Author: Niaz A. Shah Publisher: Commonwealth Secretariat ISBN: 1849291756 Category : Law Languages : en Pages : 219
Book Description
The Judicial Resource Book on Violence Against Women for Asia deepens our understanding of the forms of VAWG and raises awareness of the role that the judiciary can play in tackling them. It can be used by judicial officers and other professionals to promote justice and fairness in the judicial process for women who have been victims of violence.
Author: Amy Barrow Publisher: Routledge ISBN: 131732594X Category : Law Languages : en Pages : 282
Book Description
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.
Author: Gladys Msodzi Mutukwa Publisher: ISBN: 9781849290944 Category : Business & Economics Languages : en Pages : 110
Book Description
Violence against women is disturbingly persistent and pervasive in the Commonwealth with women's subordinated status, prevalent gender-biased norms and practices including patriarchal mind-sets contributing to such violations. Most Commonwealth countries have either a specific law to address the rights of women or broad legislation that covers domestic violence. However, the implementation of such laws has not been without problems as cultural norms and practices often impede women's access to justice.This publication aims to strengthen jurisprudence of equality on violence against women by bringing together theory and practice, particularly the analysis and summary of significant case law, to serve as a resource for the judiciary in jurisdictions connected by the common law. It challenges the reliance on gender stereotypes which have influenced judicial decisions and elaborates on the relevant human rights standards for judiciaries to consider when adjudicating cases on violence against women.
Author: Savitri Goonesekere Publisher: SAGE ISBN: 9780761997962 Category : Law Languages : en Pages : 356
Book Description
This very insightful volume critically analyses the law and law enforcement in three South Asian countries India, Pakistan and Sri Lanka s in order to assess the response of the criminal justice system to violence against women. The contributors assert that the gap between reality and the practice of laws in these countries is unfortunately very wide and women who are victims of violence are further victimised by discriminatory laws, the apathy of the judicial system, and the systematic manipulation of legal provisions. They explore the opportunities to change the legal systems and make them more responsive to women s human right to justice and freedom from violence.
Author: Lidwina Inge Nurtjahyo Publisher: Springer Nature ISBN: 9811924929 Category : Social Science Languages : en Pages : 175
Book Description
This book presents new research on gender-based violence in Southeast Asia, bringing together varied scholarly work in law, policy, and practice. It enables a greater understanding of violence against women as an international concern, highlighting particular issues that arise in the region. Against a background of international obligations to ensure women's rights through laws and policies that are geared at ending violence against women and girls, this research documents the state failures, individual shame and fear, and societal culture that collectively affects the reporting, investigation, prosecution of perpetrators, and protection of victims. The research explores differing legal mechanisms both internationally, and within nation states, relating to cases of physical and sexual violence. It recognizes the need for functioning mechanisms to ensure women can report their cases safely and be provided with protective and therapeutic services in a way that is systematic, effective, and measurable. Laws and court decisions are analyzed, crisis and safety centers are examined, and in-depth interviews are conducted with actors and NGOs with relevant roles and functions in the mechanism of cases of violence against women. The result is a comprehensive assessment of the incalculable harm it does within Southeast Asian society, and the obstacles it presents for law enforcement. The chapters uncover mechanisms with unique characteristics across Southeast Asia, providing a nuanced understanding of the cultural and social backgrounds, as well as the religious structures, that can both help and hinder suitable frameworks. It is relevant to scholars, policymakers, and practitioners in law, criminology, and gender sociology. “This is a valuable contribution towards empowering the women of South East Asia out of victimhood to valued equality, involvement in governance and leadership through the elimination of violence and discrimination and an excellent resource not just for those working in this field but for those involved in law making, the media and the people of South East Asia.” - Professor Felicity Gerry QC, Barrister at Crockett Chambers Melbourne and Libertas Chambers, London, and Professor of Legal Practice at Deakin University and Honorary Professor at Salford University.
