Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems

Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems
Author: Maria Sjöholm
Publisher: Martinus Nijhoff Publishers
Total Pages: 775
Release: 2017-09-25
Genre: Law
ISBN: 9004343571

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.

Making Human Rights a Reality

Making Human Rights a Reality
Author: Emilie Hafner-Burton
Publisher: Princeton University Press
Total Pages: 294
Release: 2013-03-24
Genre: Law
ISBN: 0691155364

Includes bibliographical references (pages 199-265) and index.

The Search for Justice

The Search for Justice
Author: Kumari Jayawardena
Publisher: Zubaan
Total Pages: 291
Release: 2016-11-21
Genre: Political Science
ISBN: 9385932144

The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of knowledge on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. The essays in this volume examine history and contemporary politics to understand the root causes of sexual violence in Sri Lanka. They look at the polarization created around ethnic and linguistic identities during the three-decades of ethnic conflict, but also scrutinize the routine violence of communities towards their own women in daily life. The authors argue that in this transitional post-war phase, Sri Lankan women must not only be treated as victims, but as agents of change. The writers highlight a hitherto unaddressed aspect of sexual violence: that of the structures that enable impunity on the part of perpetrators, be they security personnel and paramilitary forces, members of armed rebel groups, gangs, local politicians and police or ordinary citizens including close family members. They demonstrate how impunity for perpetrators is both a failure of the formal justice process and a product of individual, community and social conditions and indeed the choices that victims and families make that promote silence over truth. At the end of more than a quarter century of conflict that has left some 100,000 dead, 50,000 women-headed households struggling to survive, as well as countless victims and survivors of sexual violence, the calls for justice can no longer be ignored.

Defining Human Trafficking and Identifying Its Victims

Defining Human Trafficking and Identifying Its Victims
Author: Venla Roth
Publisher: Martinus Nijhoff Publishers
Total Pages: 379
Release: 2011-12-09
Genre: Law
ISBN: 9004209247

This book offers a comprehensive analysis of the legal framework against trafficking in human beings and examines why anti-trafficking strategies and activities have proved to be more ineffective and unsuccessful than anticipated on the international level and specifically in Finland.

Women and International Human Rights Law

Women and International Human Rights Law
Author: Gayatri Patel
Publisher: Routledge
Total Pages: 191
Release: 2019-12-06
Genre: Law
ISBN: 1351235087

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.

Wartime Sexual Violence at the International Level: A Legal Perspective

Wartime Sexual Violence at the International Level: A Legal Perspective
Author: Caterina E. Arrabal Ward
Publisher: BRILL
Total Pages: 272
Release: 2018-07-10
Genre: Law
ISBN: 9004360085

In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.

International Criminal Procedure

International Criminal Procedure
Author: Göran Sluiter
Publisher: OUP Oxford
Total Pages: 1720
Release: 2013-03-21
Genre: Law
ISBN: 0191632597

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Conflicted Democracies and Gendered Violence

Conflicted Democracies and Gendered Violence
Author: Angana P. Chatterji
Publisher: Zubaan
Total Pages: 288
Release: 2016-11-04
Genre: Social Science
ISBN: 938593211X

The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of research on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. The essays in this volume focus on Nepal, which though not directly colonized, has not remained immune from the influence of colonialism in its neighbourhood. In addition to home-grown feudal patriarchal structures, the writers in this volume clearly demonstrate that it is the larger colonial and post-colonial context of the subcontinent that has enabled the structuring of inequalities and power relations in ways that today allow for widespread sexual violence and impunity in the country - through legal systems, medical regimes and social institutions. The period after the 1990 democratic movement, the subsequent political transformation in the aftermath of the Maoist insurgency and the writing of the new constitution, has seen an increase in public discussion about sexual violence. The State has brought in a slew of legislation and action plans to address this problem. And yet, impunity for perpetrators remains intact and justice elusive. What are the structures that enable such impunity? What can be done to radically transform these? How must States understand the search for justice for victims and survivors of sexual violence? The essays in this volume attempt to trace a history of sexual violence in Nepal, look at the responses of women's groups and society at large, and suggest how this serious and wide-ranging problem may be addressed.