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Gender Sensitive Norm Interpretation By Regional Human Rights Law Systems
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Book Synopsis Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems by : Maria Sjöholm
Download or read book Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems written by Maria Sjöholm and published by Martinus Nijhoff Publishers. This book was released on 2017-09-25 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
Book Synopsis Consensus-Based Interpretation of Regional Human Rights Treaties by : Francisco Pascual-Vives
Download or read book Consensus-Based Interpretation of Regional Human Rights Treaties written by Francisco Pascual-Vives and published by BRILL. This book was released on 2019-07-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
Book Synopsis International Human Rights Law and Protection Against Gender-Based Harm on the Internet by : Maria Sjöholm
Download or read book International Human Rights Law and Protection Against Gender-Based Harm on the Internet written by Maria Sjöholm and published by Springer Nature. This book was released on 2022-10-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and – if they are recognised as such explicitly or by way of interpretation – the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former’s functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online – including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.
Book Synopsis Legal Issues of International Law from a Gender Perspective by : Ivana Krstić
Download or read book Legal Issues of International Law from a Gender Perspective written by Ivana Krstić and published by Springer Nature. This book was released on 2023-02-16 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
Book Synopsis Conceptualizing Femicide as a Human Rights Violation by : Hefti, Angela
Download or read book Conceptualizing Femicide as a Human Rights Violation written by Hefti, Angela and published by Edward Elgar Publishing. This book was released on 2022-06-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This thought-provoking book conceptualizes femicide as a multifaceted human rights violation and proposes state responsibility for group-related risks of violence against women and girls. In doing so, it reassesses the concept of femicide, analysing it in view of the crime of genocide, crimes against humanity, war crimes, as well as several facets of human rights.
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.
Book Synopsis Defending athletes, players, clubs and fans by : Daniel Rietiker
Download or read book Defending athletes, players, clubs and fans written by Daniel Rietiker and published by Council of Europe. This book was released on 2022-10-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key manual for human rights education and litigation in sport, in particular before the European Court of Human Rights. This essential book describes the scope and limits of the European Court of Human Rights’ role in resolving human rights disputes in sport, drawing on its own case law and other jurisdictions, notably the United States. It covers all aspects of the actual and potential application of human rights in sport as they relate to athletes, players, clubs and supporters. All those interested in the link between human rights education, strategic litigation and sport will find in this indispensable handbook the first comprehensive and explained summaries of the Court's case law in this area.
Book Synopsis The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol by : Patricia Schulz
Download or read book The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol written by Patricia Schulz and published by Oxford University Press. This book was released on 2023-03-02 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Book Synopsis Anti-Discrimination Law in Civil Law Jurisdictions by : Barbara Havelková
Download or read book Anti-Discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by Oxford University Press. This book was released on 2019-12-12 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.
Book Synopsis International Law and Violence Against Women by : Johanna Niemi
Download or read book International Law and Violence Against Women written by Johanna Niemi and published by Routledge. This book was released on 2020-02-20 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sexual Violence in Conflict by : Francis Chinedu Abara
Download or read book Sexual Violence in Conflict written by Francis Chinedu Abara and published by BrownWalker Press. This book was released on 2020-11-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The originality of this book rests in the application of the human security framework to analyze sexual and gender-based violence in conflict. The human security paradigm is concerned and centered on the individual's security threats holistically and is inclusive of both men and women in its agenda. The author argues that making a balanced narrative of sexual violence that includes both men and women as both victims and perpetrators could be a more effective means of preventing conflict-related sexual violence than when men are excluded. Another positive feature of the book rests in its analysis of the plights of victims and survivors of sexual violence during conflict and post-conflict situations. The author describes the devastating emotional and traumatic pain, the psychological agony, the health problems, stigmatization, and impoverishment that sexual violence causes victims and survivors. Moving beyond victims and survivors, the book also examines perpetrators of sexual violence and the questionable part played by a range of social actors. This book has taken on the challenge of interdisciplinary studies that draws upon and integrates evidence and concepts from peace and conflict studies, gender studies, law and human rights as well as sociology and psychology to offer a balanced and elucidatory narrative of the occurrence, perpetrations, impacts, as well as responses and actions required of the international community. It makes a convincing argument that sexual violence in conflict is prevalent and persistent, and that it is a global threat to human security. The subject matter is timely and the author's writing style is easy to follow without taking down the reader, making this book a suitable reading for students, academics as well as practitioners. REVIEWS and WORDS OF PRAISE Rev. Abara has produced a critically reflective and thought-provoking text documenting how and when sexual violence is used as a strategic weapon of war and poses a real threat to global security. This is an important book in ensuring that the mental, physical and economic health and diversity of the victims of sexual violence in conflict are central to developments in human security. --Professor Amanda J. Broderick, Vice-Chancellor & President, University of East London, UK Francis has