Bored: A Pandemic of Domestic Violence

Partner Abuse ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 80-93
Author(s):  
Doris Sommer ◽  
Josefa Ros Velasco ◽  
Marco Abarca
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Primary Prevention ◽  
Psychological Stress ◽  
The State ◽  
Intimate Partners ◽  
Knowing How ◽  
Freedom Of Movement ◽  
New Approaches ◽  
Reasonable Answers

Alarm spreads among potential victims of domestic violence as cases multiply during the confinement required by COVID19, and authorities face the growing frustration of not knowing how to respond. The question of what to do begs the question of why the lockdown increases domestic violence. Loss of jobs, alcohol, and psychological stress are reasonable answers; but they are predictable and don't suggest new approaches for remedy. This essay considers an unsuspected if obvious trigger of violence at home. Boredom. It is a stressor that becomes intolerable as the pandemic lockdown continues. Since boredom is a volatile condition associated with the lack of engagement, and since boredom is resolved either creatively or violently, an evident program for primary prevention would be to provide disgruntled and potentially aggressive intimate partners with engaging activities. These activities address a responsibility of the State. When the State turns homes into places of involuntary confinement, it levies serious limitations on a range of human rights. Therefore, the State's obligation to address risks, including boredom, is a corollary to restricting freedom of movement. Perhaps the strategy to provide programs will face objections and skepticism. Why should potential perpetrators of violence be beneficiaries of pleasurable programs? And how can pleasure be a remedy when it carries a stigma of irresponsibility or sin? But a practical response to the spike in domestic violence will have to overcome this irrational stigma to become more strategic than moralizing (Sommer, 2014). We should address the spiral of aggression in ways that are effective, not reactive.

scholarly journals Freedom Of Expression And Freedom Of Movement In The Immigration Space: Substance Over Forum

2021 ◽  
Author(s):  
◽  
Nicholas Cross
Keyword(s):  
Human Rights ◽  
Interpersonal Communication ◽  
Freedom Of Expression ◽  
Common Law ◽  
The State ◽  
Regulation Of Expression ◽  
Human Rights Protection ◽  
Freedom Of Movement ◽  
Legal Frameworks ◽  
Free Flow Of Information

<p>Globalisation and the availability of information through television and the internet have been a boon for the spread of ideas and for freedom of expression. These trends have also created challenges for the regulation of expression. Those with hateful views or harmful information have just as much access to modern communication tools as the rest of us. How policy makers respond to the free flow of information raises a multitude of questions.  However there is no doubt that the state still holds the upper hand in controlling the freedom of movement between borders. Despite the availability of information technology there is still a need for interpersonal communication to facilitate the freedom of expression. The freedom of movement is therefore important to enabling the freedom of expression, and states can restrict the later by restricting the former.  The aim of this paper is to comprehensively scrutinise the different approaches taken to regulating freedom of movement for the purpose of regulating freedom of expression. It looks with judicial reviews within common law jurisdictions and how the issue is managed within their existing human rights legal frameworks.  Firstly the paper will lay out a preferred approach to dealing with the regulation of freedom of expression in an immigration context, bearing in mind the rights which states have to control their borders and the justifications for doing so. The approach places strong emphasis on protecting the freedom of expression for all groups without seeking to challenge the existence or legitimacy of the ways states choose to regulate expression within their borders. It suggests that regulation should be limited to situations where it is likely that the visitor would choose to break the laws of the state they seek to visit, or where their visit could spark disruption involving violence which could not reasonably be controlled by law enforcement.  Secondly the paper will examine four cases from two common law jurisdictions in detail. There is an emphasis on understanding two themes. The first is explaining the broader context of human rights protection within those jurisdictions and how their approach to immigration control reflects or contradicts that protection. The second is upon critiquing and understanding the administrative law implications of the standards of review applied. Reference is made back to the preferred framework to help understand to what extent the cases stand for genuine protection of freedom of expression.</p>

