United Nations
Division for the Advancement of WomenJudicial colloquium on the application of international human
rights law at the domestic level
Programme of Work
United Nations Office at Vienna
27-29 October
Vienna, Austriain commemoration of the
20th anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination against Women
and the
10th anniversary of the Convention on the Rights of the Child
Programme of Work
WEDNESDAY, 27 OCTOBER 1999
8:00 am - 9:45 am Registration of participants
10:00 am - 10:45 am Plenary
Chairperson: Ms. Angela E.V. King
Opening ceremony
Welcoming remarks by:Ms. Angela E.V. King, United Nations Assistant Secretary-General and Special Adviser on Gender Issues and Advancement of Women
H.E. Ms. Benita Ferrero-Waldner, State Secretary for Foreign Affairs, Austria
Ms. Yakin Ertürk, Director, United Nations Division for the Advancement of Women
11:00 am - 1:00 pm
Plenary Introduction of Theme 1: Nationality, Marriage and Family RelationsKeynote Presentations:
* Ms. Christine Chinkin, Professor of International Law, London School of Economics: Nationality
* Mme. Emna Aouij, Présidente de la Cour des Comptes, Tunisia: Marriage and family relations
1:00 pm - 3:00 pm Lunch (own account)
3:00 pm - 5:30 pm Three parallel working groups
(Note: One working group will be held with interpretation in English-French-Spanish; one working group will be held with interpretation English-Spanish; and one working group will be in English only)(Note: Individual presentations in working groups should not exceed 10 minutes. Following the scheduled presentations, some 30 minutes will be allocated for working group participants to contribute from their own experience in the area under consideration. This will be followed by a discussion of common trends and issues faced by the judiciary. The last 45 minutes of time in the working groups should be used to discuss opportunities, as well as possible strategies open to judges and magistrates for more creative and widespread use of international human rights norms contained in the CEDAW and CRC Conventions at the domestic level, in both common and civil law systems.)
Working Group One (English-French-Spanish)
Conference Room IIIFacilitator: The Hon. Ms. Teresa Doherty, former Judge of the National Court and Supreme Courts of Justice, Papua New Guinea
Resource person: Mme. Emna AouijPresentations:
* The Hon. Mr. Francis Nyalali, Chief Justice of Tanzania (customary law rules concerning the selling of clan land - Ephrahim v. Pastory)
* The Hon. Ms. Gwen Phillips, Magistrate, Fiji (application of customary law rules in Fiji, and the Pacific region)
* The Hon. Ms. Elizabeth Gwaunza, Justice, the High Court of Zimbabwe (inheritance rights of women under customary law)
* The Hon. Ms. Florence Array, Chief Justice of the Court of Appeal, Buea, Cameroon (family relations)
* The Hon. Mme. Conceptia Ouinsou, President of the Constitutional Court of Benin (inheritance rights)
* The Hon. Mr. Krishanajung Rayamahji, Judge, Supreme Court of Nepal (unmarried womens inheritance rights)Woring Group Two (English-Spanish)
Conference Room IIFacilitator: Ms. Sreelaksimi Gururaja, UNICEF
Resource person: Ms. Jane Connors, DAW
Presentations:
* The Hon. Mr. Michel Bastarache, Supreme Court of Canada (childrens rights in the framework of the Canadian Charter of Rights and Freedoms, with reference to s. 15)
* The Hon. Ms. Marta Battistella de Salaberry, Ministro Tribunal de Apelaciones de Familia de Primer Turno, Uruguay (best interest of the child - parental rights)
* The Hon. Ms. Stella Arach-Amoko, Judge, High Court of Uganda (rights of children)
* The Hon. Ms. Ameurfina Melencio-Herrera, Chancellor, Philippine Judicial Academy (best interests of the girl child and rules of the Court)Working Group Three (English only)
Conference Room VIIFacilitator: The Hon. Mr. Ephraim Georges, High Court of Justice, Antigua
Resource person: Ms. Christine Chinkin
Presentations:
* The Hon. Ms. Katherine ORegan, Judge, Constitutional Court, South Africa (Judges consideration of international law in the interpretation of the Bill of Rights)
* The Hon. Ms. Unity Dow, Justice of the High Court of Botswana (nationality questions - Attorney General of Botswana v. Unity Dow)
* The Hon. Mr. Anthony Gubbay, Chief Justice of Zimbabwe (residency questions - Rattigan and Ors v. Chief Immigration Officer and Ors)5:30 pm - 6:00 pm Reports back to plenary from working groups
6:30 pm RECEPTION hosted by the State Secretary for Foreign Affairs of Austria, H.E. Ms. Benita Ferrero-Waldner
(Palais Dietrichstein, Festsaal, 2nd Floor. Address: Minoritenplatz 3.)
