Discriminatory Legal Systems

This program utilizes international law and international standards to challenge discriminatory legal policies and practices on sexual and gender-based violence.


The Gender Gap and Women's Political Power in Myanmar/Burma

The rights of women under international law, including the right to occupy positions of political power, have advanced more in the last 20 years than ever before. True political participation requires a significant number of women in all areas of governance: ceasefire and peace treaty negotiations, constitution drafting committees, political parties, executive branch appointments, and elected positions.

In Burma, the long history of militarization has reinforced and perpetuated the gender gap in power. Women are not admitted into active military service, effectively excluding them (as well as ethnic minorities) from political participation since top offices are reserved for the military. Therefore, they have also been ineligible for the employment, education, business, joint venture and travel opportunities created by military status.

Pursuant to the 2008 Constitution, the Defense Services (Tatmadaw) remain an integral and permanent part of the machinery that governs Burma and is constitutionally guaranteed complete power and autonomy. The continued military dominance guaranteed by the Constitution is the main obstacle for women in Burma hindering them from ever gaining real political power.

This timeline illustrates the absence of women’s voices from formal governing structures throughout Burmese history. It should provide an impetus for this formerly silent majority, the feminist majority, to make their voices heard and to take their turn at governing the country.

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Letter to Louise Arbour: RE: The International Crisis Group’s Policy Urging Unconditional Engagement with Burma’s Military Rulers Contradicts States’ Absolute Obligations to Respond to Burma’s Serious Breaches of Peremptory Norms of International Law, Sep

Letter to Louise Arbour: RE: The International Crisis Group’s Policy Urging Unconditional Engagement with Burma’s Military Rulers Contradicts States’ Absolute Obligations to Respond to Burma’s Serious Breaches of Peremptory Norms of International Law, September 2011

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Why is a War Criminal Getting a Peace Prize?

Tuesday, April 23, 2013, 17:00-18:00

At New York, New York

On Tuesday April 23, Burmese President Thein Sein was awarded a peace prize from the International Crisis Group, an NGO dedicated to resolving deadly conflict. Oddly, presenting Thein Sein with this award is a step away from the ICG’s goal, seeing as their main focus involves conflict resolution, something the Burmese president has evaded. In ICG’s recognition of Thein Sein, they highlight that he has transformed Myanmar by “liberalizing past repressive laws” and “making significant strides in ending internal conflicts, securing ceasefires with all but one of the ethnic armed groups”. However, they gloss over the fact that despite the changes that he’s made, ethnic groups are still being oppressed by the military. There have been ongoing reports against the Myanmar Army from a multitude of sources, including the UN, with claims accusing them of systemic use of rape against Ethnic women. These allegations clearly indicate that rape is being used as a weapon of war against ethnic minorities, while the government turns a blind eye to these atrocities. Instead of acknowledging these methodical violations of human rights or making some sort of effort to alleviate the situation, President Thein Sein has merely denied the allegations. Reports have made it clear that the Myanmar army uses rape to terrorize and intimidate Ethnic people. As a signatory of the Geneva Convention, the nation of Myanmar is obligated to take initiatives to enforce humanitarian law against its army, but has failed to do so. As an advocate of human rights, GJC does not support a leader who oppresses its citizens and violates principles of humanity, especially against women. Our Rape as a Weapon of War Campaign demands justice for women raped in conflict in order to shatter this culture of impunity. Raping women for military objections is a complete violation of the Geneva Conventions, and states must face repercussions for these actions. Thein Sein should not be awarded a peace prize when he is not recognizing the abuses that his own citizens are facing under his rule as he allows this to continue, and by awarding him, the ICG is only approving of the suffering of innocent civilians. It is time to punish states that use rape as an unlawful weapon in armed conflict, not reward them.

