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Shahani, Oral History, 12-14.
When asked to identify outstanding women from this period, Shahani named Annie Jiagge among others, noting that the Soviet women were also exceptional but that their governments never stood behind them—their legal rights were never realized, nor would the USSR ever spend money to support ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
30 Roland Burke, “Confronting ‘Indivisibility’ in the History of Economic and Social Rights: From Parity to Priority and Back Again,” review of Indivisible Human Rights by Daniel Whelan, Human Rights & Human Welfare, 12, 2012, 61. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
31 UN and the Advancement of Women, “Resolution IX adopted by the International Conference on the Human Rights in Tehran on measures to promote women’s rights in the world and endorsing the Secretary-General’s proposal for a unified long-term United Nations programme for the advancement of women,” May 12, 1968, 117, an... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
32 A formal letter dated January 27, 1969 from Philippine Ambassador Privado Jimenez announcing Shahani’s appointment is one of the few references I was able to find to her in the UN CSW archives in New York.
33 Biographical details are from Shahani, Oral History, 1–2; Elena Masilungan, “Leticia Ramos-Shahani, Diploma... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Olivia H. Tripon (Manila: National Commission on the Role of Filipino Women, 2007), 17–35; “Leticia Ramos-Shahani, “Be Strong Because You Are A Woman!” interview by Melvin C, Almonguera, in Frontlines of Diplomacy: Conversations with Phillipine Ambassadors, ed.
J. Eduardo Malaya, (Manila, Anvil Publishing, 2011),197–1... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Also see Michael Bueza, “Leticia Ramos Shahani, 1929–2017, The woman who com- peted with the best,” https://www.rappler.com/nation/164671-letitia-ramos-shahani- obituary.
A short biography of Fidel (Eddie) Ramos is at www.Britannica.com/print/ article/490745.
34 A bibliography and some biographical detail for Ranjee ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Also see Lila’s eulogy of her mother at https://www.rappler.com/thought-leaders/165203-life- shahani-eulogy-leticia-ramos-shahani.
36 Author’s interview with Lila Shahani in New York City, February 16, 2020.
37 Shahani Oral History, 12.
38 Shahani Oral History, 5–7.
39 Author’s interview by phone with Mina Falcon i... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Freeman and Chinken, “Introduction,” in The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary, 2–3, 8–9.
40 Author’s interview by phone with Mina Falcon in Calgary, Canada, October 12, 2020.
Also see Minerva Jean Abuyuan Falcon, interview with Nomer Blevins, in Frontlines of ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
41 Author’s interview with Falcon.
42 Shahani in Shaping the Global Women’s Agenda, 25–26; Shahani in Developing Power, 31–32.
43 Jocelyn Olcott, International Women’s Year: The Greatest Consciousness-Raising Event in History, (2017), New York: Oxford University Press.
44 Jocelyn Olcott, International Women’s Year: ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Also see Ellen Chesler, “The Year of the Woman Again,” review of Olcott, The Women’s Review of Books 35, no 5, September-October, 2018.
And for a competing view, see Roland Burke, “Competing for the Last Utopia?
The NIEO, Human Rights, and the World Conference for the International Women’s Year, Mexico City, June 197... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
45 UN and the Advancement of Women, “General Assembly resolution calling on State Parties to ratify international conventions and other instruments concerning the pro- tection of women’s rights…and requesting the CSW to complete the draft convention on the elimination of discrimination against women.” 217.
46 Rehof, ‘... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
47 Rehof, Guide to The Travaux Preparatoires, 15.
48 The UN and the Advancement of Women, “Convention on the Elimination of all Forms of Discriminatiion against Women, adopted by the General Assembly on 18 December 1979”, 244.
Rehof, Guide to The Travaux Preparatoires, 66–69.
Freeman and Chinken, “Introduction,” in ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
49 Rehof, Guide to The Travaux Preparatoires, found the most records and provides its most extensive documentation of treaty deliberations on Article 16, owing no doubt to it’s the controversial ground it covers, 168–186.
Freeman and Chinken, “Introduction,” in The UN Convention on the Elimination of All Forms of Disc... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
His discussion of Articles 17–21 on implementation is extensive, 187–223.
Perhaps not surprisingly, USSR delegates wanted no committee.