taken on the challenge of writing an interdisciplinary book that draws upon and integrates evidence and concepts from peace and conflict studies, gender studies, law and human rights as well as sociology and psychology to offer a balanced and elucidatory narrative of the occurrence, perpetrations, impacts, as well as responses and actions required of the international community. --Professor Giorgia Donà, Co-director of the Centre for Migration, Refugees and Belonging, University of East London A highly relevant book that underlines contemporary issues facing the world today. In a clear and easy to follow style, the author provides a brilliantly insightful engagement in this complex topic. --Professor Wilson Ozuem, Arden University, UK Rev Francis Abara provides a fresh and comprehensive analysis into one of the greatest afflictions of our times - sexual violence in conflict. The horrific, long-term effects of the physical, emotional, economic, social and mental damage of sexual violence are laid bare. Importantly this book takes a gender inclusive approach and analyses the victimization of both women and men. --Dr Edna Maeyen Solomon, Senior Lecturer in Economics, University of Greenwich, London This book comprehensively presents a systematic analysis of sexual violence in conflict as a threat to global security which Rev. Abara has drawn from a wide range of sources and synthesized into cogent, coherent, and urgent arguments of global importance. Remarkably, this book is distinctive because it is devoid of prolixity and rhetoric but plainly expresses the social and political upheavals within which sexual violence is unleashed. --Dr Moses Itene, Doctor of International Law and Jurisprudence, University of Huddersfield
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 253 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 A History of Victims of Crime by : Stephen J. Strauss-Walsh
Download or read book A History of Victims of Crime written by Stephen J. Strauss-Walsh and published by Taylor & Francis. This book was released on 2023-05-19 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the evolution of the contemporary crime victim’s procedural place within modern Western societies. Taking the history of the Irish crime victim as a case study, the work charts the place of victims within criminal justice over time. This evolves from the expansive latitude that they had during the eighteenth century, to their major relegation to witness and informer in the nineteenth, and back to a more contemporary recapturing of some of their previous centrality. The book also studies what this has meant for the position of suspects and offenders as well as the population more generally. Therefore, some analysis is devoted to examining its impact on an offender’s right to fair trial and social forms. It is held that the modern crime victim has transcended its position of marginality. This happened not only in law, but as the consequence of the victim’s new role as a key sociopolitical stakeholder. This work flags the importance of victim rights conferrals, and the social transformations that engendered such trends. In this way victim re-emergence is evidenced as being not just a legal change, but a consequence of several more recent sociocultural transformations in our societies. The book will be of interest to researchers, academics, and policy makers in criminal law, human rights law, criminology, and legal history.
Download or read book Consent written by Laurie James-Hawkins and published by Taylor & Francis. This book was released on 2023-11-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the concept of consent in different contexts with the aim of exploring the nuances of what consent means to different people and in different situations. While it is generally agreed that consent is a fluid concept, legal and social attempts to explain its meaning often centre on overly simplistic, narrow and binary definitions, viewing consent as something that occurs at a specific point in time. This book examines the nuances of consent and how it is enacted and re-enacted in different settings (including online spaces) and across time. Consent is most often connected to the idea of sexual assault and is often viewed as a straight-forward concept and one that can be easily explained. Yet there is confusion among the public, as well as among academics and professionals as to what consent truly is and even the degree to which individuals conceptualise and act on their own ideas about consent within their own lives. Topics covered include: consent in digital and online interactions, consent in education, consent in legal settings and the legal boundaries of consent, and consent in sexual situations including sex under the influence of substances, BDSM, and kinky sex. This book will appeal to students and scholars interested in issues of consent from the social sciences, gender theory, feminist studies, law, psychology, public health, and sexuality studies.
Book Synopsis Rescuing Human Rights by : Hurst Hannum
Download or read book Rescuing Human Rights written by Hurst Hannum and published by Cambridge University Press. This book was released on 2019-02-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on understanding human rights as they really are and their proper role in international affairs.
Book Synopsis The Crucifixion of Jesus by : David Tombs
Download or read book The Crucifixion of Jesus written by David Tombs and published by Taylor & Francis. This book was released on 2022-11-28 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman crucifixions sought to degrade and dehumanise their victims in ways that destroyed their dignity and stigmatised their memory. Paul speaks of the cross as a ‘scandal’ or ‘stumbling block’, but the significance of this language has never been explored in terms of sexual violence. The Crucifixion of Jesus examines crucifixion as a form of torture, state terror, and sexual abuse. It reads recent accounts of torture alongside the presentation of crucifixion in the Passion narratives and other Greek and Roman sources. Outlining compelling reasons for viewing Jesus as a victim of sexual abuse, it examines why this unsettling aspect of the narrative has remained ‘hidden in plain sight’ for so long, and what place it might have in discussions of rape culture past and present. It also asks whether other acts of sexual violence and rape might have happened during the mockery in the praetorium, or even on the cross itself. It argues that although the acknowledgement of this ‘unspeakable violence’ is deeply disturbing, breaking the silence can nonetheless have constructive consequences. In addition to offering a more historical understanding of crucifixion, this book illuminates positive new aspects of resurrection, making it a probing read for scholars of biblical studies and for those interested in the interplay of religion and violence.
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.
