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State of World Population 2005

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Notes

CHAPTER 3


1. There are seven core international human rights conventions: the International Covenant on Civil and Political Rights (1966); the International Covenant on Economic, Social and Cultural Rights (1966); the International Convention on the Elimination of all forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of Discrimination Against Women (1979); the Convention on the Rights of the Child (1989); the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (1984); and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990). Years shown indicate adoption of a convention, not date of entry into force.

2. Of the various relevant protocols adopted, particularly relevant in the context of women's rights is the Optional Protocol to the CEDAW entered into force in 2000. See: United Nations. 1999a. Resolution Adopted by the General Assembly: 54/4: Optional Protocol to the Convention on All Forms of Discrimination against Women (A/RES/54/4). New York: United Nations.

3. UNDP. 2000. Human Development Report 2000: Human Rights and Human Development. New York: Oxford University Press.

4. Ibid.

5. United Nations. 2005a. In Larger Freedom: Towards Development, Security and Human Rights for All: Report of the Secretary-General (A/59/2005). New York: United Nations; and UN Millennium Project. 2005a. Investing in Development: A Practical Plan to Achieve the Millennium Development Goals. Report to the UN Secretary-General. London and Sterling, Virginia: Earthscan.

6. United Nations. 2002a. "Draft Guidelines: A Human Rights Approach to Poverty Reduction Strategies." Geneva: Office of the High Commissioner for Human Rights, United Nations. Web site: www.ohchr.org/english/issues/docs/guidelinesfinal-poverty.doc, last accessed 30 June 2005.

7. Ibid.

8. Ibid, pp. 1 and 5.

9. UN Millennium Project 2005a.

10. United Nations 2002a.

11. Ibid.

12. United Nations 2005a.

13. United Nations. 2005b. Economic, Social and Cultural Rights: Draft Resolution: 2005: Human Rights and Extreme Poverty (E/CN.4/2005/L.18). New York: United Nations.

14. United Nations. 2005c. Economic, Social and Cultural Rights. Human Rights and Extreme Poverty. Report of the Independent Expert on the Question of Human Rights and Extreme Poverty: Arjun Sengupta (E/CN.4/2005/49.) New York: United Nations.

15. United Nations. 2005d. Review of the Implementation of the Beijing Platform for Action and the Outcome Documents of the Special Session of the General Assembly Entitled "Women 2000: Gender Equality, Development and Peace for the Twenty-first Century": Report of the Secretary-General (E/CN.6/2005/2), para. 374. New York: United Nations.

16. Ibid., para. 468.

17. Boland, R. 2004. "Legal Progress in Implementing the ICPD Programme of Action." Statement at the 2004 International Parliamentarians' Conference on the Implementation of the ICPD Programme of Action, Strasbourg, France, 18-19 October 2004. Web site: www.unfpa.org/parliamentarians/ipci/strasbourg/docs/boland.doc, last accessed 5 July 2005.

18. United Nations 2005d, paras. 383 and 386.

19. Ibid., para. 382.

20. The World Bank. 2001. Engendering Development: Through Gender Equality in Rights, Resources, and Voice, p. 4. New York and Washington, D.C.: Oxford University Press and the World Bank.

21. Equality Now. 2005. "Words and Deeds. Holding Governments Accountable in the Beijing + 10 Review Process." Women's Action 16.8: Update: May 2005. New York: Equality Now. Web site: www.equalitynow.org/english/wan/beijing10/beijing10_en.pdf, last accessed 11 July 2005.

22. United Nations 2005d, paras. 231 and 397.

23. Ibid., paras. 394 and 401; and The World Bank 2001.

24. United Nations 2005d, paras. 70 and 232.

25. UNIFEM. 2003. Not a Minute More: Ending Violence against Women. New York: UNIFEM.

26. The ICPD and Beijing articulated the international consensus based on the foundation established by earlier international human rights instruments and standards.

27. Equality Now 2005.

28. Organization of American States. 2003. "Third Biennial Report on Fulfillment of Resolution AG/RES. 1456 (XXVII-0/97): 'Promotion of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, 'Convention of Belem do Para'" (AG/RES. 1942 [XXXIIIO/ 03]). Washington, D.C.: Organization of American States.

29. African Union. 2003. "Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa." Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo, Mozambique, 11 July 2003. Addis Ababa, Ethiopia: African Union. Web site: www.africa-union.org/Official_documents/Treaties_%20Conventions_%20Protocols/ Protocol%20on%20the%20Rights%20of%20Women.pdf, accessed 5 July 2005.

