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Domestic Violence as an international human rights issue
Abstract
In this chapter I will discuss some of the methodological problems that the Human Rights Watch Women's Rights Project has encountered in addressing domestic violence against women. I have chosen to focus on domestic violence both because of the severity of the problem and because of the complexities of the legal and conceptual issues that arise in treating it as a human rights violation. By highlighting these complexities, I hope to illustrate how international human rights law can most effectively be used to combat domestic violence. The discussion will also have obvious relevance to other efforts to address de facto discrimination in the application of facially neutral criminal laws to private actors. © 1994 by the University of Pennsylvania Press. All rights reserved.
... Many have argued nonetheless that it is this dimension that can be useful to address the issues women face in the private sphere, particularly in relation to violence against women (e.g. Roth, 1994;Copelon, 1994). Roth (1994) argues that violence against women can be seen to be reinforcing the subjugation of women by acting as a form of social control. ...
... Roth, 1994;Copelon, 1994). Roth (1994) argues that violence against women can be seen to be reinforcing the subjugation of women by acting as a form of social control. In this sense, the human rights violation is caused by the systematic failure of a government to do something rather than something they have done. ...
... While writers such as Roth (1994) have shown how this may be achieved, in at least some cases heard under the ECHR when women's issues have been re-framed in terms of human rights issues and when the appropriate legal language has been employed (i.e. vertical/horizontal effect instead of public/private) this argument has already been accepted to some degree. ...
... Many have argued nonetheless that it is this dimension that can be useful to address the issues women face in the private sphere, particularly in relation to violence against women (e.g. Roth, 1994;Copelon, 1994). Roth (1994) argues that violence against women can be seen to be reinforcing the subjugation of women by acting as a form of social control. ...
... Roth, 1994;Copelon, 1994). Roth (1994) argues that violence against women can be seen to be reinforcing the subjugation of women by acting as a form of social control. In this sense, the human rights violation is caused by the systematic failure of a government to do something rather than something they have done. ...
... While writers such as Roth (1994) have shown how this may be achieved, in at least some cases heard under the ECHR when women's issues have been re-framed in terms of human rights issues and when the appropriate legal language has been employed (i.e. vertical/horizontal effect instead of public/private) this argument has already been accepted to some degree. ...
... IPV violates the victim's right to security of person, his or her right to bodily integrity, and sometimes, his or her right to life-all of which are violations of the person's human rights (Libal & Parekh, 2009). Over the last several decades many national, regional, and international bodies have framed IPV as a human rights issue in the United States and internationally (Amnesty International, 2005;Beasley & Thomas, 1994;Hawkins & Humes, 2002;Morgaine, 2009;Roth, 1994). The International Women's Rights Action Watch Asia Pacific, Center for Domestic Violence Prevention in Uganda, Coalition on Violence against Women-Kenya, and Women for Women's Human Rights/New Ways in Turkey are examples of organizations using a human rights framework in their work against IPV (Morgaine, 2009 ...
Chapter 4 applies principles from a rights-based approach to clinical practice to work with those who have experienced intimate partner violence (IPV). The problem of IPV is defined and framed within the context of human rights and selected prevalence data are summarized. The experiences of several special populations affected by IPV are highlighted (i.e., children and families; heterosexual male and LGBTQ survivors; and undocumented survivors). Relevant human rights mechanisms and tools are described and selected core principles and foundational considerations for clinical social workers working with IPV survivors are discussed. Rights-based recommendations and several key challenges for clinical practice with this population are presented. Attention to work with perpetrators (a commonly under-examined topic) is explored in this chapter, highlighting the value of conducting a holistic assessment and working with the complexities presented from a rights-based framework including with those perpetrators who may have been mandated to receive services. Restorative justice approaches are described and discussed, as an alternative model to addressing the problem of IPV. The chapter ends with suggested class activities and selected resources.
... In recent years domestic violence (DV), as one form of VAW, has been examined using a human rights framework with much of the accompanying dialogue centering on the applicability of international law to DV-primarily focusing on the debate regarding the so-called private nature of DV and how private, individual violence can be addressed through international law (Amnesty International, 2005;Beasley & Thomas, 1994;Coomaraswarmy, 2000;Hawkins & Humes, 2002;Levesque, 1999;Moore, 2003;Roth, 1994;Zorn, 1999). ...
Over the past 15-20 years there has been a dramatic increase in transnational social movements including the movement to eradicate violence against women. This paper examines the development of the transnational women's movement and the prioritizing of violence against women (VAW) as a universal women's agenda using the United Nations (U.N.) human rights conferences as a focal point. As one form of VAW, domestic violence (DV) has been placed into the human rights context by many organizations globally. The implications and possible limitations of universalizing a framework for DV are explored using salient examples from various areas of the world. It is suggested that the framing of DV as a human rights violation is relevant to social work in light of social work's role in the critical analysis of framing of social problems and the emergent movement in the United States for social work to become more internationally-focused.
