Search Results for international-human-rights-law-and-domestic-violence

The Effectiveness of International Human Rights Law Ronagh J.A. McQuigg ... However, such a strategy would not be as effective in relation to the issue of domestic violence. In a traditional' human rights case, the court would simply ...

Author: Ronagh J.A. McQuigg

Publisher: Taylor & Francis

ISBN: 9781136742088

Category: Law

Page: 192

View: 522

This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue 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. The book 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
2011-04-06 By Ronagh J.A. McQuigg

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.

Author: Bonita Meyersfeld

Publisher: Bloomsbury Publishing

ISBN: 9781847315724

Category: Law

Page: 368

View: 397

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-).
2010-03-23 By Bonita Meyersfeld

Universal Periodic Review in Practice Gayatri H. Patel. provided to victims of domestic violence also before any complaint was made to the police'.139 New Zealand, Iraq, and Vanuatu provided a different response, and issued an A5 ...

Author: Gayatri H. Patel

Publisher: Routledge

ISBN: 9781351235082

Category: Law

Page: 258

View: 309

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.
2019-12-18 By Gayatri H. Patel

1497. 142 R. Copelon, 'Recognizing the Egregious in the Everyday: Domestic Violence as Torture' (1994) 25 Colum. Hum. Rts. L. Rev. 291, at 295–296. 143 Gallagher, 'Ending the Marginalization', 290; Binion, 'Human Rights: A Feminist ...

Author: Alice Edwards

Publisher: Cambridge University Press

ISBN: 9781139494854

Category: Political Science


View: 526

Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.
2010-12-23 By Alice Edwards

HUMAN. RIGHTS. LENS. Jane. Freedman. Introduction Whilst it might seem clear to many today that domestic violence is an abuse of the human rights of its victims, for a long time, international human rights law was deemed inappropriate ...

Author: John Devaney

Publisher: Routledge

ISBN: 9781000358421

Category: Social Science

Page: 800

View: 279

This book makes an important contribution to the international understanding of domestic violence and shares the latest knowledge of what causes and sustains domestic violence between intimate partners, as well as the effectiveness of responses in working with adult and child victims, and those who act abusively towards their partners. Drawing upon a wide range of contemporary research from across the globe, it recognises that domestic violence is both universal, but also shaped by local cultures and contexts. Divided into seven parts: • Introduction. • Theoretical perspectives on domestic violence and abuse. • Domestic violence and abuse across the life-course. • Manifestations of domestic violence and abuse. • Responding to domestic violence and abuse. • Researching domestic violence and abuse. • Concluding thoughts. It will be of interest to all academics and students working in social work, allied health, sociology, criminology and gender studies as well as policy professionals looking for new approaches to the subject.
2021-03-18 By John Devaney

Popa R, 'Using the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence ... A Feminist Critique of the Public/Private Distinction in International Human Rights Law', in Rebecca Cook (ed.) ...

Author: Ayşe Güneş

Publisher: Routledge

ISBN: 9781000297911

Category: Law

Page: 286

View: 790

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.
2020-12-21 By Ayşe Güneş

Criminalising Coercive Control: Family Violence and the Criminal Law, 2020, Springer, Singapore. McQuigg R.J.A., International Human Rights Law and Domestic Violence, 2011, Routledge, Abingdon. McQuigg R.J.A., 'A contextual analysis of ...

Author: Ronagh J.A. McQuigg

Publisher: Taylor & Francis

ISBN: 9781000779318

Category: Social Science

Page: 81

View: 576

This book provides a detailed exploration of the responses of the criminal justice system to domestic abuse in Northern Ireland. The book’s primary focus is on developments which have taken place since around 2010, and in particular since the restoration of the Northern Ireland Assembly in January 2020 after a three year suspension. The book includes discussion of the increased levels of domestic abuse in Northern Ireland in the context of the COVID-19 pandemic, and analyses the ways in which the criminal justice system responded. In addition, the book includes in-depth discussion of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which had the effect of criminalising coercive control, and the implications of this legislation for Northern Ireland’s response to domestic abuse. The book will be of great interest to academics and researchers from a wide variety of disciplines, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology; as well as practitioners and those in the voluntary sector who are working in the area of combating domestic abuse. It can also be used on courses at both undergraduate and postgraduate levels which incorporate the topic of domestic abuse.
2022-08-22 By Ronagh J.A. McQuigg

Relevant international human rights law on domestic violence The CEDAW Committee has established that violence against women violates the principle of nondiscrimination and equality enumerated in the Convention.91 A state's ...


Publisher: Human Rights Watch




View: 538


Legal Responses to Intimate Partner Homicides by Men in Victoria 2005–2014. Melbourne: Domestic Violence Resource Centre Victoria. McQuigg, Ronagh. 2011. International Human Rights Law and Domestic Violence: The Effectiveness of ...

Author: Evelyn Rose

Publisher: Routledge

ISBN: 9781000527315

Category: Family & Relationships

Page: 216

View: 374

Domestic Violence as State Crime presents a provocative challenge to the way that domestic violence is understood and addressed. Underpinned by a radical feminist perspective, the central argument of this book is that domestic violence against women constitutes a patriarchal state crime. By analysing the international, collective, structural, and institutional dimensions of this harm, the author outlines a spectrum of state complicity ranging from passive bystander to active producer, participant, and perpetrator. The wide-ranging analysis in this book draws on data from comparable liberal-democratic contexts including Australia, the United States, and the United Kingdom, in order to comprehensively show how domestic violence state criminality functions in practice – even in the present and in supposedly progressive contexts. This analysis provides valuable insight into why this epidemic-scale crime is ever resistant to a diversity of contemporary interventions. Drawing its concepts into a cohesive whole, the book then posits an overarching feminist typological theory of domestic violence as state crime. It also considers how domestic violence might be addressed if we confront its state crime dimensions and adopt a more holistic and transformative approach to remedy, redress, prevention, and justice. An accessible and compelling read, Domestic Violence as State Crime offers an innovative scholarly and activist contribution to the study of violence against women, feminism, criminology, and the broader critical study of law, politics, and society. It will appeal to anyone who is interested in thinking differently about domestic violence and the state.
2021-12-31 By Evelyn Rose

administrative law implemented. This throws up the question as to how the Dutch legal framework relates to international human rights law in this field. INTERNATIONAL HUMAN RIGHTS LAW AND DOMESTIC VIOLENCE In formulating the many ...

Author: Barbara Oomen

Publisher: Cambridge University Press

ISBN: 9781107729650

Category: Political Science

Page: 256

View: 226

Rights for Others is an empirical study of what happens when international human rights are applied domestically in The Netherlands. It tracks recent debates in Dutch society on citizenship and the rights of immigrants, and analyses the shift from the perception of human rights as a 'foreign policy concern' to the slow processes of homecoming in what has traditionally been a left-wing society, but now includes many more right-wing political parties. Adopting an interdisciplinary approach, Oomen combines insights from law, sociology and anthropology to explain how rights gain significance in framing social and political discussions. The book provides comprehensive coverage on relevant constitutional law, legal culture and rights realization as well as discussing case material on human rights education, polarization, socio-economic rights, domestic violence and the rights of minorities. This is an invaluable contribution to the global fields of human rights and socio-legal studies for scholars and researchers.
2013-11-28 By Barbara Oomen