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International Human Rights Law and Protection Against Gender-Based Harm on the Internet (Hardcover, 1st ed. 2022)
Loot Price: R3,665
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International Human Rights Law and Protection Against Gender-Based Harm on the Internet (Hardcover, 1st ed. 2022)
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This book analyses gender-based offences on the Internet from the
perspective of international human rights law, interwoven with
rights theories and feminist legal theories. It investigates
whether international human rights law is applicable in regulating
harmful online conduct and speech, with a focus on sexual violence,
various forms of harassment, sexist hate speech and harmful
pornography. This involves assessing whether gender-based online
offences are considered violations of international human rights
law and - if they are recognised as such explicitly or by way of
interpretation - the extent of state obligations. The book reviews
a range of international law sources, such as selected
international human rights law treaties, case law, soft-law
documents and academic scholarship. The application of general
human rights law provisions to the online sphere is evaluated by
considering the online/offline coherence of provisions as well as
potential gaps, inconsistencies and disadvantages that exist in the
regulation of online gender-based offences. The makeup, aim and
effect of social spheres, areas of law and legal principles are
thus assessed in relation to gender and the Internet. Aspects
discussed include the architecture of the Internet, the structure
of public international law, the harm principle as employed in
domestic law and international human rights law, and the scope of
particular rights, mainly involving the freedom of expression and
the right to privacy. Working from the premise that the
transposition of international human rights law to the Internet
must ensure the former's functionality and effectiveness, the book
argues that a contextual application of rights is called for. This
requires assessing what is harmful online - including the effects
of online speech and conduct - and what are effective means of
regulating liability on the Internet. In turn, such assessments
require a gender-sensitive approach.
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