against women can be empirically testified by the practices like Chinese footbinding, female circumcision, Hindu suttee of India, European witch murders, wife sale in England, etc. A comparative analysis of these historic socio-cultural trends reveals the existence of certain tendencies in the society which give rise to gender-based violence against women. The legal developments too have been affected in efforts to curb these tendencies. For example, British colonial rulers in India had to pass a legislation that stopped the practice of Hindu suttee during the 19th century. Hence, gender inequalities and related violence have been intercultural and appropriate legal action in this regard must always be welcome.2 Further, analysis of gender based crime against women is extremely important in the context of criminal law as well. Lawââ¬â¢s engagement with the female body is not only an ethical but also a technical issue in evaluating the existing criminal law framework.3 Addressing discrimination issues in regards of women is thus important in the context of UK. In fact, British women
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