The long awaited UN Convention for the Elimination of All Discrimination Against Women People’s Tribunal will take place in London for three days at the end of the month.
Here is the announcement:
CEDAW PEOPLE’S TRIBUNAL You are warmly invited to view the Tribunal Hearings which take place between 9-5pm on these 3 dates:- Monday 21st June 21 View Here Tuesday 22nd June 21 View Here Wednesday 23rd June 21 View Here
The inquisitorial Tribunal will examine a body of evidence out of which a body of learning will evolve. Opening and Closing Statements by Garden Court Chambers will be followed on the final day by the President of the Independent Judges Panel’s ‘Brief Summary’. A Report will be published ahead of August Bank Holiday accompanied by a film where more information will also be shared.
Since there is a lot of interest by holding the hearings on line to reach the maximum number of people. The hearings will be chaired as reported before by leading QC’s and Barristers from Garden Court Chambers.
For full details of all the people involved please see my previous blogs for their profiles. More details about the issues to be debated will be published later but it is expected to comprehensively cover all the points in the Convention about discrimination against women and girls.
Later in the same week the Labour Party’s Women Conference will also be debating a motion to commit the party to supporting the UN Convention into British domestic law. The Scottish National Party is already committed to implementing the convention into Scottish law and has started to prepare to do this after winning the Scottish Parliamentary elections in May.
Plans for a People’s Tribunal in London later this year to hear the case for implementing the UN Convention to eliminate all discrimination against women (CEDAW) have received a huge boost after one of London’s leading international law firms have offered to work for them free of charge.
Garden Court Chambers, which has 197 barristers and 27 QC’s, and specialises in human rights cases has offered the services of six of its leading women barristers and QC’s to head up the People’s Tribunal which aims to draw up an ” oven ready ” Bill of Rights for Women which could be put into British law. All are working pro bono.
Smita Bajaria, a solicitor, is also working pro bono and will be instructing the barristers for the CEDAW tribunal.
The decision by Garden Court Chambers, to offer such a huge amount of pro bono work to the inquisitional tribunal is thought to be unprecedented in legal circles. All will be working on the preparation and presentation of the legal arguments and examine over 20 witnesses across the three day tribunal hearing.
The six QCs and barristers are:
Sonali Naik QC
Sonali has an extensive judicial review practice in challenges to Home Office policy, trafficking and unlawful detention and has won a number of high profile cases including a landmark case which found that Priti Patel, the home secretary, had acted illegally in demanding the “instant removal” of migrants without having access to lawyers.
Amanda Weston QC
A leading expert on public and administrative law and judicial reviews and on the preferred counsel list for taking up cases for the Equality and Human Rights Commission.
An expert on gender and race discrimination. Won a landmark case against the Home Office in the Supreme Court for the Public and Commercial Services Union and Prospect union over the discrimination against black and older applicants in promotion tests , winning a settlement of over £1m.
She is an equality and human rights lawyer with a particular expertise in cases involving child, refugee and migrant rights, sex, gender, LGBTI+, trafficking and detention. Advises the Council of Europe.
A specialist public law practice in the areas of community care (Adult and Children Act cases), human trafficking, migrant welfare, housing, and immigration and asylum law.
She commenced practice in 1995 inspired by the desire to promote the rights of the under privileged and disadvantaged and quickly established herself as a well-respected and busy human rights and immigration barrister. She is on the preferred list of Lawyers for the Equality and Human Rights Commission.
A statement from the CEDAW People’s tribunal said : “Every woman and girl born in the UK should be able to realise, as of right, her true potential.
“There is no reason why CEDAW cannot be transposed into domestic law and the delay in doing so is nothing short of unconscionable.
• A published Report out of the tribunal hearing signed-off by the Independent Panel of Judges
• Instructions for a Women’s Bill of Rights
• A film of the journey
• Roadshow e-Drop-Ins
The CEDAW Peoples Tribunal will leave a lasting legacy by providing a body of evidence for individuals, women’s campaign groups and politicians to hold governments to account.
