International Human Rights Law and Structural Discrimination: The Example of Violence against Women

Description

International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach. Front Matter ....Pages i-xvi Introduction (Elisabeth Veronika Henn)....Pages 1-9 Front Matter ....Pages 11-11 Basic Terms and Concepts (Elisabeth Veronika Henn)....Pages 13-44 The Legal Frameworks Applicable to Violence Against Women (Elisabeth Veronika Henn)....Pages 45-89 Front Matter ....Pages 91-91 Primary Obligations: Positive Human Rights Obligations in Context (Elisabeth Veronika Henn)....Pages 93-105 Parameters to Establish the Existence and Extent of Positive Obligations (Elisabeth Veronika Henn)....Pages 107-143 Measures Against Gender-Based Violence (Elisabeth Veronika Henn)....Pages 145-167 Secondary Obligations: Individual Reparation and Beyond (Elisabeth Veronika Henn)....Pages 169-202 Findings (Elisabeth Veronika Henn)....Pages 203-210 Back Matter ....Pages 211-240