SLP 14 (2020)

SUMMARY

Protection of women and children in international law

This book is dedicated to discussing various aspects of protection of women and children in international law. This topic has always been of a particular interest for ass. prof. Stanislava Hýbnerová and the publication is a culmination of a symposium held in 2019 in honour of prof. Hýbnerová within the premises of the Faculty of Law of the Charles University, Prague. The book is divided into two sections, first dealing with participation rights and the prohibition of discrimination. It begins with professor Dalibor Jílek ’s chapter called The vanished court of peers. The author scrutinizes activities of two bodies of childhood’s self-government that were set up as an educational experiment over a hundred years ago, the Court of Peers and the Court Council. Prof. Jan Ondřej continues with his chapter called Some considerations on the topic of elimination of discrimination of women at work (in employment) and in remuneration (particularly in view of The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)). The author’s analysis is based on the Convention on the Elimination of all Forms of Discrimination against Women of 1979 and highlights its importance from the perspective of diverting from the concept of non-discrimination based on the neutrality of sexes and requiring equal treatment of men and women, generally measured by the treatment of men to stress different character of women (biological, psychological, health and social etc.). The chapter also deals with the jurisprudence of the CEDAW Committee. The section is finished with chapter written by Kristina Chocholáčková : Vulnerable groups and the application of non-discrimination. The author discusses the negative and positive obligations in regards to the vulnerable. The ECtHR has named the vulnerable in cases concerning children, women, Roma, unaccompanied children, asylum-seekers, people with disabilities, LGBT, and people living with HIV. She also analyses possibility of narrowed margin of appreciation or of exceptions in procedural rules. The second section is called the Human rights and international criminal law. It begins with prof. Pavel Šturma ’s notes on the so-called Istanbul convention which is unfortunately related to many ideologically influenced debates. He calls on rational debate about the convention and analyses it. Ass. prof. Harald Ch. Scheu deals with the topic of women and culture-based violence in his chapter called Some considerations on the protection of women and culture-based violence. The author deals with the protection of women’s rights to approach the problem in the context of culture-based violence, particular focus is dedicated to the Istanbul Convention and current German discussions.

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