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.

Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Sexual and Gender Based Violence in International Law written by Bharat H. Desai and published by Springer Nature. This book was released on 2022-06-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors. The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).

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.

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-).

Download or read book Women and International Human Rights in Modern Times written by Celorio, Rosa and published by Edward Elgar Publishing. This book was released on 2022-01-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.

Download or read book The Transformation of the Prohibition of Torture in International Law written by Lutz Oette and published by Oxford University Press. This book was released on 2024-06-04 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

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.--

Download or read book The Emerald International Handbook of Technology Facilitated Violence and Abuse written by Jane Bailey and published by Emerald Group Publishing. This book was released on 2021-06-04 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ebook edition of this title is Open Access and freely available to read online This handbook features theoretical, empirical, policy and legal analysis of technology facilitated violence and abuse (TFVA) from over 40 multidisciplinary scholars, practitioners, advocates, survivors and technologists from 17 countries

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.

Download or read book Gender matters 2nd ed written by Anca-Ruxandra Pandea and published by Council of Europe. This book was released on 2020-02-24 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender-based violence undermines the core values of human rights on which the Council of Europe is based and to which its member states have subscribed Gender-based violence refers to any type of harm that is perpetrated against a person or group of people because of their actual or perceived sex, gender, sexual orientation and/or gender identity. Gender-based violence can be sexual, physical, verbal, psychological (emotional), or socio-economic and it can take many forms – from verbal violence and hate speech on the internet, to rape or murder. Statistics show that gender-based violence affects women disproportionately. Gender-based violence undermines the core values of human rights on which the Council of Europe is based and to which its member states have subscribed. It is a problem in all member states and affects millions of women and men, young people and children, regardless of their social status, cultural or religious background, sexual orientation or gender identity. Preventing, addressing and combating gender-based violence are intrinsic to human rights education, youth work and non-formal learning activities which support young people on their path to autonomy as active citizens, mindful of everyone’s human rights. The issues that are addressed through this work are all relevant to young people’s lives, and they relate directly to the world in which young people live. Gender Matters is a manual to address gender-based violence with young people. It provides insights into gender and gender-based violence, background information to key social, political and legal issues and, especially, educational activities and methods for education and training activities with young people. Gender Matters should be used as a practical resource in guiding young people to become more aware of their own actions and the actions of others. It contributes to a better understanding of how to stay safe and secure and how to support those who have experienced violence in their lives. It will not suffice to eradicate gender-based violence. However it is a necessary and urgent step towards dignity for all.

Download or read book Due Diligence and Its Application to Protect Women from Violence written by Carin Benninger-Budel and published by BRILL. This book was released on 2008-10-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume analyse the effectiveness of the due diligence standard as well as other strategies to prevent and respond to violence against women by non-state actors taking into account contemporary problems that pose threats to women’s rights.

Download or read book Intimate Partner Violence Risk and Security written by Kate Fitz-Gibbon and published by Routledge. This book was released on 2018-06-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses intimate partner violence, risk and security as global issues. Although intimate partner violence, risk and security are intimately connected they are rarely considered in tandem in the context of global security. Yet, intimate partner violence causes widespread physical, sexual and/or psychological harm. It is the most common type of violence against women internationally and is estimated to affect 30 per cent of women worldwide. Intimate partner violence has received significant attention in recent years, animating political debate, policy and law reform as well as scholarly attention. In bringing together a range of international experts, this edited collection challenges status quo understandings of risk and questions how we can reposition the risk of IPV, and particularly the risk of IPH, as a critical site of global and national security. It brings together contributions from a range of disciplines and international jurisdictions, including from Australia and New Zealand, United Kingdom, Europe, United States, North America, Brazil and South Africa. The contributions here urge us to think about perpetrators in more nuanced and sophisticated ways with chapters pointing to the structural and social factors that facilitate and sustain violence against women and IPV. Contributors point out that states not only exacerbate the structural conditions producing the risks of violence, but directly coerce and control women as both citizens and non-citizens. States too should be understood as collaborators and facilitators of intimate partner violence. Effective action against intimate partner violence requires sustained responses at the global, state and local levels to end gender inequality. Critical to this end are environmental issues, poverty and the divisions, often along ‘race’ and ethnic lines, underpinning other dimensions of social and economic inequality.

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 437 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.

Download or read book Reproductive Violence and International Criminal Law written by Tanja Altunjan and published by Springer Nature. This book was released on 2021-03-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.

Download or read book Women s Human Rights written by Susan Deller Ross and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Download or read book Women and International Human Rights Law written by Kelly Dawn Askin and published by Martinus Nijhoff Publishers. This book was released on 2024-02-12 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: For in-depth coverage of gender issues in human rights law, from theory and cultural practices to legal instruments and the case law of international tribunals, this major three-volume work is without peer. More than 100 leading authorities in the field offer trenchant analyses of problems and solutions, crimes and abuses, available recourses, areas of empowerment -- the entire spectrum of women's rights, discussed at a level of detail and legal awareness unavailable in any other single source. Published under the Transnational Publishers imprint. The print edition is available as a set of three volumes (9781571050946).