30. International Center for Research on Women. 2004. To Have and To Hold: Women's Property and Inheritance Rights in the Context of HIV/AIDS in Sub-Saharan Africa. Information Brief. Washington, D.C.: International Center for Research on Women.

31. UNFPA. 2005. Beijing at Ten: UNFPA's Commitment to the Platform for Action. New York: UNFPA.

32. UN Millennium Project. 2005b. Taking Action: Achieving Gender Equality and Empowering Women, p. 144. Task Force on Education and Gender Equality. London and Sterling, Virginia: Earthscan.

33. UN Millennium Project 2005a, Box 1.3, p. 8.

34. United Nations. 1995. Population and Development, vol. 1: Programme of Action adopted at the International Conference on Population and Development: Cairo: 5-13 September 1994, Principle 2. New York: Department of Economic and Social Information and Policy Analysis, United Nations.

35. Defined in: United Nations. 1966. "International Covenant on Economic, Social and Cultural Rights: Adopted and Opened for Signature, Ratificaton and Accession by General Assembly Resolution 2000A(XXI) of 16 December," Article 12.1. Geneva: Office of the High Commissioner for Human Rights. Web site: www.unhchr.ch/html/menu3/b/a_cescr.htm, last accessed 11 July 2005; and reflected in various other human rights treaties.

36. WHO. 1948. Constitution of the World Health Organization (1946), Preamble. Geneva: WHO.

37. United Nations. n.d. "The International Covenant on Economic, Social and Cultural Rights: Adopted and Opened for Signature, Ratification and Accession by General Assembly Resolution 2200A (XXI) of 16 December 1966," Article 12. New York: United Nations; and United Nations. 2005e. Economic, Social and Cultural Rights: Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health: Paul Hunt (E/CN.4/2005/51), para. 46. New York: United Nations.

38. United Nations Office of the High Commissioner for Human Rights and UNAIDS. 1998. HIV/AIDS and Human Rights: International Guidelines: Second International Consultation on HIV/AIDS and Human Rights, Geneva, 23-25 September 1996 (HR/PUB/98/1). New York and Geneva: United Nations. These guidelines are available at: http://www.unaids.org/en/in+focus/hiv_aids_human_rights/international_guidelines.asp, accessed 5 July 2005.

39. United Nations. 2005f. Progress Made in the Implementation of the Declaration of Commitment on HIV/AIDS: Report of the Secretary-General (A/59/765), paras. 15 and 54. New York: United Nations.

40. United Nations 2005d, para. 544.

41. United Nations 1995, para. 7.3.

42. See, for example, General Recommendation 24 on Women and Health of CEDAW (1999); General Comment 14 on the Right to Health of the ICESCR (2000); General Comment 3 on HIV/AIDS and the Rights of the Child (2003); and General Comment 4 on Adolescent Health and Development (2003) of the CRC. Note also that the treaty bodies, such as the CEDAW Committee, issue recommendations to States Party submitting reports that often address reproductive health issues. See also the reports of the Special Rapporteurs on the Right to Health and on Violence Against Women, among others. Available on the web site of the Office of the High Commissioner for Human Rights: www.unhchr.org/, last accessed 12 July 2005.

43. UNFPA. 2004a. Investing in People: National Progress in Implementing the ICPD Programme of Action: 1994-2004. New York: UNFPA.

44. Boland 2004.

45. Ibid.; Boland, R. April 2005. Personal communications; and Center for Reproductive Rights. 2005. "Governments in Action: Legal and Policy Developments Affecting Reproductive Rights." Briefing Paper. New York: Center for Reproductive Rights.

46. Center for Reproductive Rights. 2003. "The Slovak Government's Response to Reproductive Rights Violations against Romani Women: Analysis and Recommendations." New York: Center for Reproductive Rights; and Republic of Peru. 2000. "Peru Resolution No. 03-DP- 2000 of 28 January 2000 of the Public Defender." Lima, Peru: Republic of Peru.

47. Center for Reproductive Rights 2005.

48. The 2002 International Parliamentarians' Conference on the Implementation of the ICPD Programme of Action (IPCI/ICPD), Ottawa, Canada, 21-22 November 2002. See: Report of the First International Parliamentarians' Conference on the Implementation of the ICPD Programme of Action. Web site: www.unfpa.org/parliamentarians/ipci/ottawa/documents/ottawareport.pdf; accessed 5 July 2005; and the 2004 International Parliamentarians' Conference on the Implementation of the ICPD Programme of Action, Strasbourg. France, 18-19 October 2004. See: "Strasbourg Statement of Commitment." Web site: www.unfpa.org/parliamentarians/ipci/strasbourg/docs/comm.doc, accessed 5 July 2005.

