Gender Violence Human Rights

Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland

This book builds on work that examines the interactions between immigration and gender-based violence, to explore how both the justification and condemnation of violence in the name of religion further complicates our societal relationships. Violence has been described as a universal challenge that is rooted in the social formation process. As humans seek to exert power on the other, conflict occurs. Gender based violence, immigration, and religious values have often intersected where patriarchy-based power is exerted on the other. An international panel of contributors take a multidisciplinary approach to investigating three central themes. Firstly, the intersection between religion, immigration, domestic violence, and human rights. Secondly, the possibility of collaboration between various social units for the protection of immigrants’ human rights. Finally, the need to integrate faith-based initiatives and religious leaders into efforts to transform attitude formation and general social behavior. This is a wide-ranging and multi-layered examination of the role of religion in gender-based violence and immigration. As such, it will be of keen interest to academics working in religious studies, gender studies, politics, and ethics.

The nature of human security is changing globally: interstate conflict and even intrastate conflict may be diminishing worldwide, yet threats to individuals and communities persist. Large-scale violence by formal and informal armed forces intersects with interpersonal and domestic forms of violence in mutually reinforcing ways. Gender, Violence, and Human Security takes a critical look at notions of human security and violence through a feminist lens, drawing on both theoretical perspectives and empirical examinations through case studies from a variety of contexts around the globe. This fascinating volume goes beyond existing feminist international relations engagements with security studies to identify not only limitations of the human security approach, but also possible synergies between feminist and human security approaches. Noted scholars Aili Mari Tripp, Myra Marx Ferree, and Christina Ewig, along with their distinguished group of contributors, analyze specific case studies from around the globe, ranging from post-conflict security in Croatia to the relationship between state policy and gender-based crime in the United States. Shifting the focus of the term “human security” from its defensive emphasis to a more proactive notion of peace, the book ultimately calls for addressing the structural issues that give rise to violence. A hard-hitting critique of the ways in which global inequalities are often overlooked by human security theorists, Gender, Violence, and Human Security presents a much-needed intervention into the study of power relations throughout the world.

Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It has three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women. The relevance of the key Articles of the European Convention on Human Rights is explained. The book will include material on the definition of domestic abuse, elder abuse, parental abuse, and the impact of abuse on children. It seeks to bring out the themes which connect these issues as well as the ways in which they raise distinct questions.

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

Reports from war zones often note the obscene victimization of women, who are frequently raped, tortured, beaten, and pressed into sexual servitude. Yet this reign of terror against women not only occurs during exceptional moments of social collapse, but during peacetime too. As this powerful book argues, violence against women should be understood as a systemic problem—one for which the state must be held accountable. The twelve essays in Gender Violence in Peace and War present a continuum of cases where the state enables violence against women—from state-sponsored torture to lax prosecution of sexual assault. Some contributors uncover buried histories of state violence against women throughout the twentieth century, in locations as diverse as Ireland, Indonesia, and Guatemala. Others spotlight ongoing struggles to define the state’s role in preventing gendered violence, from domestic abuse policies in the Russian Federation to anti-trafficking laws in the United States. Bringing together cutting-edge research from political science, history, gender studies, anthropology, and legal studies, this collection offers a comparative analysis of how the state facilitates, legitimates, and perpetuates gender violence worldwide. The contributors also offer vital insights into how states might adequately protect women’s rights in peacetime, as well as how to intervene when a state declares war on its female citizens.

A health-care provider is likely to be the first professional contact for survivors of intimate partner violence or sexual assault. Evidence suggests that women who have been subjected to violence seek health care more often than non-abused women, even if they do not disclose the associated violence. They also identify health-care providers as the professionals they would most trust with disclosure of abuse. These guidelines are an unprecedented effort to equip healthcare providers with evidence-based guidance as to how to respond to intimate partner violence and sexual violence against women. They also provide advice for policy makers, encouraging better coordination and funding of services, and greater attention to responding to sexual violence and partner violence within training programmes for health care providers. The guidelines are based on systematic reviews of the evidence, and cover: 1. identification and clinical care for intimate partner violence 2. clinical care for sexual assault 3. training relating to intimate partner violence and sexual assault against women 4. policy and programmatic approaches to delivering services 5. mandatory reporting of intimate partner violence. The guidelines aim to raise awareness of violence against women among health-care providers and policy-makers, so that they better understand the need for an appropriate health-sector response. They provide standards that can form the basis for national guidelines, and for integrating these issues into health-care provider education.