scholarly journals The problems of violence against women in international law

2021 ◽  
Vol 12 (3) ◽  
pp. 803-819
Author(s):  
Valery V. Chernikov ◽  
◽  
Olga K. Goncharenko ◽  
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Violence Against Women ◽  
Legal Aspects ◽  
Council Of Europe ◽  
Public And Private ◽  
Genital Mutilation ◽  
The Public ◽  
Women And Girls ◽  
Basic Approaches

The problems of violence against women and domestic violence were reflected in Goal No. 5 of the 2030 Agenda for Sustainable Development, which calls for gender equality and empowerment of women and girls while addressing such challenges as elimination of all forms of discrimination against women and girls; eradication of violence against women and girls in the public and private sphere, including human trafficking, sexual and other forms of exploitation; liquidation of all harmful practices, in particular forced marriages and female genital mutilation. In this article, the authors examine existing conventional and doctrinal definitions and qualifications of the terms “violence against women” and “domestic violence” in international law, explore international legal aspects of prevention and combatting violence against women and domestic violence, conduct a comprehensive analysis of a conceptual framework related to these offences, and present basic approaches to the concept of domestic violence. The authors also examine the link between two core international universal and regional legal acts in this field — Convention on the Elimination of all Forms of Discrimination against Women and Council of Europe Convention on preventing and combatting violence against women and domestic violence. The authors derive a new understanding of the due diligence principle (a well-known principle/standard in international law) with regard to violence against women and domestic violence issues, clarify its key components while codifying states’ main obligations in this sphere. In conclusion, the authors deduce that the questions of elimination of discrimination against women and eradication of violence against women can only be considered collectively, confirming the validity of the theory of a genderbased approach to the issue, which is adhered to by international human rights bodies.

scholarly journals Formation of the modern paradigm of countering gender-based violence in the activities of international organizations

2021 ◽  
Vol 2 (16) ◽  
pp. 261-278
Author(s):  
Viktoriia Mykolaivna Rufanova
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
International Organizations ◽  
General Assembly ◽  
Gender Based Violence ◽  
Council Of Europe ◽  
World Community ◽  
Women And Girls ◽  
Gender Based

The author conducted a retrospective review of the activities of international organizations through the prism of their role in forming the legislative foundation for combating gender-based violence. It is noted that for the first time at the international level the norm of equality of all people was enshrined in Art. 2 of the Universal Declaration of Human Rights in 1948. An important step towards combating gender-based violence was the signing in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Istanbul Convention visualizes the issue of gender-based violence. It has been determined that women and girls are increasingly exposed to severe forms of violence, such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honor", and genital mutilation, which constitutes a significant violation of human rights. for women and girls and is a major obstacle to achieving equality between women and men. The author singles out three conditional periods of formation of the modern paradigm of counteraction to gender - based violence in the activity of international organizations: 1) 1945 - 1974. The basic foundations of gender equality are laid at the level of the UN Charter and the Universal Declaration of Human Rights. Combating gender-based violence was not considered through the prism of sex discrimination. The activities of the world community were aimed primarily at combating discrimination against women in the political, socio-economic and cultural spheres of society. 2) 1975-2010.During this period, all 4 World Conferences on the Status of Women were held. In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. Articles 30 of the Convention clearly define discrimination against women and propose an agenda for action at the national level to end such discrimination. The Declaration on the Elimination of Violence against Women, adopted by the General Assembly in 1993, contains a definition of violence against women. 3) 2011 - to the present time. This period covers the process of realizing the scale of the spread of gender-based violence. A key event of this period was the adoption in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Activation of the world community to intensify the fight against gender-based violence. Adoption of sustainable development goals, in which gender equality is recognized as the general idea (Goal 5) and condition of sustainable development.

Lament as Womanist Healing in Times of Global Violence

2020 ◽  
pp. 139-155
Author(s):  
Cheryl A. Kirk-Duggan
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Communal Violence ◽  
Loss And Grief ◽  
Pain And Suffering ◽  
Cultural Texts ◽  
Women And Girls

Globally, violence against women and girls is a pandemic—resulting in massive trauma and death. Certain scriptures and cultural texts condone the aggression; others adamantly protest heinous, unjust behaviors. Lament provides an avenue for naming and processing individual and communal violence, grief, and pain. This essay explores lament as response to pain and suffering generated amidst sexual and domestic violence, from a global womanist perspective. After providing a brief overview of my womanist biblical hermeneutic, this essay: (1) explores lament as a response to patriarchal misogynistic violence in Scripture, in dialog with global domestic violence; (2) explores lament embodied in selected Psalms, lamentations, and a lament by Beyoncé; and (3) concludes by invoking lament as a pathway of engaging global, daily loss and grief.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

What Is Violence against Women and Girls (VAWG)?

2020 ◽  
Author(s):  
Jacqui True
Keyword(s):  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Violence Against Women ◽  
Partner Violence ◽  
Intimate Partner ◽  
Wide Range ◽  
Women And Girls ◽  
Forms Of Violence

What do we mean by VAWG? “Violence against women and girls” (VAWG) is a catch-all phrase. It includes a wide range of forms of violence. Often when people talk about VAWG in Western societies, they are referring to intimate partner violence or domestic violence...

scholarly journals On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law

2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Migrant Women ◽  
Eu Law ◽  
Council Of Europe ◽  
Abusive Relationship ◽  
Victims Of Violence ◽  
Istanbul Convention ◽  
The Eu

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.

scholarly journals The Public-Private Distinction in Global Governance: How Relevant is it in the Case of Voluntary Sustainability Standards?

2017 ◽  
Vol 3 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Axel Marx
Keyword(s):  
International Law ◽  
Legal Status ◽  
Public Governance ◽  
Public And Private ◽  
Unit Of Analysis ◽  
The Public ◽  
Private Organization ◽  
Private Standards ◽  
Specific Standard ◽  
Sustainability Standards

Whether global rules and standards originate from a public intergovernmental body or from a private organization has significant implications for the applicability of international law such as wto law. However, how sensible is this distinction between public and private? This paper argues that the distinction between public and private standards only makes sense if one looks at the legal status of specific standard-setting organisations. However, the distinction between public and private begins to blur and fade if one switches the unit of analysis. First, the paper shows that private standards are often based on internationally agreed (public) rules and norms. Second, the paper argues that governments on purpose or in the design of their policies take these private initiatives on board. Hence, they become an integral part of ‘public’ governance. These arguments are developed on the basis of an analysis of Voluntary Sustainability Standards (vss).

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