Gender apartheid: unraveling systemic segregation and its socio-legal implications. From societal constructs to jus cogens: analyzing Iranian women’s right movement fight against gender-based inequality and crime against humanity

Abstract

This thesis explores the intersection of gender and apartheid, with a focus on the historical and contemporary struggles of Iranian women against gender apartheid. First it establishes foundational concepts, differentiating between sex and gender and defining apartheid and gender apartheid. Then delves into the historical background of Iranian women's resistance against gender apartheid, beginning in the early 20th century. It chronicles their advocacy for rights, establishment of the first girls' school, formation of political parties, and publication of women's magazines. It also examines the Pahlavi era's reforms, including the controversial forced unveiling (Kashf e Hijab) and subsequent legal advancements. And then the Islamic Revolution, highlighting the regression in women's rights under Khomeini’s regime and the exacerbation of anti-women laws during the Iran-Iraq war. 80s were when changes started happening in Iran law and international law, contrasts the constitutional law of the Islamic Republic of Iran with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), discussing the regime's rejection of CEDAW and its implications for women's rights. One side Iran’s law and women’s right movement, in another side of spectrum is international human rights introduces the concepts of jus cogens and erga omnes obligations, exploring their definitions, formation, and instances. It analyzes the overlap between these norms and obligations, the violation of international regulations, and the universal jurisdiction of the International Criminal Court. Also presents a feminist critique of the gender bias in human rights law and rethinks jus cogens from a feminist perspective. Traces of 25 years of women's rights activism post-revolution, It covers the reformist era, collaborations between secular and government-aligned feminists, and significant milestones such as the first Iranian woman winning the Nobel Peace Prize. Despite state repression, including the closure of NGOs and persecution of activists, the women's rights movement persisted through campaigns and advocacy. Highlight key moments of feminist resilience and empowerment, culminating in collective protests and demands for legal changes. At the end proposes strategies to elevate women's rights as human rights, advocating for the recognition of gender apartheid as a crime against humanity and outlining the steps for future activism through the "End Gender Apartheid" campaign. This thesis underscores the resilience and determination of Iranian women in their ongoing fight for equality and human rights.