COVID-19: INDIA’S RESPONSE TO DOMESTIC VIOLENCE NEEDS RETHINKING

2020 ◽  
Author(s):  
Shalu Nigam
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Women Workers ◽  
Violence Against Women ◽  
The State ◽  
National Commission ◽  
Women And Children ◽  
The Government ◽  
To Come ◽  
Health Rights

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.

scholarly journals Bride Trafficking in India: Aspects, Causes and Potential Solutions

2021 ◽  
Vol 8 (3) ◽  
pp. 67-92
Author(s):  
N. K. Upadhyay
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Family Members ◽  
The State ◽  
Human Rights Violations ◽  
Female Infanticide ◽  
Illicit Trade ◽  
In Transit

Bride Trafficking is a long-standing evil in society that can be classified as a crime against humanity because it violates the rights, dignity and the liberty of the victims involved. Bride Trafficking is so deep rooted in society that providing accurate figures is extremely difficult since it is often impossible to track down and trace individual incidents of Bride Trafficking. According to the author, who has conducted a case study with fifty women from the State of Haryana, inter-country trafficking for the purpose of marriage is widespread in India. Trafficked women are subjected to a slew of atrocities, including being raped in transit and then raped by their husbands and other male family members. Apart from that, they face domestic violence, are treated worse than slaves and are frequently trafficked multiple times. Poverty, female foeticide, female infanticide, illiteracy, dowry and other factors can all contribute to trafficking. In this paper, the author will discuss Bride Trafficking in general, the reasons for it, the human rights violations that these trafficked brides face and the potential solutions to this illicit trade.

scholarly journals International Responsibility of the State and Human Rights: The case of the Maria da Penha Law in Brazil

2020 ◽  
pp. 57-70
Author(s):  
Karen Vanderlei Macêdo
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
The State ◽  
International Institute ◽  
Organization Of American States ◽  
American States ◽  
Brazilian State ◽  
Central Objective ◽  
International Responsibility

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.

scholarly journals Freedom Of Expression And Freedom Of Movement In The Immigration Space: Substance Over Forum

2021 ◽  
Author(s):  
◽  
Nicholas Cross
Keyword(s):  
Human Rights ◽  
Interpersonal Communication ◽  
Freedom Of Expression ◽  
Common Law ◽  
The State ◽  
Regulation Of Expression ◽  
Human Rights Protection ◽  
Freedom Of Movement ◽  
Legal Frameworks ◽  
Free Flow Of Information

<p>Globalisation and the availability of information through television and the internet have been a boon for the spread of ideas and for freedom of expression. These trends have also created challenges for the regulation of expression. Those with hateful views or harmful information have just as much access to modern communication tools as the rest of us. How policy makers respond to the free flow of information raises a multitude of questions.  However there is no doubt that the state still holds the upper hand in controlling the freedom of movement between borders. Despite the availability of information technology there is still a need for interpersonal communication to facilitate the freedom of expression. The freedom of movement is therefore important to enabling the freedom of expression, and states can restrict the later by restricting the former.  The aim of this paper is to comprehensively scrutinise the different approaches taken to regulating freedom of movement for the purpose of regulating freedom of expression. It looks with judicial reviews within common law jurisdictions and how the issue is managed within their existing human rights legal frameworks.  Firstly the paper will lay out a preferred approach to dealing with the regulation of freedom of expression in an immigration context, bearing in mind the rights which states have to control their borders and the justifications for doing so. The approach places strong emphasis on protecting the freedom of expression for all groups without seeking to challenge the existence or legitimacy of the ways states choose to regulate expression within their borders. It suggests that regulation should be limited to situations where it is likely that the visitor would choose to break the laws of the state they seek to visit, or where their visit could spark disruption involving violence which could not reasonably be controlled by law enforcement.  Secondly the paper will examine four cases from two common law jurisdictions in detail. There is an emphasis on understanding two themes. The first is explaining the broader context of human rights protection within those jurisdictions and how their approach to immigration control reflects or contradicts that protection. The second is upon critiquing and understanding the administrative law implications of the standards of review applied. Reference is made back to the preferred framework to help understand to what extent the cases stand for genuine protection of freedom of expression.</p>

