Domestic Violence Asylum Claims and Recent Developments in International Human Rights Law: A Progress Narrative?

2010 ◽  
Author(s):  
Siobhan Mullally
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Recent Developments ◽  
International Human

DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?

2011 ◽  
Vol 60 (2) ◽  
pp. 459-484 ◽  
Author(s):  
Siobhán Mullally
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
Recent Developments ◽  
Domestic Jurisdiction ◽  
International Human

Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on States include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs.1 Judicial dialogue across the borders of human rights and refugee law has also expanded access to asylum for women fleeing domestic violence, bringing with it a gradual recognition of the positive obligations that international law now imposes on States. However, as recent cases such as Jessica Gonzalez v the United States2 and Opuz v Turkey3 reveal, significant gaps remain between the rhetoric of human rights law and the reality of everyday enforcement and implementation on the ground. These gaps are most keenly felt by refugee women. While State practice suggests greater gender inclusivity and sensitivity in the practice of refugee law, women fleeing domestic violence continue to face obstacles in making their claims heard.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

scholarly journals The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence

2021 ◽  
pp. 79-96
Author(s):  
Ebru Demir
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Specific Area ◽  
Case Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
Scope Of Protection

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

scholarly journals ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

2011 ◽  
Vol 10 (1 - 4) ◽  
pp. 1999
Author(s):  
Andrew Orkin ◽  
Joanna Birembaum
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Recent Developments ◽  
International Human

ABORIGINAL SELF-DETERMINATION WITHIN CANADA: RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW

Human Rights and Refugees: Enhancing Protection through International Human Rights Law

2000 ◽  
Vol 69 (2) ◽  
pp. 117-177 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Refugee Protection ◽  
Rights Of The Child ◽  
Recent Developments ◽  
International Human

AbstractThis essay analyses how UN mechanisms of human rights protection – namely the UN Commission and Sub-Commission on Human Rights, the Committee Against Torture, the Committee on the Rights of the Child and the Human Rights Committee – can be used as a practical and analytical tool to enhance the protection of refugees and suggests that they can make a significant contribution to refugee protection. Although UN mechanisms may not provide a framework of protection as expansive and reliable as domestic systems, recent developments in international human rights law have contributed to an increasingly important legal framework that can be invoked in support of both specific cases and more broad-based advocacy on behalf of refugees. This article draws on specific examples to argue that UNHCR and refugee advocates can use these laws and mechanisms to enhance protection principles and give effect to forms of enforcement.

scholarly journals International Human Rights Law and Natural Resources Projects Within the Traditional Territories of Indigenous Peoples

2010 ◽  
pp. 457-496 ◽  
Author(s):  
Nigel Bankes
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Resource Exploitation ◽  
International Human Rights ◽  
International Rights ◽  
Recent Developments ◽  
International Human ◽  
Relationship Of

This article explores the relevance of international human rights law to natural resource developments within the traditional territories of indigenous peoples. The author argues that international law prescribes standards that limit the authority of the state to grant resource rights to third parties and to approve resource projects within the traditional territories of indigenous peoples. In making this argument, the article examines interactions between recent developments in human rights law and the domestic legal system. The author approaches the topic through an examination of how several recent international decisions deal with conflict between territorial rights asserted by indigenous peoples and resource development permits granted by domestic governments within those territories. The article suggests that these decisions point to an emerging trend on the international human rights stage to interpret international rights instruments as requiring consideration of the relationship of indigenous peoples to the land prior to allowing resource exploitation.

Recent Developments in Religious Liberty

2008 ◽  
Vol 11 (1) ◽  
pp. 65-72 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Liberty ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
Recent Developments ◽  
International Human ◽  
The Uk

This is the first in what is intended as a series of comments on current developments in the law concerning freedom of religion that will appear regularly in this Journal. This first survey deals with religious liberty challenges brought in the UK courts in 2007 and 2008. A subsequent survey will examine similar developments in international human rights law and especially before the European Court of Human Rights.

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