Human rights and the status of women in Papua New Guinea: theory versus reality

Talao, Freda Kanek (2013). Human rights and the status of women in Papua New Guinea: theory versus reality MPhil Thesis, School of Law, The University of Queensland. doi:10.14264/uql.2014.225

       
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Author Talao, Freda Kanek
Thesis Title Human rights and the status of women in Papua New Guinea: theory versus reality
School, Centre or Institute School of Law
Institution The University of Queensland
DOI 10.14264/uql.2014.225
Publication date 2013
Thesis type MPhil Thesis
Supervisor Jennifer Corrin
Anthony Cassimatis
Total pages 157
Language eng
Subjects 18 Law and Legal Studies
180108 Constitutional Law
180114 Human Rights Law
180116 International Law (excl. International Trade Law)
180119 Law and Society
1899 Other Law and Legal Studies
Formatted abstract
Many modern democracies are committed to promoting the equality of men and women. Gender equality requires governments to address both equality of opportunities and sex-based differences. Upon independence from its colonial master, Australia, in 1975, Papua New Guinea adopted principles of equality and non-discrimination in its new independence Constitution, including freedom from discrimination based on gender. Unfortunately, this enthusiasm conflicts head on with the customary legal system, which colonialism failed to eliminate.

This research reviewed the explicit and implicit application of women’s human rights law both as it exists on the face of the formal documents, including the Constitution and the relevant international human rights instruments PNG has ratified, and in the way in which they are interpreted and executed in PNG. The research explored the difficulty of translating women’s human rights into reality in an environment underpinned by patriarchy and where culture and traditions are more respected than the formal law. It also considered whether the position of women in PNG accords with best international ideals and whether Papua New Guinea’s legal framework and its enforcement meets these ideals. Additionally, this research analysed the impact of custom and legal pluralism on the rights of women and investigated how both custom and the formal laws can work together to enable women to enjoy the best of each.
Keyword Custom
Gender
Human rights
Legal pluralism
Women’s rights
International conventions
Underlying law

 
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Created: Mon, 21 Jul 2014, 15:53:27 EST by Freda Talao on behalf of Scholarly Communication and Digitisation Service