WHY SOME OF THE MOST EXCITING HUMAN RIGHTS ADVANCES FOR WOMEN ARE COMING OUT OF AFRICA 46 FALL/WINTER 2007 GEORGETOWN LAW
|
|
- Alban Henry
- 2 years ago
- Views:
Transcription
1 WHY SOME OF THE MOST EXCITING HUMAN RIGHTS ADVANCES FOR WOMEN ARE COMING OUT OF AFRICA 46 FALL/WINTER 2007 GEORGETOWN LAW
2 BY DAVID MCKAY WILSON Nancy Cantalupo (F 95, L 03), assistant dean for clinical programs, was the first person at Georgetown Law to hear the news. At long last our efforts have been rewarded, said the message Cantalupo received from her former associates in the African nation of Ghana last February. The bill is now the Domestic Violence Act. Cantalupo, once a Georgetown Law student working on Ghana s domestic violence issues, quickly forwarded the news to Professor Susan Deller Ross, the founder and director of the Law Center s International Women s Human Rights Clinic. Yay, Cantalupo wrote Ross, or, as all of the Ghana folks are saying, Ayeeko! Ross was excited, too, because she and her students had been working for years to win more rights for women in Ghana and elsewhere in Africa. The jubilation over the Domestic Violence Act had barely subsided when Ross heard more good news: Last April, Uganda s Constitutional Court overturned key provisions of the criminal adultery law, which had allowed prosecutions of married women but not married men for having affairs with unmarried partners, and also ended parts of the Succession Act, which had given greater shares of inheritance to men than women when a spouse died. It was a double victory for African women and for Georgetown Law. FALL/WINTER 2007 GEORGETOWN LAW 47
3 This has been a breakthrough year for the International Women s Human Rights Clinic, Ross says. There s no other law clinic in the nation doing what we re doing. The Law Center s involvement in Africa has grown significantly over the past nine years, with the establishment of the IWHRC in Students spend a semester as part of a team on an international women s human rights project with a nongovernmental organization partner in Ghana, Nigeria, Tanzania, Uganda or other African country. The students work closely with local lawyers to develop policy, strategy and court papers or proposed legislation and human rights reports on such topics as domestic violence, marital rape or guardianship laws that subject wives to the authority of their husbands. Students in the clinic have helped draw up litigation for test cases that are argued by Georgetown s legal partners in Africa on such issues as a criminal sentence to death by stoning for having a baby out of wedlock, unequal divorce rights, polygamous marriage, female genital mutilation and the recently won cases on criminal adultery laws and inheritance rights. (See the Fall 06 issue of Georgetown Law magazine for work conducted on polygamy in Swaziland.) In many cases the clinic and its partners are putting teeth into new constitutions and international human rights conventions recently signed into law. Students in the spring clinic travel to Africa to conduct fact-finding missions there. We work with our partners on topics they want to change, either through litigation to invalidate a law or through legislation to reform what s wrong, says Ross. Our students learn that they really can make a difference. THE LAWA DIFFERENCE Georgetown Law is also making a difference for African women through the Leadership and Advocacy for Women in Africa fellowship, a 14-month program at the Law Center in which female African fellows earn an LL.M. degree, serve in a summer internship and develop a host of strategies to combat inequitable practices back home through education, international pressure and legal reform. Forty-nine women lawyers from nine African nations have come to the Law Center through the LAWA program since it started in These fellows usually return to their home countries, where they provide valuable leads and contacts and a network of support that stretches from D.C. to Tanzania and beyond. LAWA has been housed in the Law Center since its inception but was only recently fully absorbed by it. This fall the LAWA program is expanding from two to six African lawyers three from Kenya and one each from Cameroon, Malawi and Nigeria. It s the first time lawyers from these countries have participated in the program, which sponsored Namibian Linda Dumba and South African Amelia Vukeya last year. (See pages 50 and 51 for their stories.) Georgetown s amazing dedication to advancing women s human rights in Africa has tremendously enhanced the lives of women, as well as their families and communities, across the continent, says LAWA s director, Julia Ernst. As increasing numbers continue to return home as alumnae of Georgetown s LAWA program, the influence of the Law Center will expand exponentially. Take Esther Kisaakye (LL.M. 94), for example, a former LAWA fellow now a member of Law and Advocacy for Women in Uganda, LAW-U, an association of Ugandan lawyers established by LAWA alumnae. In 2001, Kisaakye worked with another Ugandan lawyer, Irene Mulyagonja, on cases involving a woman whose abusive and adulterous husband had obtained a criminal conviction of adultery against her on trumped-up charges and then sought a divorce based on that conviction. Since his actions were not criminal, and she could not obtain a divorce against him for his adultery, she was the victim of discrimination in both criminal and divorce laws. In essence, a wife had no right to her husband s fidelity, but a husband s right to his wife s fidelity was criminally enforceable and guaranteed him a divorce as well. IN UGANDA: FILING SUITS AND DRAFTING LEGISLATION In August 2001, Ross contacted Kisaakye to see if she had any issues that could become the focus of that semester s IWHRC. Kisaakye mentioned the divorce and criminal adultery cases. That fall, Ross s students, along with Mulyagonja and Kisaakye (by now a visiting scholar at the clinic), looked at how the two statutes stood up both to the Ugandan 48 FALL/WINTER 2007 GEORGETOWN LAW