This will lead to changes in laws and the creation of new laws to bring about a Women’s Bill of Rights and substantive, transformative equality for all women and girls.”
Dr Jocelynne Scutt, President of panel of judges of the CEDAW People’s tribunal , Nazir Afzal Legal Consultant to the tribunal
Two of the leading people talk in advance of the planned People’s Tribunal in London
Later this year there will be a People’s Tribunal in London to evaluate the need for the UN Convention on the elimination of all discrimination against women to be put into domestic law. The convention, signed and ratified by Margaret Thatcher in 1986 has never been put into domestic law though parts of it are in the Equalities Act, 2010.
The tribunal will examine the failure to integrate CEDAW into domestic legislation; decide whether those delays are legitimate or not; and make necessary recommendations as to how the Convention can be given full effect in the UK, advancing women in all aspects of society and recognising historic inequalities.
Dr Jocelynne Scutt, the Australian feminist who is president of the panel of judges CEDAW People’s Tribunal and Nazir Afzal, newly appointed Legal Consultant to the tribunal. have talked about their hopes for a massive legal change.
Jocelynne Scutt is a senior law fellow at the University of Buckingham. She was Tasmania’s first anti discrimination commissioner and is a member of the Labour Party in Cambridge and the Australian Labor Party. She is a former judge in Fiji.
Nazil Afzal, is the former Chief Crown Prosecutor for NW England and formerly Director in London. Most recently, he was Chief Executive of the country’s Police & Crime Commissioners. During 24 year career, has prosecuted many high profile cases and advised on many others and led nationally on Violence against Women & Girls, child sexual abuse, and honour based violence. His prosecutions of the so called Rochdale grooming gang and hundreds of others were groundbreaking and drove the work that has changed the landscape of child protection. He is the new legal consultant to the tribunal.
Jocelynne Scutt believes there are many cases -particularly those involving violence against women and rape cases- where women are still not seen as credible because of prejudice or the way they dress. She points to protests from women groups over rape cases with placards saying ” Wearing a dress does not mean yes” as a good example of the way women are treated by men. She says this is similar to the ” stop and search” policy by the police where just because a black man is driving a posh car it is assumed it is either stolen or he is a drug dealer.
She said one of the big changes CEDAW could bring is to change the law to make people treated as a whole human being instead of being categorised in different legal columns. She cited a discrimination case brought on both sex and gender and racial discrimination.
” The law as it is either treats the case as a sex and gender case with a bit of ethnicity added on or a an ethnicity discrimination case with a bit of gender discrimination. People are not like that.”
The standard in courts is still based on ” Benchmark Man”
She says courts are still dominated by white male values despite the fact we have more women barristers and judges. ” As one of my colleagues says the standard is Benchmark Man- that is still the standard for everything.”
She thinks that middle class women have an advantage over working class women to progress in their careers.
” Middle class women in professional jobs can get through the glass ceiling or at least see it . For working class women – such as cleaners and care workers – they are stopped by a concrete canopy- they can’t even see the glass ceiling let alone break through it” This is something that CEDAW would change.
Both she and Nazil Afzal believe CEDAW will bring about big changes. She is optimistic that support for CEDAW will build and build to become a major issue.
Nazil believes there is no legal impediment to introducing CEDAW only a political one. He also believes that if Scotland and Wales decide to implement CEDAW while England declines to do so – it ” will lead to an even greater postcode lottery in judicial decisions than it is now.
” Probably only one per cent of lawyers understand CEDAW”
He believes that at present the vast majority of lawyers don’t understand CEDAW even though its is recognised by the courts as international law.
” Probably only one per cent of lawyers -unless it is their speciality – don’t understand it and probably among that one per cent only one per cent understand it fully “
He thinks the passing of the Domestic Abuse Bill has made the case for putting CEDAW into domestic law and also for the United Kingdom to sign up to the Council of Europe Istanbul Convention on preventing and combating violence against women and domestic abuse.
