Author: Maria Sjöholm Publisher: ISBN: 9783031158674 Category : Languages : en Pages : 0
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: Maria Sjöholm Publisher: Springer Nature ISBN: 3031158660 Category : Law Languages : en Pages : 370
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: Bharat H. Desai Publisher: Springer Nature ISBN: 981190894X Category : Law Languages : en Pages : 296
Book Description
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).
Author: Lutz Oette Publisher: Oxford University Press ISBN: 0198885768 Category : Law Languages : en Pages : 369
Book Description
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.
Author: Jane Bailey Publisher: Emerald Group Publishing ISBN: 1839828501 Category : Social Science Languages : en Pages : 509
Book Description
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
Author: Anja Mihr Publisher: Springer ISBN: 3319600931 Category : Political Science Languages : en Pages : 89
Book Description
This book introduces Cyber Justice as a viable approach for promoting good governance based on human rights norms in the internet. The author defines cyberspace as a borderless public space without common rules or government control mechanisms that protect and foster people’s activities within that space. In light of the growing scope of communications and interactions in the internet, the author shows how human rights and governance regimes can be adapted to cyberspace in order to ensure more accountability, transparency and interaction among those who use the internet and those who manage and provide internet services. This book will be of interest for scholars and policymakers interested in establishing governance regimes for cyberspace that will enjoy the support and trust of all users.
Author: Daniel J Solove Publisher: NYU Press ISBN: 0814740375 Category : Computers Languages : en Pages : 295
Book Description
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Author: Amnesty International Publisher: ISBN: 9780862103491 Category : Abused women Languages : en Pages : 0
Book Description
This report investigates causes, forms and remedies. It explores the relationship between violence against women and poverty, discrimination and militarisation. It highlights the responsibility of the state, the community and individuals for taking action to end violence against women.
Author: Maria Sjöholm Publisher: Martinus Nijhoff Publishers ISBN: 9004343571 Category : Law Languages : en Pages : 775
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
Author: Maria Sjöholm
Author: Bharat H. Desai
Author: Lutz Oette
Author: Jane Bailey
Author: Anja Mihr
Author: Nieves Rico
Author: Daniel J Solove
Author: Amnesty International
Author: Maria Sjöholm