The constitution of the subject of law \'woman\' in the International Law of Human Rights

Author(s)

Maíra Cardoso Zapater

• Document type: Doctoral Thesis
• Press: São Paulo.
• Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
• Defense date: 2017-03-22

Examining board members

Guilherme Assis de Almeida; Heloisa Buarque de Almeida; Ingrid Cyfer; Claudia Perrone Moises

• Advisor: Guilherme Assis de Almeida

Abstract

This work aims to investigate the constitution of the subject of law woman in the International Law of Human Rights, following this central query: Why, even after so many decades, claims and actions of the feminist movements, which result in the creation of national and international institutions, there are persistent assimetries between genders in an array of social spheres? The research was carried out by the examination of the genesis of International Law of Human Righs institutions and rules. The thesis critically analises the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and presents a quantitative charting of the reserves to the Article 2 - which stablishes the purposes of The Convention on the Elimination of All Forms of Discrimination against Women and shouldn\'t be subject of reserves, although it has happened -, and to the article 16, which addresses the equality between women and men in marriage and it is the article subject to most reserves. The empirical study of the documental sources was theoretically grounded in the field of the Philosophy of Law, articulating the reflections of Axel Honneth, Michel Foucault and Judith Butler. The focus of the debate is the role of the Law as a social transformative agent: what is its potencial and what are its limits? The final consideration shows the arguments that explains the gaps in the process of the constitution of the subject of law woman in the International Law of Human Rights, and presents some propositions to the emancipation of this subject in other fields beyond the juridical. (AU)

• FAPESP's process: 13/22994-8 - Equal rights, unequal lives the belonging to the female gender and the matter of the exercise of rights
• Grantee: Maíra Cardoso Zapater
• Support Opportunities: Scholarships in Brazil - Doctorate (Direct)