The concept of global jusitce is premised on the belief that all poeple are entitled to certain fundamental human rights solely by virtue of being memebers of the human community. The 1948 Universal Declaration of Human Rights (UDHR) was a seminal step toward this vision; for the first time, states agreed to uphold the fundamental rights and liberties of their citizens. Enforcement of these human rights guarantees, however, has been severly constrained by the nearly impregnable doctrine of state sovereignty. International law, traditionally limited to regularting behavior between states and not between individuals and a state, reinforced this state-centric view of human rights. This article was written by Janet Benshoof for the Encyclopedia of Global Studies in 2012.
New York Review of Law and Social Change, “U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution”
The NYU Review of Law & Social Change publishes an article titled "U.S. Ratification of CEDAW: an Opportunity to Radically Reframe the Right to Equality Accorded Women Under the U.S. Constitution" by Janet Benshoof (GJC's Founder and President).
Subheadings in this article include "Women's Rights Advocated Shaped the Development of the Supreme Court's Scheme of Women's Rights", "The Tripartite Scheme Used by the Supreme Court to Adjudicate Women's Rights to Equality", and "The U.S. Ratification of CEDAW: an Opportunity for Change."
Using the Convention on the Elimination of All Forms of Discrimination Against Women to Advocate for the Political Rights of Women in a Democratic Burma
Article written by GJC Fellow, Andrea Friedman, for the Harvard Journal of Law and Gender on using CEDAW to advocate for gender equality in Burma.
The military dictatorship ruling Burma has had a firm grip on the country for over forty years.2 Despite authorizing a democratic election in 1990, the junta refused to turn over power, and jailed many elected to office. Forces for a democratic Burma remain strong, although the draconian measures taken by the ruling regime have forced the majority of those fighting for democracy to organize in exile. These groups in exile are joined together by a vital fight to bring peace to Burma after decades of violence, a peace that would enable them to return home. Unfortunately, the inclusion of women in this effort has been pushed aside in the name of a larger struggle, likely with the assumption that equality will be addressed once there is democracy. This assumption undermines democracy itself. Critical to the formation of a democratic Burma is the inclusion of women in all the nation-building steps, such as peace negotiations, transitional governments, constitution drafting, and war-crimes tribunals. Those groups arguing for democracy and the rule of law must live up to their own rhetoric and set the stage for a true democracy by ensuring the inclusion of women.