4 Constitution and to the international human rights treaties and protocols that Uganda had ratified. They prepared a lawsuit that produced a 2004 Constitutional Court victory giving wives the same right to divorce that husbands already had, leaving the criminal adultery law for another day and another challenge. It was the first Constitutional Court decision on equality rights for women in Uganda. What the student interviewers provide local attorneys, Kisaakye wrote in an article for a special 2006 issue of the Georgetown Journal of Gender and the Law, are resources and time. Women s rights activists in Uganda and elsewhere often find themselves on the front lines, she wrote, either representing a widow and her infant children who have been evicted at the hands of her in-laws or securing custody and maintenance for a mother whose breastfeeding infant has been grabbed and taken away by her father without her consent, following a marital disagreement. The interviews conducted by clinic students help put a face to the victims of discrimination by ensuring that we hear it from the horses mouths, Kisaakye wrote. In the case of the criminal adultery law in Uganda, the IWHRC students worked on a new challenge in the 2004 fall semester, following the March 2004 victory in the divorce lawsuit. Once again, they found that the 1995 Constitution and Uganda s international human rights obligations upheld equality between the sexes, which conflicted with the disparate treatment of men and women under the criminal adultery statute. They drafted litigation detailing how the law discriminated against women, which LAW-U attorneys then filed in that country s Constitutional Court. The group also filed a lawsuit challenging the Ugandan inheritance laws, which gave preference to male heirs when courts settled cases in which a will had not been filed. If there s no will, inheritance law in Uganda is systematically discriminatory towards women, Ross says. The surviving husband is assumed to own everything; the widow gets little or nothing. It s a tremendous human rights violation. The fall 2004 lawsuit followed the human rights investigation of discriminatory inheritance law conducted the previous spring. Ginger Faulk (L 04), a student in Ross s class who went on that fact-finding mission to Uganda in March 2004, discovered this first hand. We met several women who were the first wives of their deceased husbands and they and their children had been left destitute at the death of This has been a breakthrough year for the International Women s Human Rights Clinic, Ross says. There s no other law clinic in the nation doing what we re doing. FALL/WINTER 2007 GEORGETOWN LAW 49
5 From D.C. to AFRICA South African attorney Amelia Vukeya (LL.M. 07) came of age in the 1990s, during her nation s wrenching emergence from decades of rule under rigid apartheid laws. Vukeya, 26, returned home this fall with a renewed commitment to work on social justice issues after spending a year at Georgetown Law as a fellow in the Leadership and Advocacy for Women in Africa program. Linda Dumba, above left, and Amelia Vukeya, above right, at graduation. Vukeya and Dumba pose with members of Georgetown Law s Just Praise Gospel Choir and in front of the Capitol. I m going back to contribute to our democracy, says Vukeya, a legal researcher at the AIDS Law Project in Johannesburg. I realize that in postapartheid South Africa, young South Africans have to step up and bridge the gap between generations. Her work with the AIDS Law Project has personal meaning as well. Vukeya is among the 5.5 million South Africans who are HIV-positive, including 13 percent of the nation s women and 10 percent of its men. Vukeya came to Georgetown after clerking for a year at the Constitutional Court of South Africa and then working for two years in private practice. Upon her arrival at Georgetown in 2006, Vukeya says she thought of herself as a general human-rights lawyer but hadn t planned on working on the HIV/AIDS issue. It had been her personal concern but not the focus of her professional life. But in the fall of 2006, she took a class on the legal issues involved in the HIV/AIDS pandemic in Africa, taught by Visiting Professor Noah Novogrodsky in collaboration with Stephen Lewis, the former UN special envoy on HIV/AIDS in Africa. After her graduation in May, Vukeya worked over the summer on the AIDS Coordinating Committee at the American Bar Association. That class made me think that I could help people with HIV, says Vukeya. It helped me understand that it was OK for me to share. I m living it. The class helped me make a personal and professional breakthrough, and I m making new breakthroughs every day. The Law Center s course and its seminar on international women s human rights law also brought Vukeya a better understanding of the damage done to women and children by polygamous marriages. While the South African Constitution is viewed as one of the continent s most progressive on gender equality, it permits men to have multiple wives under the Customary Marriages Act of One study found that 13 percent of South African women between ages 20 and 49 were married to men with more than one wife. Such arrangements hurt both women and children who have to compete for resources from the family head and it can also exacerbate the spread of HIV/AIDS because the law sanctions multiple female partners for men. At Georgetown Law, Vukeya took courses in intellectual property and antitrust issues, which she says helped her better understand the pharmaceutical industry, which controls the drugs that keep people like her alive. 50 FALL/WINTER 2007 GEORGETOWN LAW
