Domestic Abuse And Human Rights

Author : Shazia Choudhry,Jonathan Herring
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2020
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 178068231X

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Domestic Abuse and Human Rights by Shazia Choudhry,Jonathan Herring Pdf

Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It has three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women. The relevance of the key Articles of the European Convention on Human Rights is explained. The book will include material on the definition of domestic abuse, elder abuse, parental abuse, and the impact of abuse on children. It seeks to bring out the themes which connect these issues as well as the ways in which they raise distinct questions.

Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
Page : 191 pages
File Size : 53,6 Mb
Release : 2011-04-06
Category : Family & Relationships
ISBN : 9781136742088

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International Human Rights Law and Domestic Violence by Ronagh J.A. McQuigg Pdf

This innovative book examines the effectiveness of international human rights law, through the case study of domestic violence. Domestic violence is an issue that affects vast numbers of women throughout all nations of the world, but as it takes place between private individuals it does not come within the ambit of the traditional interpretation of human rights law. Ronagh J.A. McQuigg questions whether international human rights law can only be effective in a ‘traditional’ case of human rights abuse or whether it can rise to the challenge of being used in relation to issues such 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. McQuigg 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 and discusses how the statements made by the international human rights bodies could be used more effectively by non-governmental organisations, such as human rights groups and women’s groups.

Author : Jonathan Herring
Publisher : Unknown
Page : 249 pages
File Size : 53,8 Mb
Release : 2018
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1839700971

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Domestic Abuse and Human Rights by Jonathan Herring Pdf

Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It will have three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women. The relevance of the key Articles of the European Convention on Human Rights will be explained. The book will include material on the definition of domestic abuse, elder abuse, parental abuse, and the impact of abuse on children. It seeks to bring out the themes which connect these issues as well as the ways in which they raise distinct questions. The book argues that a human rights approach requires states to take a pro-active stance towards domestic abuse. It should no longer be regarded as a private matter, but as a human rights approach mandating state intervention, although within limits. So understood, the European Convention on Human Rights provides a powerful impetus for states to ensure an effective response to the major problem of domestic abuse.

Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 51,9 Mb
Release : 2009
Category : Family & Relationships
ISBN : 9780195384048

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Coercive Control by Evan Stark Pdf

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.

Author : Jurgita Bukauskaite
Publisher : Taylor & Francis
Page : 211 pages
File Size : 53,8 Mb
Release : 2023-04-14
Category : Political Science
ISBN : 9781000866551

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Understanding Domestic Violence as a Gender-based Human Rights Violation by Jurgita Bukauskaite Pdf

Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.

Author : Ronagh McQuigg
Publisher : Routledge
Page : 208 pages
File Size : 49,9 Mb
Release : 2017-09-19
Category : Law
ISBN : 9781317313052

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The Istanbul Convention, Domestic Violence and Human Rights by Ronagh McQuigg Pdf

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

Author : David L Richards,Jillienne Haglund
Publisher : Routledge
Page : 204 pages
File Size : 49,8 Mb
Release : 2015-11-17
Category : Political Science
ISBN : 9781317249603

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Violence Against Women and the Law by David L Richards,Jillienne Haglund Pdf

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 : Leigh Goodmark
Publisher : Univ of California Press
Page : 395 pages
File Size : 52,7 Mb
Release : 2018-10-01
Category : Social Science
ISBN : 9780520968295

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Decriminalizing Domestic Violence by Leigh Goodmark Pdf

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Author : Anonim
Publisher : Unknown
Page : 488 pages
File Size : 47,9 Mb
Release : 1998
Category : Human rights
ISBN : UOM:39015048510005

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The Human Rights Watch Global Report on Women's Human Rights by Anonim Pdf

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 46,9 Mb
Release : 2010-03-23
Category : Law
ISBN : 9781847315724

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Domestic Violence and International Law by Bonita Meyersfeld Pdf

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 : Anonim
Publisher : Human Rights Watch
Page : 55 pages
File Size : 50,7 Mb
Release : 2001
Category : Electronic
ISBN : 8210379456XXX

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Sacrificing Women to Save the Family? by Anonim Pdf

Author : Mandy Burton
Publisher : Taylor & Francis
Page : 221 pages
File Size : 50,9 Mb
Release : 2022-08-05
Category : Law
ISBN : 9780429516092

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Domestic Abuse, Victims and the Law by Mandy Burton Pdf

The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.

Author : Rebecca J. Cook
Publisher : University of Pennsylvania Press
Page : 649 pages
File Size : 43,7 Mb
Release : 2012-03-10
Category : Political Science
ISBN : 9780812201666

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Human Rights of Women by Rebecca J. Cook Pdf

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 : Vitulia Ivone,Stefania Negri
Publisher : CEDAM
Page : 242 pages
File Size : 49,5 Mb
Release : 2019-12-05
Category : Law
ISBN : 9788813374488

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DOMESTIC VIOLENCE AGAINST WOMEN by Vitulia Ivone,Stefania Negri Pdf

Violence against women is one of the most widespread, pervasive and serious violations of human rights affecting every country or area of the globe. Domestic violence against women and girls – commonly known as intimate partner violence or family violence – concerns any form of physical, psychological, sexual, or economic abuse perpetrated by partners and relatives. It encompasses multiple and varied acts and behaviors – ranging from emotional and verbal abuse to femicide – aiming at affirming power and control over women and their lives. Although combating this form of violence is especially challenging in the context of private settings, domestic violence is no longer treated as a “private matter”. Decades of mobilization and sensitization of societies and institutions, strongly supported by the restless action of women’s movements, have contributed to making violence against women a priority on the national and international agendas. Indeed, the road to the adoption of international binding instruments and national legislation on domestic violence has been long and twisted. Nonetheless, today women are protected against violence by some landmark legal instruments adopted at the global, regional and national levels. This book aims to offer a systematic overview of the legal protection afforded to women and girls against domestic violence and other relevant forms of violence and discrimination, while also critically assessing the state of the law at international, regional and domestic levels. Special focus is placed on the European and Italian legal frameworkS.

Author : Lina Gonsalves
Publisher : APH Publishing
Page : 350 pages
File Size : 50,6 Mb
Release : 2001
Category : Human rights
ISBN : 8176482471

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Women and Human Rights by Lina Gonsalves Pdf

This bok describes the lack of attention to the human rights of women and indicates a range of issues where equal rights for women are still denied. The human rights of women as workers, prisoners should be (but more often are not), equal to those of male workers, prisoners. The gender gap between the recognition and enjoyment of human rights and fundamental freedom is the main theme of this book.