Report Of The Special Rapporteur On Violence Against Women Its Causes And Consequences Ms Radhika Coomaraswamy In Accordance With Commission On Human Rights Resolution 1997 44
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| 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.
| 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.
| 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.
| Author | : Hannah Baumeister |
| Publisher | : Routledge |
| Total Pages | : 209 |
| Release | : 2018-06-04 |
| Genre | : Law |
| ISBN | : 1351619217 |
From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Sexualised Crimes, Armed Conflict and the Law draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.
| Author | : Jessica Elliott |
| Publisher | : Routledge |
| Total Pages | : 290 |
| Release | : 2014-10-24 |
| Genre | : Law |
| ISBN | : 1135071691 |
Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims. Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine. By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.
| Author | : María Fernanda Pérez Solla |
| Publisher | : McFarland |
| Total Pages | : 249 |
| Release | : 2006-03-17 |
| Genre | : Social Science |
| ISBN | : 0786423250 |
It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.
| Author | : W. Mulligan |
| Publisher | : Springer |
| Total Pages | : 392 |
| Release | : 2013-05-23 |
| Genre | : History |
| ISBN | : 113703260X |
The abolition of slavery across large parts of the world was one of the most significant transformations in the nineteenth century, shaping economies, societies, and political institutions. This book shows how the international context was essential in shaping the abolition of slavery.
| Author | : Maria Eriksson |
| Publisher | : BRILL |
| Total Pages | : 624 |
| Release | : 2011-10-28 |
| Genre | : Law |
| ISBN | : 9004225951 |
The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.
| Author | : Yonas Girma Adimassu |
| Publisher | : Anchor Academic Publishing (aap_verlag) |
| Total Pages | : 162 |
| Release | : 2015-08-03 |
| Genre | : Social Science |
| ISBN | : 3954899639 |
Abstract The FDRE constitution has established ethnic federal arrangement in one hand and incorporates everyone’s right to freedom of movement and residence everywhere within Ethiopian territory on the other. Besides this, ethnic self determination has established as a cornerstone of the federal system. But, there is no any single study has conducted to look at the practical serene coexistence of Ethiopian federal system and the right to freedom of movement and residence. Thus, the main issue addressed in this paper is whether the federal system has implemented properly in congruent with the right to freedom of movement and residence of individuals in Ethiopia. The thesis has also tried to explore whether the institutions put in place to safeguard the right to freedom of movement and residence has worked efficiently and effectively by way of giving the required remedy in case of violation. In doing so the writer has analyzed cases with integrating interview responses as well as explores other countries experiences. After conducting serious analysis, the writer has, eventually, reached to the following findings: ethnic federal setup of Ethiopia has practically negative implication on the right to freedom of movement and residence; ethnic based political parties are also responsible for the violation due to their contribution to the increasing ethnic consciousness of the society. Governmental safeguard institutions are not properly safeguarding this right from the pitfall of Ethiopian ethnic federal system; Misuse of ethnicity for political game by the ruling EPRDF party has aggravated the impact of ethnic federal system on the violation of such freedom.
| Author | : Elizabeth Bernstein |
| Publisher | : University of Chicago Press |
| Total Pages | : 317 |
| Release | : 2019-01-01 |
| Genre | : Social Science |
| ISBN | : 022657380X |
Brokered Subjects digs deep into the accepted narratives of sex trafficking to reveal the troubling assumptions that have shaped both right- and left-wing agendas around sexual violence. Drawing on years of in-depth fieldwork, Elizabeth Bernstein sheds light not only on trafficking but also on the broader structures that meld the ostensible pursuit of liberation with contemporary techniques of power. Rather than any meaningful commitment to the safety of sex workers, Bernstein argues, what lies behind our current vision of trafficking victims is a transnational mix of putatively humanitarian militaristic interventions, feel-good capitalism, and what she terms carceral feminism: a feminism compatible with police batons.