49. Kols, A. 2003. "A Rights-Based Approach to Reproductive Health." Outlook 20(4): 1-8. Seattle, Washington: PATH.

50. The IPPF Charter on Sexual and Reproductive Rights is based on 12 rights, which are grounded in international human rights instruments and the additional rights implied by them. See: International Planned Parenthood Federation. 1996. The IPPF Charter on Sexual and Reproductive Rights. London: IPPF. Web site: http://content.ippf.org/ output/ORG/files/6385.pdf, last accessed 8 July 2005.

51. See Articles 2(f,g) and 5(a) of CEDAW and Article 24.3 of CRC. In: United Nations. 1999b. Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women: Report of the Special Rapporteur on Violence Against Women, Its Causes and Consequences, Ms. Radhika Coomaraswamy: In Accordance with Commission on Human Rights resolution 1997/44: Addendum, Policies and Practices that Impact on Women's Reproductive Rights and Contribute to, Cause or Constitute Violence against Women (E/CN.4/1999/68/Add.4). New York: United Nations. See also: United Nations. 1993. 48/104: Declaration on the Elimination of Violence Against Women (A/RES/48/104), Article 4. New York United Nations.

52. United Nations 2003. Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women (E/CN.4/2003/75). New York: United Nations.

53. UNFPA. 2004b. Working from Within: Culturally Sensitive Approaches in UNFPA Programming. New York: UNFPA; and UNDP. 2004. Human Development Report: Cultural Liberty in Today's Diverse World. New York: UNDP.

54. UNFPA 2004b; and UNFPA. 2004c. Culture Matters: Working with Communities and Faith-based Organizations: Case Studies From Country Programmes. New York: UNFPA.

55. UNFPA. 24 June 1998. "Reproductive Health Round Table Focuses on Violence Against Women, Including FGM." Press Release. New York: UNFPA.

56. United Nations. 2003a. United Nations Common Country Assessment for the Islamic Republic of Iran. Tehran: United Nations Country Team in Iran, United Nations; United Nations. 2003b. Population and Development: Selected Issues.(ST/ESCAP/2288). Asian Population Studies Series. No. 161. New York: Economic and Social Commission for Asia and the Pacific, United Nations; United Nations. n.d. "Views and Policies Concerning Population Growth and Fertility Among Governments in Intermediate-Fertility Countries." New York: Population Division, Department of Economic and Social Affairs, United Nations; and Mehryar, A. H. 2001. Proceedings of the First International Workshop on Integrated Approach to Reproductive Health and Family Planning in the Islamic Republic of Iran. Tehran: UNFPA and the Institute for Research on Planning and Development.

57. Dungus, A. 2000. "Iran's Other Revolution." Populi 27(2): 8-13.

58. UNFPA 2004b.

59. United Nations. n.d. "Disabilities." Geneva: Office of the United Nations High Commissioner for Human Rights, United Nations. Web site: www.ohchr.org/english/ issues/disability/index.htm, accessed 21 June 2005.

60. UN Millennium Project 2005a, p.120; and United Nations. 2002b. Report of the United Nations High Commissioner for Human Rights to the Economic and Social Council (E/2002/68). New York: United Nations; and Shenker, S., and E. Shields. 22 December 2004. "Mixed Views on UN Indigenous Decade." BBC News Online, accessed 18 April 2005.

61. United Nations. 2005g. 2004 World Survey on the Role of Women in Development: Women and International Migration (A/59/287/Add.1, ST/ESA/294). New York: Division for the Advancement of Women, Department of Economic and Social Affairs, United Nations.

62. Hall, G., and H. Patrinos (eds.). Forthcoming. "Indigenous People, Poverty, and Human Development in Latin America: 1994-2004." Washington, D.C.: The World Bank and Palgrave/MacMillan; and United Nations. 2004a. Report of the Secretary- General on the Preliminary Review by the Coordinator of the International Decade of the World's Indigenous People on the Activities of the United Nations System in Relation to the Decade (E/2004/82). New York: United Nations.

63. Quinn, G., and T. Degener. 2002. Human Rights and Disability: The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability (HR/PUB/02/1). New York and Geneva: United Nations. See also: CEDAW General Recommendation No. 18. Web site: www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom18, last accessed 1 July 2005.

