Violence against women by non-state actors, a responsibility for the state under human rights law: amnesty internationals work on domestic violence

2020 ◽  
Author(s):  
Shalu Nigam

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.


Author(s):  
Karen Vanderlei Macêdo

The central objective of this article is to analyze the International Responsibility of the Brazilian State in the case of violence against women, in particular, to the case that became emblematic in Brazil and outside it, which was the involvement of violence against Maria da Penha Maia Fernandes practiced by, today, her ex-husband. Here the reference is the case 12,051 (Maria da Penha Maia Fernandes v. Brazil), which was opened on August 20, 1998 by the Inter-American Commission on Human Rights of the Organization of American States (OAS). From the intersection between domestic violence committed against Maria da Penha Maia Fernandes and the Institute of International Responsibility, it was verified how the application of an international institute, through the Inter-American Commission on Human Rights of the Organization of American States (IACHR-OAS) influenced the creation of legislation that ensures women’s rights in the Brazilian State.


Author(s):  
Peace A. Medie

Chapter 3 traces the problem of violence against women in Liberia and explains how the conflict exacerbated the problem and rendered women vulnerable in its aftermath. It examines three time periods (pre-conflict, conflict, and post-conflict) and explains that patriarchal gender norms were always at the core of this violence and contributed to Liberians’ reluctance to report rape and domestic violence to the police and to support the prosecution of offenders. However, widespread sexual violence during the conflict and post-conflict campaigns by the state and non-state actors led to shifting attitudes and to increased reporting of these crimes. Nonetheless, it shows how even after the conflict, Liberians relied more on informal justice mechanisms to address violence against women.


Author(s):  
Gizem Guney

This chapter analyses the recently adopted Istanbul Convention in the special context of domestic violence against women. Before the adoption of the Convention, human rights bodies developed several approaches in order to address the issue in particularly last three decades. However, all these developments occurred within existing, mostly gender neutral and non-binding human rights law instruments, particularly in Europe. This picture has been reversed entirely by the adoption of the Istanbul Convention. For the first time in Europe, the Convention gave legally binding status to the fact that domestic violence in its nature is a manifestation of historically unequal power relations between women and men and therefore prevalent. This affirmation of the historical nature of the problem is strengthened through its 4(P)s structure bringing detailed measures to be taken by state parties to eliminate the problem. This chapter argues that the Istanbul Convention constitutes the strongest confirmation of the ordinary and structural nature of the problem of domestic violence against women within international human rights law.


2016 ◽  
Vol 12 (23) ◽  
pp. 34
Author(s):  
Laima Vaige

The paper explores the role of the international right to the highest attainable standard of physical and mental health in the development of the legal framework in Lithuania to address violence against women. The right to the highest attainable standard of physical and mental health is entrenched under various international legal instruments. These have been ratified by Lithuania which, in 2011, also adopted a Law for the protection against domestic violence. Violence against women, including domestic violence, is undoubtedly a violation of the right to health; therefore the Lithuanian context provides an opportunity to evaluate the duties of the state in this regard more precisely. Indicators on human rights measurement have been instrumental in this evaluation.


2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.


2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.


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