THURSDAY, 28 OCTOBER 1999
Chairperson: Ms. Thuwayba Bint Ahmed Al-Barwani
10:00 am - 12:30 pm
Plenary Introduction of Theme 2: Violence against WomenKeynote Presentations:
* Mr. Claudio Grossman, Professor of Law, American University, and Special Rapporteur of the Inter-American Commission on Human Rights on the Status of Women in the Americas: Violence against women - domestic violence
* Ms. Navanethem Pillay, President of the International Criminal Tribunal for Rwanda: Violence against women - State-sponsored violence
12:30 pm - 1:00 pm Final communiqué - Preliminary discussion
1:00 pm - 3:00 pm Lunch (own account)
3:00 pm - 5:30 pm Three parallel working groups
Working Group Three (English-French-Spanish)
Conference Room III
Facilitator: The Hon. Ms. Lilian Hofmeister, Substitute Justice, Constitutional Court of Austria
Resource person: The Hon. Ms. Navanethem PillayPresentations:
* The Hon. Mr. Khandker M. Hasan, Judge at the Supreme Court of Bangladesh (judicial custody - "safe custody")
* The Hon. Ms. Leonor Jimenez, Judge, Guayaquil, Ecuador (Court action on violence against women)
* The Hon. Ms. Odette Murara, President of the Court of Appeal, Rwanda (genocide committed by minors)
* The Hon. Ms. Petra Smutny, Judge, Austria (trafficking in women)
Working Group Two (English-Spanish)
Conference Room IIFacilitator: The Hon. Mr. Reynato Puno, Associate Justice, Supreme Court of the Philippines
Resource person: Ms. Jane ConnorsPresentations:
* The Hon. Mr. Tassaduq Hussain Jillani, Judge at Lahore High Court, Pakistan (right to marry)
* The Hon. Ms. Catherine Fraser, Justice, Supreme Court of Alberta, Canada (question of consent in rape - Ewanchuk)
* The Hon. Ms. Maria Cristina Parra, Jueza Superior de Familia Y Menores, Venezuela (Constitutional Court declaring void articles of Criminal Code)
Working Group Three (English)
Conference Room VIIFacilitator: Ms. Yakin Ertürk, Director, UN Division for the Advancement of Women
Resource person: Dean Claudio GrossmanPRESENTATIONS
* The Hon. Mr. Nasir-ul-Mulk, Judge at Peshawar High Court, Pakistan ("honour" killings)
* The Hon. Mr. A.K. Badrul Huq, Judge, Supreme Court of Bangladesh (violence against women)
* The Hon. Ms. Anita Usacka, Judge, Constitutional Court of Latvia (legislation on violence against women in Latvia)
* Ms. Stella Dabutha, Counsellor, Botswana (legislation on rape)
5:30 pm - 6:00 pm Reports back to plenary from working groups
PLENARY
FRIDAY, 29 OCTOBER 1999
Chairperson: Mr. Uutoni D. Nujoma
10:00 am - 12:30 pm
Plenary Introduction of Theme 3: Work and Work-related Roghts of Women and GirlsKeynote Presentations:
* Mr. Marc Bossuyt, Professor at the University of Antwerp, and Judge at the Court of Arbitration, Belgium: affirmative action/temporary special measures for women and girls
* Ms. Krisztina Morvai, Profesor of Law, Eötvös Lorand University, Budapest, Hungary: womens and girls right to work, and work-related rights.
12:30 pm - 1:00 pm Judicial training in international human rights law for women - the example of the International Women Judges Foundation
Presenter: The Hon. Ms. Arline Pacht (ret.), Director, IAWJ, IWJF
1:00 pm - 3:00 pm Lunch (own account)
3:00 pm - 4:30 pm Parallel working groups
Working Group One (English-French-Spanish)
Conference Room IIIFacilitator: The Hon. Ms. Mella Carroll, Justice, High Court of Ireland
Resource person: Mr. Marc Bossuyt* Ms. Laarif Hamida, General Attorney, Tunisia (work-related rights)
* Ms. Jenny Goldschmidt, President of the Equal Treatment Commission of the Netherlands (work-related cases decided by the Commission, and by the Netherlands Courts)
Working Group Two (English-Spanish)
Conference Room IIFacilitator: The Hon. Ms. Elizabeth Muyovwe, Judge, High Court of Zambia
Resource person: Ms. Krisztina MorvaiPresenters:
* The Hon. Ms. Sujata V. Manohar, Justice of the Supreme Court of India (sexual harrassment- Vishaka and other examples)
* The Hon. Ms. Consuelo Ynares-Santiago, Associate Justice, Supreme Court of the Philippines (discrimination in the work place, sexual harassment, etc.)
4:30 pm - 4:50 pm Reports back to plenary from working groups
PLENARY4:50 pm - 5:30 pm Review and adoption of the final communiqué
5:30 pm - 6:00 pm Closing ceremony
Closing remarks: Ms. Yakin Ertürk, Director, DAW
NOTE: Plenary meetings take place in Conference room III
Working group meetings take place as follows:
* Working group one: Conference room III
* Working group two: Conference room II
* Working group three: Conference room VII***