Lessons Learnt on Violence Against Women and Girls

Friday, March 8, 2013, 11:30-13:00

At Baha'i International Community Offices

The European Association of Women Lawyers, NAWO, the Global Justice Center and others will be hosting the event “Lessons Learnt on VAGW: A better future including establishing a UN Convention on VAGW." GJC President Janet Benshoof will be talking on using the rule of law to stop Violence Against Women and Girls. 

GJC President Janet Benshoof in Democratic Voice of Burma: "It's Time for the International Community to Address Burma's Constitution"

Here's an excerpt from the article "It's Time for the International Community to Address Burma's Constitution," which was published in Democratic Voice of Burma on February 20, 2013:

The international community acts as if development and engagement alone can secure a democratic future for Burma. The United Nations and donor countries, with staggering rapidity, are investing considerable amounts of international and bilateral aid in Burma, including for “rule of law” projects designed to jettison Burma into the 21st century global legal community. However, this well-intended engagement, touting ideals of democracy and the rule of law, is built on a fallacy, which neither serves the people of Burma nor advances the global security sought by the international community.

This fallacy is that justice, democracy, and rule of law can be established in Burma notwithstanding the fact that the 2008 constitution establishing the “Republic of the Union of Myanmar” grants the “Defense Services,” under Commander-in-Chief Min Aung Hlaing, complete and total legal autonomy over its own affairs, as well as immunity for its actions, however criminal or corrupt. The truth is actually quite simple: unless and until the military is placed under civilian control through constitutional amendment, talk of democracy and rule of law in Burma is just that, talk.

Click here to read the full article in English.

Click here to read the full article in Burmese. 

Written Submission on the General Recommendation on “Access to Justice”

The GJC welcomes the Committee’s Concept Note and looks forward to the general discussion on “Access to Justice” in preparation for a General Recommendation on the subject.

In general, access to justice for women is essential to the advancement of women’s rights, including the prevention of any form of discrimination against women, including gender based violence, and the full implementation of the rights in the UN Convention on the Elimination of all Forms of Discrimination against Women.2 In this context, it is essential that women are able to assert their rights in a judicial system, have access to redress and reparation, including compensation, and have perpetrators of crimes against women held accountable.

This written submission focuses on one particular area of access to justice: the necessity to ensure equal participation in the judiciary by women, in particular through the use of quota systems. Gender parity in the judiciary is essential in order to ensure the advancement of the rule of law, and high quality, non-discriminatory decisions.

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Definition of Sovereignty

November 2012

The very definition of “sovereignty” or of a “sovereign” state like the Union of the Republic of Myanmar, assumes that the state has complete legal authority over the military and over constitution amendment processes

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The Nuclear Age Peace Foundation Calls for UN Security Council Action on the 2008 Myanmar Constitution's Removal of All Civilian Government Control Over the Military

FOR IMMEDIATE RELEASE - November 30, 2012

[NEW YORK, NY] - On November 30, 2012, the President of the Nuclear Age Peace Foundation, Dr. David Krieger, alerted United Nations Security Council members to the security risks raised by the 2008 Myanmar constitution, which denies the civilian government any power to control the military.

Myanmar/Burma’s Binding Obligations Under International Law

November, 2012

This document outlines some of Myanmar/Burma’s (hereinafter “Burma”) obligations under international law, and demonstrates the ramifications of these obligations. Burma’s obligations under international law have greatly increased due to the advances in international law and the enforcement of states obligations over the last fifteen years.

International law mandates that states either act or refrain from acting in certain ways, and provides remedies for state breaches. The framework of Burma’s obligations arise from four interrelated bodies of international law: international human rights and other treaty law, including the United Nations (UN) Charter; customary international law, including the laws of state responsibility; international humanitarian law; and international criminal law.

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Taking Rights Seriously: The Next Stage of the Human Rights Revolution

Friday, November 02, 2012 18:30 - 20:30

At The Global Justice Center

The Global Justice Center will be holding an event in New York City on Friday, November 2 from 6:30 pm – 8:30 pm. This event will feature an evening of conversation with GJC President Janet Benshoof discussing the Global Justice Center’s innovative approach to enforcing international law to establish human rights grounded in the rule of law.