Also see, Arvonne S. Fraser, “Making History Word for Word,” Journal of Women’s History, 24, no 4, 193–200.
Koryn Horbel’s interest in strong monitoring was first expressed in a sta... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Horbel’s papers are collected at the Minnesota Historical Society in Minneapolis but not available online.
Iran’s con- cerns are notable, as this was, of course, a final intervention for representatives of the Pahlavis.
Who wrote CEDAW?
123 51 Kathleen M, Sullivan, “Constitutionalizing Women’s Equality” California L... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
At: http://www.jstor.
org/stable/3481236.
53 Devaki Jain, Women, Development, and the UN: A Sixty-Year Quest for Equality and Justice, Indiana University Press, Bloomington and Indianapolis, 2005, 33.
54 Shahani in Shaping the Global Women’s Agenda, 27–29.
Shahani’s appointment was treated as a big deal at the UN. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
See “LETICIA R. SHAHANI APPOINTED ASSISTANT SECRETARY GENERAL FOR SOCIAL DEVELOPMENT AND HUMANITARIAN AFFAIRS,” UN Press Release, Department of Public Information, UN, New York; Kurt Waldheim to Shahani, January 16, 1981; Ambassador Alejandro D. Yango to Kurt Waldheim, transmitting the appreciation of Carlos P. Romulo,... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Shahani’s name was raised as a qualified woman to become Secretary General when Kofi Annan got the job in 1996.
See Roberto Ordonez, “Etcetera, Etcetera: ‘Miss UN’ Shahani a good bet for Sec-Gen at https: //search-proquest-com/docview/367855301?
Also see Steven Erlanger, “Manila Journal: From a Life of Privilege, a W... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
56 Annie Jiagge quoted in Jain, Women, Development, and the UN, 68.
Bibliography Almonguera, Melvin.
“Be Strong Because You are a Woman.” In Frontlines of Diplomacy: Conversations with Philipine Ambassadors, edited by J. Eduardo Malaya.
Manila: Anvil Publishing, 2011.
Atobrah, Deborah, and Albert K. Awedoba. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Atobrah, Deborah, and Albert K. Awedoba.
“A Trail-Blazer, An Outstanding International Jurist, A Humanitarian, An Ecumenical Christain and More: The Life of Justice Annie Jiagge (Nee Baeta).” In Building the New Nation: Seven Notable Ghanians, edited by Mercy Akrofie Ansah and Esi Sutherland-Addy.
Accra: Institute of... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Burke, Roland.
“Competing for the Last Utopia?
The NIEO, Human Rights, and the World Conference for the International Women’s Year, Mexico City, June 1975.” Humanity 26 (2015): 47–61.
Burke, Roland.
“‘Confronting “Indivisibility” in the History of Economic and Social Rights: From Parity to Priority and Back Again’,... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Chesler, Ellen.
“‘The Year of the Woman Again’, Review of Olcott.” The Women’s Review of Books 35, no.
5 (2018): 25–27.
Fraser, Arvonne S. “Making History Word for Word.” Journal of Women’s History 24, no.
4 (2012): 193–200.
Fraser, Arvonne S. “The Convention to Eliminate All Forms of Discrimination Against Women ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Westport; Conneticut: Greenwood Press, 1995.
Freeman, Marsha A., Christine Chinkin, and Beate Rudolf, eds.
The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary.
Oxford, UK: Oxford University Press, 2012.
124 Ellen Chesler Halperin, Edith, and Abe Halperin.
“It’s Wonderful... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Bloomington: Indiana University Press, 2005.
Jiagge, Annie R. “Exploitation of Women in Third World Perspective.” The Ecumenical Review Fall (1976).
Kwakyewaa Opong, Adwoa.
“Rewriting Women into Ghanaian History, 1950-63.” Master’s Thesis, University of Ghana, 2012.
Masilungan, Elena.
“Leticia Ramos-Shahani, Diplo... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Manila: Anvil Publishing, 2007.
Olcott, Jocelyn.
International Women’s Year: The Greatest Consciousness-Raising Event in History.
New York: Oxford University Press, 2017.
Rehof, Lars Adam.
Guide to The Travaux Preparatoires of The United Nations Convention on the Elimination of All Forms of Discrimination Against ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
New York: Oxford University Press, 2017.
Sackeyfio-Lenoch, Naaborko.
