This book presents a novel and insightful examination of gender-based violence, inviting readers to consider this topic from various perspectives. It encompasses various conceptual discussions and international regulations and trends, while concurrently emphasising the legal regulations and practices of select Central and Eastern European countries. Significantly underrepresented in legal scholarship, this region has been overlooked and subject to limited comprehensive analyses. The authors address different aspects of gender-based violence, also covering some areas that have received little attention in academic literature, such as gender-based violence in academia and cyberstalking. Furthermore, the book incorporates recent empirical studies, thereby endowing readers with valuable insights into the specific challenges encountered in the region. By contributing to current research on gender-based violence in Europe, this publication is an invaluable resource for researchers, students, policymakers, and general readers interested in gender-based violence and the fight against it in the Central and Eastern European region.

This book addresses sexual and gender-based violence (SGBV) against women from an international law point of view. It identifies the reasons behind SGBV against women with a specific focus on cultural practices that try to justify it and highlights the legal challenges related to the topic for both national and international justice systems. The seven chapters of the book are: i) Introduction ii) SGBV a global concern; iii) International legal protection; iv) Role of international institutions; v) Role of cultural factors and vi) Challenges vii) Conclusions. In the light of concerted global efforts to bring to an end, or at least severely contain SGBV against women, the book provides a future roadmap to the United Nations system, States, international institutions, multidisciplinary scholars, civil society organizations and other global actors. The book contains a Foreword by Peter Maurer, President of International Committee of the Red Cross (ICRC).

Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

While gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors. Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia. By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law.

This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.

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.

The Court Companion on Gender-Based Violence Cases navigates international law and Pakistan's domestic legal framework for an analysis of applicable legal norms to make justice more accessible to victims of gender-based violence. Affecting one in three women in the world, gender-based violence is pervasive but invisible. Social taboos, patriarchal norms, and gender-unsensitized legal frameworks prevent victims from attaining justice. This publication is particularly useful for judges, prosecutors, and other justice sector stakeholders. It is also for anyone interested in pursuing justice, holding perpetrators accountable, and providing effective redress and reparation to victims of gender-based violence.

Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.

This edited volume represents a joint effort by international experts to analyze the prevalence and nature of gender-based domestic violence across the globe and how it is dealt with at both national and international levels. With studies being conducted in 20 different countries and 4 distinct regions, the contributors to this volume shed light on the ways in which contextual particularities shape the practices and strategies of addressing the socio-cultural and legal problem of gender-based domestic violence in the countries or regions where they do research. Special attention is devoted to developing countries where there is a lack of a consistent legal definition of gender-based domestic violence and where violence against women is widely considered a private matter. The authors of the chapters share a common goal of raising public awareness of the significance in nuanced local experiences of women and other individuals from gender and sexual minority groups facing gender-based violence. Furthermore, the authors attend, analytically, to the newly emerging, overlapping influences of COVID-19 and global warming. Their research findings acknowledge and provide a detailed account of how the two ecological and socio-economic crises can combine to produce economic devastation, disconnect victims from necessary social services and assistance, and create a large degree of panic and uncertainty. In addition, they intend to offer insights into next steps to not only adjust existing public policies, legislation, and social services to the ever-changing national and global contexts, but also to make new ones. The book is intended for a wide range of scholars (both professors and students) and practitioners in a large number of areas, including but not limited to criminal justice, criminology, law, human rights, social justice, social work, nursing, sociology, and political or public affairs.

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.