Refining the Scope of State Obligations for Treaty-Based Human Rights Violations in Respect of Violence against Women: The Meaning of the 2009 Gonzáles Ruling by the Inter-American Court of Human Rights

2010 ◽  
pp. 98-113
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Human Rights Violations ◽  
State Obligations

scholarly journals COVID-19 and Key Human Rights Principles in Practice: State obligations and business’ responsibilities in responding to the pandemic

2020 ◽  
Author(s):  
Joss Saunders
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Human Rights Violations ◽  
Final Version ◽  
State Obligations

The COVID-19 pandemic is exacerbating existing human rights violations, and enabling others. However, it is also stimulating opportunities to further the human rights agenda. A robust framing is needed to hold duty bearers to account, and to help governments and communities to build back better. This paper provides an overview of the issues through the lens of 5 key human rights principles. It uses a human rights framing to assist governments, business and civil society to understand their obligations and ways they can help manage the impacts of the pandemic. This is an advance version of the paper for discussion. The paper will be revised to take account of comments and a final version will be published in the coming months.

Part II: Conclusion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Armed Groups ◽  
Adequate Model ◽  
Human Rights Protection ◽  
Rights Protection ◽  
System P ◽  
State Obligations ◽  
Private Actors

‘Where are the good old days when everyone knew that human rights violations can only be committed by states against individuals?’1 Gone, replaced by a complex reality in which an exclusive focus on states as duty-bearers under international human rights law (IHRL) no longer provides an adequate model to address numerous human rights violations by non-state armed groups. Instead, states in United Nations (UN) organs or intergovernmental fora, as well as human rights experts, increasingly address demands to respect IHRL directly to armed groups. In order to conceptualize this development, this book raised three main arguments: (1) Contrary to the ‘received wisdom’, human rights may not only apply to the authority–individual relationship. Conceptually, they can also be understood as applying to the horizontal relationships between private actors. (2) While under IHRL treaty law it is primarily upon states to protect individuals against human rights violations by private actors, this obligation is limited if the state loses control over parts of its territory, or is otherwise unable to fulfil its obligations. In order to avoid a protection gap, IHRL obligations should be directly assigned to armed groups. (3) Contemporary international practice suggests that this requires a differentiated approach, taking account of the different nature and capacity of non-state armed groups. Assigning IHRL obligations to armed groups needs to complement and not substitute state obligations under the traditional state-centred human rights protection system....

scholarly journals Violence on Women and Children: Background, Effects, and Solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 69-86
Author(s):  
Aulia Vaya Rahmatika
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Developed Countries ◽  
Human Rights Violations ◽  
Legal Enforcement ◽  
Number Of Factors ◽  
Women’S Human Rights ◽  
Women And Children ◽  
Women's Human Rights ◽  
Criminal Conduct

Violence is any criminal conduct that may harm the victim. The violence occurred on a number of factors, including the factors economic, cultural, social, and legal. Today, violence is an awful lot going on in the community. See the rampant violence lately are influenced by the large number of people experiencing prolonged crisis due to oppression. The action also triggered by weak social control that is not followed by legal enforcement measures. There is also the violence done to women and children. Violence against women as a global problem, already fretting over every country in the world, not just the countries that are developing but also including developed countries which are said to be greatly appreciate and care about the human rights as United States of America. Indonesia as a country that is growing, it bore the title bad in the problem of human rights violations. Human rights violations are one of which violations of women's human rights. The women's human rights violations can be classed as acts of violence against women. Violence against women may occur anywhere (in a public place, in the workplace, the surroundings of family (household) and others. Can be done by anyone (parents, brothers or women and others and can occur at any time (day and night). In addition, the violence that occurs in children also resulted in mental decline. Children will feel depressed and prolonged trauma. It is certainly harmful for the child's mental and psychic condition. Violence in children usually occurs because a child who is misbehaving and not according towards parents so often parents furious and do acts of violence. This I will discuss to uncover cases of violence on women and children.

scholarly journals Criminalizing Sexual Violence Against Women in Intimate Relationships: State Obligations Under Human Rights Law

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 189-196 ◽  
Author(s):  
Melanie Randall ◽  
Vasanthi Venkatesh
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Intimate Relationships ◽  
Partner Violence ◽  
Intimate Partner ◽  
World Health ◽  
Human Rights Law ◽  
State Obligations ◽  
Health Organization

Criminalization of sexual violence against women in intimate relationships must form a central part of the human rights agenda for achieving gender equality. According to a study by the United Nations Secretary-General, “[t]he most common form of violence experienced by women globally is intimate partner violence” including “a range of sexually, psychologically and physically coercive acts.” The World Health Organization reports that nearly one in four women in some countries may experience sexual violence perpetrated against them by an intimate partner. Other research suggests that approximately 40% of all assaulted women are forced into sex at one time or another by their male partners.

