Traditional Local Justice, Women’s Rights, and the Rule of Law: A Pluralistic Framework

Ratio Juris ◽  
2019 ◽  
Vol 32 (2) ◽  
pp. 210-232
Author(s):  
Alessandra Facchi
Keyword(s):  
Rule Of Law ◽  
Women's Rights ◽  
Women’S Rights ◽  
The Rule Of Law ◽  
Local Justice

The Involvement of Malagasy Women Parliamentarians for a State of Law allowing the Development of Women

2021 ◽  
Author(s):  
RANDRINRIJAONA MAEVA
Keyword(s):  
Political Culture ◽  
Rule Of Law ◽  
Women's Rights ◽  
The Political ◽  
Women’S Rights ◽  
Political Rights ◽  
Women's Development ◽  
Equal Part ◽  
Women's Participation ◽  
The Right

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.

Cuando se tejen los sueños. La voz de la mujer sapara y su pueblo

2021 ◽  
pp. 91-94
Author(s):  
Rosita Ortega Vásquez
Keyword(s):  
Women's Rights ◽  
Protective Action ◽  
State Violence ◽  
Women’S Rights ◽  
Local Justice ◽  
Indigenous Organizations ◽  
Precautionary Measures ◽  
The Relationship

This article analyzes the relationship between the extractivist model in Ecuador and state violence against Amazonian women defenders based on the case of Nema Grefa, President of the Sapara Nation of Ecuador (NASE), who has been intimidated and threatened with death on several occasions. From the demand for protective action and request for precautionary measures in favor of the leader and the Sapara people. The analysis of this case discusses collective and women’s rights in a local justice scenario, where the articulation of indigenous organizations, organizations for the defense of women’s rights, ecofeminists and the Ombudsman’s Office (Defensoría del Pueblo) will be key.

scholarly journals Women’s Rights and Sovereignty/Autonomy

2013 ◽  
Vol 1 (3) ◽  
pp. 360-393
Author(s):  
Shannon Speed ◽  
María Teresa Sierra ◽  
Lynn Stephen ◽  
Jessica Johnson ◽  
Heike Schaumberg
Keyword(s):  
Indigenous Peoples ◽  
Women's Rights ◽  
Good Governance ◽  
The United States ◽  
Indigenous Women ◽  
Women’S Rights ◽  
District Courts ◽  
Local Justice ◽  
Administration Of Justice ◽  
The Relationship

In recent years in both the United States and Latin America, indigenous peoples have taken increasing control over local justice, creating indigenous courts and asserting more autonomy in the administration of justice in their tribes, regions, or communities. New justice spaces, such as the Chickasaw District Courts in Oklahoma and the Zapatista Good Governance Councils in Chiapas, work to resolve conflict based largely on indigenous ‘customs and traditions.’ Many of the cases brought before these local legal bodies are domestic cases that directly involve issues of gender, women’s rights and culture. Yet the relationship between ‘indigenous traditions’ and women’s rights has been a fraught one. This forum article considers how these courts emerged in the context of neoliberalism and whether they provide new venues for indigenous women to pursue their rights and to challenge gendered social norms or practices that they find oppressive.

scholarly journals Lost Opportunity

2014 ◽  
Vol 22 (2) ◽  
pp. 285-312 ◽  
Author(s):  
Gareth A. Jones ◽  
Sarah Thomas de Benítez
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Women's Rights ◽  
Women’S Rights ◽  
Political Space ◽  
Child Trafficking ◽  
Child Rights ◽  
Close Analysis ◽  
Rights Discourse ◽  
Lost Opportunity

This paper provides a close analysis of a scandal that broke in Mexico following publication of a book that accused businessmen and politicians of involvement in child trafficking and paedophilia. The book’s author, Lydia Cacho, was abducted, imprisoned, threatened with violence and charged with defamation. As further evidence of complicity in the protection of paedophile rings surfaced, a firestorm of public anger and media scrutiny focussed on the plight of Cacho and key political figures including a state governor. A rare political space was thus opened for a debate on child rights. Yet it was a space that csos and child rights networks failed to exploit. This paper examines how child rights discourse had limited salience in circumstances where csos were compromised, uncommitted and disunited. Developing the concept of a ‘rights effect’, we argue that advocacy for child rights must not assume a natural fellowship with discourses of human rights generally, or with women’s rights, press freedoms and rule of law.

The Project ‘Activating the Village Courts’

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Rule Of Law ◽  
Democratic Governance ◽  
State Courts ◽  
The Rule Of Law ◽  
Local Justice ◽  
The World ◽  
International Donor ◽  
Donor Agencies ◽  
The Village ◽  
The Eu

International donor agencies have only recently started again to turn towards non-state courts as potential sites for the promotion of human rights and the rule of law. This chapter analyses this turn by focusing on one project aimed at activating village courts in Bangladesh. The project is the largest donor-sponsored intervention in non-state justice systems anywhere in the world today. The chapter reconstructs the genesis of the project. It thereby not only reveals strong parallels between the contemporary project and its colonial predecessor but also shows how the contemporary project with the village courts emerged in recursive processes of translation between international bureaucrats and Bangladeshi legal experts. The chapter concludes with an analysis of the different ways in which the EU, UNDP, and local NGOs make sense of the village courts as institutions of the rule of law, democratic governance, and local justice.

United Nations Constitutional Assistance Continues Its Civilizing Role

2020 ◽  
pp. 397-423
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Rule Of Law ◽  
Third World ◽  
Good Governance ◽  
Women’S Rights ◽  
Free Markets ◽  
The Rule Of Law ◽  
Resources Exploitation ◽  
Constitution Making

This book asks: Why has the UN empowered itself to offer constitutional assistance in sovereign Third World states? This Chapter, which draws from the UN’s official explanations completes the answer. It shows that since its birth in 1949, UNCA has: a) assisted colonies and/or sovereign states adopt what is central to colonial trusteeship: the Western liberal constitution; b) worked in response to perceived problems with their constitution-making process and the type of constitutional content they create; c) worked to achieve four ostensible ends: free markets, the rule of law, good governance (including natural resources exploitation), and civilized customs, and their modern equivalent: women’s rights; d) served ostensibly to civilize/ ‘modernize’ Third World peoples, in market-oriented ways, with a view to either manufacture their sovereignty, or ‘strengthen’ it. In these ways, since its birth, UNCA has acted as international trusteeship. Therefore, so does its child: UN/International Territorial Administration. This chapter concludes that UNCA has spawned a new civilized standard: participatory constitution-making.

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