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What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on fem...
The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings o...
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-...
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, in...
The study has found that female refugees in refugee camps are exposed to sexual violence, physical violence and socio-economic violence including attempted rape, rape, gang rape, physical injuries, discrimination and stigmatization and denial of access to services. The book also discloses that male refugees and intimate partners of female refugees are the prime gender based violence perpetrators of female refugees in Mai Ayni refugee camp. Moreover, the study reveales that idleness, economic dependency, physical insecurity, lack of awareness, collapse of social and family structure as well as poor reporting, coordination and legal enforcement mechanisms are identified as causes/risk factors for gender based violence against female refugees in refugee camps. Moreover, mens’ feelings of ‘loss of power’ in the camp, which challenge male identity as superior to female, lead male refugees to anger and make female refugees vulnerable to different forms of gender based violence. Consequently, because of gender based violence, female refugees in refugee camps have to fear short and long lasting damaging consequences on their lives in terms of health, both physical and psycho-social.
Inside This Place, Not of It reveals some of the most egregious human rights violations within women's prisons in the United States. In their own words, the thirteen narrators in this book recount their lives leading up to incarceration and their experiences inside- ranging from forced sterilization and shackling during childbirth, to physical and sexual abuse by prison staff. Together, their testimonies illustrate the harrowing struggles for survival that women in prison must endure.
This volume addresses the varied response to domestic violence in a comparative, international context. The chapters are laid out in a consistent format, to cover: the nature of the domestic violence problem, theoretical explanations, the criminal justice response, as well as health care and social service interventions in each country. The intent of the book is to provide an introduction to the attitudes and responses to domestic violence in various regions, to provide meaningful comparisons and share information on best practices for different populations and regions. There are considerable variations to domestic violence approaches across cultures and regions. In some places, it is consid...
The importance of international law and institutions (Jackie Jones) -- Exploring the consequences of the normative gap in legal protections addressing violence against women (David richards and Jillienne Haglund) -- Normative developments on violence against women in the United Nations System (Rashida Manjoo) -- The African human rights system : challenges and potential in addressing violence against women in Africa (Nicholas Wasonga Orago and Maria Nassali) -- The European system : Convention on Human Rights (ECHR) and the Council of Europe Convention on Violence against Women and Domestic Violence (Istanbul Convention) (Jackie Jones) -- Violence against women : normative developments in the Inter-American Human Rights System (Caroline Bettinger-Lopez) -- Closing the normative gap in international law on violence against women : developments, initiatives, and possible options (Rashida Manjoo)
This multidisciplinary book examines the potential of economic and social rights to contest adverse impacts of neoliberalism on human wellbeing.