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|'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 t 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 t 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 rm 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, automy 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-).|
|Publisher||Bloomsbury Publishing PLC|
|Date of Publication||14/03/2012|
|Subject||International Law: Professional|
|Place of Publication||Oxford|
|Country of Publication||United Kingdom|
|Table Of Contents||1 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: 2000-09 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 2005-06: Resolutions and Action by the Office of the High Commissioner for Human Rights 2001-08: Resolutions of the Commission on Human Rights and the Human Rights Council 2004-09: Further General Assembly Resolutions 2006-08: Work of the Secretary-General 2000-09: 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 2 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 3 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 Justificat|
|Author Biography||Bonita Meyersfeld is an international human rights lawyer, specialising in violence, gender and business and human rights. She is currently associate professor at the University of Witwatersrand School of Law and managing editor of the South African Journal of Human Rights. She is a founding member and executive director of Lawyers against Abuse.|