“Women’s International Alliances in an Emergent Ghana.” Journal of West African History 4, no.
1 (2018): 27–56.
Schöpp-Schilling, Hanna Beate, ed.
The Circle of Empowerment: Twenty-Five Years of the UN Committee on the Elimination of Discriminati... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Shahani, Leticia.
“The UN, Women, and Development: The World Conferences on Women.” In Developing Power: How Women Transformed International Development.
New York: The Feminist Press, 2004.
Snyder, Margaret, and Mary Tadesse.
African Women and Development.
London: Zed Books, 1995.
Sullivan, Kathleen M. “Constitut... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
New York: UN Sales Publication, 1996.
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“The UN and the Global South, 1945 and 2015: Past as Prelude?” Third World Quarterly 37, no.
7 (2016): 1147–1155.
Weiss, Thomas G., Tatiana Car... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
8 Were children’s rights ever a feminist project?
Linde Lindkvist Introduction International norm-making on women’s rights and children’s rights is often historicized as parts of a broader process of challenging the abstract vision of humanity that undergirds mainstream human rights discourse after the Universal Decla... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
But women’s rights and children’s rights have dis- tinct historical trajectories in international human rights politics, and their rela- tionship has not always been free of friction.
In 1992, the feminist legal scholar Frances Olsen attempted to make sense of this relationship in commentary on what was then the recen... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Olsen noted how children’s rights and women’s rights were frequently discussed together in international human rights settings.
More specif- ically, she addressed how women and children often appeared on the same lists of particularly vulnerable groups, and how they were frequently pulled together in provisions on the... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In other words, where children’s rights enjoy a high degree of protec- tion, women tend to fare better too. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
At the same time, she suggested that interna- tional norms on children’s rights often perpetuate age-old notions and stereotypes of motherhood, and how the abstract category of “the child” obscures the ways in which the structures of gender work unequally on boys and girls.2 Children’s rights thus seemed to reinforce t... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Considering Olsen’s work today raises the difficult question of how the history of children’s rights relates to the history of women’s rights for the UN.
If these concepts are so closely intertwined but at the same time in a state of friction, then how are we to understand their historical relationship?
This chapter ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In examining how children’s rights evolved as a subfield of international human rights law and pol- itics, it seeks to capture the contours of this history with an eye on the concept’s relation to the ideas of women’s rights and gender equality.3 Most international histories of children’s rights have been set in the af... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Their charity-based activism was sometimes mocked by radicals who claimed that it “reinforced the DOI: 10.4324/9781003036708-8 126 Linde Lindkvist age-old notion that women had no concern in public life except to wipe up the mess made by men.”4 However, it is now evident that interwar humanitarian- ism also functioned ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Such ideas frequently revolved around the concept of childhood and, more specifically, the conviction that improved child protection in the present would help to bring about better versions of humankind in generations to come.
This line of thought influenced the Geneva Declaration of the Rights of the Child, which ori... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
This short, five-paragraph manifesto on the essential goods that humankind owes to all children, regardless of race or national boundaries, received widespread circulation in its time and still serves as a source of inspiration for child rights activists.5 In 1959, the United Nations adopted its own updated version of ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Three decades later, this was followed by the UN Convention on the Rights of the Child, which has since become the most ratified international treaty on human rights. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The few histories charting the emergence of these later documents have so far paid little attention to the connection between children’s rights and women’s rights that is so prominent in the historiography of the 1920s.6 This may partly reflect how the later UN processes were controlled mainly by states, allowing limit... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Still, it is puzzling why the literature on international children’s rights has thus far shown little concern for the contributions of women diplomats and activists and has offered almost no analysis of the relationship between children’s rights and women’s rights. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
This is all the more surprising given that the talks on the UN Convention on the Rights of the Child coincided with the UN Decade for Women (1975–1985) and the finalization of the Convention on the Elimination of All Forms of Discrimination against Women (1979).
Is this just another instance of wiping out the traces o... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
This chapter offers some observations on how and to what extent women dip- lomats and activists, and, more broadly, ideas of gender equality, helped to shape the norms on children’s rights advanced by the UN between 1945 and the mid- 1990s.
More broadly, it seeks to determine whether it is justifiable to speak of inte... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The conclusion suggests that both of these assessments are true.
