Jus Humanis Journal Issue 1

Jus Humanis Journal of International Human Rights Law
GENDER
SEXUAL
ORIENTATION
AND HUMAN RIGHTS
1 ISSUE // MAY 2019
WHO WE ARE AND WHAT WE DO
JUS HUMANIS IS A POLITICALLY
INDEPENDENT ORGANISATION
AND THE OPINIONS EXPRESSED
IN THE JOURNAL BELONG TO
THE AUTHORS ONLY.
YOU CAN FIND US HERE:

WWW.JUSHUMANIS.ORG
AND VIA OUR FACEBOOK PAGE:
@JUSHUMANIS
IF YOU WANT TO BE INVOLVED,

CONTACT US VIA FACEBOOK PAGE
@JUSHUMANIS
EDITOR-IN-CHIEF: IRYNA SHARYPINA

EDITOR: CAROL SOLOMON
Cover photo: RAZ Zarate, flickr.
1
IN
THIS EDITORIAL PIECE
by Iryna Sharypina
ISSUE WOMEN’S UNPAID LABOUR AND

CARE WORK: A BARRIER TO
HUMAN RIGHTS
by Miriam Bak McKenna
INTERVIEW WITH MARTHA LYIMO,

COORDINATOR FOR ARUSHA
WOMEN LEGAL AID AND HUMAN
RIGHTS ORGANIZATION IN
TANZANIA
by Luíza Fernandes
22
UNWANTED ANYWHERE: LGBT
05
REFUGEES IN EUROPE 12
by Anastasia Khioni
SECOND-CLASS CITIZENS? THE

RIGHT TO EDUCATION DID NOT
REACH THE BRAZILIAN
TRAVESTIS
by Ivan Esteves
THE #BLACKPROTEST MOVEMENT

OR POLISH CASE OF ABORTION
LAW
by Tatsiana Rahozina
UNIVERSALITY OF LGBT+ HUMAN

RIGHTS WITH FOCUS ON RUSSIA:
CHALLENGE FOR UNIVERSAL AND
REGIONAL HUMAN RIGHTS
SYSTEMS
by Iryna Sharypina
INTERVIEW WITH MAJOR

SAMANTHA LAPLANTE FROM
THE CANADIAN ARMED FORCES
by Luíza Fernandes
2 Photo: United Nations Photo, flickr.

EDITORIAL PIECE BY
IRYNA SHARYPINA
3
Jus Humanis Journal of International Human Rights Law // May 2019
WOMEN’S UNPAID LABOUR AND CARE

WORK: A BARRIER TO HUMAN RIGHTS
Article by Miriam Bak McKenna
Globally, women perform the vast majority of household labour and unpaid care. This
imbalance has a major impact on women’s enjoyment of human rights, including their
rights to education, work, social security and participation.
Photo: CIFOR, flickr.
4
Photo: Ali Eminov, flickr.
5
.rkcilf ,otohP snoitaN detinU :otohP

"Discriminatory gender stereotypes, which
construe women as natural caregivers, also
pose a problem to redress inequalities and
discrimination within education and
women’s participation in the public sphere".
6
Miriam Bak McKenna is a Postdoctoral Fellow in International Law at the Faculty

of Law, Lund University. Her research interests encompass the history and theory
of international law, with a particular focus on the history of self-determination
and decolonisation, law and aesthetics, critical legal studies, and materialist and
feminist approaches to international law.
Miriam received her doctorate from the University of Copenhagen (2015), she also
has degrees in law from the University of Western Australia (LLB, 2009) and the
University of Copenhagen (LLM, Distinction, 2011), and a degree in art history and
English literature from the University of Western Australia (BA, 2009).
She has worked as a researcher for a number of organisations, including the

UNODC and the Law Reform Commission of Western Australia.
7
INTERVIEW WITH MARTHA LYIMO,

COORDINATOR FOR ARUSHA WOMEN LEGAL
AID AND HUMAN RIGHTS ORGANIZATION
IN TANZANIA
Interview by Luíza Fernandes
Martha Lyimo is the coordinator for AWLAHURIO and a member of the Tanzania
Women Lawyers Association and Tanganyika Law Society.
Arusha Women Legal Aid and Human Rights Organization (AWLAHURIO) is a

non-profit NGO formed by Women’s Legal Aid Centre of Dar es Salaam in 1992 as
a paralegal unit. All members and advisors are volunteers.
The vision of the organization is a just society that respects women and
children’s rights. and their mission is to promote access to justice, good
governance and lobbying, and to advocate gender responsive policies for women
and children.

