Domestic Violence And International Law

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Domestic Violence and International Law

Bonita Meyersfeld
Domestic Violence and International Law Book PDF

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 41,9 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-).

International Human Rights Law and Domestic Violence

Ronagh J.A. McQuigg
International Human Rights Law and Domestic Violence Book PDF

Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
Page : 191 pages
File Size : 43,8 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.

The Legal Protection of Women From Violence

Rashida Manjoo,Jackie Jones
The Legal Protection of Women From Violence Book PDF

Author : Rashida Manjoo,Jackie Jones
Publisher : Routledge
Page : 228 pages
File Size : 52,8 Mb
Release : 2018-03-22
Category : Political Science
ISBN : 9781351732833

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The Legal Protection of Women From Violence by Rashida Manjoo,Jackie Jones Pdf

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.

Domestic Violence in International Context

Diana Scharff Peterson,Julie A. Schroeder
Domestic Violence in International Context Book PDF

Author : Diana Scharff Peterson,Julie A. Schroeder
Publisher : Routledge
Page : 246 pages
File Size : 47,9 Mb
Release : 2016-12-19
Category : Social Science
ISBN : 9781317209911

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Domestic Violence in International Context by Diana Scharff Peterson,Julie A. Schroeder Pdf

Domestic violence does not discriminate and is prevalent throughout the word regardless of race, age or socio-economic status. Why, then, do reactions and response differ so widely throughout the world? While some countries work diligently to address the matter through prevention and training, others take a ‘hands-off’ approach in their response. This book is one of the first to investigate domestic violence on a global scale and provides best practices gleaned from various countries around the world to paint a detailed picture of how police response to domestic violence is currently being conducted and provide training bodies with up-to-date information to enhance current curricula. Domestic Violence in International Context brings together expert scholars native to twelve different countries to examine the history and scope of domestic violence and how it is being addressed, repressed or ignored in their thirteen respective countries. Their specialised knowledge and unique data come together to create a series of snapshots that will guide nations, societies and communities worldwide in formulating effective strategies to prevent, intervene and combat this epidemic, and examine partnerships and programmes already in place. This book is essential reading for practitioners, policy makers, and human rights organisations, as well as students and scholars of criminology, social work, sociology and law.

DOMESTIC VIOLENCE AGAINST WOMEN

Vitulia Ivone,Stefania Negri
DOMESTIC VIOLENCE AGAINST WOMEN Book PDF

Author : Vitulia Ivone,Stefania Negri
Publisher : CEDAM
Page : 242 pages
File Size : 48,5 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.

Understanding Domestic Violence as a Gender-based Human Rights Violation

Jurgita Bukauskaite
Understanding Domestic Violence as a Gender based Human Rights Violation Book PDF

Author : Jurgita Bukauskaite
Publisher : Taylor & Francis
Page : 211 pages
File Size : 40,8 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.

Preventing and Combating Violence Against Women and Domestic Violence

Sara De Vido,Micaela Frulli
Preventing and Combating Violence Against Women and Domestic Violence Book PDF

Author : Sara De Vido,Micaela Frulli
Publisher : Edward Elgar Publishing
Page : 1009 pages
File Size : 52,8 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781839107757

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Preventing and Combating Violence Against Women and Domestic Violence by Sara De Vido,Micaela Frulli Pdf

This Commentary provides the first comprehensive analysis of the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice.

Domestic Violence in International Context

Diana Scharff Peterson,Julie A. Schroeder
Domestic Violence in International Context Book PDF

Author : Diana Scharff Peterson,Julie A. Schroeder
Publisher : Taylor & Francis
Page : 214 pages
File Size : 43,9 Mb
Release : 2016-12-19
Category : Social Science
ISBN : 9781317209928

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Domestic Violence in International Context by Diana Scharff Peterson,Julie A. Schroeder Pdf

Domestic violence does not discriminate and is prevalent throughout the word regardless of race, age or socio-economic status. Why, then, do reactions and response differ so widely throughout the world? While some countries work diligently to address the matter through prevention and training, others take a ‘hands-off’ approach in their response. This book is one of the first to investigate domestic violence on a global scale and provides best practices gleaned from various countries around the world to paint a detailed picture of how police response to domestic violence is currently being conducted and provide training bodies with up-to-date information to enhance current curricula. Domestic Violence in International Context brings together expert scholars native to twelve different countries to examine the history and scope of domestic violence and how it is being addressed, repressed or ignored in their thirteen respective countries. Their specialised knowledge and unique data come together to create a series of snapshots that will guide nations, societies and communities worldwide in formulating effective strategies to prevent, intervene and combat this epidemic, and examine partnerships and programmes already in place. This book is essential reading for practitioners, policy makers, and human rights organisations, as well as students and scholars of criminology, social work, sociology and law.

The Istanbul Convention, Domestic Violence and Human Rights

Ronagh McQuigg
The Istanbul Convention Domestic Violence and Human Rights Book PDF

Author : Ronagh McQuigg
Publisher : Routledge
Page : 208 pages
File Size : 45,5 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.

Violence Against Women and the Law

David L Richards,Jillienne Haglund
Violence Against Women and the Law Book PDF

Author : David L Richards,Jillienne Haglund
Publisher : Routledge
Page : 204 pages
File Size : 51,5 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.

Human Rights and Gender Violence

Sally Engle Merry
Human Rights and Gender Violence Book PDF

Author : Sally Engle Merry
Publisher : University of Chicago Press
Page : 280 pages
File Size : 51,6 Mb
Release : 2009-07-27
Category : Social Science
ISBN : 9780226520759

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Human Rights and Gender Violence by Sally Engle Merry Pdf

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.

International Human Rights Law and Structural Discrimination

Elisabeth Veronika Henn
International Human Rights Law and Structural Discrimination Book PDF

Author : Elisabeth Veronika Henn
Publisher : Springer
Page : 240 pages
File Size : 54,9 Mb
Release : 2019-07-03
Category : Law
ISBN : 9783662586778

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International Human Rights Law and Structural Discrimination by Elisabeth Veronika Henn Pdf

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.

Due Diligence and Its Application to Protect Women from Violence

Carin Benninger-Budel
Due Diligence and Its Application to Protect Women from Violence Book PDF

Author : Carin Benninger-Budel
Publisher : BRILL
Page : 312 pages
File Size : 45,6 Mb
Release : 2008-10-02
Category : Law
ISBN : 9789004180888

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Due Diligence and Its Application to Protect Women from Violence by Carin Benninger-Budel Pdf

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 women’s rights.

International Law and Violence Against Women

Johanna Niemi,Lourdes Peroni,Vladislava Stoyanova
International Law and Violence Against Women Book PDF

Author : Johanna Niemi,Lourdes Peroni,Vladislava Stoyanova
Publisher : Routledge
Page : 437 pages
File Size : 55,7 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781000032536

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International Law and Violence Against Women by Johanna Niemi,Lourdes Peroni,Vladislava Stoyanova Pdf

This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.

Advancing the Human Rights of Women

Andrew Byrnes,Jane Frances Connors,Lum Bik
Advancing the Human Rights of Women Book PDF

Author : Andrew Byrnes,Jane Frances Connors,Lum Bik
Publisher : Commonwealth Secretariat
Page : 208 pages
File Size : 53,6 Mb
Release : 1997
Category : Law
ISBN : 0850925150

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Advancing the Human Rights of Women by Andrew Byrnes,Jane Frances Connors,Lum Bik Pdf

Guide to Human Rights Sources