... In the late 1980s, there was a growing recognition within and across women's movements that violence against women was a universal phenomenon that affected women in every region, even though the form it took differed from place to place (Carrillo, 1991;Heise, Pitanguy, & Germain, 1994). This was a pivotal element in the emergence of a renewed and far reaching feminist challenge to mainstream human rights concepts and practice (Engle Merry, 2002;Roth, 1994). When plans for a UN world conference on human rights were underway in the early 1990s, many questioned the failure of the international human rights community to date to address women's experiences, especially in relation to violence against women. ...
This article argues that global-level feminist advocacy in the 1990s has had a significant impact within feminist advocacy in the Republic of Ireland. An important manifestation of this is the growing engagement of groups in Ireland with women's human rights discourses in framing feminist claims in the domestic arena and the emergence of related transnational solidarity links. This article identifies six approaches to women's human rights advocacy in Ireland: human rights facilitating collective action, local–global solidarity and transformation; human rights as modes of (quasi) legal accountability; human rights as a framework for social, economic and gender justice; women's political participation as a human rights issue; human rights as a challenge to gendered racism; and women's bodily integrity as a human rights issue. The author argues that these developments reflect a new, outwardly oriented departure within the Irish women's movement. In addition to interviews with advocates and assessments of related activities, the article is informed by the author's involvement in women's human rights projects in Ireland and internationally.
Amnesty International's (AI) focus on civil and political rights has marked their work with a gender bias from the outset. In the first comprehensive look at AI's work on women's rights, Miriam Ganzfried illustrates the development of their activities regarding women's rights issues over twenty years. Through interviews with staff members and activists and unprecedented access to archive material from the Swiss and the German AI sections, she shows how women activists strategized to make AI increase its work on women's rights. Additionally, the book demonstrates that, despite the leadership's commitment to the Stop Violence Against Women campaign, internal resistance hampered the integration of women's rights into the organization's overall work.
Este comentario parte de exponer algunos conceptos centrales de la teoría feminista y de la teoría jurídica basada en esos conceptos, como la distinción sexo-género o la noción de patriarcado, que constituyen el marco en el que se inscribe el concepto de violencia de género. Desde estas nociones, se pasa a cuestionar la utilización que realiza F. Poggi de los estereotipos como elemento o parte constitutiva de los conceptos de género y violencia de género. En la segunda parte, se inicia con algunas consideraciones sobre los derechos humanos de las mujeres, marco desde el que se analizan las críticas de Poggi a las nociones de «desproporción» y «el hecho de ser mujer», elementos del concepto de violencia de género presentes en la normativa sobre violencia de género.
Kesetaraan gender khususnya di sektor kerja formal memang masih menjadi permasalahan di kalangan masyarakat sehingga permasalahan yang diangkat dalam tulisan ini adalah bagaimana kebijakan pemerintah daerah untuk melaksanakan kesetaraan gender di sektor kerja dalam rangka pemenuhan hak sipil bagi perempuan; apa yang menjadi faktor penghambat dan faktor pendukung dalam melaksanakan kesetaraan gender di sektor kerja dalam rangka pemenuhan hak sipil bagi perempuan; dan langkah-langkah yang perlu dilakukan untuk meningkatkan pelaksanaan kesetaraan gender di sektor kerja dalam pemenuhan hak sipil bagi perempuan. Metode penelitian bersifat dekriptif-analisis dengan menggunakan pendekatan kualitatif untuk memperoleh gambaran kebijakan pemerintah daerah dalam pelaksanaan kesetaraan gender di sektor kerja dalam pemenuhan hak sipil bagi perempuan. Faktor keluarga dan budaya belum memberikan ruang luas bagi perempuan untuk mendapatkan kesempatan promosi jabatan, pendidikan dan pelatihan. Selain itu masih ada keterbatasan sarana seperti ruang laktasi, tempat penitipan anak, dan toilet yang terpisah antara laki-laki dan perempuan. Langkah yang perlu dilakukan adanya pemahaman dari aparatur pemerintah Kabupaten/Kota mengenai kesetaraan gender di sektor kerja formal. Perlu penguatan kebijakan pemerintah daerah dalam mendukung implementasi kesetaraan gender di sektor kerja formal.
Abstract
Gender equality, especially in the formal job sector, indeed still get problems in society, today. The problem wants to solve in this writing is how local government policy to implement gender equality in job sector in order to satisfy woman civil rights; and steps need to do to raise practice of gender equality in job sector of woman civil rights fulfillment. This research method is analysis descriptive with a qualitative approach. Family and culture factors have not given a huge space to women to get the chance of promotion, education, and training, yet. Furthermore, it still finds a limitation of facilities such as lactation room, daycare places, toilet both male and female. It is necessary a mutual understanding of regency government /city officers related to gender equality in the formal job sector. It requires a capacity of local government policy in supporting its implementation.
