The Istanbul Convention Domestic Violence And Human Rights

Author : Ronagh McQuigg
Publisher : Routledge
Page : 208 pages
File Size : 53,6 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 : Sara De Vido,Micaela Frulli
Publisher : Edward Elgar Publishing
Page : 1009 pages
File Size : 47,6 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.

Author : Johanna Niemi,Lourdes Peroni,Vladislava Stoyanova
Publisher : Routledge
Page : 437 pages
File Size : 51,8 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.

Author : Jonathan Herring
Publisher : Unknown
Page : 249 pages
File Size : 54,9 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 : Council of Europe
Publisher : Council of Europe
Page : 150 pages
File Size : 52,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 928717203X

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Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence by Council of Europe Pdf

The Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210) is the first legally binding instrument to address violence against women and domestic violence in Europe. It contains a wide range of obligations aiming to prevent violence, protect its victims, prosecute the perpetrators, implement coordinated policies and promote international co-operation. It also envisages a monitoring mechanism. The convention recognizes violence against women as a violation of human rights and is a major step forward in achieving gender equality in law and in fact.

Author : Vitulia Ivone,Stefania Negri
Publisher : CEDAM
Page : 242 pages
File Size : 46,6 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 : Shazia Choudhry,Jonathan Herring
Publisher : Unknown
Page : 0 pages
File Size : 55,9 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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2019
Category : Electronic
ISBN : OCLC:1183416446

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The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) by Anonim Pdf

Author : Anonim
Publisher : Council of Europe
Page : 92 pages
File Size : 51,9 Mb
Release : 2015-01-01
Category : Social Science
ISBN : 9789287180575

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The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence - A tool to end female genital mutilation by Anonim Pdf

This guide, produced jointly by Amnesty International and the Council of Europe, aims at helping design policies and measures to better address female genital mutilation and to pave the way for change. It is based on the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention), which entered into force in August 2014. The Istanbul Convention is the first treaty to recognise that female genital mutilation exists in Europe and that it needs to be systematically addressed (Article 38 of the Convention). It requires states parties to step up preventive measures by addressing affected communities, as well as the general public and relevant professionals. It entails obligations to offer protection and support when women and girls at risk need it most – and makes sure that their needs and their safety always come first.

Author : Rashida Manjoo,Jackie Jones
Publisher : Routledge
Page : 228 pages
File Size : 55,7 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.

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.

Author : Andrea Krizsán,Conny Roggeband
Publisher : Springer Nature
Page : 261 pages
File Size : 48,9 Mb
Release : 2021-09-13
Category : Political Science
ISBN : 9783030790691

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Politicizing Gender and Democracy in the Context of the Istanbul Convention by Andrea Krizsán,Conny Roggeband Pdf

This book examines opposition to the Council of Europe’s Istanbul Convention and its consequences for the politics of violence against women in four countries of Central and Eastern Europe. Krizsán and Roggeband discuss why and how successful anti-gender mobilizations managed to obstruct ratification of the Convention or push for withdrawal from it. They show how resistance to the Convention significantly redraws debates on violence against women and has consequences for policies, women’s rights advocacy, and gender-equal democracy.

Author : Elisabeth Veronika Henn
Publisher : Springer
Page : 240 pages
File Size : 53,8 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.

Author : Great Britain. Parliament. Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 106 pages
File Size : 45,5 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780108557613

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HL 106, HC 594 - Violence Against Women and Girls by Great Britain. Parliament. Joint Committee on Human Rights Pdf

The Government's progressive work on tackling violence against women and girls abroad is not translating into its domestic policy, despite its Violence against Women and Girls Action Strategy and the Home Secretary's personal commitment to the issue. The Committee warns that failure to provide adequate refuge spaces and specialist services for victims of violence against women and girls demonstrates the difficulty for the Government in fulfilling its international obligations under the Convention when decisions over commissioning of certain services has been devolved. The Committee also expresses alarm at the prevalence of violence against women and girls across many cultures in the UK today, and heard troubling evidence from many minority groups that represent women with particular needs. The portrayal of women as victims of violence is deeply embedded in cultural stereotypes, in the depiction of women in the media and in how women are treated in the asylum system. This has to stop The Committee's recommendations include that: schools should play a greater role and include issues of violence against women and girls within the PSHE curriculum; whilst the Government has taken steps to engage with the media and with public awareness campaigns to counteract the sexualised portrayal of women, noting that the BBC declined invitations to give evidence to this inquiry, the media themselves should do more; the Government look again at the payment of universal credit to couples because of its concerns that it could put women subject to domestic violence at risk.

Author : Agnė Limantė,Artūras Tereškinas,Rūta Vaičiūnienė
Publisher : Taylor & Francis
Page : 230 pages
File Size : 43,6 Mb
Release : 2023-12-06
Category : Law
ISBN : 9781003815525

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Gender-Based Violence and the Law by Agnė Limantė,Artūras Tereškinas,Rūta Vaičiūnienė Pdf

This book presents a novel and insightful examination of gender-based violence, inviting readers to consider this topic from various perspectives. It encompasses various conceptual discussions and international regulations and trends, while concurrently emphasising the legal regulations and practices of select Central and Eastern European countries. Significantly underrepresented in legal scholarship, this region has been overlooked and subject to limited comprehensive analyses. The authors address different aspects of gender-based violence, also covering some areas that have received little attention in academic literature, such as gender-based violence in academia and cyberstalking. Furthermore, the book incorporates recent empirical studies, thereby endowing readers with valuable insights into the specific challenges encountered in the region. By contributing to current research on gender-based violence in Europe, this publication is an invaluable resource for researchers, students, policymakers, and general readers interested in gender-based violence and the fight against it in the Central and Eastern European region.