Gendered Violence and International Human Rights: Thinking Non-discrimination Beyond the Sex Binary

2014 ◽  
Vol 22 (3) ◽  
pp. 263-283 ◽  
Author(s):  
Kathryn McNeilly
AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 31-36 ◽  
Author(s):  
Paulina García-Del Moral

Feminicidio is a Mexican adaptation of the radical feminist concept of femicide, usually defined as the misogynous murder of women by men because they are women. In this essay based on original fieldwork, I seek to contribute to Third World Approaches to International Law (TWAIL) scholarship by providing a brief analysis of the engagement of Mexican grassroots feminist activists with international human rights law in their struggle against the systematic abduction, murder, and sexual abuse of hundreds of women and girls in Ciudad Juárez, Mexico, and the widespread impunity enveloping these crimes. As a result of this grassroots activism, these murders became known as feminicidios. Feminicidio expanded the existing concept of femicide by exposing the complicity of the state in the killing of women by sustaining the institutionalization of gender inequality. Indeed, activists consistently claimed that the state’s tolerance for impunity perpetuates the notion that women are disposable, and violence against them is not serious. Moreover, they linked this notion to the patriarchal regime of neoliberal capitalism that supports the maquiladora industry in Ciudad Juárez. Activists further drew on international human rights law. They invoked the due diligence obligation to conceptualize the responsibility of the Mexican state for failing to effectively prevent, investigate, and punish the murder of women—despite evidence of a systematic pattern of gendered violence that could only be understood by taking into consideration the intersecting structural gender and class inequalities that feminicidio revealed.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


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