Table of Contents

Introduction Chapter 1 Introduction 1.1 from women's rights in the books to women's rights as lived realities 1.2 Article 5(a) CEDAW on paper: a conceptual tool kit 1.3 Article 5(a) in practice: implementation and realisation 1.4 An empirical approach to putting Article 5(a) CEDAW into practice 1.5 A contextualized, case study research: Jamaica 1.6 Personal motivation: "No woman, no cry!" 1.7 Structure of the book CONCEPTUAL FRAMEWORK Chapter 2 Rights and obligations under Article 5(a) CEDAW 2.1 Introduction 2.2 Social and cultural transformation within the non-discrimination and equality objectives of CEDAW - obligations and rights 2.3 Article 5(a) CEDAW - content, meaning and scope 2.3.1 Interpretation of Article 5(a) CEDAW 2.3.2 The discriminatory nature of sex roles and gender stereotyping: both forms and root causes of discrimination 2.3.3 Rights under Article 5(a) CEDAW 2.3.4 obligations to bring about social and cultural transformation: challenging the gender hegemony 2.4 The interface between Article 5(a) and gender-based violence against women 2.4.1 Gender-based violence against women: a form of discrimination under CEDAW 2.4.2 Addressing gender-based violence against women: rights under Article 5(a) 2.5 obligations under Article 5(a) in relation to gender-based violence against women 2.5.1 Naming the harm embodied by sex roles and gender stereotyping 2.5.2 "All appropriate measures" under Article 5(a) to eliminate gender-based violence against women 2.6 Conclusion Chapter 3 Putting Article 5(a) Into Practice Within National Settings: From Implementation to Realisation - Theoretical Paradigms 3.1 Introduction 3.2 National implementation of Article 5(a) - the international human rights law paradigm 3.2.1 International human rights law: obligation of States parties to implement international human rights treaties - "pacta sunt servanda" 3.2.2 Implementation of Article 5(a) "from above": the State as the main implementation actor 3.3 National implementation of Article 5(a) - a socio-legal paradigm 3.3.1 The idea of human rights in practice: the socio-legal perspective 3.3.2 Putting Article 5(a) into practice: vernacularising women's human rights 3.3.3 Putting Article 5(a) into practice "from the middle": civil society organizations as vernacularising actors 3.3.4 Putting Article 5(a) into practice "from below": rights holders as a useful category of study 3.4 Putting Article 5(a) into practice - a three-tiered paradigm 3.4.1 A three-tiered paradigm for an effective implementation of international human rights norms: the UN Special Rapporteur on violence against women, its causes and consequences 3.4.2 The three-tiered research approach in this book: putting Article 5(a) into practice "from above", "from the middle" and "from below" 3.5 Conclusion THE CONTEXT Chapter 4 Gender Constructions and Gender-Based Violence Against Women in Jamaica: Legacies of the Past, Issues of the Present 4.1 Introduction 4.2. Locating Jamaica in history: milestones 4.3 Locating Jamaica within a violent Caribbean region 4.4 Locating gender constructions and gender-based violence against women in Jamaican history - legacies of the past 4.4.1 Slavery: 1655-1838 4.4.2 Emancipation from slavery and the post-Emancipation period: 1838-1962 4.5 Locating gender constructions and violence against women in contemporary Jamaica - issues of the present 4.5.1 Depictions of gender constructions in the post-Independence period: 1962-the present 4.5.2 Gender-based violence against women in contemporary Jamaica 4.6 Conclusion: an overview of the Caribbean framework for the elimination of gender-based violence and the promotion of equality Methodology Chapter 5 Unveiling the Research - methodology 5.1 Introduction 5.2 Qualitative approach to a legal issue: crossing disciplinary boundaries 5.3 A case study research 5.4 field research protocol 5.5 Research methods and data sources 5.5.1 Interview data 5.5.2 focus group discussions (fgds) data 5.5.3 observations data 5.5.4 Questionnaire data 5.6 Field research logistics: doing field research 5.7 Data management 5.7.1 Transcriptions and coding 5.7.2 field notes 5.7.3 Secondary data 5.7.4 Visual and audio data 5.7.5 Presentation of data 5.8 Conclusion: limitations of the study The Empirical Study Chapter 6 The Duty Bearers under ARTICLE 5(A) CEDAW - Government Action and