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Volume 43, Issue 2

Defenders Aplenty: Access to Justice for Women Human Rights Defenders

Women human rights defenders are individuals who identify as women who defend everyone’s human rights, as well as persons of any gender who defend women’s rights. Women’s rights commonly involve reproductive rights, sexual and domestic violence, and employment discrimination, but intersect with all areas of the law, including immigration, child custody, criminal justice, health care, and international law. Because of their gender and the long-held gender stereotypes dictating women’s societal roles and expectations, women human rights defenders face unique risks, including gender-based violence. Both State and non-State actors perpetrate this aggression. This Note will explore the situation of women human rights defenders in Mexico and the United States and will demonstrate that violations against those who defend civil and human rights occur in all types of countries. Part II will provide background on international law protecting women human rights defenders. Part III will paint a picture of the challenges faced by women who defend human rights in Mexico and then will examine some of the legal structures in Mexico that increase defenders’ access to justice, analyzing their effectiveness. Part IV will explain the challenges faced by those defending women’s rights in the United States and provide examples of some avenues toward equal justice. Part V will make recommendations on how to increase access to justice in each State. Part VI will make general recommendations to aid women human rights defenders around the globe and Part VII will conclude.

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Recommended Citation: Morganne Barrett, Defenders Aplenty: Access to Justice for Women Human Rights Defenders, 43 Fordham Int'l L.J. 457 (2019).