Synchronizing traditional legal responses to non-consensual sexual experiences with contemporary human rights jurisprudence

2005 ◽  
Author(s):  
Charles Ngwena
Keyword(s):  
Human Rights ◽  
Sexual Experiences ◽  
Legal Responses

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

4. Domestic Abuse

Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
Legal Responses ◽  
The Family

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law

1999 ◽  
Vol 6 (1-2) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Historical Process ◽  
Detailed Consideration ◽  
Legal Responses ◽  
Dayton Peace Agreement ◽  
Dayton Agreement

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.

Migration Crises in Turkey

2018 ◽  
pp. 426-444
Author(s):  
Zeynep Kivilcim
Keyword(s):  
Human Rights ◽  
The Self ◽  
Migration Policies ◽  
National Legislation ◽  
European Court ◽  
Legal Responses ◽  
Self Interest ◽  
The World ◽  
Turkish State ◽  
Motivating Factor

Turkey is the country that hosts highest number of refugees in the world. The paradigm of crisis nurtures and sustains legislation and policies in the field of migration and asylum in the country. Migration legislation of the Turkish state consists mainly of the subsequent codifications of its practice relating to different crises constructed around the mass influxes of migrants into its territory. This context of crisis determines not only the scope and content of the legislative and political measures but also shapes the structures of the institutions in the field of immigration. The second paradigm governing Turkish migration policies is ‘Europeanization.’ This paradigm materializes in the effort of the subsequent governments of Turkey to align national legislation with the two contradicting legal regimes governing migrants in Europe: the European Union’s migration regulations and the Council of Europe’s regime framed by the jurisprudence of the European Court of Human Rights. This chapter aims to study the dynamics of migration policies in Turkey and the self-interest of Turkish state as a motivating factor to its legal responses to refugee ‘crises.’

scholarly journals MISSION IMPOSSIBLE? ADDRESSING NON-EXECUTION THROUGH INFRINGEMENT PROCEEDINGS IN THE EUROPEAN COURT OF HUMAN RIGHTS

2017 ◽  
Vol 66 (2) ◽  
pp. 467-490 ◽  
Author(s):  
Fiona de Londras ◽  
Kanstantsin Dzehtsiarou
Keyword(s):  
Human Rights ◽  
European Court ◽  
Legal Responses

AbstractNon-execution of the judgments of the European Court of Human Rights is a matter of serious concern. In order to address it, the reasons for and dynamics of non-execution need to be fully considered. This paper engages with non-execution by sketching the underpinning issues that help to explain it and, we argue, must shape our responses to it. Through this engagement, we conclude that non-execution is properly understood as a phenomenon that requires political rather than legal responses. This calls into question the usefulness of the infringement proceedings contained in Article 46(4) of the Convention and which it has recently been suggested ought to be embraced in attempts to address non-execution. We argue that, even if the practical difficulties of triggering Article 46(4) proceedings could somehow be overcome, the dynamics of non-execution suggest that such proceedings would be both futile and counterproductive, likely to lead to backlash against the Court and unlikely to improve States’ execution of its judgments.

scholarly journals Is Religious Intolerance Good for Your Health?

2020 ◽  
Vol 8 (2-3) ◽  
pp. 201-227
Author(s):  
Ciarán Burke
Keyword(s):  
Human Rights ◽  
Interesting Case ◽  
Political Rights ◽  
International Convention ◽  
Religious Intolerance ◽  
Legal Responses ◽  
Fit For Purpose ◽  
Korean State ◽  
Human Rights Norms

Abstract Legal responses to the covid-19 pandemic have varied widely. Korea represents an interesting case study, as it seemed particularly well prepared, having enacted legislation in the wake of the mers outbreak, in 2015, to tackle future pandemics. This obviated recourse to emergency powers legislation, and couched Korea’s response in normal legislation, which tends to raise fewer human rights concerns than may arise under emergency measures. Despite this, however, Korea’s response to covid-19 raises significant questions about its compliance with core human rights norms under the International Convention on Civil and Political Rights, including freedom of religion and non-discrimination. These arose with regard to the state’s treatmennt of members of the Shincheonji Church of Jesus (scj), a relatively small, occasionally controversial, religious group. The treatment of the scj by the Korean state raises questions about whether its legal approach to tackling covid-19 was fit for purpose.

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