The Theory of Domestic Violence in International Law
Author: Bonita Meyersfeld
Publisher:
Published: 2016
Total Pages: 341
ISBN-13:
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Domestic Violence and International Law
Author: Bonita Meyersfeld
Publisher: Bloomsbury Publishing
Published: 2010-03-23
Total Pages: 368
ISBN-13: 1847315720
DOWNLOAD EBOOKDomestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).
Understanding Domestic Violence as a Gender-based Human Rights Violation
Author: Jurgita Bukauskaite
Publisher: Taylor & Francis
Published: 2023-04-14
Total Pages: 211
ISBN-13: 1000866556
DOWNLOAD EBOOKExamining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.
Torture and Its Definition in International Law
Author: Metin Baolu
Publisher: Oxford University Press
Published: 2017
Total Pages: 571
ISBN-13: 0199374627
DOWNLOAD EBOOKThis book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.
Understanding Domestic Violence
Author: Rafael Art. Javier
Publisher: Rowman & Littlefield
Published: 2018-08-10
Total Pages: 418
ISBN-13: 0765709546
DOWNLOAD EBOOKUnderstanding Domestic Violence not only highlights and reexamines the different challenges that we continue to face in effectively addressing issues of domestic violence but provides innovated approaches to interventions that are more in keeping with the complex nature of domestic violence. This book provides a comprehensive and multifaceted examination of conditions and factors involved in domestic violence, including psychological, sociocultural, sociopolitical, and socioeconomic issues. The authors look at domestic violence through the trauma lens and intersectionality to develop intervention strategies within that context. Statistics and clinical examples from the field highlight unique culturally-based issues related to domestic violence among Latino, African American, and Arab Muslim communities, issues with woman perpetrators, and violence in the LGBTQ community, to name a few. In the end, Understanding Domestic Violence offers opportunities for the reader to engage in further discussion of the poignant issues discussed in the book, with the invitation to become part of the solution.
Family Ambiguity and Domestic Violence in Asia
Author: Maznah Mohamad
Publisher: Apollo Books
Published: 2013
Total Pages: 236
ISBN-13: 9781845195557
DOWNLOAD EBOOKDomestic violence in Asia is explored in this analysis through questions of family ambiguity and the relationship between concept, law, and strategy. Comparative experiences in the Asian context enable an examination of the effectiveness of family regulations and laws in diverse national, cultural, and religious settings. Key questions relate to the limits and relevance of the human rights discourse in resolving family conflicts; the extent to which power and control in intimate relationships can actually be regulated by a set of inanimate, homogeneous, and uniform policies and legislations; and how the state relates to the family as an ambiguous unit given state rules of governance that perpetuate unequal gender relations. Carefully considering the many components of domestic violence--such as state intervention versus the private domain and differences in legislation across Asia--the book offers new theoretical insights to the conceptualization of the family, culture, and law, and provides reasoned new perspectives on the effectiveness or inadequacy of present policies and enforcement strategies against domestic violence in Asia.
Domestic Violence Laws in the United States and India
Author: S. Goel
Publisher: Springer
Published: 2014-09-02
Total Pages: 133
ISBN-13: 1137387076
DOWNLOAD EBOOKDomestic Violence Laws in the United States and India is a comparative study of the domestic violence laws in India and the United States, seeking to illuminate the critical issues of intimate partner violence through the lenses of these two societies.
Unintended Consequences of Domestic Violence Law
Author: Heather Nancarrow
Publisher: Springer Nature
Published: 2019-09-07
Total Pages: 245
ISBN-13: 3030275000
DOWNLOAD EBOOKThis book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.
Domestic Violence Law
Author: Nancy K. D. Lemon
Publisher:
Published: 1996
Total Pages: 850
ISBN-13:
DOWNLOAD EBOOKThe materials are comprehensive in examining different points of view on the subject of domestic violence and law. They help the student explore the tension between theory and practice, a critical point in teaching this subject. A historical perspective is given so that students can see both the ways the laws have changed over the last century and also the ways they have not changed. This reader lends itself to discussions of the role of the attorney in crafting the law, not simply following it.
Domestic Violence and the Law
Author: Elizabeth M. Schneider
Publisher:
Published: 2008
Total Pages: 1064
ISBN-13:
DOWNLOAD EBOOKElizabeth M. Schneider (Brooklyn Law School) and Clare Dalton (Northeastern University School of Law) are joined by two new authors, Judith G. Greenberg (New England School of Law) and Cheryl Hanna (Vermont Law School) in this exciting new Second Edition. The casebook maintains its rich focus on examining domestic violence through a variety of theoretical, practical, and interdisciplinary lenses and remains the most comprehensive casebook on domestic violence. This book is widely used in law school courses and clinics on domestic violence, heavily adopted in undergraduate and graduate courses, and routinely relied upon by judges, attorneys, and other professionals who work in the field. The Second Edition captures the tremendous growth in domestic violence law and includes the many recent Supreme Court cases implicating domestic violence, including Crawford v. Washington, Davis v. Washington, Dixon v. United States, Georgia v. Randolph, Ayotte v. Planned Parenthood of Northern New England, and Castle Rock v. Gonzales. The new edition emphasizes the current expansion of case law and contains updated notes with practical problems. It adds three new chapters: sexual autonomy, reproductive rights and domestic violence; evidence in domestic violence cases and immigration, asylum and domestic violence. It streamlines the family law materials, highlights the most pressing issues in criminal law, and broadens the already significant integration of issues of diversity throughout the book including more materials on the impact of domestic violence on Native Americans, Muslims, teens, and the elderly.
