Understanding Domestic Violence As A Gender Based Human Rights Violation

Examining 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.

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.

This book aims to bring together the pioneering research on gender based violence that has been conducted by the Centre for Gender and Violence Research at the School for Policy Studies, University of Bristol. Topics discussed include violence in young people’s relationships, prostitution policy, disabled women’s experiences of domestic violence, men as victims of domestic violence, feminist movements and methodological concerns. This book will have a wide appeal, as each individual chapter builds on and contributes to existing global and national concerns about gender based violence. The book starts with an exploration of key theoretical, conceptual and methodological issues in researching gender based violence, then moves on to look at specific national (UK) based empirical studies. The final section brings together a wide range of research from diverse contexts, ranging from China, Iran, India and refugee camps in Rwanda. The book will be an invaluable resource for researchers, students and practitioners who have an interest in this area, as well as for policymakers around the world. It will also be of interest to the general reader who wants to learn more about what is now a highly topical issue.

This book offers new perspectives on gender-based violence in three regions where the subject has been taboo in everyday discourse often due to patriarchal cultural norms that limit women’s autonomy. The contributions to this book provide rare insight into not only the levels and the socio-demographic determinants of domestic violence, but topics ranging from men’s attitudes toward wife beating; domestic violence-related adolescent deaths, and women’s health problems due to sexual and physical abuse. With a comprehensive introduction that provides a comparative international research framework for discussing gender-based violence in these three unique regions, this volume provides a key basis for understanding gender-based violence on a more global level. Part I, on Africa, covers men’s attitudes towards domestic violence, the impact of poverty and fertility, the association between adolescent deaths and domestic violence, and the link between domestic abuse and HIV. Part II, on the Middle East, covers the importance of consanguinity on domestic violence in Egypt and Jordan, the effects of physical abuse on reproductive health, and the link between political unrests and women’s experience and attitudes towards domestic violence. Part III, on India, shows how sexual abuse puts women at risk of reproductive tract infections and sexually transmitted infections, as well as the role of gender norms in wife abuse and the role of youth aggressive behavior in nonconsensual sex. With such a deep and broad coverage of factors of intimate partner abuse, this book serves as a reference document for researchers, decision-makers, and organizations that are searching for ways to reduce gender-based domestic violence. This book is of interest for researchers in Criminology and Criminal Justice, as well as Sociology, Social Work, Public Health and Human Rights.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

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.

Worldwide, patterns of violence against women differ markedly from violence against men. For example, women are more likely than men to be sexually assaulted or killed by someone they know. The United Nations has defined violence against women as "gender-based" violence, to acknowledge that such violence is rooted in gender inequality and is often tolerated and condoned by laws, institutions, and community norms. Violence against women is not only a profound violation of human rights, but also a costly impediment to a country's national development. While gender-based violence occurs in many forms throughout the life cycle, this review focuses on two of the most common types-physical intimate partner violence and sexual violence by any perpetrator. Unfortunately, the knowledge base about effective initiatives to prevent and respond to gender-based violence is relatively limited. Few approaches have been rigorously evaluated, even in high-income countries. And such evaluations involve numerous methodological challenges. Nonetheless, the authors review what is known about more and less effective-or at least promising-approaches to prevent and respond to gender-based violence. They present definitions, recent statistics, health consequences, costs, and risk factors of gender-based violence. The authors analyze good practice initiatives in the justice, health, and education sectors, as well as multisectoral approaches. For each of these sectors, they examine initiatives that have addressed laws and policies, institutional reforms, community mobilization, and individual behavior change strategies. Finally, the authors identify priorities for future research and action, including funding research on the health and socioeconomic costs of violence against women, encouraging science-based program evaluations, disseminating evaluation results across countries, promoting investment in effective prevention and treatment initiatives, and encouraging public-private partnerships.

Produced in collaboration with the Program for Appropriate Technology in Health (PATH), the Norwegian Agency for International Development (NORAD) and the Swedish International Development Agency (SIDA)