Measures 6.1 Introduction 6.2 Consciousness and understanding of the necessity for social and cultural transformation in Jamaica - a governmental account 6.2.1 Consciousness and understanding of the social and cultural construction and reproduction of gender relations: sex roles along dichotomous gender identities 6.2.2 Consciousness and understanding of the social and cultural reproduction of violence against women: the brand of Jamaican masculinity within asymmetric gender relations 6.2.3 Consciousness and understanding of the necessity of social and cultural transformation 6.2.4 Consciousness and understanding of Article 5(a) provisions of social and cultural transformation 6.3 Action and measures undertaken from above 6.3.1 Legal measures 6.3.2 Protection measures: judicial measures, remedies and support services 6.3.3 Preventive measures - policy and programmes 6.4 Factors influencing action from above and gaps in the action taken 6.5 Voices from above: conclusions and recommendations 6.5.1 Summary of findings 6.5.2 Government actors' recommendations Chapter 7 Vernacularisation of CEDAW: Civil Society Action and Strategies 7.1 Introduction 7.2 Consciousness and understanding of the necessity for social and cultural transformation in Jamaica - a civil society account 7.2.1 Consciousness and understanding of the social and cultural construction and reproduction of gender relations 188 7.2.2 Consciousness and understanding of the social and cultural reproduction of violence against women: "woman haffi know dem place" 7.2.3 Consciousness and understanding of the necessity of social and cultural transformation 7.2.4 Consciousness and understanding of Article 5(a) provisions of social and cultural transformation 7.3 Action and strategies undertaken from the middle 7.3.1 Vernacularisation: translating women's human rights in the Jamaican vernacular 7.3.2 Action from the middle and the actors involved 7.3.3 Positioning CEDAW in action and initiatives undertaken from the middle 7.4 Factors influencing action from the middle and gaps in the action taken 7.5 Voices from the middle: conclusions and recommendations 7.5.1 Summary of findings 7.5.2 Civil society actors' recommendations Chapter 8 Rights Holders: Beneficiaries and Actors of Vernacularisation 8.1 Introduction 8.2 Perceptions and understandings of the necessity for social and cultural transformation in Jamaica - rights holders' accounts 8.2.1 Understandings of the social and cultural construction and reproduction of gender relations 8.2.2 Understandings of the social and cultural reproduction of violence against women 8.2.3 Understandings of the necessity for social and cultural transformation 8.3 Perceptions of the national actions in response to gender-based violence against women 8.3.1 A context of mistrust and dissatisfaction 8.3.2 Perceptions of the legal measures in place: legal consciousness 8.3.3 Perceptions of the judicial measures in place: legal consciousness 8.3.4 Perceptions of the preventive measures undertaken 8.4 Perceptions of translating women's human rights in the Jamaican vernacular: vernacularisation strategies 8.4.1 Women rights holders as beneficiaries of vernacularisation: consciousness of women's rights 8.4.2 Women rights holders as vernacularisers: putting women's human rights into practice from below 8.5 Factors influencing the vernacularisation process 8.6 Voices from below: conclusions and recommendations 8.6.1 Summary of findings 8.6.2 Rights holders' recommendations CONCLUSION Chapter 9 Women's Right to be Free from Gender-Based Violence under Article 5(a) CEDAW 9.1 from women's rights in the books to women's rights as lived realities - bridging the gap 9.2 Lessons from Jamaica 9.2.1 Actions for social and cultural transformation 9.2.2 Actors, strategies and interactions for social and cultural transformation 9.2.3 Consciousness of Article 5(a) ideas, rights and obligations 9.3 The synergistic model for putting Article 5(a) into practice: actors, actions and interactions from above, from the middle and from below 9.3.1 Consciousness - a key dimension underlying the synergistic model 9.3.2 The application of the synergistic model to other contexts 9.3.3 The application of the synergistic model to other articles in CEDAW 9.4 Concluding remarks Samenvatting Summary Appendix 1 Appendix 2 Appendix 3 Bibliography Curriculum Vitae