Author : Juliette Pattinson
Publisher :
Page : 312 pages
File Size : 50,77 MB
Release : 2020-06-13
Category :
ISBN : 9781526124975
Taking the Hippocratic paradigm as backbone of the analysis, the book conceptualises a new notion under international law, 'violence against women's health', which allows the reader to reflect on two interrelated dimensions of violence, the horizontal 'inter-personal' and the vertical 'State policies' ones, and on obligations States must abide by.
Author : Rashida Manjoo
Publisher : Routledge
Page : 0 pages
File Size : 30,61 MB
Release : 2019-11-11
Category : Law
ISBN : 9780367893781
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 : Sally Engle Merry
Publisher : University of Chicago Press
Page : 280 pages
File Size : 28,95 MB
Release : 2009-07-27
Category : Political Science
ISBN : 0226520757
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 : Alice Edwards
Publisher : Cambridge University Press
Page : 411 pages
File Size : 30,64 MB
Release : 2010-12-23
Category : Political Science
ISBN : 1139494856
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 : Chile Eboe-Osuji
Publisher : Martinus Nijhoff Publishers
Page : 372 pages
File Size : 39,77 MB
Release : 2012-08-27
Category : Political Science
ISBN : 9004227229
Sexual violence is a particular brand of evil that women have endured—more than men—during armed conflicts, through the ages. It is a menace that has continued to challenge the conscience of humanity—especially in our times. At the international level, basic laws aimed at preventing it are not in short supply. What is needed is a more conscious determination to enforce existing laws. This book explores ways of doing just that; thereby shoring up international legal protection of women from sexual violence in armed conflicts.
Author : David L Richards
Publisher : Routledge
Page : 205 pages
File Size : 26,11 MB
Release : 2015-11-17
Category : Political Science
ISBN : 1317249607
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.
Author : Daniela Nadj
Publisher : Routledge
Page : 280 pages
File Size : 34,6 MB
Release : 2018-05-23
Category : Law
ISBN : 1317228189
This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.
Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 43,16 MB
Release : 2010-03-23
Category : Law
ISBN : 1847315720
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 : Lorena Sosa
Publisher : Cambridge University Press
Page : 305 pages
File Size : 27,26 MB
Release : 2017-10-26
Category : Law
ISBN : 1107172241
This book theoretically explores intersectionality within human rights norms on violence against women and the derived duties for States.
Author : Tanja Altunjan
Publisher : Springer Nature
Page : 306 pages
File Size : 18,10 MB
Release : 2021-03-13
Category : Law
ISBN : 9462654514
This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.
