Suchergebnisse

This volume in the Brill Research Perspectives in Comparative Discrimination Law compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution sex discrimination protection in human rights law in three treaty-bodies - the CEDAW Committee, the HRC and the CESCR. Second, it traces the development of sex discrimination protection in three domestic law frameworks - the United States, Australia and India. Finally, it compares the development of sex discrimination protection in international law with its development in the domestic laws of the three countries and analyses the implications of that comparison. Despite differences in the translation of international approaches to sex discrimination into domestic law and differences in social, political and cultural contexts, women appear to face similar limitations in accessing justice through sex discrimination frameworks

"This volume in the 'Brill Research Perspectives in Comparative Discrimination Law' compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution sex discrimination protection in human rights law in three treaty-bodies - the CEDAW Committee, the HRC and the CESCR. Second, it traces the development of sex discrimination protection in three domestic law frameworks? the United States, Australia and India. Finally, it compares the development of sex discrimination protection in international law with its development in the domestic laws of the three countries and analyses the implications of that comparison. Despite differences in the translation of international approaches to sex discrimination into domestic law and differences in social, political and cultural contexts, women appear to face similar limitations in accessing justice through sex discrimination frameworks."

This article sets out a women's human rights approach to the legal regulation of sex work developed through an analysis of feminist perspectives, international human rights standards—in particular, the approach of the Committee on the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)—and the voices of female sex workers within India. It categorises sex work into four legal models, namely, prohibition which criminalises all aspects of the sex trade, partial decriminalisation which criminalises only those who force women into sex work and those who trade in under-age sex workers, social control legalisation which decriminalises but regulates the sex trade with the aim of containing through (often punitive) restrictions, and finally pro-work which approaches sex work as valid employment by extending the legal and human rights of other workers to sex workers. The article places India's current regulatory framework into the prohibition model and argues that the legal response to sex work that most closely accords with a women's human rights approach is partial decriminalisation coupled with a pro-work model. Although the introduction of this model in India poses considerable challenges, it has the greatest capacity to first, reduce the crime and corruption that surrounds the sex trade; second, to enhance, promote and protect public health and third, provide appropriate legal and human rights protection to sex workers as international obligations require.