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

2012 ◽  
Vol 51 (1) ◽  
pp. 106-132 ◽  
Author(s):  
Bonita C. Meyersfeld
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Best Practices ◽  
Violence Against Women ◽  
Human Rights Violations ◽  
Council Of Europe ◽  
Member States ◽  
Forms Of Violence

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’) joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

scholarly journals Police Response to Violence Against Women Yemen as a Case Study

1970 ◽  
pp. 38-40
Author(s):  
Dr. Mohamad Awadh Baobaid
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Human Rights Violations ◽  
Women's Issues ◽  
Police Response ◽  
International Conference

Violence Against Women is a subject of great interest to organizations and institutions concerned with human rights. The Fourth International Conference dealing with women's issues described violence against women as a form of human rights violations that is least discussed though widely prevalent.

Discussions about the Source and Universality of Moral Case

2015 ◽  
Vol 1 (1) ◽  
pp. 144
Author(s):  
Fatih Ufuk Bağcı
Keyword(s):  
Information Theory ◽  
Human Rights ◽  
Middle Ages ◽  
Violence Against Women ◽  
The Other ◽  
Human Rights Violations ◽  
New Era ◽  
Modern Times ◽  
Moral Case ◽  
Ancient Times

The relevant meaning of moral has been constantly discussed topic in terms its sources and its universality. We have seen as the source of morality the Metaphysics in ancient times, Theology in the Middle Ages, and the information theory in new era. In modern times, we have different perspectives for the source of the formation of morality determined by good or bad reasons as a result depending on the individuals. Statements related to the source of moral and what forms the moral can be said in two words: one of them is human itself, and the other is the thought of existing love. On the other hand, it has been a subject for discussion if the moral is always valid, over the ages, objective and universal or something subjective that changes depending on individuals and also because of different societies. Therefore, who accepts moral as objective and universal, it is a propensity that comes from birth, but who thinks that moral is a subjective definition that changes lives depending on the society and during the period of time particular people live. In this study, we referred to the related debates about the issues and serious changes of technology and science which have brought to our lives but along with misuse of these facilities, such as the reality of violence against women, terrorism, human rights violations, But how about the meaning of moral, and its possible sources. If there is still a universal meaning of moral in this world that looks like now like a small village.

scholarly journals Femicides: Different Approaches from the Regional Protection of Human Rights

2021 ◽  
Vol 14 (1) ◽  
pp. 53
Author(s):  
Isabel Anayanssi Orizaga Inzunza
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Theoretical Development ◽  
Legal Concept ◽  
Regional Systems ◽  
Fertile Soil ◽  
European Court ◽  
Protection Of Human Rights ◽  
State Obligations ◽  
Gender Based

Since the adoption of the term femicide for gender-based killings of women, the theoretical development and transition of this definition to a legal concept has contributed to the acknowledgment of this phenomenon as the most extreme manifestation of violence against women. In the international sphere, the regional systems of protection of human rights appear as fertile soil for victims of femicide to claim protection. Consequently, the European Court, Inter-American, and the ECOWAS Court of human rights play an important role in the investigation, prosecution, and reparation of femicide in their regions. Nevertheless, through their jurisprudence in the matter, regional courts of human rights have adopted different approaches for femicide. This shows striking differences in the recognition of the phenomenon of femicide, the development of State obligations, and the reparation for victims. The minimalistic approach applied by the European Court in its cases, as well as a single precedent of feminicide studied by the ECOWAS Court, makes us turn the view to the Inter-American Court of Human Rights. Based on its maximalist approach, the Inter-American Court has gone beyond its sister courts to establish a consolidated recognition of the phenomenon of femicide, and to develop in a wider and deeper way the scope of State obligations and reparations on femicide cases.

Social representations of human rights violations: Further evidence

2001 ◽  
Vol 60 (2) ◽  
pp. 89-98 ◽  
Author(s):  
Alain Clémence ◽  
Thierry Devos ◽  
Willem Doise
Keyword(s):  
Cluster Analysis ◽  
Human Rights ◽  
Costa Rica ◽  
Young People ◽  
Social Representations ◽  
Social Reality ◽  
Questionnaire Study ◽  
Human Rights Violations ◽  
High Tolerance ◽  
Individual Actions

Social representations of human rights violations were investigated in a questionnaire study conducted in five countries (Costa Rica, France, Italy, Romania, and Switzerland) (N = 1239 young people). We were able to show that respondents organize their understanding of human rights violations in similar ways across nations. At the same time, systematic variations characterized opinions about human rights violations, and the structure of these variations was similar across national contexts. Differences in definitions of human rights violations were identified by a cluster analysis. A broader definition was related to critical attitudes toward governmental and institutional abuses of power, whereas a more restricted definition was rooted in a fatalistic conception of social reality, approval of social regulations, and greater tolerance for institutional infringements of privacy. An atypical definition was anchored either in a strong rejection of social regulations or in a strong condemnation of immoral individual actions linked with a high tolerance for governmental interference. These findings support the idea that contrasting definitions of human rights coexist and that these definitions are underpinned by a set of beliefs regarding the relationships between individuals and institutions.

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