International Law and Regimes: Global Fund for Women (Research Paper Sample)
You are an employee of an NGO interested in encouraging state compliance with international
norms. Your supervisor has asked you to produce a white paper in which you discuss at least
three strategies that IGOs, states and/or other NGOs use for enforcement of international law.
Your overall focus should be on the information you have learned and how your NGO should
act on that information.
The text of the report should be no fewer than 4 pages double-spaced, 12 font.
You should apply information that you have obtained from class readings and external
resources (week forums we have been doing). You should have at least 6 credible references.
This paper primarily draws on the role of Global Fund for Women to human rights and gender inequality in relation to international law. The main issue being addressed is state compliance with international norms and the strategies Global Fund for Women uses in enforcement of international law. Status. The research method used is the doctrinal method and the treaty laws, general core legal principles certified by civilized nations and literature reviews. The three main strategies Global Fund for Women uses to enforce law include; legal personality, competition and consultation. Based on the study, I recommend improvement of the legal status of Global Fund for Women via the enhancement of consultative status, recognition of Global Fund for Women during creation of customary law, Global Fund for Women participation during international judicial proceeding as amici curiae and inferences from Global Fund for Women legal.
The Global Fund for Women, is a non-profit-making foundation, founded in 1987 with the aim of funding human rights for women initiative. Its headquarters are based in San Francisco, California, United States (Porter, 2016). The main challenges facing Global Fund for Women include; violation of women rights, gender- based injustices and the transformation of power and privileges for all (Chisamya, & et al., 2012). The aim of Non-governmental organization (NGO), is to act as watch dogs to international norms via ensuring and encouraging state compliance. The research method used is the doctrinal method and the treaty laws, general core legal principles certified by civilized nations and literature reviews.
The key issues facing Global Fund for Women include; violation of women rights that specifically occurs through sexual harassment, gender-based violence, state-sanctioned violence faced by women during repressive governments and threats from transborder attacks and intimate- partner violence. Second, is the issue of economic injustice that includes; unjust economic policies, war and instability, pervasive gender inequality and discrimination. Third, is on vulnerability that is, the vulnerability of refugee women and the continuous attacks on women’s reproductive rights and health. The last challenge is on persuasion of women for leadership roles and campaigns for the increment of the reduced resource allocation to gender equality that comes about due to austerity measures and barriers (Zwingel, 2019).
Gender inequality and violation of women rights are as result of a number of factors such as uneven access to basic education, where all over the world 2/3 of the illiterate population are women. Second, lack of employment equality and job segregation which is evident since across the world only 6 countries that is Belgium, Denmark, France, Latvia, Luxembourg and Sweden that offer same legal work rights for women and men (Jayachandran, 2020). Based on a research by World Bank, lack of legal protections results into gender inequality since over one billion women lack legal protection against sexual harassment and violence (Klees & et al., 2012). In addition, according to World Health Organization (WHO) (2018), women lack bodily autonomy since have no freedom and lack authority over their own bodies. A study conducted by World Economic Forum and Georgetown University showed that lack of religious freedom has also participated in women suffering (Schwab, 2018). Consequently, lack of women political representation where women are underrepresented in the government and in political operations results in gender inequality since if there were women in leadership solutions to gender inequality would be implemented (Paxton & et al., 2020). A study conducted by Sally Kitch showed that racism negatively impacted on gender equality since women of color faced more inequalities than the white women and lastly, societal mindset, gender norms and beliefs that have accredited men more than women, hence, promoting male dominance (Millar, 2020).
Based on gender inequality literature review, gender inequality greatly affects women, girls and the transgender society. If the issue of gender inequality is left unchallenged it would lead to subornation of women, which would result into the use of only 50% capacity of development since women’s talent and abilities would not be accredited for economy growth. Thus, poverty levels and the vulnerable population would increase (Antonucci & et al., 2019. In addition, there is a correlation between gender and the environment, meaning with higher levels of gender inequality, the higher the levels of forest depletion and air pollution (Heise & et al., 2019). Gender inequality also affects nations microeconomic and microeconomic levels, since inequality results into increase in health issues and economic instability respectively (Bertay & et al., 2020). Therefore, women rights are global norms that ought to be under state compliance.
Approaches, challenges and solutions
Global Fund for Women, plays an important role as an international political actor and an organization focused on the creation, implementation and enforcement of international law (Erten & Çağatay, 2017). For proper understanding of the different approaches used by Global Fund for Women to cope with challenges, feasible solutions and contrasting arguments will be outlined.
Global Fund for Women Legal Personality
Legal personality offers rights and immunity to Global Fund for Women during courts proceedings (Johns, 2017). However, states fail to grant international recognition to Global Fund for Women, since it may result into the reduction of governmental control for states procedures (Klugman, 2017). The solve the problem, the legal capacity of NGOs under Article 71 of the United Nations should be regarded as consultation partner and consultative opportunities should be granted by ECOSOC.
Global Fund for Women as competitors
Non-governmental Organizations are independent, hence, lack of responsibility to handle national or governmental activities. This is an advantage and a disadvantage since, the NGOs can easily point out activities the state fails to address and the NGOs point of view in governmental organizations is normally disregarded respectively. Hence, when Global Fund for Women acts as a state’s competitor, new norms that benefit the public opinion will be developed, therefore, resulting in the development of international social interests. Thus, the decision-making process would undergo the inclusive and open processes and overcome attenuated democratic legitimacy evident on international governance (Konasinghe, 2020).
Global Fund for Women as Consultation partners
The absence of international NGOs law, leads to state incompliance with international law. Hence, legal effects ought to be enforced by engaging Global Fund for Women in creation of international law via consultation since they voice the public opinion.
NGOs promise to voice, offer knowledge and social interactions to the people with the use of democratic legitimacy, however, NGOs are also political actors which makes them incomplete for the representation of the people and enactment of state compliance to international laws. Second, the ambiguity of democratic legitimacy since democracy is not systematic. The last argument against Global Fund for Women is the lack of internal legitimacy which results into lack of accountability and representation of the organization. Since according to ECOSOC, NGOs should be democratic, but they are not, hence, not fit for creation of international law (Konasinghe, 2020).
Globalization, economic and climate changes are rapidly evolving, hence, Global Fund for Women should keep up with the changes for proper enforcement of international laws and norms. Hence, I would recommend for improvement of Global Fund for Women legal status, within the international organizations through the enhancement of consultative status, recognition of Global Fund for Women during creation of customary law and Global Fund for Women participation during international judicial proceeding as amici curiae and inferences from Global Fund for Women legal status. Global Fund for Women consultative status of can be enhanced via recognition under United Nations Economic and Social Council (ECOSOC) this would also comply with Article 71 of the United Nations Charter that states that interest groups such as Global Fund for Women should enact formal relationships with intergovernmental bodies such as ECOSOC (Mowell, 2020).
Second, is on the recognition of N Global Fund for Women as customary law creators. Currently, NGOs have not be recognized in the formalization of treaties but being interest groups that focus on ensuring states compliance with international law, NGOs should be formally constituted during creation of international law. The third recommendation is on Global Fund for Women actions as Amici Curiae in Judicial Proceeding relating to international law. Amici Curiae which also refers to the friend of the court should aid in the improvement of Global Fund for Women legal status such as presence in International Court of Justice. This would aid Global Fund for Women in easier participation for campaigns for international norms implementation. Lastly, I would recommend for inferences from Global Fund for Women legal status to ensure that representation of the public opinion on the global issues and improvement of decision-making process.
In a nutshell, Global Funding for Women i
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