You can find out more about the work of AWLAHURIO via facebook page:
https://www.facebook.com/awlahurio/
8
9 Photo: Dany Sternfeld, flickr.

.rkcilf ,dlefnretS ynaD :otohP
10
.rkcilf ,dlefnretS ynaD :otohP
11
Photo: ssilberman, flickr.
12
Luíza Fernandes is a brazilian lawyer that is currently finishing her masters

degree on International Human Rights Law at Lund University. Her main
academic interests involve the impact of different human rights protection
systems in domestic policies and cultural diversity.
13
UNWANTED ANYWHERE:
LGBT REFUGEES IN EUROPE
Article by Anastasia Khioni
Instead of being a role model in dealing with cases of LGBT+ asylum seekers and refugees,
the EU experiences hard times following the existing guidelines. The results are truly tragic:
once abandoned by their own states, persons in trouble face injustice and discrimination in
the countries they used to regard as safe havens.
Photo: Phaedrus007, flickr.
14
7 8
4 9
My name is Anastasia, and my scientific interests are far from the agenda of
the magazine: I'm fond of intellectual property, personal data protection, and
I'm writing my master thesis in Belarus on the latter topic. However, I do believe
one should not stay indifferent to questions which are inevitably changing our
society. This article is an opportunity for me to learn about one more, not that
widely discussed, sensitive issue and share what I have learnt with everyone
interested.
15
SECOND-CLASS CITIZENS? THE RIGHT TO

EDUCATION DID NOT REACH
THE BRAZILIAN TRAVESTIS
Article by Ivan Esteves
School is not a very inviting place for

travestis in Brazil. They go through all
sorts of violence in educational
institutions in the country, being that
the reason why many members of this
group do not even complete their
studies. Regardless this unfortunate
situation, Brazil does have obligations
to provide education to all under
International Law. In this sense, we
will explore here if Article 13 of the
International Covenant on Economic,
Social and Cultural Rights (“ICESCR”)
is being applied to the Brazilian
travestis and, if not, what could be
proposed to make it effective.
.rkcilf ,ikasaS oravlA :otohP
The term "travesti" will not be translated to

transvestite here. As clarified by the
transfeminist activist Maria Clara Araújo, the
word "travesti" represents a Brazilian identity
that carries particular specificities. In this sense,
if we translate the term, we will lose all the
historicity that is intrinsically linked to it.
16
Photo: Alvaro Sasaki, flickr.
17
Photo: Alvaro Sasaki, flickr.
"Educational institutions and

programs need to be
accessible to everyone,
without any discrimination".
18
Photo: Etienne Valois, flickr.
19
Ivan Esteves is a Brazilian lawyer and LGBTQI activist currently attending

the International Human Rights Law Master’s program at Lund University,
Sweden. His main interests include the development of research related to
social and legal studies, sexual minorities, Latin America, decolonial theories
and philosophy.
20
THE #BLACKPROTEST MOVEMENT OR

POLISH CASE OF ABORTION LAW
Article by Tatsiana Rahozina
In this article I am going to narrate the story of Polish abortion law and civic movement
of people who disagree with the actions of Polish government backed by Polish Catholic
church. Hope you will draw valuable insights from this read.
Photo: Grzegorz Żukowski, flickr.
21
Photo: Grzegorz Żukowski, flickr.
22
Photo: Becker1999, flickr.
23
Hey! My name is Tanya. I come from the field of International Relations, I am a

genuinely curious person, but if I have to name three biggest passions of mine
I would definitely mention equality, UN and Instagram (just kidding, or am I?).
24
UNIVERSALITY OF LGBT+ HUMAN RIGHTS

