Violence Against Women Under International Human Rights Law

Author : Alice Edwards
Publisher : Cambridge University Press
ISBN 13 : 1139494856
Total Pages : 411 pages
Book Rating : 4.54/5 ( download)

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Download or read book Violence against Women under International Human Rights Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2010-12-23 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Elisabeth Veronika Henn
Publisher : Springer
ISBN 13 : 3662586770
Total Pages : 240 pages
Book Rating : 4.78/5 ( download)

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Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

Author : Lorena Sosa
Publisher : Cambridge University Press
ISBN 13 : 1107172241
Total Pages : 305 pages
Book Rating : 4.41/5 ( download)

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Download or read book Intersectionality in the Human Rights Legal Framework on Violence against Women written by Lorena Sosa and published by Cambridge University Press. This book was released on 2017-10-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theoretically explores intersectionality within human rights norms on violence against women and the derived duties for States.

Author : Sally Engle Merry
Publisher : University of Chicago Press
ISBN 13 : 0226520757
Total Pages : 280 pages
Book Rating : 4.59/5 ( download)

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Download or read book Human Rights & Gender Violence written by Sally Engle Merry and published by University of Chicago Press. This book was released on 2009-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Author : Rashida Manjoo
Publisher : Routledge
ISBN 13 : 9780367893781
Total Pages : 0 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2019-11-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
ISBN 13 : 1136742085
Total Pages : 191 pages
Book Rating : 4.88/5 ( download)

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Download or read book International Human Rights Law and Domestic Violence written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2011-04-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315720
Total Pages : 368 pages
Book Rating : 4.24/5 ( download)

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Download or read book Domestic Violence and International Law written by Bonita Meyersfeld and published by Bloomsbury Publishing. This book was released on 2010-03-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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-).

Author : Rebecca J. Cook
Publisher : University of Pennsylvania Press
ISBN 13 : 0812201663
Total Pages : 649 pages
Book Rating : 4.66/5 ( download)

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Download or read book Human Rights of Women written by Rebecca J. Cook and published by University of Pennsylvania Press. This book was released on 2012-03-10 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.

Author : Rashida Manjoo
Publisher : Routledge
ISBN 13 : 1351732838
Total Pages : 228 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2018-03-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Sara De Vido
Publisher : Manchester University Press
ISBN 13 : 152612498X
Total Pages : 273 pages
Book Rating : 4.82/5 ( download)

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Download or read book Violence against women's health in international law written by Sara De Vido and published by Manchester University Press. This book was released on 2020-06-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women’s health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women’s rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women’s health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women’s autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal ‘inter-personal’, and vertical ‘state policies’. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States’ obligations and eventually asks whether international law itself is the ultimate cause of violence against women’s health.