Some 45 countries have signed up and 34 have ratified the convention. The UK is not one – one of the stumbling blocks for the UK is that it would have to give migrants equal rights.
The campaign to introduce a comprehensive bill of rights for women by implementing in full the UN Convention for the Elimination of all Discrimination Against Women (CEDAW) takes a major step forward this weekend.
Five high profile women -one a former judge – have agreed to serve on the panel which will sift evidence to be presented at the CEDAW People’s Tribunal later this year presided over by John Cooper, QC, a human rights lawyer,.
CEDAW is “like motherhood and apple pie” – John Cooper QC
John Cooper said the issue should not be controversial – ” it is like motherhood and apple pie”.
He said the tribunal should have three main goals – independence, transparency and authenticity.
” There are three main areas to investigate: Why CEDAW has never put into UK law; whether there was any good reason for not doing so, and most importantly, to make recommendations on what should happen next.”
The movement to implement comprehensive changes in the law for all women and girls has come from the historic unequal treatment of women and the exposure of poverty and hardship by women born in the 1950s who had to wait an extra six years for their pension. Campaigners pointed out that Margaret Thatcher had signed up to the convention as long ago as 1986 but it had never been properly implemented into UK law -despite Gordon Brown’s government passing the Equality Act in 2010.
Worse the position of the 50s women was just the tip of the iceberg of unequal treatment which covers everything from unequal pay to discrimination in the workplace and women being subject to harassment and sexual abuse and even given poor treatment in jails.
The tribunal will take place as the devolved governments in Scotland and Wales are considering implementing laws to apply the convention – leading to an extraordinary situation where women will have more rights and redress against discrimination and inequality in Scotland and Wales than in England. All this will bring home the issue to the present Tory government whether it wants to do anything about it or not.
The president of the new panel is the Hon. Jocelynne Annette Scutt, an Australian feminist and human rights lawyer and senior law fellow at the University of Buckingham. She has written about money, marriage and property rights and more recently about plastic surgery, women’s bodies and the law. She was Tasmania’s first anti discrimination commissioner and is a member of the Labour Party and the Australian Labor Party. She is a former judge in Fiji.
The other panel members are:
Christine Chinkin, FBA is Emerita Professor of International Law, Professorial Research Fellow and Founding Director of the Centre of Women Peace & Security at LSE.
She is a barrister, a member of Matrix Chambers. Together with H. Charlesworth, she won the American Society of International Law, 2005 Goler T. Butcher Medal ‘for outstanding contributions to the development or effective realization of international human rights law’. She is a William C Cook Global Law Professor at the University of Michigan Law School.
She has held visiting appointments in Australia, the United States, Singapore and the People’s Republic of China. She is currently a member of the Kosovo Human Rights Advisory Panel and was Scientific Advisor to the Council of Europe’s Committee for the drafting of the Convention on Preventing and Combatting Violence against Women and Domestic Violence.
Jane Gordon MA (Oxon) LLM (Distinction) is a human rights lawyer with over 20 years’ experience working in human rights legal practice and policy at domestic, regional and international levels. Jane co-founded Sisters For Change with her sister, SFC Executive Director, in 2014. Jane was Human Rights Advisor to the Northern Ireland Policing Board (2003-2008) where she co-devised the first ever framework for monitoring the human rights compliance of the police.
In 2009-2010, she was appointed Human Rights Advisor to Her Majesty’s Inspectorate of Constabulary’s national policing protest review. Jane has litigated cases of serious human rights violations against Russia, Turkey, Georgia, Armenia and Ukraine before the European Court of Human Rights, and advised national human rights institutions, public authorities and oversight mechanisms in Jamaica, India, Malawi, Iraq, Ireland and across the UK. Between 2008-2017,
Jane was a Senior Fellow at LSE’s Centre for the Study of Human Rights and LSE’s Centre for Women, Peace and Security where she delivered LSE’s practitioner short course on Women’s Human Rights. In 2013-2014, Jane served as gender advisor/SGBV investigator with the UN Commission of Inquiry on Syria. Jane is additionally a member of the Foreign Secretary’s Human Rights Advisory Group.
