Violence Against Women Under International Human Rights Law

Autor: Alice Edwards
Publisher: Cambridge University Press
ISBN: 1139494856
File Size: 19,96 MB
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Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.

International Human Rights Law And Domestic Violence

Autor: Ronagh J.A. McQuigg
Publisher: Taylor & Francis
ISBN: 1136742085
File Size: 27,91 MB
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This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence

Domestic Violence And International Law

Autor: Bonita Meyersfeld
Publisher: Bloomsbury Publishing
ISBN: 1847315720
File Size: 58,51 MB
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Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

The Legal Protection Of Women From Violence

Autor: Rashida Manjoo
Publisher: Routledge
ISBN: 1351732838
File Size: 58,70 MB
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Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

Violence Against Women And The Law

Autor: David L Richards
Publisher: Routledge
ISBN: 1317249593
File Size: 79,41 MB
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This book examines the strength of laws addressing four types of violence against women rape, marital rape, domestic violence, and sexual harassment in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide."

Due Diligence And Its Application To Protect Women From Violence

Autor: Carin Benninger-Budel
Publisher: BRILL
ISBN: 9004162933
File Size: 43,56 MB
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The contributors to this volume analyse the effectiveness of the due diligence standard as well as other strategies to prevent and respond to violence against women by non-state actors taking into account contemporary problems that pose threats to womena (TM)s rights.

Bringing International Human Rights Law Home

Autor: United Nations. Division for the Advancement of Women
Publisher: United Nations Publications
ISBN: 9789211302042
File Size: 35,60 MB
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The human rights of women and girls are an inalienable, integral and indivisible part of universal human rights. However, finding a balance between women's claim for justice, and a community's desire to maintain its traditions presents a significant challenge. This publication comprises the proceedings of a judicial colloquium held in Vienna in 1999. It aims to further the quest for equality for women by using international human rights law in domestic decision-making to bring international human rights home. The publication covers three main themes: marriage and family relations, violence against women, and work-related rights of women and girls. Almost 100 judges and magistrates participated at the conference, making this publication an impressive work providing strategies for more creative and widespread use of international human rights norms

Violence Against Women In South Africa

Autor: Human Rights Watch/Africa
Publisher: Human Rights Watch
ISBN: 9781564321626
File Size: 80,85 MB
Format: PDF
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The new South African government has pledged to ensure women a full and equal role in every aspect of the economy and society. Yet, according to the Human Rights Watch, South African women continue to face extraordinarily high levels of violence which prevent them from enjoying the rights. Victims o