Women's Human Rights Resources Database

This article seeks to show that the defence of constructive consent in sexual abuse cases as articulated by the Supreme Court of Canada increases the difficulty for victims to procure a civil remedy. The author argues that constructive consent undermines the autonomy and dignity of women by allowing for the objective determination of consent by a third party in cases of sexual assault; "only voluntary and affirmative consent should be accepted as a valid defence to claims of sexual wrongdoing". The author posits the recognition of a separate tort of sexual battery with specific criteria that prioritize the protection of women's rights. [Descriptors: Violence Against Women, Canada]

This report deals with sexual violence during periods of wartime and the struggle that with understanding this crime due to the difficulties associated with studying it. The report begins with acknowledging the scarcity of data on the subject despite its great prevalence and long-lasting effects on women’s mental and physical health. Next, the report examines the importance of examining the circumstances of the location and cause of armed conflict to implement successful preventative interventions as well as raise awareness to the crime. The report concludes with a discussion on the need of humanitarian aid to not only bring perpetrators of sexual violence during armed conflict to justice, but also ensure that survivors have the necessary access to appropriate care.

This article discusses honor killing in contemporary Jordan from a legal and social perspective. The author begins with an overview of the cultural context of honor killing. The article asserts honor killing is a historical practice mostly emanating from cultural notions than religious ones. Regarding domestic law, the author points out that the Penal Code perpetuates the issue through penalty reductions for honor killings. The article notes that international law affirms women’s equal right to life, liberty, and security of person but also protects Indigenous people’s right to self-determination. Some argue that Indigenous people in Jordan therefore have the right to commit honor killings as a cultural practice. However, the author warns that such interpretations violate international human rights provisions against sex discrimination. The article concludes that Jordan must eliminate Penal Code articles that give mitigating excuses, establish domestic organizations focused on tackling honor killing, and educate citizens about equal rights.

The author summarizes EU anti-trafficking policies between 1996 and 2006, particularly focusing on the Framework Decision on combating trafficking in human beings and the Directive on the short-term residence permit for victims of trafficking.  The Framework Decision only moderately harmonized anti-trafficking efforts, leaving member counties to independently decide on the priority of enforcement, and define specifics of sexual morality, permissible migration, labour standards, and prostitution policies. The author describes the Directive as viewing victims suspiciously and using victims simply as a source of information regarding other criminal activity. The Action Plan adopted in 2005 represents some steps forward by recognizing the need for a human rights perspective, addressing the gender-based causes of trafficking, and mentioning the prospect of reducing the demand for trafficking. 

This article discusses sexual violence against women as a form of gender-based discrimination and human rights violation within the context of Bangladesh. By reviewing various sources such as articles, books, statistics, reports and other related literature, Subrata Banarjee identifies a number of factors contributing to sexual violence against women including patriarchal social structures, forced marriages, cultural practices, and barriers in access to justice. Banarjee discusses both the social and psychological effects that sexual victimization has on women in Bangladeshi society, families, hospitals, and courts, and the ways in which the criminal justice system is limited in its address of these concerns. Lastly, Banarjee advocates for legal reforms to reduce rape and sexual assault by implementing government interventions such as laws and policies, as well as public awareness campaigns using mass media and other community-based methods.

This research paper focuses on the role of international legislation in combatting the crime of women trafficking and reducing its effects. The article provides an in-depth examination of the situation in Lebanon given its significant records of human trafficking. The author conducts this by outlining the various forms and facilitations of women trafficking and suggesting solutions for Lebanese legislation that would also be compatible with international legislation. Some of these suggestions include developing an effective national system capable of investigating the crime, enacting regulations to compensate for damages suffered by victims, implementing victim protection programs, enhancing international cooperation to unify efforts to combat women trafficking, and encouraging Member States of the United Nations to submit annual reports outlining the efforts and actions taken to address human trafficking.

This article discusses the pivotal importance of Jessica Gonzales v United States, heard by the Inter-American Commission in March 2007. At the time this article was written, the case had not yet been decided. The article offers an in-depth discussion of Ms. Gonzales' case, while also providing a comprehensive outline of the current treatment of domestic violence within American law and international human rights law. The case is not only important to Gonzales but also to the rights of women, especially those of colour. In particular, the article discusses how domestic violence is often viewed as a private issue and, thus, has been neglected both in state law and international human rights law. The article discusses the importance of framing domestic violence as a human rights violation, and explains how the case may serve to change the legal, political and social perspectives on violence against women. Caroline Bettinger-Lopez, Human Rights at Home: Domestic Violence as a Human Rights Violation (2008) 40:1 Colum HRL Rev 19.

