scholarly journals Forced Marriages in Europe: A Form of Gender-Based Violence and Violation of Human Rights

2020 ◽  
pp. 1-18
Author(s):  
María Barcons Campmajó
Keyword(s):  
Human Rights ◽  
Feminist Theory ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
International Treaties ◽  
Gender Based Violence ◽  
Forced Marriage ◽  
Women And Children ◽  
Gender Based ◽  
The Right

Forced marriages are recognized as a form violating human rights, descriminatiing against women as well as a form of gender-based violence which both women and children suffer. In numerous international treaties and in other supranational documents, this practice is perceived as a violation against people’s dignity and as an attempt against fundamental rights such as freedom and equality. Moreover, the forced marriage is a crime condemned by the International and European human rights law: it violates the right to freely marry and the right to live a life free of gender-based violence. The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. This critical review will be carried out through normative analysis from Legal Feminism and Feminist Theory.

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).

Human Trafficking, Human Rights and Women, Peace and Security: The Sound of Silence

2020 ◽  
pp. 189-206
Author(s):  
Gema Fernández Rodríguez de Liévana ◽  
Christine Chinkin
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Beings ◽  
Gender Based Violence ◽  
Post Conflict ◽  
Human Rights Regime ◽  
Peace And Security ◽  
Women And Children ◽  
Gender Based ◽  
Human Rights Based Approach

The chapter discusses the tension that exists between three separate UN agendas, those relating to CEDAW and WPS; the fight against trafficking in human beings; and the Security Council’s broader agenda for the maintenance of international peace and security. It considers in particular how the securitisation of WPS and human trafficking by the Security Council has diluted and fragmented the discourse of women’s human rights. It argues that as a form of gender-based violence, human trafficking is subject to the human rights regime that has evolved to combat such violence and that human rights mechanisms should be engaged to hold States responsible for their failure to exercise due diligence to prevent, protect against and prosecute those responsible – in the widest sense – for human trafficking. The incidence of human trafficking (as a form of gender-based violence) in armed conflict means that it comes naturally under the auspices of the WPS agenda. The Security Council’s silence in this regard constitutes of itself a form of violence that weakens the potential of the WPS agenda to bring structural transformation in post-conflict contexts. In agreement with the Special Rapporteur on trafficking in persons, especially women and children and cognisant of some of the downsides, we argue that ‘in order to ensure more efficient anti-trafficking responses, a human rights-based approach … should be mainstreamed into all pillars of the women and peace and security agenda’. In turn this would provide a new direction for the WPS agenda.

Global Application of Intersectionality Theory

2021 ◽  
pp. 27-53
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
Partner Violence ◽  
The United States ◽  
Black Girls ◽  
Human Rights Violations ◽  
Gender Based Violence ◽  
Gender Based ◽  
The Many ◽  
Inadequate Prenatal Care ◽  
The Right

This chapter delves into examples of global intersectionality to illustrate the need for a thorough and consistent intersectional approach to human rights violations around the world. Although it is impossible to provide an exhaustive analysis of the many and varied types of intersectional human rights violations, this chapter offers multiple examples of intersectional human rights violations, including (1) gender-based violence, including both non-state actors who commit intimate partner violence and sexual violence in armed conflict; (2) maternal mortality and inadequate prenatal care in Brazil; (3) coerced sterilization among the Roma in Europe; (4) disproportionate discipline and punishment of Black girls in the United States; and (5) inconsistent LGBTQI rights. These case studies implicate different human rights, including the right to be free from violence, the right to education, and the right to the highest attainable standard of health. Each example demonstrates how a more nuanced, intersectional lens is necessary to capture the rights at stake and to contemplate appropriate remedies for victims of human rights violations in full.

Solidarity

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
Self Determination ◽  
Third Generation ◽  
Human Rights Law ◽  
Healthy Environment ◽  
Right To Development ◽  
The Right ◽  
Collective Dimension

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.

