International Human Rights Law and Protection Against Gender-Based Harm on the Internet
International Human Rights Law and Protection Against Gender-Based Harm on the Internet

Author: Maria Sjöholm

Publisher: Springer Nature

Published: 2022-10-24

Total Pages: 370

ISBN-13: 3031158660

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This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and – if they are recognised as such explicitly or by way of interpretation – the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former’s functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online – including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
The Emerald International Handbook of Technology-Facilitated Violence and Abuse

Author: Jane Bailey

Publisher: Emerald Group Publishing

Published: 2021-06-04

Total Pages: 509

ISBN-13: 1839828501

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The ebook edition of this title is Open Access and freely available to read online This handbook features theoretical, empirical, policy and legal analysis of technology facilitated violence and abuse (TFVA) from over 40 multidisciplinary scholars, practitioners, advocates, survivors and technologists from 17 countries

International Human Rights Law and Protection Against Gender-Based Harm on the Internet
International Human Rights Law and Protection Against Gender-Based Harm on the Internet

Author: Maria Sjöholm

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9783031158674

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This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.

The Transformation of the Prohibition of Torture in International Law
The Transformation of the Prohibition of Torture in International Law

Author: Lutz Oette

Publisher: Oxford University Press

Published: 2024-06-04

Total Pages: 369

ISBN-13: 0198885768

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The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

The Digital Person
The Digital Person

Author: Daniel J Solove

Publisher: NYU Press

Published: 2004

Total Pages: 295

ISBN-13: 0814740375

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Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.

Guide to the Travaux Préparatoires of the United Nations Convention on the Elimination of all Forms of Discrimination against Women
Guide to the Travaux Préparatoires of the United Nations Convention on the Elimination of all Forms of Discrimination against Women

Author: Lars Adam Rehof

Publisher: BRILL

Published: 2021-09-27

Total Pages: 410

ISBN-13: 9004479449

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The United Nations Convention on the Elimination of all Forms of Discrimination against Women - as other international instruments - was negotiated in an international and multicultural context by diplomats and politicians from a number of countries. It dealt with a highly sensitive issue, the position and role of women in society and in the political decision-making process. The vast number of extensive reservations to the Convention bear witness to the fact that this is possibly one of the most contentious topics at the international level. Few other core universal human rights conventions have attracted a comparable number of reservations. This unique Guide is an attempt to create a picture of the legal--political background to the Convention. Its basic layout follows the style of a classical commentary with annotations to the individual provisions. These annotations draw on documentary sources from the years of preparatory discussions and negotiations (the travaux préparatoires). It primarily covers the genesis of the Convention, i.e. the drafting and negotiating process up to its adoption in 1979. To enhance the Guide's usefulness, a number of more recent documents have been incorporated, for example, the General Recommendations issued by the Committee on Elimination of Discrimination against Women have been reproduced and references to relevant recommendations have been inserted in the annotations to each provision in question. In addition to this, a number of other documents relative to the interpretation of the Convention have been reproduced in Part III, including lists of ratifications of and reservations to the Convention. Furthermore, lists of relevant global and regional instruments and case law have been compiled.

Violence against Women under International Human Rights Law
Violence against Women under International Human Rights Law

Author: Alice Edwards

Publisher: Cambridge University Press

Published: 2010-12-23

Total Pages: 411

ISBN-13: 1139494856

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Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.

It's in Our Hands
It's in Our Hands

Author: Amnesty International

Publisher:

Published: 2004

Total Pages: 0

ISBN-13: 9780862103491

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This report investigates causes, forms and remedies. It explores the relationship between violence against women and poverty, discrimination and militarisation. It highlights the responsibility of the state, the community and individuals for taking action to end violence against women.

Sexual Health, Human Rights and the Law
Sexual Health, Human Rights and the Law

Author: World Health Organization

Publisher:

Published: 2015-06-17

Total Pages: 72

ISBN-13: 9789241564984

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This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.