Jus Humanis Journal of International Human Rights Law
GENDER SEXUAL ORIENTATION AND HUMAN RIGHTS 1 ISSUE // MAY 2019
WHO WE ARE AND WHAT WE DO JUS HUMANIS IS A POLITICALLY INDEPENDENT ORGANISATION AND THE OPINIONS EXPRESSED IN THE JOURNAL BELONG TO THE AUTHORS ONLY.
YOU CAN FIND US HERE: WWW.JUSHUMANIS.ORG AND VIA OUR FACEBOOK PAGE: @JUSHUMANIS
IF YOU WANT TO BE INVOLVED, CONTACT US VIA FACEBOOK PAGE @JUSHUMANIS
EDITOR-IN-CHIEF: IRYNA SHARYPINA EDITOR: CAROL SOLOMON
Cover photo: RAZ Zarate, flickr. 1
IN THIS ISSUE
EDITORIAL PIECE
by Iryna Sharypina WOMEN’S UNPAID LABOUR AND CARE WORK: A BARRIER TO HUMAN RIGHTS
by Miriam Bak McKenna INTERVIEW WITH MARTHA LYIMO, COORDINATOR FOR ARUSHA WOMEN LEGAL AID AND HUMAN RIGHTS ORGANIZATION IN TANZANIA
by Luíza Fernandes
22
05
UNWANTED ANYWHERE: LGBT REFUGEES IN EUROPE
by Anastasia Khioni
12
SECOND-CLASS CITIZENS? THE RIGHT TO EDUCATION DID NOT REACH THE BRAZILIAN TRAVESTIS
by Ivan Esteves THE #BLACKPROTEST MOVEMENT OR POLISH CASE OF ABORTION LAW
by Tatsiana Rahozina UNIVERSALITY OF LGBT+ HUMAN RIGHTS WITH FOCUS ON RUSSIA: CHALLENGE FOR UNIVERSAL AND REGIONAL HUMAN RIGHTS SYSTEMS
by Iryna Sharypina INTERVIEW WITH MAJOR SAMANTHA LAPLANTE FROM THE CANADIAN ARMED FORCES
by Luíza Fernandes
2
Photo: United Nations Photo, flickr.
EDITORIAL PIECE BY IRYNA SHARYPINA
1
3
Jus Humanis Journal of International Human Rights Law // May 2019
WOMEN’S UNPAID LABOUR AND CARE WORK: A BARRIER TO HUMAN RIGHTS Article by Miriam Bak McKenna Globally, women perform the vast majority of household labour and unpaid care. This imbalance has a major impact on women’s enjoyment of human rights, including their rights to education, work, social security and participation.
4
Jus Humanis Journal of International Human Rights Law // May 2019
4
1
2
3
5
Jus Humanis Journal of International Human Rights Law // May 2019
5
"Discriminatory gender stereotypes, which construe women as natural caregivers, also pose a problem to redress inequalities and discrimination within education and women’s participation in the public sphere".
6
Jus Humanis Journal of International Human Rights Law // May 2019
Miriam Bak McKenna is a Postdoctoral Fellow in International Law at the Faculty of Law, Lund University. Her research interests encompass the history and theory of international law, with a particular focus on the history of self-determination and decolonisation, law and aesthetics, critical legal studies, and materialist and feminist approaches to international law. Miriam received her doctorate from the University of Copenhagen (2015), she also has degrees in law from the University of Western Australia (LLB, 2009) and the University of Copenhagen (LLM, Distinction, 2011), and a degree in art history and English literature from the University of Western Australia (BA, 2009). She has worked as a researcher for a number of organisations, including the UNODC and the Law Reform Commission of Western Australia.
7
Jus Humanis Journal of International Human Rights Law // May 2019
INTERVIEW WITH MARTHA LYIMO, COORDINATOR FOR ARUSHA WOMEN LEGAL AID AND HUMAN RIGHTS ORGANIZATION IN TANZANIA Interview by Luíza Fernandes Martha Lyimo is the coordinator for AWLAHURIO and a member of the Tanzania Women Lawyers Association and Tanganyika Law Society. Arusha Women Legal Aid and Human Rights Organization (AWLAHURIO) is a non-profit NGO formed by Women’s Legal Aid Centre of Dar es Salaam in 1992 as a paralegal unit. All members and advisors are volunteers. The vision of the organization is a just society that respects women and children’s rights. and their mission is to promote access to justice, good governance and lobbying, and to advocate gender responsive policies for women and children. You can find out more about the work of AWLAHURIO via facebook page: https://www.facebook.com/awlahurio/
8
Jus Humanis Journal of International Human Rights Law // May 2019
9
Jus Humanis Journal of International Human Rights Law // May 2019
10
Jus Humanis Journal of International Human Rights Law // May 2019
11
Jus Humanis Journal of International Human Rights Law // May 2019
12
Jus Humanis Journal of International Human Rights Law // May 2019
LuĂza Fernandes is a brazilian lawyer that is currently finishing her masters degree on International Human Rights Law at Lund University. Her main academic interests involve the impact of different human rights protection systems in domestic policies and cultural diversity.
13
Jus Humanis Journal of International Human Rights Law // May 2019
UNWANTED ANYWHERE: LGBT REFUGEES IN EUROPE Article by Anastasia Khioni Instead of being a role model in dealing with cases of LGBT+ asylum seekers and refugees, the EU experiences hard times following the existing guidelines. The results are truly tragic: once abandoned by their own states, persons in trouble face injustice and discrimination in the countries they used to regard as safe havens.
