Human Rights and Violence Against Women

Hardcover | August 14, 2017

byPatricia Londono

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How has sexual and domestic violence been articulated as a violation of the European Convention on Human Rights (ECHR)? This book evaluates the jurisprudence of the European Court of Human Rights (ECtHR) to address violence against women, specifically sexual violence, domestic violence andviolence against girls. Influenced by human rights treaties and decisions internationally, it considers the case law of the ECtHR in order to answer this question, and to argue for better incorporation of gender-based violence into the existing human rights paradigm.The book begins by questioning whether the current human rights paradigm can address women's human rights claims, or if this discourse should be abandoned altogether. It sets out a number of feminist theories, showing how they evolved, analysing their strengths and weaknesses, and assessing themagainst the subject matter of the book. It then goes on to examine the way that rape is substantively defined and treated in human rights law, focusing particularly on Article 3 and 14 and in particular on the problematic distinction between public and private actors in determining the nature of theviolation at issue. From here a procedural framework is developed, based on human rights principles for the handling of rape cases, and reconciling the positive duties towards complainants under Article 3 of the Convention and towards defendants under Article 6. The book then proceeds to examine how domestic violence(broadly conceived) is substantively treated under the Convention with reference to Articles 3, 5, 8, and 14, and also how the ECtHR is dealing with violence against girls.Drawing on the procedural framework developed earlier in the book, due consideration is given to the procedural requirements and positive duties emerging under the Convention to address domestic violence, before examining possible developments under Article 6 for extending the requirements forprocedural fairness to victims.

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How has sexual and domestic violence been articulated as a violation of the European Convention on Human Rights (ECHR)? This book evaluates the jurisprudence of the European Court of Human Rights (ECtHR) to address violence against women, specifically sexual violence, domestic violence andviolence against girls. Influenced by human ri...

Dr. Patricia Londono is a well-respected OUP author.

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Format:HardcoverDimensions:280 pages, 9.21 × 6.14 × 0.98 inPublished:August 14, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199579016

ISBN - 13:9780199579013

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Table of Contents

Introduction1. Can the Human Right Paradigm Address Women's Claims? Liberalism and Feminist Critique2. Defining Rape under the ECHR: Torture, Consent, and Equality3. Positive Obligations, Criminal Procedure, and Rape Cases4. Defining Domestic Violence under the ECHR: Physical Integrity, Liberty, and the Rights to Privacy5. Developing Procedural Frameworks for Domestic Violence: A Further Analysis of Positive Duties6. Violence Against Girls and the ECHR7. Fairer Trials for Victims of Gender-based Violence? Potential Developments under Article 6 ECHRConclusions