64. UNIFEM. 2004. "Securing Indigenous Women's Rights and Participation." At-a-Glance. New York, UNIFEM. Web site: www.unifem.org/filesconfirmed/2/355_at_a_glance_indigenous_women.pdf, last accessed 5 July 2005.

65. See para. 31, among others, in: United Nations 2004b. Specific Groups and Individuals, Migrant Workers. Report of the Special Rapporteur, Ms. Gabriela Rodríguez Pizarro, Submitted Pursuant to Commission on Human Rights Resolution 2003/46 (E/CN.4/2004/76). New York: United Nations.

66. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which came into force in 2003. Efforts are now underway to draft an international convention on the rights of persons with disabilities. See: United Nations. n.d. "Draft Article 12: Freedom from Violence and Abuse." New York: United Nations. Web site: www.un.org/esa/ socdev/enable/rights/ahcwgreporta12.htm, last accessed 6 July 2005. The Convention Concerning the Protection and Integration of Indigenous and other Tribal and Semi- Tribal Populations and Independent Countries came into force in 1991 (ILO. n.d. "C107 Indigenous and Tribal Populations Convention." Web site: www.ilo.org/ilolex/cgi-lex/ convde.pl?C107, last accessed 6 July 2005).

67. For example, the 1982 UN World Programme of Action concerning Disabled Persons and the 1995 Beijing Conference Declaration of Indigenous Women. The Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (2001) also addressed the rights of indigenous people. For the latter see web site: www.un.org/WCAR/durban.pdf, last accessed 13 July 2005.

68. See the reports of the Special Rapporteurs on indigenous people; on trafficking in persons, especially in women and children; on migrants; and on disability. See also the Representative of the Secretary-General on internally displaced persons; the ICESCR General Comment No. 5 on Persons with Disabilities; and CEDAW General Recommendation No. 18 on Disabled Women, among others.

69. United Nations. 2002c. Recommended Principles and Guidelines on Human Rights and Trafficking (E/2002/68/Add.1). New York: United Nations. See also the Standard Rules on the Equalization of Opportunities for Persons with Disabilities cited in: United Nations. 2003c. Specific Groups and Individuals: Other Vulnerable Groups and Individuals: Report of the High Commissioner for Human Rights on Progress in the Implementation of the Recommendations Contained in the Study on the Human Rights of Persons with Disabilities (E/CN.4/2003/88). New York: United Nations.

70. The Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities was adopted in 1999, and a draft declaration on indigenous rights is underway by the Organization of American States. The African Commission on Human and People's Rights established a working group on indigenous people. International human rights treaty bodies and special rapporteurs have issued recommendations on indigenous people's rights to food, health, housing and land, and on the rights of indigenous women and children, as well as on the equal rights of disabled persons to non-discrimination. (For the latter, see the regional forums on the rights of indigenous people cited in: United Nations 2005d, para. 579.). See also: United Nations. 2004a. Report of the Secretary-General on the Preliminary Review by the Coordinator of the International Decade of the World's Indigenous People on the Activities of the United Nations System in Relation to the Decade (E/2004/82). New York: United Nations; and United Nations 2003c.

71. United Nations 2005d, para. 579.

72. Ibid., paras. 580 and 582.

73. Ibid., para. 524.

74. UNIFEM. 2005. "Report to the Forty-fifth Session of the Consultative Committee." New York: UNIFEM; and United Nations. 2005h. United Nations Development Fund for Women: Implementing the Multi-Year Funding Framework: 2004 (DP/2005/24). New York: United Nations.

75. United Nations 2004b.

76. United Nations. n.d. "Indigenous and Tribal Peoples Convention, 1989 (No. 169): Adopted on 27 June 1989 by the General Conference of the International Labour Organisation at Its Seventy-sixth Session." Geneva: Office of the United Nations High Commissioner for Human Rights. Web site: www.ohchr.org/english/ law/indigenous.htm, accessed 5 July 2005.

77. United Nations 2004a.

78. United Nations. n.d. "International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families: Adopted by General Assembly Resolution 45/158 of 18 December 1990." New York: United Nations. Web site: www.ohchr.org/english/law/pdf/cmw.pdf, last accessed 8 July 2005.

79. United Nations. 2000. Resolution Adopted by the General Assembly: 55/2: United Nations Millennium Declaration (A/RES/55.2), para. 25. New York: United Nations.

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