On the one hand, women representatives repeatedly found ways to use the frameworks on children’s rights to advance gender-sensitive conceptions of human rights and to challenge the private-public distinction in international human rights law. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
At the same time, the main UN instruments on children’s rights upheld traditional understandings of the nuclear family as the fundamental social unit and the most conducive realm for promoting children’s physical and mental development.
Were children’s rights ever a feminist project?
127 In doing so, the ways in whic... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
When approaching a document like the UN Convention on the Rights of the Child, we have to bear in mind that it did not resolve such tensions.
Rather, the treaty itself contained fundamentally different views on the content and function of children’s human rights, lending itself to multiple social and political uses. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
From human rights to children’s rights If historians generally look to the late 1940s as a founding moment of the dis- course on universal human rights, child rights scholars view it as an opportunity lost. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In 1950, after much lobbying by the Save the Children movement, the UN’s Social Commission issued resolution endorsing the fundamental principles of Geneva Declaration, while at the same time suggesting that if there ever would be a UN version of the declaration, it would first have to go through a state-led process of... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
One reason for the lack of interest in a child rights instrument was the dis- course of human rights.
The decision of the newly established UN Commission of Human Rights to devote its energy to the creation of an international bill on the rights of individuals meant that the rights of particular groups—whether dis- ti... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Still, the text of the Universal Declaration of Human Rights (UDHR) contained some clauses of direct relevance to children, including the right to education and an adequate standard of living. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
More directly, Article 25(2) announced that “motherhood and childhood are entitled to special care and assistance,” further stating that “all children, whether born in or out of wedlock, shall enjoy the same social protection.”8 Like all the individual passages that comprise the UDHR, Article 25(2) was the product of i... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The Danish delegate Bodil Begtrup insisted that the term “motherhood” was preferable to a previous proposal that spoke of the rights of “mothers,” arguing that this would cover the rights of women both during and after pregnancy.9 The word “childhood” was principally chosen for linguistic consistency, even though the S... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
During the meetings of the General Assembly in the fall of 1948, Ratko Pleic of Yugoslavia—supported by, among others, Minerva Bernardino of the Dominican Republic—insisted that addressing discrimination on the basis of ille- gitimacy was paramount in an instrument that purported to advance universal rights.11 The prop... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
From this perspective, the language on motherhood and childhood mainly functioned as a stop-gap clause in covering the purportedly exceptional situation where a man is either absent or otherwise unable to fulfil his responsibilities.15 In spite of the Universal Declaration’s limited social vision, the women del- egates... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The most prominent example of such efforts was arguably the 1952 Convention on the Political Rights of Women.
However, as Rebecca Adami and Roland Burke show in their contributions to this volume, this work also involved projects that were of direct relevance to children and adolescents. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
For instance, in 1954, the General Assembly adopted a declaration denouncing traditional customs and practices, including bride price and child marriage, which later influenced the 1962 Con- vention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages.17 In the same period, the CSW took on que... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Focusing more on mitigating existing inequalities than on securing equal treatment, the delegates of the CSW were drawn to working within a conventional view of women as mothers.19 This approach came into sharp focus in the revised version of the UN Declaration of the Rights of the Child, which after nearly a decade of... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
One feature that distinguished this docu- ment from the 1924 Geneva Declaration was the several references to parents and especially mothers. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The child, the declaration stated, “shall, wherever pos- sible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother.”20 The ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
129 by the UDHR, the child rights declaration did not separate the rights of children from the rights and duties of motherhood.
There is limited research on the making of the 1959 child rights declaration and what prompted the rise of interest in children’s rights during this period.
One important reason why the need... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Since the early 1950s, the drafting of the main covenants on human rights had been stalled because of deepening Cold War tensions.
Children’s rights and women’s rights were among the few areas where states nonetheless managed to find common ground.
There were also other reasons. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
There were also other reasons.
