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    Domestic Violence and International Law

    ISBN-10: 1849463573
    ISBN-13: 9781849463577
    Author(s): Bonita Meyersfeld
    Description: '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  More...
    Buy it from: $53.81
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    Publisher: Hart Publishing Limited
    Binding: Paperback
    Pages: 368
    Size: 6.25" wide x 9.00" long x 1.00" tall
    Weight: 1.188
    Language: English

    '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-).

    Domestic Violence as a Violation of International Human Rights Law
    Introduction
    Sources of International Law
    Complexities of Customary International Law
    The Elements of Customary International Law
    Traditional Theories of Customary International Law
    Contemporary Theories of Customary International Law
    Applying Customary International Law to Domestic Violence
    Traditional Theories of Customary International Law
    Contemporary Theories of Customary International Law
    Is there an Emerging Norm Prohibiting Domestic Violence?
    Women's Rights in International Law
    Historical Overview Violence against Women in International Law
    Historical Overview Domestic Violence in International Law
    Historical Overview and Status Quo: 1946
    2000 1946: Commission on the Status of Women 1979: CEDAW 1979: CEDAW Committee 1985: UN Resolution 1990: UN Resolution 1992: CEDAW Committee General Recommendation 19 1994: DEVAW 1995: Beijing Platform for Action Domestic Violence in International Law
    Historical Overview and Status Quo: 200009 2000
    The CEDAW Optional Protocol 2000: UN General Comment No 28 2004: General Assembly Resolution on the Elimination of Domestic Violence against Women 1994 2009
    Reports of the Special Rapporteur on violence against women, its causes and consequences 200506
    Resolutions and Action by the Office of the High Commissioner for Human Rights 200108
    Resolutions of the Commission on Human Rights and the Human Rights Council 200409
    Further General Assembly Resolutions 200608
    Work of the Secretary-General 200009
    Work of the Treaty Monitoring Bodies
    The Approach of Regional Human Rights Law and Bodies to Domestic Violence
    Inter-American System
    European System
    African System
    Specification of Certain Forms of Violence against Women in International Law
    Mass Rape Female Genital Cutting Trafficking
    The Writings of Respected Authors and Scholars
    The Distinction between Public and Private The State's Role Cultural Relativism Discrimination and Violence
    Conclusion
    Freedom from Systemic Intimate Violence: The Human Right and Corresponding State Obligation
    The Substance of the Right Exploring the Internationalising Elements of Domestic Violence
    The Elements of Systemic Intimate Violence
    Severe Acts of Emotional or Physical Harm Continuum of Harm Between
    Intimates Group Vulnerability of Women
    The Failure of the State to Help Moving from an Emerging Norm to a Right in International Law
    Steps Needed in International Law
    The First Step: The Enunciation of a Specific Legal Right
    The Second Step: Political Consequences of Domestic Violence
    The Third Step: Bringing Domestic Violence into the Remit of Non-Gender-Specific Human Rights Bodies
    Good Governance Practices: What States Should Do to Protect Against Systemic Intimate Violence
    Legislative Steps Anti-discrimination Provisions Acts of Violence
    Continuum of Harm Relationship Criminal v Civil Sanctions
    Balancing Civil and Criminal Sanctions
    The Protection Order Compensation and Damages
    Evidence and Burden of Proof Labour Laws
    Murder by Victims Fair Procedure and Rules of Justice Remedies and the Provision of Services Police Protection and Implementation of the Law Statutory Obligation to Protect Training Specialised Units
    Female Officers Data and Inter-departmental Communication Police Powers
    Judiciary and Judicial Agents
    Knowledge of Rights
    Shelters Emergency and Long-term Health and Economic Well-being Statistics
    Indicators and Budget National Action Plans
    Conclusion
    State Responsibility in Relation to Systemic Intimate Violence
    Principles of State Responsibility Background
    Who are the Subjects of International Law?
    Doctrine of Denial of Justice Is a State Responsible for the Actions of Non-State Actors?
    Elements of State Responsibility and their Application to Systemic Intimate
    Violence Conduct Element
    Wrongfulness Element Circumstances Precluding
    Wrongfulness Application of the Justification
    Principles to Systemic Intimate Violence
    Competing Values: Privacy Fault and Knowledge Role of the Judiciary
    Consequences of an Internationally Wrongful Act
    Conclusion
    The Benefits of International Law for Victims of Systemic Intimate Violence
    Non-coercive Compliance Theory
    The Great Debate: Is International Law Effective?
    Suspicion of International Law in Brief Support of International Law in Brief
    The Multi-Faceted Process of International Law
    Norm Infiltration Symbiotic Relationship between National and International Law
    Deficiency Not Nugatory Proliferation of Actors Facilitating Compliance with International Law
    Functions of International Human Rights Law in respect of Violence against Women
    International Law Leading to Change: The Expressive and Implementing Functions
    How International Law Changed the Legal Response to Mass Rape
    How International Law Changed the Legal Response to Enforced Disappearances
    How International Law Changed the Legal Response to FGC
    How International Law has Already Changed the Legal Response to Asylum and Domestic Violence
    Non-coercive Compliance Theory in respect of Systemic Intimate Violence Before DEVAW After DEVAW
    Domestic Violence in Mexico Before and After DEVAW
    Domestic Violence in Nicaragua Before and After DEVAW
    Domestic Violence in Sweden Before and After DEVAW
    General Examples of Improvements in Domestic Violence Laws and Policies
    Conclusion

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