scholarly journals Utilising the due diligence standard to interrogate Kenya's accountability efforts with regard to survivors of sexual violence in the 2007-2008 post-election violence

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Buluma Bwire ◽  
Migai Akech ◽  
Agnes Meroka-Mutua
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Legal Services ◽  
Due Diligence ◽  
Special Rapporteur ◽  
Community Based ◽  
Legal Responses ◽  
Election Violence ◽  
Human Rights Violation

SUMMARY Sexual violence is a human rights violation and is addressed under a growing number of international agreements including the 1993 Declaration on the Elimination of Violence against Women, among others. This article uses the due diligence standard, as elaborated on by the UN Special Rapporteur on Violence against Women, to interrogate Kenya's domestic accountability efforts with regard to sexual violence in the 2007/2008 post-election violence. It finds that Kenya suffered from a number of structural and systemic shortcomings that resulted in its failure to meet its obligation to prevent, investigate, prosecute and compensate for such acts of sexual violence perpetrated by both state and non-state actors. Key among them are a lack of well-coordinated multi-sectoral approaches to address sexual violence; human capacity gaps in the provision of medico-legal services to survivors; and systemic failures in the investigation and prosecution of sexual violence cases. The article further highlights the hope for future accountability inherent in the recent ruling in Constitutional Petition 112 of 2013 which held the state accountable for all gaps and shortcomings in responding to sexual violence during the post-election violence. The article concludes by advocating community-based multi-sectoral approaches in prevention and response to sexual violence in the Kenyan context with an emphasis on improving both human and technical capacities for provision of medico-legal services to survivors. Key words: sexual violence; human rights; Kenya 2007-2008 postelection violence; medico-legal responses to sexual violence

The Continuum of Violence against Women and the Challenges of Effective Redress

2012 ◽  
Vol 1 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Rashida Manjoo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Violence Against Women ◽  
Holistic Approach ◽  
Due Diligence ◽  
Special Rapporteur ◽  
Prevalence Rates ◽  
The United Nations ◽  
Rights Issue ◽  
The Continuum

Globally violence against women is a systemic and widespread problem. Despite the recognition of such violence as a violation of human rights, its numerous manifestations and increasing prevalence rates are a source of concern. The mandate of the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences has over the eighteen years of its existence examined the phenomena both conceptually and in practice, through thematic reports and country mission reports, respectively. This article focuses on 4 aspects of violence against women. (1) It provides an overview of the evolution of violence against women as a human rights issue. (2) It examines the different manifestations of violence against women. (3) It examines the interpretation by States of their obligation to exercise due diligence in responding to and preventing violence against women. (4) It proposes a holistic approach to dealing with the issue of Violence against Women.

Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?

2020 ◽  
Vol 20 (1) ◽  
pp. 153-179
Author(s):  
Alessandro Suppa ◽  
Pavel Bureš
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Corporations ◽  
Corporate Law ◽  
International Economy ◽  
Due Diligence ◽  
Business And Human Rights ◽  
Original Question ◽  
Definition Of ◽  
Human Rights Violation

SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.

scholarly journals Turning the Tide on Violence against Women in Politics: How Are We Measuring Up?

2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Public Life ◽  
Women In Politics ◽  
Political Rights ◽  
Gender Based Violence ◽  
Psychological Harm ◽  
Gender Based ◽  
The Right ◽  
Human Rights Violation

Violence against women in politics (VAWP) is a human rights violation, as it prevents the realization of political rights. Violence against women in political and public life can be understood as “any act or threat of gender-based violence, resulting in physical, sexual, psychological harm or suffering to women, that prevents them from exercising and realizing their political rights, whether in public or private spaces, including the right to vote and hold public office, to vote in secret and to freely campaign, to associate and assemble, and to enjoy freedom of opinion and expression” (UN Women/UNDP 2017, 20).

scholarly journals The European Union and Violence Against Women: Fundamental Rights and Con Games

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
R Amy Elman ◽  
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Fundamental Rights ◽  
The European Union ◽  
Genital Mutilation ◽  
Institutional Actors ◽  
Human Rights Violation ◽  
Istanbul Convention ◽  
Female Genital ◽  
The Eu

Deciphering the European Union’s (EU) commitment to countering violence against women is challenging. To date, much of its response has been rhetorical. This article opens with a brief consideration of the EU’s first few initiatives to counter violence against women before turning to the polity’s enthusiastic endorsement of the Council of Europe’s 2011 Istanbul Convention, which defines such violence as a human rights violation. Not least, it offers a critical analysis of the EU’s Fundamental Rights Agency’s 2014 survey on violence against women, the world’s largest international survey of its kind. That inquiry involved 42,000 in-person interviews with a representative sample of approximately 1,500 women (aged 18-74) across all of the EU’s then 28 Member States. After examining the Agency’s survey and its subsequent report in the context of those efforts that preceded it, the article suggests the EU’s rhetoric and related programs for women may conceal the more controversial manifestations of the violence directed at them. For example, the Agency’s survey excluded female genital mutilation from the rubric of violence against women. One finds a similar reluctance on the part of the Agency and other institutional actors across the EU to address the eroticized commodification of violence in prostitution and pornography that pervade the polity’s common market. Despite the EU’s occasional pronouncements to the contrary, it appears violence against women is a human rights violation that the polity deliberately circumscribes and perfunctorily condemns.