WITH FOCUS ON RUSSIA: CHALLENGE FOR
UNIVERSAL AND REGIONAL HUMAN
RIGHTS SYSTEMS
Article by Iryna Sharypina
Over the past three decades, universal human rights related to sexual orientation and
gender identity emerged, they are in the process of development so far. Though on 1
universal and regional levels it has been stated that LGBT+ human rights are universal,
actions, legislation by some states undermine universality of LGBT+ human rights. In
this article I will discuss challenge for universal and European regional human rights
systems in maintenance of universality of LGBT+ human rights with focus on Russia and
the case Bayev and Others v. Russia in European Court of Human Rights 1 (ECtHR).
25
1
.rkcilf ,JD EYE :otohP
26
Photo: torbakhopper, flickr.
27
Iryna Sharypina is a Belarusian lawyer and human rights activist currently

attending the International Human Rights Law Master’s program at Lund
University, Sweden. Her main interests include international public law, state
responsibility for human rights violations, women's rights, discrimination and
cultural diversity. She is interested in intersectional feminist and postcolonial
approaches to international law.
28
INTERVIEW WITH MAJOR SAMANTHA

LAPLANTE FROM THE CANADIAN ARMED
FORCES
Interview by Luíza Fernandes
Major Samantha Laplante is a member of 5 Combat Engineer Regiment

from Canadian Forces Base Valcartier.
A military professional experienced in operating with and leading

soldiers in dynamic conflict and non-conflict environments. She has
served in the Canadian Armed Forces more than 14 years.
29
Photo: Doug Zwick, flickr.
30
31
32
33
Photo: 4 Cdn Div / 4 Div CA - JTFC/FOIC, flickr.
34
Luíza Fernandes is a brazilian lawyer that is currently finishing her masters

degree on International Human Rights Law at Lund University. Her main
academic interests involve the impact of different human rights protection
systems in domestic policies and cultural diversity.
35
JUS HUMANIS
JOURNAL OF
INTERNATIONAL
HUMAN RIGHTS LAW
1 ISSUE // MAY 2019

Jus Humanis Journal Issue 1

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Jus Humanis Journal of International Human Rights Law

YOU CAN FIND US HERE:

IF YOU WANT TO BE INVOLVED,

EDITOR-IN-CHIEF: IRYNA SHARYPINA

Cover photo: RAZ Zarate, flickr.

ISSUE WOMEN’S UNPAID LABOUR AND

INTERVIEW WITH MARTHA LYIMO,

SECOND-CLASS CITIZENS? THE

THE #BLACKPROTEST MOVEMENT

UNIVERSALITY OF LGBT+ HUMAN

INTERVIEW WITH MAJOR

2 Photo: United Nations Photo, flickr.

WOMEN’S UNPAID LABOUR AND CARE

Photo: CIFOR, flickr.

Photo: Ali Eminov, flickr.

.rkcilf ,otohP snoitaN detinU :otohP

Miriam Bak McKenna is a Postdoctoral Fellow in International Law at the Faculty

She has worked as a researcher for a number of organisations, including the

INTERVIEW WITH MARTHA LYIMO,

Arusha Women Legal Aid and Human Rights Organization (AWLAHURIO) is a

9 Photo: Dany Sternfeld, flickr.

.rkcilf ,dlefnretS ynaD :otohP

.rkcilf ,dlefnretS ynaD :otohP

Photo: ssilberman, flickr.

Luíza Fernandes is a brazilian lawyer that is currently finishing her masters

Photo: Phaedrus007, flickr.

SECOND-CLASS CITIZENS? THE RIGHT TO

School is not a very inviting place for

The term "travesti" will not be translated to

Photo: Alvaro Sasaki, flickr.

Photo: Alvaro Sasaki, flickr.

"Educational institutions and

Photo: Etienne Valois, flickr.

Ivan Esteves is a Brazilian lawyer and LGBTQI activist currently attending

THE #BLACKPROTEST MOVEMENT OR

Photo: Grzegorz Żukowski, flickr.

Photo: Grzegorz Żukowski, flickr.

Photo: Becker1999, flickr.

Hey! My name is Tanya. I come from the field of International Relations, I am a

UNIVERSALITY OF LGBT+ HUMAN RIGHTS

Photo: torbakhopper, flickr.

Iryna Sharypina is a Belarusian lawyer and human rights activist currently

INTERVIEW WITH MAJOR SAMANTHA

Interview by Luíza Fernandes

Major Samantha Laplante is a member of 5 Combat Engineer Regiment

A military professional experienced in operating with and leading

Photo: Doug Zwick, flickr.

Photo: 4 Cdn Div / 4 Div CA - JTFC/FOIC, flickr.

Luíza Fernandes is a brazilian lawyer that is currently finishing her masters

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