Women’s rights under universal protection and international human rights treaties: dialogues between global and local

Abstract

The main international human rights documents establish gender equality as a right to be enforced. Nevertheless, this equality has remained purely formal. The task of transforming it into real equality has been arduous, especially because the historical construction of human rights has always occurred with the exclusion of women and the reinforcement of patriarchal ideologies. This study aims to discuss the main international treaty related to women’s protection, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and to analyze how Brazilian legal system incorporates this treaty, which influences our domestic legal order, adopting as a research technique the bibliographic review, managed from the deductive method of approach. This, in order to analyze how the treaties are received and how these international norms influence or can influence the conformation of the Brazilian legal system. The present study is based on the hypothesis that the adequate confrontation of the circumstances that lead to the situation of vulnerability of women, linked to the fight against gender inequality, is essential for the fight against discrimination against women, and consequent protection of human rights, which is why is the subject of concern of several international bodies.