The author argues for the recognition of rape under international human rights law as a method of torture. She begins by surveying the history of the prohibitions of rape and torture and examines the international community's failure to link the prohibitions of torture and rape. She notes that this failure has occurred by addressing women's rights as mainstream human rights, by perceiving torture and rape as separate offenses and by limiting the context of torture to detention. She argues that rape falls within the parameters of torture since rape is a physical and mental assault causing severe pain and suffering; committed for the purpose of punishment, discrimination, intimidation or coercion; and committed by a public official or a private individual acting with the acquiescence of the state. [Descriptors: Violence Against Women, International]

This article investigates the higher instances of domestic and family violence (DFV) associated with post-conflict communities. The author argues that the protection of women and children from DFV must constitute a public policy objective rather than a private sphere issue. States have an obligation to provide protective measures for victims of violence under international human rights law. Failure to do so may result in state violations of the fundamental human rights norms of the right to life, the prohibition on discrimination and the right to health. As  such, the article advocates for peacebuilding frameworks to incorporate the following initiatives:  emergency support services for victims of DFV, legislation criminalizing DFV, training of law  enforcement officials in DFV response and protection, and the installation of long-term measures to  facilitate cultural change to mitigate violence against women and children. 

This article makes inquiries into the position of women in contemporary armed conflicts and whether it has, in legal terms, changed at all since the Second World War. The author identifies that the method and scale of perpetration of violence significantly changed, such that sexual violence against women in war is no longer a side effect of hostility but has evolved to become deliberately used as a weapon of war and a means of political repression to intimidate members of an entire community or ethnic group. Moreover, the author examines the evolution of legal frameworks including the Geneva Conventions 1949, Statutes of International Criminal Tribunals and other regulations, coming to the conclusion that women’s rights in armed conflicts are simultaneously more protected and more violated, and that the efforts of international actors have not been proven effective.

The article states that older women often face discrimination due to their economic status, mental and health barriers, and are vulnerable to forms of violence and abuse. The article cites various treaties such as the Vienna Plan of Action and UDHR. However, it states that the specific mention of older women in these treaties is very limited. The article further references CEDAW and the Madrid Plan of Action as examples of treaties that they believe contain more well-rounded recommendations of how to specifically attend to the vulnerabilities of older women. These plans address developing proactive measures to ensure supportive environments, the acknowledgement and recognition of signs and symptoms of abuse and obligation to investigate and prosecute these violent acts. The article notes that while these two treaties are not legally binding, they be used as guidelines when forming adequate policies to promote the human rights of older women.  

This article addresses the battering and sexual abuse of women by their partners. The author argues that such violence must be understood as torture, giving rise to obligatory international and national responsibilities. She notes two major obstacles to the recognition of intimate violence against women as a human rights violation: the public/private dichotomy in international law and the persistent trivialization of violence against women. The thesis of this article is that when stripped of privatization, sexism and sentimentality, private gender-based violence is no less grave than other forms of subordinating official violence that have been prohibited by treaty and customary law and recognized by the international community as jus cogens, or peremptory norms. [Descriptors: Violence Against Women, International]

This article suggests that international human rights litigation be used to combat domestic violence and to bring the problem of domestic violence into the public domain. Part I explains how domestic violence constitutes an international human rights violation, identifies states' responsibilities and defines battered women's complaints under international human rights law. Part II examines recent developments in this field and weighs the pros and cons of various mechanisms for enforcing women's right to be free of domestic violence. The Women's Convention is given special attention as the major instrument setting forth women's rights under international law, but the analysis shows that this treaty has serious drawbacks as an enforcement mechanism. Part III demonstrates the viability of individual battered women's petitions before the Commission. [Descriptors: Violence Against Women, International]

This article discusses programs targeting Indigenous men in the prevention of violence against women, families, and communities within Western Australia. The information presented may be applicable to other Western states such as Canada and the United States. The article discusses crime-prevention programs that target Indigenous men through the right of Indigenous self-determination. The author stresses the importance of implementing Indigenous modes of control and expression through programs that are run by community organizations or are court-mandated for prisoners. The author concludes that in order for these programs to be successful, they must approach crime prevention holistically, involve community Elders, be guided by principle of self-determination, and be comprised of culturally appropriate staff and content.

This article analyzes the key issue of women refugees being subject to increased gender-based violence in addition to the general trauma and torment that they face in their plight. Women refugees face a double disadvantage because of their weaker position in cases of exploitation, and many increase their exposure to sexual abuse while fleeing from persecution. In response to this on-going issue, the authors suggest recognizing the gender centric violence within the ambit of persecution. Thus, the authors call for including “sex” as one of the five enumerated grounds of persecution in the 1951 Refugee Convention. Further, the authors advocate for promoting the financial, education, and health needs of women refugees and girls.

UN Women discusses concrete actions to eliminate violence against women and it is a centerpiece of the global development agenda for the future. This article reviews constitutional and legislative developments around violence against women, and how a human rights framework can address this issue. While there has been major progress in establishing the right of women to live free of violence in both international and national law in the past decade, the main issues of future reform are the weak implementation of these laws and unreported violence. Furthermore, reform is required related to the monitoring and evaluation of legislation and changes to the system as this information is scarce. The author also suggests that women’s groups and civil society can bring about this reform and monitoring implementation.