6 At the AIDS Law Project, I m going to be looking at the companies that are dominating the market, she says. We re also going to make sure that the government is doing all it can to be sure people get the medications they need. Vukeya will continue to work with the LAWA clinic on the polygamy issue. When she was 16, Linda Dumba (LL.M. 07) came face-to-face with injustice in the African nation of Namibia. Her father had taken out life insurance on Dumba s chronically ill sister, but when the girl died, the company refused to pay the death benefit, citing a clause in the policy s contract. Her father, a uranium miner, lacked the money to hire an attorney, so the Dumba family had no way to bring a challenge. That incident convinced Dumba to become a public interest lawyer and help defend those who cannot defend themselves. Now she uses her legal skills to fight for the rights of women in a country which, despite a constitution that grants equal rights to both sexes, has customary marriage laws that do just the opposite. Dumba knows widows who have lost everything after their deceased husbands families grabbed the property and evicted them from the family home after the burial. Women in Namibia are getting chased off their land, Dumba says. It s just not right. Men and women are equal under our constitution, so we need to be able to make this law apply to everyone. Dumba did more than get angry about the dual legal system in her country; she became a LAWA fellow, earned an LL.M. from Georgetown Law and returned home to Namibia this fall charged to improve the lot of women in her country. She too has decided to continue working with the LAWA clinic. their husbands, Faulk says. One woman said her husband s family took everything, even the bed sheets. Tatjana Eres (G 04, L 04) is another student who went on IWHRC s 2004 fact-finding mission. The next fall, the new class of clinic students worked with Ugandan attorneys and Ross to help draft the pleadings that would eventually overturn the succession law. Eres, by then a clinic intern who had returned to Kampala, Uganda, a few months later to work with LAW-U, also helped on the case. She says she was inspired by the dedication, intelligence and creativity of the Ugandan attorneys, who devoted hours to the clinic despite demanding careers in government service and private practice. After years of hard work, including a year of weekly meetings between lawyers from LAW-U and other nongovernmental organizations to perfect their pleadings, the Ugandan Constitutional Court struck down both the criminal adultery and inheritance laws last April. Ugandan lawmakers are now working on a new inheritance statute that will meet the constitutional test. Once again, they ll have help from Georgetown Law, whose proposed legislation is included in a human rights report published in the special 2006 issue of the Georgetown Journal of Gender and the Law. That proposed bill could be the starting point for Ugandan lawmakers as they discuss what must be done, Ross says. IN GHANA: CREATING NEW GUIDELINES FOR MEDIATION In 1999, IWHRC students, in collaboration with LAWA-Ghana attorneys Fitnat Adjetey (LL.M. 94) and Sheila Minkah-Premo (LL.M. 95), developed a domestic violence law for Ghana that codified spousal attacks as crimes. The law, which had the support of a coalition of nongovernmental organizations, made its way to the Ghanaian Parliament. But once there, it languished. Winning support for a law that criminalizes domestic violence in Ghana was not easy in a nation where one in three women suffer physical violence at the hands of their past or current partner, three in 10 women FALL/WINTER 2007 GEORGETOWN LAW 51
7 admit to having been forced to have sex by their partner, and almost as many have experienced psychological abuse and destruction of property, according to a recent study. Cultural beliefs make it more difficult for women to bring their attackers to justice because there s a tendency to treat violence at home as a private issue, resolved outside the criminal justice system. By 2003, when there d still been no action on the bill, IWHRC students joined Georgetown alumnae from LAWA-Ghana on a fact-finding mission to interview police officers, medical professionals, prosecutors and religious and community leaders. By the time we got there, the domestic violence bill that was still awaiting passage by Parliament had been proposed enough times that advocates were getting frustrated, so they decided to organize themselves into a coalition to seek passage of the bill, Cantalupo says. Our fact-finding mission was to give the coalition a lobbying tool for pushing passage of the bill. It took several more years, but all the hard work eventually paid off and the Domestic Violence Act became law. But that s only part of the story. Before they went to Ghana, the students, under the supervision of their clinic professor, Johanna Bond (LL.M. 01), had spent months researching and analyzing Ghana s laws, domestic violence legislation throughout the world and international legal requirements related to domestic violence, Cantalupo says. They had also met and consulted repeatedly with their LAWA partner via teleconference. Despite these efforts, 24 hours after arriving in Ghana the domestic violence team discovered that it had been missing a critical piece of the puzzle. We found that even when women wanted to bring charges, the police, courts and other government officials were either allowing third parties to withdraw the case from the police or courts or proactively mediating the