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Author: Rashida Manjoo
Publisher: Routledge
ISBN: 1351732838
Category : Law
Languages : en
Pages : 194
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Book Description
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: Rashida Manjoo
Publisher: Routledge
ISBN: 1351732838
Category : Law
Languages : en
Pages : 194
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Book Description
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: Laurence Burgorgue-Larsen
Publisher: OUP UK
ISBN: 0199588783
Category : Law
Languages : en
Pages : 948
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Book Description
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Author: Laurence BURGORGUE-LARSEN
Publisher: Oxford University Press
ISBN: 0192699253
Category : Law
Languages : en
Pages : 577
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Book Description
At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted—a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.
Author: Anne Hellum
Publisher: Cambridge University Press
ISBN: 110727673X
Category : Political Science
Languages : en
Pages : 699
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Book Description
As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.
Author: Alejandro Anaya-Muñoz
Publisher: University of Pennsylvania Press
ISBN: 0812251075
Category : Political Science
Languages : en
Pages : 344
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Book Description
Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and Barbara Frey, the "war on drugs" launched in 2006 by President Felipe Calderón and the corrupting influence criminal organizations have on public institutions have empowered both state and nonstate actors to operate with impunity. Impunity, they argue, is the root cause that has enabled a human-rights crisis to flourish, creating a climate of generalized violence that is carried out, condoned, or ignored by the state and precluding any hope for justice. Mexico's Human Rights Crisis offers a broad survey of the current human rights issues that plague Mexico. Essays focus on the human rights consequences that flow directly from the ongoing "war on drugs" in the country, including violence aimed specifically at women, and the impunity that characterizes the government's activities. Contributors address the violation of the human rights of migrants, in both Mexico and the United States, and cover the domestic and transnational elements and processes that shape the current human rights crisis, from the state of Mexico's democracy to the influence of rulings by the Inter-American Court of Human Rights on the decisions of Mexico's National Supreme Court of Justice. Given the scope, the contemporaneity, and the gravity of Mexico's human rights crisis, the recommendations made in the book by the editors and contributors to curb the violence could not be more urgent. Contributors: Alejandro Anaya-Muñoz, Karina Ansolabehere, Ariadna Estévez, Barbara Frey, Janice Gallagher, Rodrigo Gutiérrez Rivas, Susan Gzesh, Sandra Hincapié, Catalina Pérez Correa, Laura Rubio Díaz-Leal, Natalia Saltalamacchia, Carlos Silva Forné, Regina Tamés, Javier Treviño-Rangel, Daniel Vázquez, Benjamin James Waddell.
Author: Carin Benninger-Budel
Publisher: BRILL
ISBN: 9004180885
Category : Law
Languages : en
Pages : 312
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Book Description
Under international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women’s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.
Author: Dinah Shelton
Publisher: Oxford University Press, USA
ISBN: 0199744742
Category : Language Arts & Disciplines
Languages : en
Pages : 1197
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Book Description
The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern. In this book, Dinah Shelton examines the development of regional organizations and the role that human rights plays in them. It examines in particular the question of what human rights obligations states assume upon joining the regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations. This work is the first devoted to the European, Inter-American and African systems for the protection of human rights. It also discusses the prospects for regional systems in the Middle East and Asia. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. The book aims to expose the readers to the basic documents of each system and their inter-relationships, to enable the audience to apply those documents to ever-changing fact situations, and to alert them to the dynamic nature of regional human rights law and institutions. It also seeks to relate regional systems to national law and to the global system for the protection of human rights. Regional Protection of Human Rights illustrates how international human rights law is interpreted and implemented. The selections offer examples of political, economic and social problems as well as legal issues to show the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of the regions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It will also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
Author: Cristina Motta
Publisher: Springer Science & Business Media
ISBN: 9400761996
Category : Law
Languages : en
Pages : 333
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Book Description
Translated and updated from the seminal Spanish text on legal decisions affecting gender and sexuality in Latin America, this English edition is the only law text to focus specifically on the rights of lesbians, gays, bisexuals and the transgender population in addition to women’s rights more broadly. The volume provides close analysis of some of the most important decisions made by Latin American national courts, as well as those made by international legal bodies, that affect the rights and interests of these groups. Specially selected for their depth of argument and value as exemplars, the studies of good legal practice chart the path of the region’s normative values of justice as they have evolved away from a partial, and patriarchal, exercise of the law. They show how cases with vastly differing contexts such as, property rights and domestic violence have resulted in a mixed body of Latin American law. Some decisions are protective of women’s and minority rights. Some assess the wider social impacts of case law in which recognition of the discrete legal identities within households challenges established precepts, including religious ones. Other cases have been chosen as cautionary examples of bad decision-making and for the poverty of their legal debate. Updated to include the latest relevant jurisprudence from across the continent, this book is an informed, cohesive and comprehensive guide to understanding women’s and gender-based rights in Latin America.
Author: Chiara Dara
Publisher: Firenze University Press
ISBN: 8866555584
Category : Law
Languages : en
Pages : 156
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Book Description
Author: Stacy L. Mallicoat
Publisher: SAGE
ISBN: 1452217173
Category : Law
Languages : en
Pages : 393
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Book Description
This text provides a comprehensive and unique view into the world of women interacting with the criminal justice system.