Author: K M Baharul Islam Publisher: Allied Publishers ISBN: 8184249101 Category : Social Science Languages : en Pages : 356
Book Description
A key challenge facing the overall women’s rights scenario in any remote region like Northeast India is availability of trained lawyers in local courts to assist the aggrieved women to fight their rights violation cases or otherwise guard their interests in a dispute. Such legal services, embracing both individual access to justice and public interest law transcending individual needs, contribute to the rule of law, good governance, human rights, empowerment of the poor and poverty alleviation. The women’s rights lawyers need special training and set of professional tools for forging the future of legal services and legal systems. In order to address this gap, a special training workshop was organized by PFI Foundation, Guwahati in February, 2012. This resource book is an outcome of that exercise. It may be used as a Women’s Rights Lawyers’ Handbook or a manual which is readily available for adoption by law schools to conduct similar programs and also act as a ready-reckoner for the lawyers, police officers, administrators, corporate human resource managers and chief executives of organizations. The contents of the resource book contains training materials used at the training workshop, individual research studies by the authors and a compilation of some important reference documents from different sources. The book mainly covers issues like social security legislations, free legal aid, constitutional remedies, marriage laws, separation, divorce, maintenance, offences of dowry, violence against women, rights at work place, sexual harassment at work place, Vishaka Guidelines, etc.
Author: David L Richards Publisher: Routledge ISBN: 1317249607 Category : Political Science Languages : en Pages : 204
Book Description
This book examines the strength of laws addressing four types of violence against women--rape, marital rape, domestic violence, and sexual harassment--in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.
Author: Maznah Mohamad Publisher: Liverpool University Press ISBN: 1782840133 Category : Family & Relationships Languages : en Pages : 302
Book Description
This book revisits the issue of Domestic Violence (DV) in Asia by exploring the question of family ambiguity, and interrogating DV's relationship between concept, law and strategy. Comparative experiences in the Asian context enable an examination of the effectiveness of family regulations and laws in diverse national, cultural and religious settings. Key questions relate to the limits and relevance of the human rights discourse in resolving family conflicts; the extent to which power and control in intimate relationships can actually be regulated by a set of inanimate, homogeneous and uniform policies and legislations; and how the state relates to the family as an "ambiguous" unit given state rules of governance that perpetuate unequal gender relations. Many of the difficulties in understanding DV have sprung from the fact that the family unit is ambiguous. When the state intervenes (e.g. reproductive health) the family is treated as a public concern; yet with respect to individual human/multicultural rights, the family is considered a private domain. Complications and contradictions arise with regard to different legislative/religious practices across Asia: for example, the enforcement of Sharia; technocratic imperatives with regard to demographic goals of marriage and reproduction; and state interference of gender imbalances and inequality. The politics and culture around DV is thus a mirror of modern-day Family-State collusion, which sustains rather than curtails discrimination based on sexuality and gender. This book views gender inequality for instance in relation to heteronormativity as the fundamental basis of intimate violence, rather than violence as a generic and neutral phenomenon, requiring generic solutions. It offers news theoretical insights to the conceptualisation of the family, culture and law with respect to DV. And it provides reasoned new perspectives on the effectiveness/inadequacy of present policies, laws and enforcement strategies against domestic violence in Asia.
Author: L. P. Gordon Publisher: Nova Publishers ISBN: 9781590334553 Category : Law Languages : en Pages : 138
Book Description
Violent attacks on women occur in almost every area of daily life. Victims often face trauma physically, emotionally and sexually. The processing of complaints by female victims of violence within the criminal justice system varies according to crime type and official attitudes. This book details federal concerns and possible solutions to the widespread problem of the perpetration of violence on women.
Author: Niaz A. Shah
Author: Amy Barrow
Author: Gladys Msodzi Mutukwa
Author: Savitri Goonesekere
Author: Lidwina Inge Nurtjahyo
Author: K M Baharul Islam
Author: David L Richards
Author: Maznah Mohamad
Author: Nitu Nawal
Author: L. P. Gordon