INFO: Due to limited space, please contact Sarah Vaughan at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information and to RSVP for this event.

UN Security Council Resolutions on Women, Peace and Security: A Chart Detailing State Mandates to End Crimes of Sexual Violence in Armed Conflict, Ensure Accountability and Promote Gender Parity in Conflict and Post-Conflict Situations

The following chart details the legally-binding mandates of the UN Security Council Resolutions on Women, Peace and Security 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) – emphasizing the need for greater protection of women‟s rights and the inclusion of women in global governance and peace processes. The chart delineates the duties and obligations for action by 1) the UN Secretary-General, and 2) Myanmar/Burma [hereinafter Burma], as both a UN member state and a party to armed conflict.

Despite their application to Burma, the Resolutions have not brought any real and concrete change for girls and women on the ground. The inability of UN representatives to reach conflict areas in Burma severely obstructs the reporting mechanisms of SCR 1960. Additionally, since the Constitution of Burma gives complete amnesty for any and all crimes committed by the ruling military regime, the Burmese government precludes any meaningful accountability and justice mechanism for the women victims of sexual violence and enshrines further impunity for perpetrators.

The Global Justice Center is a New York based Human Rights Organization with consultative status to the United Nations working with judges, parliamentarians and civil society leaders on the strategic and timely enforcement of international equality guarantees. The Global Justice Center has been at the forefront of human rights advocacy in Burma by working closely with groups on the ground to implement international women‟s rights through the rule of law.

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Domestic Criminal Laws That Conflict with International Law: Burma's Abortion and Rape Laws - A Case Study

International law provides a model to improve often outdated domestic laws.

Burma is party to many treaties, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Genocide Convention and the Geneva Conventions. International law requires states to comply with their treaty obligations in “good faith” regardless of whether domestic laws conflict with the treaty. These obligations often include requirements that states modify their domestic laws to ensure compliance with international human rights and humanitarian standards and obligations. For example, the Genocide and Geneva Conventions, ratified by Burma, both require as a part of their fundamental mandates that states pass domestic laws to comply with their treaty obligations. Burma currently has no domestic laws implementing any of its human rights treaty obligations, with the possible exception of its laws against human trafficking.

This document examines Burma’s domestic criminal laws addressing abortion and rape and compares them with the international law standards binding on Burma. These case studies are examples of how international law can be used to reform of Burma’s domestic law to comport with international human rights and humanitarian standards.

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Letter to Norwegian Foreign Minister

Letter from the Global Justice Center to Norway's Foreign Minister Eide asking for Support for a General Assembly Request to the International Court of Justice for an Advisory Opinion on Burma's Constitution.

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Global Day of Action: Help GJC fight for safe abortion access for girls & women raped in war

For over two decades, women’s rights organizations in Latin America have mobilized around September 28th, which is also the day slavery was abolished in Brazil. Today, the Global Justice Center joins the Women’s Global Network for Reproduction Rights, who have declared September 28th Global Day of Action for Access to Safe and Legal Abortion. As part of our August 12thCampaign, GJC fights for full medical rights for girls and women raped in war, including access to safe abortions. We urge President Obama to lift the blanket abortion on US humanitarian aid that denies a girl or woman raped in war the option of an abortion, even in life/threatening situations.

War rape victims are forced to carry the child of their rapists in conflict areas such as Burma, the Democratic Republic of Congo or the Sudan, where systematic rape is often used as a weapon of war. It is even used to accomplish military goals such as genocide and ethnic cleansing. Apart from being inhumane, the American ban also violates the Geneva Conventions, which guarantee non-discriminatory medical care to the “wounded and sick”. The situation is presented in a recent article by GJC Senior Counsel Akila Radhakrishnan, published in The Atlantic.

Sign the petition on Global Action Day, or donate to the GJC and help us in the fight to lift the ban, on behalf of girls and women raped in war.