Professor Aisha K. Gill, Ph.D. (University of Essex) CBE is Professor of Criminology at University of Roehampton. Her main areas of interest focus on health and criminal justice responses to violence against Black, minority ethnic and refugee (BMER) women in the UK, Georgia, Iraqi Kurdistan, Libya, India, Pakistan and Yemen. Professor Gill is often in the news as a commentator on early/child/forced marriage, violence predicated on ‘honour’, and sexual violence in South Asian communities.
Professor Gill has been involved in addressing the problem of violence against women and girls (VAWG) at the grassroots level for the past 21 years. She is invited adviser to the Independent Police Complaints Commission (IPCC) strategic support group on investigations and complaints involving gendered forms of violence against women in the UK (including domestic violence); member of Liberty’s Project Advisory Group; member of Kurdish Women’s Rights Watch; Imkaan and Chair of Newham Asian Women’s Project (2004-2009). In October 2019, she was invited to join the Victims’ Commissioner’s Advisory Panel, chaired by Dame Vera Baird, QC.
Professor Fareda Banda, at the School of Oriental and African Studies, London University.
She joined SOAS in 1996. She has convened and taught English Family law, Human rights of women and Law and Society since then. She has also contributed to various courses including Alternative Dispute Resolution, Law and Development, Law and Development in Africa and Legal Systems of Asia and Africa. She has supervised PhD theses on topics including children’s rights, sexual violence against women, post-conflict reconstruction and gender. She writes on women’s rights, family law, and, more recently, religion. Fareda has been an active member of the School’s Equality Committee, first in her capacity as the union equality officer and more recently as the representative of the Faculty of Law and Social Sciences.
The new panel members are delighted and honoured to be appointed. Dr Davina Lloyd, Chair of the CPT Steering Committee, said:” The well being of future generations is in excellent hands”.
Expect more of this on my blog as the campaign gains momentum throughout the rest of this year.
Aim is to write the UN Convention on the Elimination of Discrimination Against Women [CEDAW] into UK domestic law.
Nearly 40 years ago Margaret Thatcher signed the UK up to the UN convention to end all discrmination against women but successive Tory, Labour and coalition governments have never passed the convention in British law.
Now in an age when the Boris Johnson led Tory government is trying to renege on international law agreements during European Union negotiations and opt out of parts of the European Convention on Human Rights it will face the wrath of women and girls who feel they have been treated as second class citizens for too long in the UK.
The movement has grown out of the far too long campaign by BackTo60 to get women born in the 1950s compensation for the loss of their pensions from the age of 60 which will be decided at a Court of Appeal hearing on Tuesday on grounds of discrimination.
The issue of inequality under CEDAW was an issue in the court case – but because it is not part of British domestic law – it is difficult issue to argue.
Now it looks like with real support from international figures and human rights lawyers that the Conservative government is going to face a campaign that will make the BackTo60 fight look like a sideshow.
It will begin with the setting up of a People’s Tribunal under John Cooper QC and renowned human rights lawyer who was Chair of the International Steering Committee and Prosecutor at the Iran Tribunal in The Hague and is named by The Times as one of the top 100 lawyers in the country.
Now he is joined by three international experts. One is Andrew Byrnes, Professor of Law of Law at the University of New South Wales, Sydney, Australia, where he served as Chair of the Australian Human Rights Centre from 2005 to 2017.
He is an expert on both People’s Tribunals and CEDAW . With Gabrielle Simm (a senior law lecturer at the University of Technology, Sydney) he recently published the edited collection Peoples’ tribunals and international law (Cambridge University Press, 2018) and forthcoming publications includes chapters on the work of the UN Committee on the Discrimination against Women and the UN Committee against Torture, as well as the protection of economic and social rights through the parliamentary process.