cases themselves so that cases were outside the criminal process, Cantalupo says. There was an overall sense that domestic violence wasn t a crime. It was just a dispute between spouses. Moreover, responses to domestic violence, both in and out of the legal system, reflected the pervasiveness of mediation in the country s culture. Ghanaians saw mediation as a positive cultural practice for handling all disputes. As a result, the students had hard decisions to make about how to cover the mediation of domestic violence cases in their report. The discoveries made during their time on the ground in Ghana taught the students vital lessons about international legal work and the challenges of working across geographical, cultural and other differences. Without the trip to Ghana, Cantalupo says, I m not sure we would have gotten this crucial education. The students produced a report proposing mediation screening rules to prevent the use of mediation as a ruse to deny women protection. They also wrote new police regulations that Ghanaian police and other officials can use. Both are cited in the special 2006 issue of the Georgetown Journal of Gender and the Law. COURTING CHANGE THROUGHOUT THE CONTINENT Law students also learn about issues in Africa through initiatives offered by Georgetown Law s Human Rights Institute as well as such courses as the HIV/AIDS in Africa practicum, in which students worked on research questions posed by UN Special Envoy on HIV/AIDS Stephen Lewis, who came to Georgetown Law to review their findings. On May 16, the promise and challenge of promoting human rights in Africa came under discussion at the Law Center s Hotung faculty dining room as four judges from the fledgling African Court on Human and Peoples Rights spoke about the world s youngest regional tribunal. Established in 2004, and still in its formative stages, the court has jurisdiction to hear cases involving the interpretation and application of any relevant human rights instrument that an African nation has ratified. It s a more far-reaching mandate than regional human rights courts in the Americas or Europe, which only hear cases that involve alleged violations of those courts governing conventions and protocols. However, speakers at the morning event, attended by about 60 students, scholars and legal professionals, discussed how the new court s reach was limited by the reluctance of almost all African nations to allow individuals or nongovernmental organizations to bring cases before it. 52 FALL/WINTER 2007 GEORGETOWN LAW
8 So far, only the African nation of Burkina Faso has given such permission, which means cases seeking rulings on alleged human rights abuses could only go to the African Commission on Human Rights without further recourse to the Court. We hope that activists and NGOs lobby their nations to join in, said Modibo Tounty Guindo of Mali, the court s vice president. Mali has begun the process, and it is our greatest challenge. If more nations accept the court s jurisdiction, it seems clear that African public interest lawyers could bring cases before it. The appearance of the African judges underlines the Law Center s international focus and its role in creating change in Africa. LAWA alumnae have also created formal networks in Tanzania, Ghana and Uganda as well as informal networks within countries and across borders. In Tanzania, the Women s Legal Aid Center, whose members include Monica Magoke-Mhoja (LL.M. 97), Jane Magigita (LL.M. 01) and Scholastica Jullu Henry (LL.M. 01), in 2005 filed a test case challenging discriminatory customary inheritance laws. The case, which was dismissed by a lower court, is now on appeal at the nation s highest court. LAWA s Ernst calls it a ripple effect. Once these women return home, they are building networks to spread the concept of women s human rights, she says. And the ripples flow in many directions. They ripple out from the women of Africa to their children, families and communities. They ripple out to the students, who are left with a powerful sense of purpose and accomplishment. I had no idea the case would win, Eres says of her work in Uganda. I thought women might come away from our interviews thinking that someone was considering their plight, or they would come away knowing a little bit more about their rights. But to think that there would actually be Constitutional Court rulings I don t think that occurred to anyone. Finally, the changes ripple out to the world at large. Greater rights for women produce more stable societies and more productive communities. For thousands of years, women have been either nonexistent, considered minors, or fully subordinated under the law, Cantalupo says. The global women s movement has done amazing things in such a short period of time. LAWA s Ernst calls it a ripple effect. Once these women return home, they are building networks to spread the concept of women s human rights, she says. FALL/WINTER 2007 GEORGETOWN LAW 53
Advocate for Women s Rights Using International Law
300 Appendix A Advocate for Women s Rights Using International Law The United Nations (UN) brings together almost every government in the world to discuss issues, resolve conflicts, and make treaties affecting
INTERNATIONAL WOMEN S HUMAN RIGHTS CLINIC
INTERNATIONAL WOMEN S HUMAN RIGHTS CLINIC Apply online at: www.law.georgetown.edu/go/clinic-registration Faculty Professor Susan Deller Ross & Supervising Attorney/Teaching Fellow Kristie Bluett What do
DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS. Legal Assistance Centre 2005
DIVORCE LAW REFORM A SUMMARY OF THE LAW REFORM AND DEVELOPMENT COMMISSION PROPOSALS Legal Assistance Centre 2005 This is a summary of a bill proposed by the Law Reform and Development Commission (LRDC).