For instance, historian Zoe Moody notes how the archi- val records include frequent references to trends in development psychology, including a report that the influential attachment theorist John Bowlby penned for WHO in 1952 that stressed “maternal deprivation” in the child’s earliest ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In the fall of 1959, Paul Hofmann, The New York Times reporter to the United Nations, commented that the work to finalize the UN’s “children’s charter” had been spearheaded by “women delegates, many of them mothers.”23 The sessions of the Third Committee were chaired by the Belgian lawyer and lib- eral politician Georg... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In 1946, Ciselet had been the first woman elected into the Belgian parliament and had initiated progressive national legislation on marriage equality and the rights of children born out of wedlock. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
As part of the Belgian UN delegation, she had monitored the devel- opment of international standards on women’s political rights and the registra- tion of marriages, and had served as her country’s representative to the CSW.24 While Ciselet helped to ensure that the child rights declaration was unanimously approved in ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Zoya V. Mironova, the USSR ambassador and founding member of the Women’s International Democratic Federation, lamented that the declaration lacked adequate mechanisms of enforcement and contained no refer- ence to the rights of working mothers. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The problem in Mironova’s view was not that the document tied children’s rights to the plights of mothers, but that it did not imagine women as active citizens and economic agents.25 Gender and the UN convention on the rights of the Child In hindsight, what is most striking about the 1959 UN Declaration on the Rights o... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Moody, who has studied the document’s drafting and early reception, claims that within only a few years, the document had been virtually forgotten, including by international and non- governmental bodies working in the fields of child welfare and child devel- opment. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In light of the geopolitical, social, and cultural transformation of the 1960s, the declaration seemed to be a statement of principles belonging to an increasingly distant postwar moment.26 This was not just because it reflected stereotyped ideas about motherhood and the division of domestic labor. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The text 130 Linde Lindkvist was completed just before states of the Global South breathed new life into the international human rights project, effectively paving the way for the completion of the UN’s core human rights covenants in 1966, documents which contained only scattered references to child protection again in... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In the 1970s, UN human rights politics took a structural turn.
Influenced by the launch of the New International Economic Order, it became a field that was increasingly occupied with global economic inequalities and domestic patterns of racial and gender discrimination.29 At the same time, structural interpretations o... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
These differences came into full view during the World Conference for the International Women’s Year in Mexico City in June 1975. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
While this served as a crucial event in forging new international alliances among women’s rights activists and established the UN Decade for Women, it also revealed deep divides among feminists, including the conflict over the relationship between the struggle for equal human rights and economic justice.30 Some of thes... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
In some respects, then, the treaty was of direct relevance to the rights of children.
More specifically, Article 5 on family education mentioned the need to promote awareness of “maternity as a social function” as well as the “com- mon responsibility of men and women in the upbringing and development of their children... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Article 16(2) addressed the question of child marriage, although it evaded the question of who counts as a child.31 Still, CEDAW was not a child rights treaty.
As Cynthia Price-Cohen argues, its shape and content reflect how the international movement for women’s human rights was princi- pally occupied with correcting... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
It did not address the needs of the girl-child, effectively ignoring what Price-Cohen saw as the “importance of preparing girls to become women.”32 Still, the advances in women’s rights and feminist theory were crucial for reviving the question of children’s rights during this period. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Some of the most outspoken proponents of the radical but short-lived movement for child libera- tion, like Richard Farsons and John Holt, sought to transfer some of the energy and arguments of the civil and women’s rights movements to a project of chal- lenging the ingrained assumptions of childhood.33 Partly inspired ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
131 influential 1970 pamphlet The Dialectics of Sex, Shulamith Firestone included a full chapter on childhood, where she claimed that discrimination on the basis of age was akin to that of gender, and that women had to “include the oppressio of children in any program for feminist revolution.”35 The proponents of child... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
At the international level, the discourse of children’s rights was still dominated by its ties to child protection.36 In the UN context, the protectionist view of children’s rights was reinforced in the context of the International Year of the Child (1979).
The initiative for a child year was first put forward by Cano... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Moerman was disheartened by the ideological battles that had dominated the recent international years on women (1975) and population (1976), and he suggested that the international community now needed to engage in a more reconciliatory project.
In 1975, he began lobbying other non-governmental organizations and inter... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The basic condition set up by UNICEF Executive Director Henri Labouisse was that there would be no international conference like the one on women in Mexico, and that the year would be geared towards actions at the national level.
The international side of things would mainly be about scaling up international aid to de... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Once the project had been scheduled for 1979, it was decided that it would also be labelled as a year for children’s rights, since it would coincide with the twentieth anniversary of the 1959 Declaration. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Nevertheless, the underlying premise of the International Year of the Child was that children’s rights, unlike general human rights, was a non-political, non-dis- ruptive concept that was principally about securing basic needs and protections from the worst forms of abuse and neglect.37 It was in this context that the ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
This in and of itself was not a novel idea.