Robot Rights vs. Human Rights

2017 ◽  
Author(s):  
Jennifer Robertson
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Ethnic Minorities ◽  
The State ◽  
New Approaches ◽  
Human Exceptionalism ◽  
Robot Rights ◽  
Ethnic Homogeneity ◽  
Japanese Residents

Since 2007, the Japanese state has actively promoted the virtues of a robot-dependent society and lifestyle. As the population continues to shrink and age faster than in other postindustrial nations, the state is banking on the robotics industry to reinvigorate the economy and to preserve Japan’s alleged ethnic homogeneity. The concept of extending citizenship to robots is discussed in conjunction with human rights and policies affecting ethnic minorities and non-Japanese residents. Laws of robotics articulated by Isaac Asimov and Osamu Tezuka are compared, and the familial nature of the latter’s is analyzed. What does the Japanese pursuit of coexistence between humans and robots forecast about new approaches to and configurations of civil society and attendant rights in Japan and in other technologically advanced postindustrial societies? Chapter 5 closes with observations about human exceptionalism and Japanese exceptionalism regarding human-robot relations.

scholarly journals The liability Resulting from Nullity of the Arrest of the Accused in Libyan law: المسؤولية المترتبة على بطلان القبض على المتهم في القانون الليبي

2019 ◽  
Vol 3 (8) ◽  
Author(s):  
Abdallah A Sherif , Badruddin Haj Ibrahim
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Freedom ◽  
Legal Responsibility ◽  
Freedom Of Movement ◽  
Legal Provisions ◽  
General Rules ◽  
Descriptive Approach ◽  
The Individual ◽  
The Right

This study examines the nature and circumstances of the nullity of the arrest of the accused and the consequent legal responsibility for those who implement it in the Libyan legislation. To arrest someone is one of the most dangerous measures against human freedom and affects one of the most significant human rights: the right to freedom, The study relies on the analytical descriptive approach to describe the legal responsibility resulting from the nullity of the procedures for the arrest of the accused by examining and analyzing the legal provisions and the judicial authorities concerned in the Libyan law, to identify the conditions of the nullity of the arrest and its nature and types and effects on the resulting evidence, as well as an assessment of the position of the Libyan legislature towards the legal responsibility. The findings of this study reveals a number of results, the most important: that there is a clear judicial disorder and a big difference between the explanation of the law on the type and nature of nullity resulting from violation of guarantees of arrest. It also reveals that the crime of unjustified arrest varies depending on its source, as individual arrest made by another individual does not violate the freedom of movement of the individual but rather to violate the right itself. Most of the Arab legislation, including Libyan legislation, has taken the theory that the state is not responsible for the work of the judiciary. The Libyan legislator did not directly state the responsibility of the state for the illegal arrest of the judicial officers, and attributed this to the general rules of responsibility.

23. Freedom of Movement

2020 ◽  
pp. 629-646
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Case Law ◽  
The State ◽  
European Convention ◽  
Freedom Of Movement ◽  
The Right

This chapter examines the protection of the freedom of movement in the European Convention on Human Rights (ECHR), explains the provisions of Protocols 4 and 7, and discusses the prohibition of expulsion of nationals and the right of entry to the territory of the State of nationality. It describes the complaints of violations of the freedom of movement provisions of Protocols 4 and 7, and analyses the Strasbourg Court’s interpretation of these provisions, considering the reasons given for restrictions of movement. The chapter also considers the case-law on the collective expulsion of asylum seekers and migrants who have sought protection in Europe.

23. Freedom of Movement

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Freedom Of Movement ◽  
The Right

This chapter examines the protection of the freedom of movement in the European Convention on Human Rights (ECHR), explains the provisions of Protocols 4 and 7, and discusses the prohibition of expulsion of nationals and the right of entry to the territory of the State of nationality. It describes the complaints of violations of the freedom of movement provisions of Protocols 4 and 7, and analyses the Strasbourg Court’s interpretation of these provisions.

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