1
2
14
Jus Humanis Journal of International Human Rights Law // May 2019
6
3
7 4
8
9
5
My name is Anastasia, and my scientific interests are far from the agenda of the magazine: I'm fond of intellectual property, personal data protection, and I'm writing my master thesis in Belarus on the latter topic. However, I do believe one should not stay indifferent to questions which are inevitably changing our society. This article is an opportunity for me to learn about one more, not that widely discussed, sensitive issue and share what I have learnt with everyone interested.
15
Jus Humanis Journal of International Human Rights Law // May 2019
SECOND-CLASS CITIZENS? THE RIGHT TO EDUCATION DID NOT REACH THE BRAZILIAN TRAVESTIS Article by Ivan Esteves
School is not a very inviting place for travestis in Brazil. They go through all sorts of violence in educational institutions in the country, being that the reason why many members of this group do not even complete their studies. Regardless this unfortunate situation, Brazil does have obligations to provide education to all under International Law. In this sense, we will explore here if Article 13 of the International Covenant on Economic, Social and Cultural Rights (“ICESCR”) is being applied to the Brazilian travestis and, if not, what could be proposed to make it effective.
16
The term "travesti" will not be translated to transvestite here. As clarified by the transfeminist activist Maria Clara Araújo, the word "travesti" represents a Brazilian identity that carries particular specificities. In this sense, if we translate the term, we will lose all the historicity that is intrinsically linked to it.
Jus Humanis Journal of International Human Rights Law // May 2019
17
Jus Humanis Journal of International Human Rights Law // May 2019
"Educational institutions and programs need to be accessible to everyone, without any discrimination".
18
Jus Humanis Journal of International Human Rights Law // May 2019
19
Jus Humanis Journal of International Human Rights Law // May 2019
Ivan Esteves is a Brazilian lawyer and LGBTQI activist currently attending the International Human Rights Law Master’s program at Lund University, Sweden. His main interests include the development of research related to social and legal studies, sexual minorities, Latin America, decolonial theories and philosophy.
20
Jus Humanis Journal of International Human Rights Law // May 2019
THE #BLACKPROTEST MOVEMENT OR POLISH CASE OF ABORTION LAW Article by Tatsiana Rahozina In this article I am going to narrate the story of Polish abortion law and civic movement of people who disagree with the actions of Polish government backed by Polish Catholic church. Hope you will draw valuable insights from this read.
1
21
Jus Humanis Journal of International Human Rights Law // May 2019
2
3
4
22
Jus Humanis Journal of International Human Rights Law // May 2019
5
23
Jus Humanis Journal of International Human Rights Law // May 2019
6
Hey! My name is Tanya. I come from the field of International Relations, I am a genuinely curious person, but if I have to name three biggest passions of mine I would definitely mention equality, UN and Instagram (just kidding, or am I?).
24
Jus Humanis Journal of International Human Rights Law // May 2019
UNIVERSALITY OF LGBT+ HUMAN RIGHTS WITH FOCUS ON RUSSIA: CHALLENGE FOR UNIVERSAL AND REGIONAL HUMAN RIGHTS SYSTEMS Article by Iryna Sharypina Over the past three decades, universal human rights related to sexual orientation and gender identity emerged, they are in the process of development so far. Though on 1 universal and regional levels it has been stated that LGBT+ human rights are universal, actions, legislation by some states undermine universality of LGBT+ human rights. In this article I will discuss challenge for universal and European regional human rights systems in maintenance of universality of LGBT+ human rights with focus on Russia and the case Bayev and Others v. Russia in European Court of Human Rights (ECtHR). 1
25
Jus Humanis Journal of International Human Rights Law // May 2019
1
26
Jus Humanis Journal of International Human Rights Law // May 2019
1
27
Jus Humanis Journal of International Human Rights Law // May 2019
1
Iryna Sharypina is a Belarusian lawyer and human rights activist currently attending the International Human Rights Law Master’s program at Lund University, Sweden. Her main interests include international public law, state responsibility for human rights violations, women's rights, discrimination and cultural diversity. She is interested in intersectional feminist and postcolonial approaches to international law.
28
Jus Humanis Journal of International Human Rights Law // May 2019
INTERVIEW WITH MAJOR SAMANTHA LAPLANTE FROM THE CANADIAN ARMED FORCES Interview by Luíza Fernandes Major Samantha Laplante is a member of 5 Combat Engineer Regiment from Canadian Forces Base Valcartier. A military professional experienced in operating with and leading soldiers in dynamic conflict and non-conflict environments. She has served in the Canadian Armed Forces more than 14 years.
29
Jus Humanis Journal of International Human Rights Law // May 2019
30
Jus Humanis Journal of International Human Rights Law // May 2019
31
Jus Humanis Journal of International Human Rights Law // May 2019
32
Jus Humanis Journal of International Human Rights Law // May 2019
33
Jus Humanis Journal of International Human Rights Law // May 2019
34
Jus Humanis Journal of International Human Rights Law // May 2019
LuĂza Fernandes is a brazilian lawyer that is currently finishing her masters degree on International Human Rights Law at Lund University. Her main academic interests involve the impact of different human rights protection systems in domestic policies and cultural diversity.
35
JUS HUMANIS JOURNAL OF INTERNATIONAL HUMAN RIGHTS LAW 1 ISSUE // MAY 2019