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Domestic Violence And International Law
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Book Synopsis Domestic Violence and International Law by : Bonita Meyersfeld
Download or read book Domestic Violence and International Law written by Bonita Meyersfeld and published by Bloomsbury Publishing. This book was released on 2010-03-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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-).
Book Synopsis International Human Rights Law and Domestic Violence by : Ronagh J.A. McQuigg
Download or read book International Human Rights Law and Domestic Violence written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2011-04-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Violence Against Women and the Law by : David L Richards
Download or read book Violence Against Women and the Law written by David L Richards and published by Routledge. This book was released on 2015-11-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Domestic Violence in International Context by : Diana Scharff Peterson
Download or read book Domestic Violence in International Context written by Diana Scharff Peterson and published by Routledge. This book was released on 2016-12-19 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights and Gender Violence by : Sally Engle Merry
Download or read book Human Rights and Gender Violence written by Sally Engle Merry and published by University of Chicago Press. This book was released on 2009-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legal Protection of Women From Violence by : Rashida Manjoo
Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2019-11-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legal Protection of Women From Violence by : Rashida Manjoo
Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2018-03-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Domestic Abuse and Human Rights by : Shazia Choudhry
Download or read book Domestic Abuse and Human Rights written by Shazia Choudhry and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Women, Intimate Partner Violence, and the Law by : Heather Douglas
Download or read book Women, Intimate Partner Violence, and the Law written by Heather Douglas and published by Oxford University Press, USA. This book was released on 2021 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"--
Book Synopsis The Istanbul Convention, Domestic Violence and Human Rights by : Ronagh McQuigg
Download or read book The Istanbul Convention, Domestic Violence and Human Rights written by Ronagh McQuigg and published by Routledge. This book was released on 2017-09-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Domestic Violence and the Law in Colonial and Postcolonial Africa by : Emily S. Burrill
Download or read book Domestic Violence and the Law in Colonial and Postcolonial Africa written by Emily S. Burrill and published by Ohio University Press. This book was released on 2010-08-15 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex. Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.
Book Synopsis Human Rights of Women by : Rebecca J. Cook
Download or read book Human Rights of Women written by Rebecca J. Cook and published by University of Pennsylvania Press. This book was released on 2012-03-10 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Understanding Domestic Violence as a Gender-based Human Rights Violation by : Jurgita Bukauskaite
Download or read book Understanding Domestic Violence as a Gender-based Human Rights Violation written by Jurgita Bukauskaite and published by Taylor & Francis. This book was released on 2023-04-14 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Violence Against Women's Health in International Law by : Juliette Pattinson
Download or read book Violence Against Women's Health in International Law written by Juliette Pattinson and published by . This book was released on 2020-06-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Domestic Violence Laws in the United States and India by : S. Goel
Download or read book Domestic Violence Laws in the United States and India written by S. Goel and published by Springer. This book was released on 2014-09-02 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Violence Laws in the United States and India is a comparative study of the domestic violence laws in India and the United States, seeking to illuminate the critical issues of intimate partner violence through the lenses of these two societies.
Book Synopsis DOMESTIC VIOLENCE AGAINST WOMEN by : Vitulia Ivone
Download or read book DOMESTIC VIOLENCE AGAINST WOMEN written by Vitulia Ivone and published by CEDAM. This book was released on 2019-12-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Violence against women's health in international law by : Sara De Vido
Download or read book Violence against women's health in international law written by Sara De Vido and published by Manchester University Press. This book was released on 2020-06-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women’s health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women’s rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women’s health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women’s autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal ‘inter-personal’, and vertical ‘state policies’. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States’ obligations and eventually asks whether international law itself is the ultimate cause of violence against women’s health.
