scholarly journals An Analysis on Domestic Violence (Offence and Punishment) Act of Nepal, 2009

2013 ◽  
pp. 159-170
Author(s):  
Ankita K. C.

Women have always been an object of gross and severe violence at the hands of man. The biological weakness of a woman makes her an easy prey to all and sundry. She often is a victim of physical and mental violence not only outside her home but also inside it. Every society accepting the importance of equality of sexes has therefore, made affirmative provisions against gender discrimination. However, in spite of the enactment of these kinds of provisions, equality between men and women continues to be an elusive goal. Hence, women are deprived of basic freedom and thereby are easily exposed to exploitation. This has led violence against women to be a global phenomenon. Violence against women has been gradually recognized to be an important aspect of human rights violation of women. The author this article tries to highlight the concept of violence against women, analyzing the legislative tools available dealing with the violence against women. The author compares the domestic laws dealing on the violence against women with the international tools and draws the attention on the lacunas of domestic laws. The author also recommends what need to be done in future to address the aspect of violence against women in an effective way.

Author(s):  
Enejda Osmanaj

The objective for gender equality policy is that women and men must have the same power to shape society and their own lives. While equality is an essential component of the human rights' protection, gender in equalities are still present in our society. One of the most serious violations of gender equality is violence against women. Violence against women is a form of discrimination, which is rooted in gender inequality. According to a study by INSTAT (2007), 27, 6% of women reported that violence had started after marriage. Abused women often were unwilling, to talk openly about domestic violence. in terms of urban versus rural differences, women in rural areas were significantly more likely to "ever" experience domestic violence of all types, compared to women in urban areas. There were also significant differences based on level of education. Women with a primary education were significantly more likely to "ever" experience domestic violence of all types, compared to women with a basic education or less, secondary education, and a university/post-university education. While women with a university/post-university education were least likely to "ever" experience domestic violence of all types, they were not immune to domestic violence in their marriage/intimate relationships simply because they were highly educated. Since 1993, Albania is part of Convention "On the Elimination of All Forms of Discrimination against Women" (1981) (CEDAW), in order to prevent gender inequalities, as well as to ensure wisely the protection of women from discrimination in higher levels. Other Albanian legal acts, as The Constitution of the Republic of Albania, the law no. 10 221/2010 "On Protection from Discrimination", the law no. 9970/2008 "On gender equality in the society" etc. intend to protect women, to prevent gender discrimination and to ensure gender equality. Albanian National Strategy on Gender Equality and Violence in Family (2011-2015) had also a great importance on setting some levels on gender equality. But unfortunately, gender discrimination and violence against women is still a very widespread phenomenon in Albania. Statistical data reflect a very cruel reality. Women's rights are an integral and indivisible part of fundamental human rights and a real, applicable, legal protection is needed.


2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington

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).


2016 ◽  
Vol 8 (12) ◽  
pp. 68 ◽  
Author(s):  
Roya Azizian ◽  
Bagher Saroukhani ◽  
Mahmod Mahmodi ◽  
Fereshteh Farzianpour

<p><strong>BACKGROUND &amp; OBJECTIVE:</strong> Intimate partner violence (IPV) against women is a global human rights and public health concern. The WHO Multi-Country Study on Women’s Health and Domestic Violence documented the widespread nature of IPV with lifetime prevalence of physical and/or sexual parter violence among ever-partnered women in the fifteen sites surveyed ranging from 15% in Ethiopia province to 71% in Japan.Across the world, violence against women is a major threat to their physical and mental well-being. This violation of the most fundamental human rights usually takes the form of family or domestic violence.</p><p>This study was conducted to determine the violence against women in Tehran in forensic center in 2001.</p><p><strong>METHODS: </strong>Data for this cross-sectional study were collected from women referring to Tehran Forensic Center, with a view to obtaining a realistic picture of violence to women.</p><p>Data were gathered on 120 subjects randomly selected women who completed questionnaires and interview.</p><p><strong>RESULTS: </strong>The women in this study had presented with wounds and injuries inflicted by their husbands. These women had been referred to the Center by family courts to complete legal formalities concerning injury diagnosis and duration of treatment.</p><p>The main factors underlying family violence were examined from five different aspects: behavioral and educational problems (79.2%), financial strain (54.2%), and interference by the husband’s family (39.2%), sexual problems (13.3%), and differences in culture and social class (10%).</p><p><strong>CONCLUSION: </strong>Factors found to have an accelerating or interfering role included the woman’s age and the couple’s education level. However, many women declared that several factors were contributing simultaneously to the problem of violence.</p>


Author(s):  
R Amy Elman ◽  

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.


2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka

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.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Buluma Bwire ◽  
Migai Akech ◽  
Agnes Meroka-Mutua

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


2017 ◽  
Vol 53 (5) ◽  
pp. 721-732 ◽  
Author(s):  
Ebenezer Durojaye

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.


2021 ◽  
pp. 152483802110484
Author(s):  
Lorena Molnar

Except for the knowledge that the Roma people endure harsh conditions and are victims of discrimination, scarce criminological research has given detailed attention to further victimisation or offending among the Romanies. Identifying articles in the browsers Web of Science, Google Scholar and Google, we reviewed European publications (1997–2020) in English, French, Romanian or Spanish that addressed the Roma’s victimisation or offending. The 44 studies that matched our criteria suggested that (1) Roma people are victims of hate crimes with devastating consequences; (2) Roma children and women are victims of domestic violence to a greater degree than other groups, although the Roma tend to oppose violence against women; (3) forced early marriages exist among some Romanies and may cause serious problems in adulthood; (4) youth delinquency among the Roma does not differ from that of the non-Roma, although Roma adolescents face more deprivation; (5) Roma men and women are overrepresented in prison and face many difficulties in re-entering society once they are released and (6) there are organised criminal activities in some Roma groups that are supported by their community. Further rigorous post-positivist research, particularly quantitative, is needed to generalise the findings and replicate former studies. Areas of special interest are the causes of anti-Roma discrimination other than ethnicity, the victimisation of children, the Roma’s lack of institutional trust and the relation between victimisation and offending. Conducting comparisons with the general population is essential, and we propose that victims’ surveys and self-reported delinquency studies include questions on ethnicity.


Sign in / Sign up

Export Citation Format

Share Document