Stereotypes and human rights law

목차 (Table of Contents)

• CONTENTS
• Introduction / Eva BREMS ; Alexandra TIMMER = 1
• 1. Stereotyping as a Human Rights Issue : Crosscutting Themes = 2
• 2. Overview of the Volume = 5
• Building Momentum Towards Change. How the UN's Response to Stereotyping is Evolving / Simone CUSACK = 11
• 1. Introduction = 11
• 2. Key Developments in UN Responses to Stereotyping = 13
• 2.1. There is Greater Visibility of Stereotyping within the UN = 14
• 2.2. Analysis of Gender Stereotyping is More Sophisticated = 26
• 2.3. The OHCHR is Playing a Leadership Role on Stereotyping = 30
• 3. Strategies for Strengthening UN Responses to Stereotyping = 31
• 3.1. Build Capacity to Understand and Identify Stereotypes Accurately = 32
• 3.2. Elaborate State Obligations Related to Stereotyping = 34
• 3.3. Highlight Good Practice Examples of Challenging Stereotyping = 36
• 4. Conclusion = 37
• Gender Stereotyping in Domestic Violence Cases. An Analysis of the European Court of Human Rights' Jurisprudence / Lourdes PERONI ; Alexandra TIMMER = 39
• 1. The Conceptual and Legal Framework = 40
• 1.1. On Stereotypes = 40
• 1.2. Gender Stereotypes as a Root Cause of Violence Against Women in International Human Rights Law = 42
• 2. Naming and Contesting Gender Stereotypes in Domestic Violence Case Law = 48
• 2.1. Naming Gender Stereotypes and Exposing their Harms = 48
• 2.2. Contesting Gender Stereotypes = 61
• 3. Conclusion = 65
• Gender Stereotyping in the Case Law of the Inter-American Court of Human Rights / Veronica UNDURRAGA = 67
• 1. The Inter-American Human Rights System = 68
• 2. Gender and Gender Stereotyping in the Inter-American Human Rights System = 69
• 2.1. The Cotton Field Case = 70
• 2.2. The Atala Case = 74
• 3. Some Common Approaches to Both Cases = 77
• 4. Debunking Gender Stereotypes through Adjudication = 81
• 5. Separating the Wheat from the Chaff = 83
• 6. Preparing for Backlash = 89
• 'My Sense of Humanity Has Gone Down the Drain'. Stereotypes, Stigma and Sanism / Michael PERLIN = 95
• 1. How Stereotypes Limit Human Rights = 97
• 1.1. Lack of Dignity = 100
• 1.2. Stereotypes Contaminate Legislative Debate = 102
• 1.3. 'Hearts and Minds' = 104
• 1.4. Value of Test Cases = 106
• 1.5. Relationship to Other Sorts of Stigma and Stereotypes = 110
• 1.6. Impact of the CRPD = 112
• 2. Therapeutic Jurisprudence = 114
• 3. Conclusion = 117
• Racial Stereotypes and Human Rights / Mathias MOSCHEL = 119
• 1. Racial Stereotypes and Violence = 121
• 1.1. In Relation to State-Organised Violence／Genocide = 121
• 1.2. Racially Motivated／Biased Violence by State or Public Actors = 123
• 1.3. Racially Motivated／Biased Violence by Private Actors = 126
• 2. Racial Stereotypes in the Absence of Violence = 127
• 2.1. Racial Bias in Court Decisions = 127
• 2.2. Racial Profiling = 128
• 2.3. Racial Imagery or Depictions not Leading to Violence = 129
• 3. Specialised Human Rights Bodies Against Racism = 131
• 3.1. International Convention on the Elimination of All Forms of Racial Discrimination(ICERD) = 131
• 3.2. European Commission against Racism and Intolerance(ECRI) = 136
• 4. Fighting Racial Stereotypes through Human Rights in the Future? = 137
• The Head of the Woman is the Man. The Failure to Address Gender Stereotypes in the Legal Procedures around the Dutch SGP / Rikki HOLTMAAT = 143
• 1. The SGP : its Origins and Principles, and the Political and Legal Responses to its Discriminatory Policy = 146
• 1.1. The SGP : its Origins and Principles = 146
• 1.2. The Position of the Dutch Government as Regards the SGP = 149
• 1.3. Legal Procedures Against the SGP and Against the Dutch State Supporting the SGP = 151
• 2. The Construction of the Legal Problem as an Issue of Unequal Treatment of Women = 154
• 2.1. Four Different Possibilities to Legally Address the SGP's Policy to Exclude Women from Political Participation = 155
• 2.2. The Construction of the SGP's Policy as a Case of Unequal Treatment of Women = 159
• 2.3. The Impossibility of Justifying Discrimination Against Women with an Appeal to Traditional Gender Roles = 165
• 3. The Metaphors Used in the Justification Test in Sex-Equality Cases = 167
• 3.1. The Disastrous Language of Conflicting Rights = 167
• 3.2. Towards Using a Different Metaphor = 170
• 4. Conclusion = 171
• Gender Stereotyping in the Military. Insights From Court Cases / Rebecca COOK ; Cornelia WEISS = 175
• 1. Introduction = 175
• 2. Analysis of Cases = 178
• 2.1. Exclusion Cases = 178
• 2.2. Unequal Treatment Cases = 188
• 2.3. Sexual Assault Cases = 192
• 3. Conclusion = 197