Finding a Mechanism to Enforce Women's Right to State Protection from Domestic Violence in the Americas

Title: 
Finding a Mechanism to Enforce Women's Right to State Protection from Domestic Violence in the Americas
Journal Citation: 
34 HARVARD INTERNATIONAL LAW JOURNAL, 507-561 (1993).
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]