- Page 1 of 1
November 16, 2020
Posted by Dana Walters
Since joining Harvard Law School, Salma Waheedi, a clinical instructor and lecturer on law in the International Human Rights Clinic, has devoted a major part of her teaching and clinical legal practice to training students to become effective international women’s rights advocates. A native of Bahrain and a U.S.-trained attorney with a background in constitutional and Islamic Law, Waheedi has led advocacy and social justice-oriented legal projects in partnership with women’s rights activists in Muslim communities. To change the lived experiences of women most acutely, Waheedi and her partners have focused on family law reform.
“Despite its huge impact on women’s lives, it’s an area that receives relatively little attention in human rights circles,” Waheedi said. “We are talking about a system of laws that govern all aspects of women’s private lives, including marriage, divorce, child custody, matrimonial property, inheritance, as well as freedom of movement and work and protection from violence.”
Advocating for family law reform in Muslim legal contexts presents a unique set of challenges and sensitivities. In the majority of Muslim legal systems, Shari’a—Islamic Law—is a part of the constitutional order and often forms the foundation of Muslim family laws. Many of these laws are based on interpretations that entrench gender-based discrimination and fail to protect women’s rights in the family sphere.
Waheedi’s practice focuses on lending legal support to women’s rights advocates working with their local communities, as well as international coalitions working to foster cross-regional collaborations. One key example is Musawah, a global movement advocating for justice and equality in the Muslim family. Musawah takes strong positions against child marriage, forced marriage, and polygamy and calls for equality in spousal rights, custody rights, access to divorce, and inheritance rights. It advocates for these changes through a holistic framework that integrates progressive Islamic legal interpretations, human rights principles, local constitutional guarantees of equality and non-discrimination, and the lived experiences of Muslim women.
“Many current legal provisions are no longer tenable given the lived realities of Muslim women today,” Waheedi said. “Muslim feminist scholarship aims to create a paradigm shift by emphasizing the need to return to the core principles of the Quran, such as justice, equality, and dignity for all, as a basis for an alternative rights-based reading of Islamic legal sources that responds to the contemporary needs of the Muslim family.”
To help conceptualize current reforms and outdated laws, Musawah and Waheedi’s student teams have put together a comprehensive Muslim family law mapping project. The project is a resource for researchers and academics to look comparatively across 31 countries with Muslim majorities or minorities. Importantly, the initiative also outlines positive developments for women’s rights in the Muslim world, celebrating successes, as well as marking lessons for how to continue to advocate for change.Continue Reading…
November 9, 2020
Clinic, HRW Argue Legal Loopholes Must Close to Prevent Further Civilian Suffering
(Geneva) – The horrific burns and life-long suffering caused by incendiary weapons demand that governments urgently revise existing treaty standards, Human Rights Watch and Harvard Law School’s International Human Rights Clinic said in a report jointly published today.
The 45-page report, “‘They Burn Through Everything’: The Human Cost of Incendiary Weapons and the Limits of International Law,” details the immediate injuries and lasting physical, psychological, and socioeconomic harm of incendiary weapons, including white phosphorus, used by parties to recent conflicts. Countries should revisit and strengthen the international treaty governing these weapons, which burn people and set civilian structures and property on fire, Human Rights Watch concluded.
“While victims endure the cruel effects of incendiary weapons, countries endlessly debate whether even to hold formal discussions on the weapons,” said Bonnie Docherty, senior arms researcher at Human Rights Watch and associate director of armed conflict and civilian protection at the International Human Rights Clinic. “Countries should recognize the long-term suffering of survivors by addressing the shortcomings of existing international law.”Continue Reading…
November 4, 2020
The UN Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity (IE SOGI) will convene an open consultation with State and non-State stakeholders to consolidate the mandate’s approaches and priorities for the remainder of the IE SOGI’s tenure. This consultation will serve as the main channel through which the IE SOGI will collect views and inputs to inform the preparation of his work plan for 2021-2023.
The consultation will start with a general segment during which the IE SOGI will introduce his draft work plan. Thereafter, participants will be invited to present their views and provide inputs to the discussion.
The online consultation will take place through the Zoom platform, on Friday, November 20 at 15:00 – 18:00 (CET) / 09:00 – 12:00 (EST). Registration is required to attend the meeting.
Guiding Questions for the Consultation:
The following questions may guide contributions from participants at the consultation:
Are the narratives of impact depicted in the document an adequate portrayal of the mandate’s added value?
Does the document include all necessary dimensions, principles and approaches necessary to ensure an intersectional, balanced and inclusive programme for the mandate?
Are the thematic priorities identified in the document duly reflective of the best added value by the mandate to all stakeholders in their work of addressing violence and discrimination based on SOGI?
As currently planned, are the activities and products an adequate response to the needs of stakeholders? Should different activities and products be considered?
The document includes certain commitments of interacting with global processes (v.g., Beijing + 20). Are there any other global, regional, or local processes the interaction with which should be included in the document as well?
The consultation will be open to States, UN agencies, programmes and funds, regional human rights mechanisms, National Human Rights Institutions, members of civil society organizations, academic institutions, corporate entities, and all other interested stakeholders. The consultation will be held in English.
- Page 1 of 1