Constitutionalisation of the Implementing Act of the Procedures Directive: The Slovenian Perspective

2008 ◽  
Vol 10 (2) ◽  
pp. 187-217 ◽  
Author(s):  
Boštjan Zalar
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Judicial Cooperation ◽  
Community Law ◽  
Administrative Practice ◽  
Before And After ◽  
Protection Of Human Rights ◽  
The Right ◽  
Asylum Procedure

AbstractThe author identifies the initial challenging questions that will be posed to judges in relation to the application of implementing act and the Procedures Directive. The arguments put forth are directed towards the need for interpreting the transposition act and the minimum standards from the Procedures Directive in a way that would be consistent with the international and constitutional human rights law standards. The actual situation and prospects of this challenge for the case of Slovenia are examined from the period before and after the adoption of the Procedures Directive through the analysis of administrative practice and jurisprudence in relation to the grounds for abuse of the asylum procedure within the accelerated procedure, the procedural requirements for the use of country of origin information and the right to free legal assistance. In the section on the main challenges for the protection of fundamental rights in relation to the Procedures Directive, the author focuses on methods of interpreting Community law, the question of the scope of Community law, the concept of judicial cooperation for the protection of human rights, conditions for annulling Community provisions due to violation of fundamental rights, and the effects of international law standards on the protection of fundamental rights under Community law.

scholarly journals The duty to work as precondition for human dignity: a Swiss perspective on work programmes

2020 ◽  
pp. 89-112
Author(s):  
Melanie Studer ◽  
Kurt Pärli
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Eligibility Criterion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

scholarly journals ‘Once You Say the Word Gender, People Become Afraid’: The Consequences of the Gender Backlash in Education in Brasil

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Gisella Lopes Gomes Pinto Ferreira
Keyword(s):  
Violence Prevention ◽  
Fundamental Rights ◽  
Gender Based Violence ◽  
Knowledge Deficit ◽  
Global North ◽  
Gender Based ◽  
The Right ◽  
Context Shapes ◽  
Political Groups ◽  
Violence Prevention Programs

Conservative religious, activist and political groups fuel gender backlash in many spaces. This paper explores this phenomenon and its effects on educational programs designed to prevent gender-based violence in Brasilian schools. It argues that this gender backlash in educative spaces violates fundamental rights, like the right to equality and protection against discrimination and violence, and ultimately contributes to the continuity and escalation of gender-based violence in Brasil. This context shapes advocacy work and the facilitators and participants of its programs. Primary prevention research is mainly conducted in the Global North. This article, guided by a southern feminist framework and informed by 14 interviews with Brasilian advocates engaged in youth gender-based violence prevention programs, addresses a significant knowledge deficit and offers new insights in working in challenging contexts. It suggests that the backlash is mostly directed at LGBTIQA+ cohorts due to the ongoing political attacks on these groups, but it has also undermined the capacity of educational prevention strategies for gender-based violence more widely.

scholarly journals Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

2012 ◽  
Vol 1 (1) ◽  
pp. 65-73 ◽  
Author(s):  
Bridget Lewis
Keyword(s):  
Human Rights ◽  
Environmental Governance ◽  
Minority Groups ◽  
Environmental Issues ◽  
Environmental Problems ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Environmental Injustice ◽  
The Right

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law

2020 ◽  
Vol 11 (1) ◽  
pp. 164
Author(s):  
Iryna PROTSENKO ◽  
Кostiantyn SAVCHUK
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Adequate Treatment ◽  
International Human ◽  
The Right

In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about developing the practice to limit specific sovereign rights of the state to ensure the implementation of human rights (notably, the ones not directly related to the respective rights of the state). In this very way, the state is limited in its right to determine its own immigration policy. The fact is that the European Court of Human Rights (ECtHR) has ruled in some of its judgments that by implementing this right, the state violates the right to respect for private and family life provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). This resulted in ECtHR`s practice to be somewhat considered in the draft articles on the expulsion of aliens elaborated by the International Law Commission (ILC) in 2014. The examples from ECtHR`s practice analyzed in this paper provide the basis for the conclusion that the development of the International Human Rights Law is gradually narrowing the scope of the internal sovereign rights of the state.

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