Legal Information for Same Sex Couples
Community Legal Information Association of Prince Edward Island, Inc. Legal Information for Same Sex Couples People in same sex relationships often have questions about their rights and the rights of their
NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005
NEW LAW REFORM PROPOSALS ON DIVORCE Dianne Hubbard, Gender Research & Advocacy Project Legal Assistance Centre, 2005 The Law Reform and Development Commission (LRDC) recently released proposals for law
What You Need to Know About Divorce
What You Need to Know About Divorce There are four main steps in a divorce: 1. 2. 3. 4. Your lawyer writes the divorce papers and files them with the court. The sheriff s department gives (serves) your
Men in Charge? Gender Equality and Children s Rights in Contemporary Families
International Day of Families 2015 Observance Men in Charge? Gender Equality and Children s Rights in Contemporary Families Background Note Gender equality and children s rights in family laws Fair legal
DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422
DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 ECONOMIC ISSUES REGARDING MARRIAGE AND DISSOLUTION OF MARRIAGE ASSETS
All Women. One Family Law.
7 Family Law Arbitration ENG 007 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Family Law Arbitration This booklet is meant to give you a basic understanding of legal issues.
Family Law Client Information Package
Family Law Client Information Package The end of a relationship can be very difficult. In addition to the obvious emotional issues, couples are often faced with challenging financial and legal problems.
DO NOT COPY. United Nations 57 th Commission on the Status of Women Sessions Reflection Paper. April 4, 2012. Yolanda Fair WomenNC CSW 2013 Fellowship
United Nations 57 th Commission on the Status of Women Sessions Reflection Paper April 4, 2012 Yolanda Fair WomenNC CSW 2013 Fellowship Fair 1 Attending the 57 th United Nations Commission on the Status
Because Fear Makes No Class Distinctions Abuse Support Group Helps Affluent Women End Silent Suffering
11:42 PM CDT on Saturday, April 9, 2005 Because Fear Makes No Class Distinctions Abuse Support Group Helps Affluent Women End Silent Suffering By Kim Horner, The Dallas Morning News Dallas lawyer Julianne
APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK
APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK Public interest work is done in a wide variety of practice settings. Lawyers also use different advocacy approaches. Finally, different organizations focus on
Divorce Magazine Interviews Judith S. Charny
Divorce Magazine Interviews Judith S. Charny Judith Charny explains child custody laws in New Jersey including interstate relocation, college costs, post-divorce modifications and different approaches
A BRIEF INTRODUCTION INTO DIVORCE LAW: THE BASICS OF OHIO DIVORCE LAW By BETH SILVERMAN, J.D.
A BRIEF INTRODUCTION INTO DIVORCE LAW: THE BASICS OF OHIO DIVORCE LAW By BETH SILVERMAN, J.D. How can a marriage be terminated in Ohio? There are two primary ways to terminate a marriage: Dissolution or
Convention on the Elimination of All Forms of Discrimination against Women
United Nations CEDAW/C/ETH/Q/6-7 Convention on the Elimination of All Forms of Discrimination against Women Distr.: General 4 November 2010 Original: English Committee on the Elimination of Discrimination
Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
Mediation: The Big Lie Thursday, 29 January 2009 16:17 - Last Updated Thursday, 29 January 2009 17:03
By Catharine M. Venzon In a perfect world, parties would not need attorneys to settle their family disputes. In this world, both Mom and Dad would have time for a career and a family, with both parents
Ohio Judicial Conference Family Matters: The Legal System
Ohio Judicial Conference Family Matters: The Legal System People go to a divorce lawyer for many reasons. Some want to get their spouse's attention, change behavior or send a warning. Others, having given
What you don t know can hurt you.
What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a
DOMESTIC VIOLENCE IN FLORIDA
DOMESTIC VIOLENCE IN FLORIDA The Petitioner may go to court on his/her own (without an attorney) to petition for an injunction to protect him/her against domestic violence (assault or battery by your spouse
Texas Paternity Law: Frequently Asked Questions
Texas Paternity Law: Frequently Asked Questions This brochure answers basic questions about Texas paternity law. It is not a substitute for the help and advice of a lawyer. Talk to a lawyer if you have
DIVORCE AND SEPARATION
DIVORCE AND SEPARATION What are the reasons for a divorce? In Virginia, you can get a divorce for six reasons. Two reasons don't need a waiting period: Adultery, sodomy or buggery. These are very difficult
A PLACE TO LIVE WOMEN S INHERITANCE RIGHTS IN AFRICA CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE)
A PLACE TO LIVE WOMEN S INHERITANCE RIGHTS IN AFRICA CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE) Copyright 2005 Centre on Housing Rights and Evictions (COHRE) A Place to Live: Women s Inheritance Rights
CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION
CHAPTER 16: ADULTERY: THE BIBLICAL DEFINITION In presenting any subject for discussion, it is essential that pertinent words be accurately defined. It has been said that if one is allowed to define or
Courts & Our Legal System
Courts & Our Legal System 2012 (Version 1.0) This booklet has been prepared, published and distributed by the Public Legal Education Association of Saskatchewan (PLEA). The purpose of PLEA and this booklet