scholarly journals Community-Based Recovery for Sexual Violence Victims: The Case of Hapsari

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Atikah Rahmi ◽  
Hotma Siregar
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Community Based ◽  
Grassroots Organization ◽  
Social Violence ◽  
Recovery Mechanism ◽  
The North ◽  
Women And Children ◽  
Sexual Abuse Victims ◽  
Community Based Services

Sexual abuse victims experienced physical, psychological, economic and social violence, which lead to trauma. However, there has been no systematic policy to support their recovery. This paper argues for the need for a recovery mechanism system for sexual violence victims, as implemented by Hapsari. This study employs a qualitative approach, with interviews as the means to obtain data. Subjects in this research included women and children in the North Sumatera. This research finds out that community-based recovery has a significant impact on the victims, and is able to empower them to be independent in making a decision and blend with society. As a grassroots organization, Hapsari supports community-based services to reduce violence against women and children, protect victims and gather supports for the sustainability of recovery services. Apart from this, the state should also participate in protecting those people, especially in terms of policy and regulations.

scholarly journals THE PECULIARITIES OF IMPLEMENTATION OF GENDER POLICY IN SECURITY AND DEFENSE SPHERES ON THE EXAMPLE OF UN AND NATO

2020 ◽  
Author(s):  
Iryna Klymchuk ◽  
◽  
Olena Shtraikher ◽  
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Legal Regulation ◽  
Special Rapporteur ◽  
Gender Policy ◽  
Un Security Council ◽  
Peace And Security ◽  
Women And Girls ◽  
And Gender

The study examines the peculiarities of the implementation of gender policy in the field of security and defense by the example of the UN and NATO. To achieve this goal, we considered the legal regulation of gender equality in the field of security and defense of the UN and NATO; analyzed the work of institutional mechanisms for the implementation of gender policy in the field of security and defense by the example of the UN and NATO; characterized the peculiarities of cooperation between Ukraine, the UN and NATO in ensuring gender equality in the field of security and defense. The legal regulation of gender equality at the UN and NATO levels was considered, in particular a number of resolutions (UN Security Council Resolutions on Women, Peace and Security No. 1325, No. 1820, No. 1888, No. 1889, No. 1960, No. 2106, No. 2122, No. 2422, No. 2467, No. 2493), which recognizes the importance of involving women and gender mainstreaming in peace negotiations, humanitarian planning, peacekeeping, post-conflict peacebuilding, governance, and equal participation of women at all levels of conflict prevention or protection from sexual violence. Also the authors analyzed the work of institutional mechanisms responsible for the implementation of gender policy of the UN and NATO, in particular, their expertise and scope of activities. It was clarified that the following persons responsible for the implementation of UN Security Council Resolutions in NATO: Special Representative of the Secretary-General for Women, Peace and Security; NATO Gender Office; Gender Adviser at the International Military Staff; a number of advisory committees and working groups led by NATO Strategic Command; Civil Society Advisory Council on Women, Peace and Security. At the same time, the UN has seven expert institutions and regional independent human rights experts to combat discrimination and gender-based violence against women and girls: UN Special Rapporteur on Violence against Women; UN Committee on the Elimination of Discrimination against Women; UN Working Group on Discrimination against Women and Girls; Committee of Experts on the Follow-up Mechanism to the Belem-Par Convention; Expert Group on Combating Violence against Women and Domestic Violence; Special Rapporteur on Human Rights in Africa of the African Commission on Human Rights; Human Rights Rapporteur. In addition, a number of sub-organizations and programs have been established at the UN level to achieve gender equality in all spheres of life, such as the United Nations Development Program (UNDP), the HeForShe IMPACT 10x10x10 movement and the UN-Women. Aspects of Ukraine's cooperation with the UN and NATO in ensuring gender equality in the field of security and defense are highlighted separately. The importance and effectiveness of cooperation between Ukraine and the Alliance during the war in Eastern Ukraine have been established. The support by the UN of Ukraine in fulfilling the obligations within the international regulatory framework on the introduction of gender equality and women’s rights was also analyzed.

scholarly journals Involuntary Sterilisation as a Form of Violence against Women in Africa

2017 ◽  
Vol 53 (5) ◽  
pp. 721-732 ◽  
Author(s):  
Ebenezer Durojaye
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Violence Against Women ◽  
Historical Context ◽  
International Human Rights Law ◽  
Emotional Trauma ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Violation

