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Domestic Violence and International Law (Hardcover)
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Domestic Violence and International Law (Hardcover)
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Domestic Violence and International Law argues that certain forms
of domestic violence are a violation of international human rights
law. The argument is based on the international law principle that,
where a state fails to protect a vulnerable group of people from
harm, whether perpetrated by the state or private actors, it has
breached its obligations to protect against human rights violation.
This book provides a comprehensive legal analysis for why a state
should be accountable in international law for allowing women to
suffer extreme forms of domestic violence and how this can help
individual victims. It is irrelevant that the violence is
perpetrated by individuals and not state actors such as soldiers or
the police. The state's breach of its responsibility is in its
failure to act effectively in domestic violence cases; and in its
silent endorsement of the violence, it becomes complicit. The book
seeks to reformulate academic and political debate on domestic
violence and the responsibility of states under international law.
It is based on empirical data combined with an honest assessment of
whether or not domestic violence is recognised by the international
community as a human rights violation. 'Domestic Violence in
International Law [...] provides an original, provocative, and much
needed legal framework for the coherent development of a norm
against domestic violence in international human rights law...Dr.
Meyersfeld has developed a thoroughgoing analysis that asks and
answers the most difficult questions often neglected by academics,
lawyers and activists who dismiss the possibility that systemic
violence against women could violate international law...Most
fundamentally, this book is memorable for the hope and optimism it
expresses about the transformative possibilities of international
law. For without compromising such intensely human values as
privacy, autonomy and cultural identity, Dr. Meyersfeld moves her
reader with an abiding conviction: that international law, fueled
with the power of transnational actors, can propel public actors to
protect abused and vulnerable people in their most private worlds.'
From the Foreword by Harold Koh, The Legal Adviser, United States
Department of State (2009-).
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