Non-Custodial Parent Rights in South Carolina July 2010
Non-Custodial Parent Rights in South Carolina July 2010 The legal information in this publication is designed to help you learn about the laws that apply when you have a child and you are not married to
By Winnie Lichuma KNCHR Presented at the 17 th Pre-Summit Consultative Meeting on Gender Mainstreaming in the AU
By Winnie Lichuma KNCHR Presented at the 17 th Pre-Summit Consultative Meeting on Gender Mainstreaming in the AU 1 To share the Kenyan s experience in legislating on Sexual and Gender Based Violence (SGBV).The
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
Akua Kuenyehia. Ghanaian. Ghana. List B
Akua Kuenyehia Ghanaian Ghana List B 1. (b) Before my election to the ICC in 2003, I was a Professor of law and taught Public International Law, International Human Rights Law, Criminal Law and Gender
Violence against women in Western Africa. Ashwini Selvakumaran
Violence against women in Western Africa Ashwini Selvakumaran Activity time! Write one word that you think is strongly affiliated or emphasized with Violence Against Women on your post-it note. Then, come
Orders of Protection
Orders of Protection Hotline: (212) 343-1122 www.liftonline.org This guide answers questions that you may have if an order of protection has been filed against you in Criminal Court or Family Court. The
WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW Sydney Lewis Hall Lexington, VA 24450
WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW Sydney Lewis Hall Lexington, VA 24450 POST-GRADUATE FELLOWSHIPS WITH WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW - TRANSNATIONAL LAW INSTITUTE The Washington
THE BASICS Getting Spousal Support in New York State
THE BASICS Getting Spousal Support in New York State In this booklet, we call the person who receives support the wife or ex-wife. And we call the person who pays support the husband or ex-husband. This
Divorce in Florida CAN YOUR MARRIAGE BE SAVED? Before you take any legal steps to end your marriage, you should make sure that you have tried all possible ways to save it. Do you want professional help
JEWISH DIVORCE? Why do I need a. Questions & Answers about Divorce for Jewish Women. www.acttoendvaw.org. 4 Color.
Why do I need a JEWISH DIVORCE? Questions & Answers about Divorce for Jewish Women The views expressed in these materials are the views of Act to End Violence Against Women and FLEW and do not necessarily
1900 Manitoba gives married women right to make legal agreements and buy property
1884 Ontario government gives married women in the province the same legal capacity as men. That means they can make legal agreements and buy property. 1897 In 1897, after a very long fight, Clara Brett
7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ
7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to
United Nations Study on Violence against Children. Response to the questionnaire received from the Government of the Republic of GUYANA
United Nations Study on Violence against Children Response to the questionnaire received from the Government of the Republic of GUYANA 1 MINISTRY OF LABOUR, HUMAN SERVICES & SOCIAL SECURITY RESPONSE TO
THE BASICS Adoption in New York State
THE BASICS Adoption in New York State This booklet has been put together to help you understand what adoption is. It will tell you who can be adopted. It will tell you who can adopt a child and how the
THE BASICS Custody and Visitation in New York State
THE BASICS Custody and Visitation in New York State This booklet answers common questions about custody and visitation when the parents cannot agree about who is responsible for taking care of the children.
Declaration on the Elimination of Violence against Women
The General Assembly, Distr. GENERAL A/RES/48/104 23 February 1994 Declaration on the Elimination of Violence against Women General Assembly resolution 48/104 of 20 December 1993 Recognizing the urgent
Issue Brief. Arizona State Senate LEGAL DECISION-MAKING AND PARENTING TIME INTRODUCTION DETERMINING LEGAL DECISION-MAKING AND PARENTING TIME
Arizona State Senate Issue Brief January 17, 2014 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of
The Nuts & Bolts of Orders of Protection and other relief for Victims of Domestic Violence
The Nuts & Bolts of Orders of Protection and other relief for Victims of Domestic Violence Training for Victim Advocates Sponsored by South Carolina Legal Services Orders of Protection: The Basics What?
Women's Rights to Land and Property
1. Introduction Commission on Sustainable Development - Thursday 22 April 2004 Women in Human Settlements Development - Challenges and Opportunities - Women's Rights to Land and Property By Marjolein Benschop
FAQ s for Defense Attorneys Community-Based Domestic Violence Advocates: A Resource for Battered Women Charged with Crimes
FAQ s for Defense Attorneys Community-Based Domestic Violence Advocates: A Resource for Battered Women Charged with Crimes The content for this article was developed by a group of attorneys and community-based
Divorce in Virginia. What are the Grounds for Divorce?
Divorce in Virginia Given the increase in marital breakdown in our society, almost everyone has been or could be affected in some way by a separation or divorce. Dissolving a marriage often involves property
INFORMATION ON DIVORCE IN FLORIDA
INFORMATION ON DIVORCE IN FLORIDA CAN YOUR MARRIAGE BE SAVED? Are you sure your marriage cannot be saved? Before you take any legal steps to end your marriage, you may consider possible ways to save it.
