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The Istanbul Convention, Domestic Violence and Human Rights

The Istanbul Convention, Domestic Violence and Human Rights
Author: Ronagh McQuigg
Publisher: Routledge
Total Pages: 208
Release: 2017-09-19
Genre: Law
ISBN: 1317313054

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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.


Preventing and Combating Violence Against Women and Domestic Violence

Preventing and Combating Violence Against Women and Domestic Violence
Author: Sara De Vido
Publisher: Edward Elgar Publishing
Total Pages: 1009
Release: 2023-12-11
Genre: Law
ISBN: 1839107758

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This Commentary provides the first comprehensive analysis of the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice.


International Law and Violence Against Women

International Law and Violence Against Women
Author: Johanna Niemi
Publisher: Routledge
Total Pages: 437
Release: 2020-02-20
Genre: Law
ISBN: 1000032531

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This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.


Domestic Abuse and Human Rights

Domestic Abuse and Human Rights
Author: Shazia Choudhry
Publisher:
Total Pages: 0
Release: 2020
Genre: Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN: 9781780682310

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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.


Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 150
Release: 2012-01-01
Genre: Law
ISBN: 9789287172037

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The Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210) is the first legally binding instrument to address violence against women and domestic violence in Europe. It contains a wide range of obligations aiming to prevent violence, protect its victims, prosecute the perpetrators, implement coordinated policies and promote international co-operation. It also envisages a monitoring mechanism. The convention recognizes violence against women as a violation of human rights and is a major step forward in achieving gender equality in law and in fact.


Domestic Abuse and Human Rights

Domestic Abuse and Human Rights
Author: Jonathan Herring
Publisher:
Total Pages: 249
Release: 2018
Genre: Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN: 9781839700972

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Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It will have 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 will be 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 book argues that a human rights approach requires states to take a pro-active stance towards domestic abuse. It should no longer be regarded as a private matter, but as a human rights approach mandating state intervention, although within limits. So understood, the European Convention on Human Rights provides a powerful impetus for states to ensure an effective response to the major problem of domestic abuse.


DOMESTIC VIOLENCE AGAINST WOMEN

DOMESTIC VIOLENCE AGAINST WOMEN
Author: Vitulia Ivone
Publisher: CEDAM
Total Pages: 242
Release: 2019-12-05
Genre: Law
ISBN: 8813374488

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Violence against women is one of the most widespread, pervasive and serious violations of human rights affecting every country or area of the globe. Domestic violence against women and girls – commonly known as intimate partner violence or family violence – concerns any form of physical, psychological, sexual, or economic abuse perpetrated by partners and relatives. It encompasses multiple and varied acts and behaviors – ranging from emotional and verbal abuse to femicide – aiming at affirming power and control over women and their lives. Although combating this form of violence is especially challenging in the context of private settings, domestic violence is no longer treated as a “private matter”. Decades of mobilization and sensitization of societies and institutions, strongly supported by the restless action of women’s movements, have contributed to making violence against women a priority on the national and international agendas. Indeed, the road to the adoption of international binding instruments and national legislation on domestic violence has been long and twisted. Nonetheless, today women are protected against violence by some landmark legal instruments adopted at the global, regional and national levels. This book aims to offer a systematic overview of the legal protection afforded to women and girls against domestic violence and other relevant forms of violence and discrimination, while also critically assessing the state of the law at international, regional and domestic levels. Special focus is placed on the European and Italian legal frameworkS.


Politicizing Gender and Democracy in the Context of the Istanbul Convention

Politicizing Gender and Democracy in the Context of the Istanbul Convention
Author: Andrea Krizsán
Publisher: Springer Nature
Total Pages: 261
Release: 2021-09-13
Genre: Political Science
ISBN: 303079069X

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This book examines opposition to the Council of Europe’s Istanbul Convention and its consequences for the politics of violence against women in four countries of Central and Eastern Europe. Krizsán and Roggeband discuss why and how successful anti-gender mobilizations managed to obstruct ratification of the Convention or push for withdrawal from it. They show how resistance to the Convention significantly redraws debates on violence against women and has consequences for policies, women’s rights advocacy, and gender-equal democracy.


The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence - A tool to end female genital mutilation

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence - A tool to end female genital mutilation
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 110
Release: 2015-01-01
Genre: Social Science
ISBN: 9287180571

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This guide, produced jointly by Amnesty International and the Council of Europe, aims at helping design policies and measures to better address female genital mutilation and to pave the way for change. It is based on the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention), which entered into force in August 2014. The Istanbul Convention is the first treaty to recognise that female genital mutilation exists in Europe and that it needs to be systematically addressed (Article 38 of the Convention). It requires states parties to step up preventive measures by addressing affected communities, as well as the general public and relevant professionals. It entails obligations to offer protection and support when women and girls at risk need it most – and makes sure that their needs and their safety always come first.