This article examines whether Turkey is fulfilling its duty of protecting women from gender-based violence. The author explains that the authoritarian and Islamist governance established in Turkey under the new political regime and the withdrawal from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) does not relieve Turkey from its duty to protect its citizens from the criminal acts of private individuals. By examining international and regional approaches to positive obligations, the author concludes that the government is not fulfilling its positive obligations but rather reinforcing gender-based violence by embracing discourses and practices that tolerate violence against women. The reluctance of national authorities in addressing gender-based violence gives room for the impunity of perpetrators. The author highlights that infringement hearings against Turkey by the European Court of Human Rights might be initiated given the erosion of the rule of law, democracy, and human rights.

This article explores the increasing number of cross-applications as they relate to domestic violence in Queensland, Australia. Cross-applications occur where both parties (man and woman) seek a protection order against the other. While cross-applications are a smaller subset of claims made (the majority are made by only women), the increase calls into question the state response to domestic violence claims. Concerns including the ability to give effect to cross-applications, as well as the chance that one party will use the ability to cross- apply to pressure or coerce the other, are explored. The possibility that cross- applications trivialize the claims put forth by one party (frequently the woman) is also addressed. The author discusses the role of law enforcement in addressing these problems.

The article examines the importance of credibility in refugee hearings and the gendered problems associated with its evaluation. The author uses female genital mutilation (FGM) as a case study, as many women claiming asylum on the grounds of FGM face difficulty in establishing credibility. The article begins by defining refugee status and the relevance of credibility in establishing a claim as per the UNHCR handbook. Next, the author discusses credibility determinations in Ireland. The article then draws links between credibility and FGM and the author concludes by proposing alternatives to the current method of credibility evaluation that may be better suited to gender-specific claims and therefore result in more accurate determinations.

This article analyzes the Convention on the Elimination of All Forms of Discrimination Against Women as a part of an emerging global system of law to end violence against women. The author suggests that despite the lack of enforceability of CEDAW and its operation within domestic state laws, the Convention is similar to state law. She begins by providing some background information on CEDAW and its role in eliminating violence against women. Challenges to implementing CEDAW and issues such as ratification, committee hearings, surveillance, culture and NGO activity are also discussed. [Descriptors: Violence Against Women, International]

Using refugee camps in Guinea in 2002 as a case study, the author discusses how refugee women are frequently subject to sexual violence and sexual exploitation whiling lacking means to address these fundamental rights violations. It was found that the operation and structure of the Guinean refugee camps systematically disadvantaged women, made them dependent on men for assistance, and left them vulnerable to sexual violence. Although various governmental and non-governmental organizations worked together to fulfill state-like functions in the Guinean refugee camps, they did not provide an effective safeguard against violations of human rights. Barriers to effective rights-based refuge included lack of enforcement of laws and policies designed to protect women, limited access to justice, and ineffective accountability measures. The author argues that the protection of womens human rights must be a priority and advocates for the implementation of an accessible system of accountability for refugee women. Alice Farmer, Refugee Responses, State-Like Behavior, and Accountability for Human Rights Violations: A Case Study of Sexual Violence in Guinea's Refugee Camps (2006) 9 Yale Human Rts & Dev LJ 44.

This article analyzes the failure of international law to take into account the gendered nature of violence and how this has not evolved significantly over time. Specifically, the author compares the concerns expressed by foundational international legal scholar Christine Chinkin in 1997 to those remaining in 2019 on the integration of feminist theory with international law. The article describes how contemporary concerns around the impact that a gendered focus in international law has on men is problematic. Gender neutral analysis in this field serves as a barrier to true and transformative change to the system. The article concludes by exploring how feminist political theory is divided, and how this intra-feminist division has impacted individual women’s role as substantive feminist agents in international institutions. The plethora of enduring disagreement in the feminist theory tradition gives rise to an intellectual incoherence that undermines strategic feminist international law initiatives.

Social and economic rights offer to address some of the underlying conditions that expose women to violence thus potentially performing a preventative function. Although guaranteeing women decent education, jobs, and housing can reduce their chances of depending on violent men, it fails to address the attitudinal factors that underlie patriarchal practices. As such, the author suggests ways in which the social and economic rights can address violence against women, through an analysis of policies and laws in South Africa. This research highlights the value of public interest law in not only litigation but also advocacy for law reform, public education, and more. Furthermore, the author highlights key factors to consider when completing important advocacy issues, such as amicus submissions and political contributors. 

This article examines theories of domestic violence against women in the Anglophone African context, noting the varying explanations of the causes of domestic violence and prescribed solutions. The author begins by describing these theories, noting that a number of them combine feminist explanations with suggestions for liberal democratic legal reforms and human rights theory. She also explores theories that are rooted in "cultural" or social explanations particular to the African context and history. She concludes that no single grand theory is capable of explaining domestic violence against women in Africa; rather, violence against women is multi-causal and must be addressed on numerous fronts. [Descriptors: Violence Against Women, International - Africa]