Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems PDF Download

Author: Maria Sjöholm
Publisher: Martinus Nijhoff Publishers
ISBN: 9004343571
Category : Law
Languages : en
Pages : 775

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Book Description
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.

Author: Maria Sjöholm
Publisher: Springer Nature
ISBN: 3031158660
Category : Law
Languages : en
Pages : 370

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Book Description
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.

Author: Ivana Krstić
Publisher: Springer Nature
ISBN: 3031134591
Category : Law
Languages : en
Pages : 237

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Book Description
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.

Author: Hefti, Angela
Publisher: Edward Elgar Publishing
ISBN: 1803920440
Category : Law
Languages : en
Pages : 336

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Book Description
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.

Author: Sara De Vido
Publisher: Manchester University Press
ISBN: 152612498X
Category : Law
Languages : en
Pages : 273

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Book Description
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.

Author: Daniel Rietiker
Publisher: Council of Europe
ISBN: 9287192359
Category : Political Science
Languages : en
Pages : 244

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Book Description
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.

Author: Patricia Schulz
Publisher: Oxford University Press
ISBN: 0192862812
Category : Law
Languages : en
Pages : 1041

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Book Description
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.

Author: Barbara Havelková
Publisher: Oxford University Press
ISBN: 0192594583
Category : Law
Languages : en
Pages : 414

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Book Description
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.

Author: Johanna Niemi
Publisher: Routledge
ISBN: 1000032531
Category : Law
Languages : en
Pages : 463

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Book Description
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.

Author: Francis Chinedu Abara
Publisher: BrownWalker Press
ISBN: 1599426080
Category : Social Science
Languages : en
Pages : 174

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Book Description
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