Already in the 1950s, the Communist states had called for a binding international instrument that would emphasize the importance of national legislation and the effective use of state power in safeguarding children’s rights to protection and welfare.
The advent of a child y... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Besides, the Polish government was weary that “progress in legisla- tion on the rights of the child should not lag behind that made in other spheres of international law.”38 However, the Polish draft was not well received outside of the Warsaw Pact.
The few states who cared to respond to the initial draft were unenthu... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The Netherlands and the Nordic countries pointed directly to the ways in which the draft failed to recognize the transformations in social values and the structures of modern welfare states that had taken place during the intervening decades; not only was there an increasing awareness of the dangers of child abuse, but... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Further, the text was criticized as flotsam from a pre-decolonization era in UN human rights politics.39 Though the Polish initiative led to the creation of a designated working group under the Commission on Human Rights, it was not until the mid-1980s that the project of completing the UN Convention on the Rights of t... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Another key factor was the finalization of the UN Convention Against Torture, which freed up space and resources for UN delegations in Geneva.
Significant in this pro- cess were the concerted efforts by non-governmental organizations who partic- ipated in the drafting process. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Through the creation of a designated NGO group on the UN Convention on the Rights of the Child, these groups—spearheaded by Defense for Children International, the International Catholic Child Bureau, and the Swedish Save the Children—not only influenced those states partaking in the drafting process, but they also hel... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Several of the most active NGO delegates were women, including Rachel Brett of the Quakers, Geraldine van Bueren of Amnesty International, and Cynthia Price- Cohen of the Human Rights Internet.
In the final stages of the drafting, some of these women helped to ensure that the child rights convention was the first inte... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Whereas the 1959 Declaration had spoken of the rights-bearer as a “he,” the con- vention either used the neutral “the child” or the combined pronoun “he or she.”41 Still, it would be an exaggeration to label the UN Convention on the Rights of the Child as a “feminist landmark.” In her thorough analysis of this event, p... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
It was generally assumed that childhood was a universal experience, and very little attention was paid to its intersection with other grounds of vulnerability and discrimination, such as class, race, and gender.
Further, the term “girl-child” was absent in the text.
Perhaps most striking was the fact that the convent... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
This inattentiveness to gender, Holzscheiter argues, “seems all the more astonishing in view of the fact that several women’s NGOs participated in the drafting,” and that it “coincided with the International Decade for Women (1975-1985).”42 This lack of attention to gender equality also explains some reluctance that wo... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
The Portuguese delegate to the drafting process and would-be UN Special Representative Marta Santos-Pais claimed that some wom- en’s rights organizations saw it as “taking away the light from them and the focus they were receiving in the previous years.”43 A notable exception to the general lack of focus on gender was ... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
133 genital mutilation.
As is well-known, female genital mutilation was one of the main global issues around which feminists of different origins and orientations coalesced in the 1970s. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
While they often disagreed in their analysis of what it was—Western feminists like Fran Hosken thought of it as a cultural and reli- gious practice, whereas southern feminists like Nawal el Saadawi framed it as but one of many instances indicative of a global patriarchal structure—they gen- erally agreed on its detrime... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
Still, the issue had not been addressed in CEDAW, and it remained highly uncertain as to where, if anywhere, in the landscape of international agencies and multilateral organizations it really belonged.
Internationally, the concept of female genital mutilation was frequently linked to culture, religion and civilizatio... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
More still, many within the human rights community considered it as a matter that belonged to the private sphere and which therefore was beyond the reach of the emerging field of human rights law.44 In this context, the drafting of the UN Convention on the Rights of the Child was a significant step forward. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
At the back of Article 24 on the right to health, the convention calls on states to take “effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.”45 This was the first time that an international treaty labelled female genital muti- lation as incompatible... | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
One key to this development was that the talks on children’s human rights were relatively open to interventions by non-governmental organizations and that many of these organizations were becoming increasingly committed to facilitating co-operation across North- South divides. | INTL LAW | https://docs-lawep.s3.us-east-2.amazonaws.com/9781003036708_webpdf.pdf | https://www.taylorfrancis.com/books/oa-edit/10.4324/9781003036708/women-un-dan-plesch-rebecca-adami |
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