He also was involved in the drafting of the CEDAW Optional Protocol, the Convention on the Rights of Persons with Disabilities, and is working with the Asia Pacific Forum of National Human Rights Institutions in current UN discussions about a possible new convention on the human rights of older persons.
The second international expert who will join the advocacy team is Meghan Campbell, an Associate Professor at the University of Birmingham and Deputy Director of the Oxford Human Rights Hub. Her monograph, Women, Poverty, Equality: The Role of CEDAW (Hart 2018) was shortlisted for the Socio-Legal Scholars Association-Early Career Research Prize. The bookoffers an interpretation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to demonstrate how equality and non-discrimination can address the harms of gender-based poverty.
The third international expert is Professor Christine Chinkin CMG FBA is Professorial Research Fellow in the Centre for Women, Peace and Security, where she leads three major projects: ‘A Feminist International Law of Peace and Security’ funded by the AHRC, ‘Gendered Peace’ funded by the ERC and the UKRI GCRF Gender, Justice and Security Hub. Professor Chinkin was Director of the Centre for Women, Peace and Security from 2015-2018.
She co-edited the book ‘The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary’ and authored the chapter on violence against women and girls. She was scientific advisor to the Council of Europe Committee that drafted the Convention on Violence against Women and Domestic Violence (the ‘Istanbul Convention’), the most far-reaching international treaty aimed at tackling violence against women and domestic violence.
She will be joined by Hannah Wilson who works for Women’s Link Worldwide, an international human rights organisation which seeks to use the power of the law to promote social change which advances the rights of women and girls, particularly those facing multiple inequalities. She is based in Madrid and has recently raised issues about the poor conditions of workers harvesting strawberries in Huelva Spain who are mainly women and women’ rights in Rwanda.
Bright energetic women
In addition the People’s Tribunal have recruited a number of new bright energetic women legal associates as volunteers who are starting out in their careers after graduating. They include Isabelle Ehiorobo, a Law graduate from the University of Sussex; Shauna Lyttle who read history at King’s College London and is now completing a graduate LLB and Natalie Payne a recent LLB graduate from the University of Warwick, ( my former university) beginning a postgraduate study in Human Rights Law in 2020.
When the tribunal gets going it will be on a much broader canvas than the BackTo60 campaign. It will raise issues about poor working conditions, poverty, job discrimination, domestic abuse as well as pension discrimination among many others. It should prove a catalyst making discrimination against women a mainstream issue. It will also be a big fight with the government to get legislation on the agenda.
In the meantime the group has a spanking new website which can be reached here. The campaign is just beginning.
This week the inquiry into historic child sexual abuse under New Zealand judge Lady Justice Goddard will start preliminary hearings which could last years. On Wednesday it starts with a hearing into allegations against the late Lord Janner. The following Wednesday there are two short sessions looking into abuse inside the Anglican Church and at Knowl View and other venues in Rochdale and on Thursday March 24 into child sexual abuse of people in the care of Lambeth Council. The details are here.
Last week a report came out from the United Kingdom Child Sex Abuse People’s Tribunal- a very small scale investigation that took evidence from 24 people covering different types of sexual abuse with families, institutions and paedophile rings. What comes out – apart from horrific stories from the testimony of individuals – is a system not capable of sensitively handling the issue. As it says in this paragraph:
That to my mind is as important as the recommendations reported on Mail On line by the Press Association here . These include a permanent commission,provision of advocates to survivors proper links between mental health and police investigating abuse and a safe channel for victims yo give evidence anonymously.plus better training for police, the judiciary and the health service to handle cases.
This report deserves to be taken seriously as its steering committee was composed ,mainly of survivors themselves aided by professional advisers and two experts, Regina Paulose, an American lawyer and former prosecutor and Alan Collins, a British solicitor with enormous experience in handling child abuse cases from Jersey’s Haut de la Garenne inquiry to Australia and Kenya.
If the Goddard Inquiry really wants to tackle the issue they could not do much better than take this on board when they start their hearings.