Kesetaraan gender khususnya di sektor kerja formal memang masih menjadi permasalahan di kalangan masyarakat sehingga permasalahan yang diangkat dalam tulisan ini adalah bagaimana kebijakan pemerintah daerah untuk melaksanakan kesetaraan gender di sektor kerja dalam rangka pemenuhan hak sipil bagi perempuan; apa yang menjadi faktor penghambat dan faktor pendukung dalam melaksanakan kesetaraan gender di sektor kerja dalam rangka pemenuhan hak sipil bagi perempuan; dan langkah-langkah yang perlu dilakukan untuk meningkatkan pelaksanaan kesetaraan gender di sektor kerja dalam pemenuhan hak sipil bagi perempuan. Metode penelitian bersifat dekriptif-analisis dengan menggunakan pendekatan kualitatif untuk memperoleh gambaran kebijakan pemerintah daerah dalam pelaksanaan kesetaraan gender di sektor kerja dalam pemenuhan hak sipil bagi perempuan. Faktor keluarga dan budaya belum memberikan ruang luas bagi perempuan untuk mendapatkan kesempatan promosi jabatan, pendidikan dan pelatihan. Selain itu masih ada keterbatasan sarana seperti ruang laktasi, tempat penitipan anak, dan toilet yang terpisah antara laki-laki dan perempuan. Langkah yang perlu dilakukan adanya pemahaman dari aparatur pemerintah Kabupaten/Kota mengenai kesetaraan gender di sektor kerja formal. Perlu penguatan kebijakan pemerintah daerah dalam mendukung implementasi kesetaraan gender di sektor kerja formal.AbstractGender equality, especially in the formal job sector, indeed still get problems in society, today. The problem wants to solve in this writing is how local government policy to implement gender equality in job sector in order to satisfy woman civil rights; and steps need to do to raise practice of gender equality in job sector of woman civil rights fulfillment. This research method is analysis descriptive with a qualitative approach. Family and culture factors have not given a huge space to women to get the chance of promotion, education, and training, yet. Furthermore, it still finds a limitation of facilities such as lactation room, daycare places, toilet both male and female. It is necessary a mutual understanding of regency government /city officers related to gender equality in the formal job sector. It requires a capacity of local government policy in supporting its implementation.
The concept of non-discrimination has been central in the feminist challenge to gendered violence within international human rights law. This article critically explores non-discrimination and the challenge it seeks to pose to gendered violence through the work of Judith Butler. Drawing upon Butler’s critique of heteronormative sex/gender, the article utilises an understanding of gendered violence as effected by the restrictive scripts of sex/gender within heteronormativity to illustrate how the development of non-discrimination within international human rights law renders it ineffective to challenge gendered violence due to its own commitments to binarised and asymmetrical sex/gender. However, the article also seeks to encourage a reworking of non-discrimination beyond the heteronormative sex binary through employing Butler’s concept of cultural translation. Analysis via the lens of cultural translation reveals the fluidity of non-discrimination as a universal concept and offers new possibilities for feminist engagement with universal human rights.
Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.
I propose human rights as self-authored through a personality structure of “assertive selfhood.” To that end I identify three
features of self-authorship: emergent through collective political action; as a critical stance; and borne by non-idiosyncratic
norms. So conceived, human rights require a field of recognition as a social structure supportive of claims to assertive selfhood.
I show that the capacity to self-grant depends critically on the participant’s personality structure as well as on the structure
of some of the social institutions he or she inhabits. But like any political vision, the project for self-granted human rights
has distinct limits, above all with respect to the many inequalities among potential self-authors.
KeywordsHuman rights-Personality structure-Social structure-Recognition-Cultural interpretation-Local norms
Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
How, why, and under what conditions are NGOs able to influence state's interests? To answer these questions, I examine the process through which women's organizations succeeded in placing front and center on the UN agenda two issues that had been perceived as exclusively private: violence against women and reproductive rights and health. I develop a theoretical framework drawing on both the agenda-setting and social movement literature. I suggest that NGOs attempt to influence states' interests by framing problems, solutions, and justifications for political action. Whether they are successful in mobilizing support is contingent on the dynamic interaction of primarily two factors: (1) the political opportunity structure in which NGOs are embedded, comprising access to institutions, the presence of influential allies, and changes in political alignments and conflicts; and (2) the mobilizing structures that NGOs have at their disposal, including organizational entrepreneurs, a heterogeneous international constituency, and experts. I find that in the beginning of the agenda-setting process, the influence of NGOs is rather limited, their frames are highly contested, and structural obstacles outweigh organizational resources. However, over time the influence of NGOs increases. As they establish their own mobilizing structures, they become capable of altering the political opportunity structure in their favor, and their frames gain in acceptance and legitimacy.
This qualitative study explores whether individuals working within the domestic violence (DV) field in the United States have utilized a human rights framework and identifies potential benefits of this framework. Using the critique and experiences of women of color as a focal point, data were gathered through interviews with key individuals working with national and regional DV and human rights organizations. This article focuses on challenges within the mainstream DV movement and how a human rights approach could potentially ameliorate some of these concerns by supporting a more holistic approach to DV and increasing coalition building and community engagement.
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