Bill for the Protection of Women and Family Members Against Domestic Violence
Bill for the Protection of Women and Family Members Against Domestic Violence Article 1: The provisions of the present law shall apply to domestic violence as per the rules established in the Articles
The Role of International Law in Reducing Maternal Mortality
The Role of International Law in Reducing Maternal Mortality K. Madison Burnett * Safe motherhood is a human rights issue The death of a woman during pregnancy or childbirth is not only a health issue
4 Criminal and Family Law
4 Criminal and Family Law ENG 004/2010 FAMILY LAW FOR WOMEN IN ONTARIO All Women. One Family Law. Know your Rights. Criminal and Family Law This booklet is meant to give you a basic understanding of legal
Family Law. Terms and Definitions. Second Edition
Family Law Terms and Definitions Second Edition Introduction The purpose of this booklet is to provide Newfoundlanders and Labradorians with a reference for the terms and definitions that are commonly
Grandparent Custody and Visitation Issues
Chapter 14 Grandparent Custody and Visitation Issues Melody K. Fuller, Esq.* Melody K. Fuller, P.C. SYNOPSIS 14-1. Grandparent Visitation Issues 14-2. Custody of Grandchildren 14-3. Resources This chapter
What is DOMESTIC VIOLENCE?
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
Table of Contents. Selected Iowa Wrongful Death Laws and Rules
Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated
All the children around the world should have the same rights, regardless of
1 Children s Rights in Saudi Arabia All the children around the world should have the same rights, regardless of where they live or what their religion is. The United Nations wrote a covenant to save the
Section 3: Civil Law. Lesson Plan 3: Family Law
P a g e 1 Grade Level 8-10 Duration 2 periods SNAPSHOT Introduction This lesson introduces students to family law. In the past, the basic family structure was the nuclear family. These families consisted
CRIMINAL LAW AND VICTIMS RIGHTS
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
Campaign to Save $800,000 for Elder Abuse Services: Elder Abuse Hurts in Brooklyn
Campaign to Save $800,000 for Elder Abuse Services: Elder Abuse Hurts in Brooklyn Brooklyn Council of Senior Centers and Services of New York City, Inc., April 2011. Document Coordinators: Kerry Sullivan
SUMMARY VIOLENCE AGAINST WOMEN STATISTICS:
Kosovo (Republic of Kosova) General Country Information: 1 Population: 1,733,872 Female population: 860,274 Member of Council of Europe: No Member of European Union: No CEDAW ratified: (Not signed) CEDAW
Domestic Violence: Can the Legal System Help Protect Me?
Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with
THE BASICS Getting Child Support in New York State
THE BASICS Getting Child Support in New York State Either parent can be named the custodial parent by a Court. This booklet assumes that the mother is the custodial parent and will be seeking Courtordered
Original Petition for Divorce
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause Number: (The Clerk s office will fill in the Cause Number and Court Number when you file this form.) IN THE MATTER OF THE MARRIAGE OF Petitioner: Print
The Legal System in the United States
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
County Court Restraining Orders
Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking
CRIMINAL LAW & YOUR RIGHTS MARCH 2008
CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,
Rocky Mountain News (Denver, CO)
Rocky Mountain News (Denver, CO) March 7, 2005 Monday Final Edition Police Response Faces Challenge; Castle Rock Lawsuit Could Alter Handling of Restraining Orders By Gabrielle Johnston, Rocky Mountain
Sexual Assault of a Child VOIR DIRE QUESTIONS
ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If
Victims of crime: Understanding the support you can expect
Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police
Family Law 2009-2010. February 2009 QUESTION 5
Family Law 2009-2010 February 2009 QUESTION 5 Shirley and Robert, Texas residents, had three children before divorcing in 1999. In the divorce decree, Robert was ordered to pay a total of $1,000 per month
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS
PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48
THE BASICS Getting a Divorce in New York State
THE BASICS Getting a Divorce in New York State Either the wife or the husband can ask a Court for a divorce. In this booklet, we say that the wife is the person who will go to Court to request a divorce
UNDERSTANDING DOMESTIC VIOLENCE IN CAMBODIA
80 UNDERSTANDING DOMESTIC VIOLENCE IN CAMBODIA Devon Palk During my first trip to Cambodia with the McMaster School, I conducted research on the developing Cambodian Stock Exchange. As an accounting major,
A Guide for Childhood Sexual Abuse Survivors
You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting
HAVE NO PAPERS/ARE OUT OF STATUS/ UNDOCUMENTED
Families Beware! Fighting For Our Rights When Getting Deported 1. Who Can Be Deported? Any Non-Citizen is AT RISK of detention/deportation and can be deported by ICE (Immigration Customs Enforcement) if
HOW TO FIND A LAWYER IN FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422
HOW TO FIND A LAWYER IN FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 WHEN SHOULD I SEE A LAWYER? You've been hurt in a car accident. It's time to draw up a
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY
WHAT YOU SHOULD KNOW ABOUT. Domestic Violence and Mediation
WHAT YOU SHOULD KNOW ABOUT Domestic Violence and Mediation What is mediation? Mediation is a way of working out differences in a divorce or a custody case (see parental rights and responsibilities below)
Christobel Deliwe Chakwana
DOMESTIC VIOLENCE 5 5. INTRODUCTION Christobel Deliwe Chakwana The 2004 survey represents the first time the Malawi Demographic and Health Survey (MDHS) collected information on domestic. The inclusion
The rights of women seeking asylum: a charter
The rights of seeking asylum: a charter The rights of seeking asylum: a charter Women come to the UK to seek protection from a range of human rights abuses abroad. Whilst some of their experiences, such
FAST FACTS. 100 TO 140 MILLION girls and women in the world have experienced female genital mutilation/ cutting.
