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