Violence Against Women Under International Human Rights Law

Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 1139494856
Size: 20.46 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

Author: Ronagh J.A. McQuigg
Publisher: Taylor & Francis
ISBN: 1136742085
Size: 60.67 MB
Format: PDF
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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

Due Diligence And Its Application To Protect Women From Violence

Author: Carin Benninger-Budel
Publisher: BRILL
ISBN: 9004162933
Size: 37.51 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.

Domestic Violence And International Law

Author: Bonita Meyersfeld
Publisher: Hart Pub Limited
ISBN: 9781849463577
Size: 74.14 MB
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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."--pub. desc.

Violence Against Women And The Law

Author: David L Richards
Publisher: Routledge
ISBN: 1317249607
Size: 56.93 MB
Format: PDF
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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.

Bringing International Human Rights Law Home

Author: United Nations. Division for the Advancement of Women
Publisher: United Nations Publications
ISBN: 9789211302042
Size: 46.24 MB
Format: PDF
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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

The Legal Protection Of Women From Violence

Author: Rashida Manjoo
Publisher: Routledge
ISBN: 1351732838
Size: 67.42 MB
Format: PDF, ePub, Mobi
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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.

Human Rights And Gender Violence

Author: Sally Engle Merry
Publisher: University of Chicago Press
ISBN: 9780226520759
Size: 77.10 MB
Format: PDF, Kindle
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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.