This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends that given the attendant mental, physical and emotional trauma a woman may suffer upon undergoing forced sterilisation, this would amount to an act of violence against women as recognised under international human rights law.

scholarly journals Continuum de la violencia: un desafío para las políticas públicas

2016 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Cecilia Barraza Morelle
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Sexual Violence ◽  
Family Violence ◽  
Violence Against Women ◽  
State Policy ◽  
Public Policies ◽  
Gender Mainstreaming ◽  
Derechos Humanos ◽  
Las Mujeres

Resumen: Esta ponencia plantea el problema de laviolencia contra las mujeres en el contexto de las políticaspúblicas para mujeres el municipio de Cali, desdeel enfoque de derechos humanos. Se advierte que esfundamental la participación de la sociedad en la definiciónde las políticas públicas, puesto que el fin últimode las políticas públicas es transformar la sociedad, paralo cual se plantea la meta de transversalizar el género enla administración. Se presenta el panorama de laviolencia intrafamiliar y sexual mediante datos forenses.Se reconoce la incidencia del conflicto armado enColombia, así como la existencia de una brecha considerableentre el reconocimiento formal de los derechosde las mujeres y el ejercicio real de éstos. Finalmente, seconcluye que se deben diseñar políticas que cumplancon cuatro condiciones: continuas en el tiempo, integrales,enmarcadas en una política de Estado, e insertasen esfuerzos de construcción de paz y democracia parael conjunto de la sociedad.Palabras clave: Violencia contra las mujeres, violenciasexual, violencia intrafamiliar, políticas públicas,transversalización de género.Abstract: This presentation focuses violence againstwomen in the context of public policy for women in Califrom a human rights approach. The participation ofsociety as a whole in defining public policy is seen asfundamental, sin its ultimate end is to transform society,which necessitates the goal of gender mainstreaming. Thepanorama of family and sexual violence is presentedthrough forensic data. The incidence of the armed conflictin Colombia is important, and there is a considerablegap between the formal acknowledgement of women’srights and their enjoyment by women in reality. Finally,it is concluded that public policies to be designed shouldfulfill four conditions: they must be continuous, integral,framed in a State policy, and in efforts for the constructionof peace and democracy for society as a whole.Key Words: Violence against women, sexual violence,family violence, public policy, gender mainstreaming.

scholarly journals The European Union and Violence Against Women: Fundamental Rights and Con Games

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
R Amy Elman ◽  
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Fundamental Rights ◽  
The European Union ◽  
Genital Mutilation ◽  
Institutional Actors ◽  
Human Rights Violation ◽  
Istanbul Convention ◽  
Female Genital ◽  
The Eu

Deciphering the European Union’s (EU) commitment to countering violence against women is challenging. To date, much of its response has been rhetorical. This article opens with a brief consideration of the EU’s first few initiatives to counter violence against women before turning to the polity’s enthusiastic endorsement of the Council of Europe’s 2011 Istanbul Convention, which defines such violence as a human rights violation. Not least, it offers a critical analysis of the EU’s Fundamental Rights Agency’s 2014 survey on violence against women, the world’s largest international survey of its kind. That inquiry involved 42,000 in-person interviews with a representative sample of approximately 1,500 women (aged 18-74) across all of the EU’s then 28 Member States. After examining the Agency’s survey and its subsequent report in the context of those efforts that preceded it, the article suggests the EU’s rhetoric and related programs for women may conceal the more controversial manifestations of the violence directed at them. For example, the Agency’s survey excluded female genital mutilation from the rubric of violence against women. One finds a similar reluctance on the part of the Agency and other institutional actors across the EU to address the eroticized commodification of violence in prostitution and pornography that pervade the polity’s common market. Despite the EU’s occasional pronouncements to the contrary, it appears violence against women is a human rights violation that the polity deliberately circumscribes and perfunctorily condemns.

scholarly journals PERKOSAAN DAN MEKANISME KOLONIALISASI JENDER

Populasi ◽  
2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Siti Ruhaini Dzuhayatin
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Human History ◽  
International Tribunal ◽  
Significant Progress ◽  
The Past ◽  
And Control ◽  
Women Rights ◽  
Human Rights Violation ◽  
Rights Issues

Rape is not a new phenomenon in the human history, and is continuously regarded as a tragic social issue. Rape as the mechanism of domination and control has been exercised by great nations in the past. Rape perpetually furnishes the international agenda from the Universal Declaration of Human Rights to the latest conference on Violence Against Women in Valencia, Spain on November, 24-26, 2000. The conference stipulates that rape is the violation against humanity which put women as the victims.The paper will focuse on how rape has been used as the means of domination and control of women, either individually and collectively. The paper will also explore theframeworks which illustrate rape as the means of domination which is parallel to colonialization. pinally, the paper will show the shifting paradigm from rape as 'man to man' issues to women rights issues. Women's struggle to affirm rape as human rights violation has made a significant progress by the establishment of The International Tribunal on mass rape as a crime against humanity.

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