603 MILLION women live in countries where domestic violence is not yet considered a crime. Women and girls make up 80% of the estimated 800,000 people trafficked across national borders annually, with
COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES
COMMUNITY PROTOCOL FOR DOMESTIC VIOLENCE CASES PURPOSE: The County Attorney, Sheriff, Police Chief, Court Service Officer and DV Agency have mutually agreed upon this community protocol to encourage the
Dependant Support Claim Against an Estate. 1. Review the legislation and case law and identify relevant information and documentation
Dependant Support Claim Against an Estate 1. Review the legislation and case law and identify relevant information and documentation Review Part V of the Succession Law Reform Act (the "SLRA"), titled
Seeking Protection from Domestic Violence in New York s. Information for Immigrant Victims with Limited English Proficiency
Seeking Protection from Domestic Violence in New York s Family Court: Information for Immigrant Victims with Limited English Proficiency What is domestic violence? If your current or former intimate partner
Divorce Mediation Myths
Divorce Mediation Myths Debunking divorce mediation myths: Facts about the mediation process. Myth: Mediation allows one spouse to dominate another. Fact: A good mediator pays close attention to the power
SOME THINGS TO CONSIDER WHEN FILING FOR CUSTODY OR VISITATION MYTHS AND REALITIES
SOME THINGS TO CONSIDER WHEN FILING FOR CUSTODY OR VISITATION MYTHS AND REALITIES The father is the parent responsible for supporting the child. The law states that both parents have an equal obligation
Self-Defense and Predominant Aggressor Training Materials
Self-Defense and Predominant Aggressor Training Materials Self Defense and Defense of Self; There is a Difference The following materials provide an outline of topics to cover by someone in your community
RULE 63 DIVORCE AND FAMILY LAW
RULE 63 DIVORCE AND FAMILY LAW Definitions (1) In this rule, Application claim for relief includes a child support order, a spousal support order, a custody order, a property order, and corollary relief
Paralegal Training Report, 12 th - 15 th November 2013
Paralegal Training Report, 12 th - 15 th November 2013 Since the inception of the National Agency for Legal Aid (NALA) in 2010, it has made tremendous efforts in delivery of legal aid services to the most
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
Oregon State Bar Judicial Voters Guide 2014
Oregon State Bar Judicial Voters Guide 2014 1) Your full name: Gregory F. Silver 2) Office Address and Phone Number: Multnomah County Courthouse 1021 SW Fourth Avenue Portland, OR 97204 (503) 988-3069
Divorce. Consumer Pamphlet Series
Divorce Consumer Pamphlet Series Foreword Divorce affects, directly or indirectly, virtually every family in the country. The following information is designed to briefly summarize Georgia s divorce laws.
Protective Orders Including: Order of Protection and Injunction Against Harassment
Things You Should Know About Protective Orders Including: Order of Protection and Injunction Against Harassment This booklet is designed to provide general information about protective orders for domestic
Romanian Economic and Business Review Vol. 3, No. 2 EQUAL PAY THE TIME-BOMB UNDER PAY STRUCTURES IN ROMANIA
Romanian Economic and Business Review Vol. 3, No. 2 EQUAL PAY THE TIME-BOMB UNDER PAY STRUCTURES IN ROMANIA W. David Rees and Christine Porter Abstract One of the major consequences of Romania joining
Family Law. Bahrain. Published February 10th, 2014
Family Law In Bahrain Published February 10th, 2014 About Us (BCHR) is a nonprofit, non-governmental organization, registered with the Bahraini Ministry of Labor and Social Services since July 2002. Despite
The Constitution and the Federal Judiciary
The Constitution and the Federal Judiciary Article III of the United States Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The
TAKE GOOD CARE OF What does all that mean? Your COMMITMENT to each other YOURSELF Any CHILDREN you might have or adopt
CONGRATULATIONS! You re getting married hopefully, for the rest of your life. It may surprise you to learn that the State of Florida has an interest in your marriage. Not in the number of bridesmaids,
RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant
RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining
Liberty s Briefing: Forced Marriage (Civil Protection) Bill
Liberty s Briefing: Forced Marriage (Civil Protection) Bill January 2007 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties and human rights organisations.
Gender in Namibia: Growing support for women s leadership, concerns about violence
Dispatch No. 22 April 2015 Gender in Namibia: Growing support for women s leadership, concerns about violence Afrobarometer Dispatch No. 22 Nangula Shejavali Summary Namibians express increasing levels