Legal analysis

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    CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women

CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women

Dr Aisling Swaine highlights the importance of the UN CEDAW Committee’s new General Recommendation with respect to conflict-related violence against women.
As I note in my forthcoming book, in the wars of today, the catalogue of gendered violence is still being compiled. Despite knowing more than we ever have about women’s experiences of conflict, there remain gaps in recognition of […]

September 12th, 2017|Featured, Legal analysis|Comments Off on CEDAW General Recommendation 35 draws an explicit link between gender, discrimination and conflict-related violence against women|
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    What is considered the ‘same matter’, matters for women seeking justice

What is considered the ‘same matter’, matters for women seeking justice

In the final post of her series, Visiting Fellow and women’s human rights lawyer Gema Fernández Rodríguez de Liévana highlights the need for a gender perspective to be applied to admissibility decisions.  

 

Admissibility and jurisdiction remain two significant hurdles for applicants seeking to obtain justice in regional and international courts. Often, applications are rejected without any reasons being provided. […]

June 2nd, 2017|Featured, Legal analysis|Comments Off on What is considered the ‘same matter’, matters for women seeking justice|
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    How a case against Georgia strengthened international standards for tackling violence against women

How a case against Georgia strengthened international standards for tackling violence against women

In the second post of her series, Gema Fernández Rodríguez de Liévana analyses how the X and Y v Georgia decision has strengthened international standards on gender-based violence. 

In my previous post, I discussed the need to incorporate a gender lens into procedural requirements. Here, I briefly set out the facts and analyse the merits of X and Y v […]

May 30th, 2017|Featured, Legal analysis|Comments Off on How a case against Georgia strengthened international standards for tackling violence against women|
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    The fallacy of gender-neutral legal procedure is limiting women’s access to justice

The fallacy of gender-neutral legal procedure is limiting women’s access to justice

Visiting Fellow and women’s human rights lawyer Gema Fernández Rodríguez de Liévana makes the case for a gender perspective to be applied to legal procedural rules.

This piece reflects on how laws regulating procedural issues, such as admissibility can hamper women’s access to justice. It will be followed by further posts, which focus on the Committee on the Elimination of […]

May 25th, 2017|Featured, Legal analysis|Comments Off on The fallacy of gender-neutral legal procedure is limiting women’s access to justice|
  • Representatives of women's groups meeting with the UN Security Council
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    International law and the continuum of gender-based violence

International law and the continuum of gender-based violence

Gender-based violence (GBV) occurs throughout the world across times of war and peace, impacting women, LGBTQI people, children and men. Joanne Neenan and Professor Christine Chinkin discuss how the continuum of violence framework may influence International Law and the effect this can have on GBV interventions.

Gender-based violence (GBV) seeps into homes, onto battlefields and follows displaced persons fleeing persecution […]

April 6th, 2017|Featured, Legal analysis|Comments Off on International law and the continuum of gender-based violence|

Female Genital Mutilation should be prosecuted as a crime against humanity

200 million girls and women alive today have undergone Female Genital Mutilation (FGM). In her second post considering FGM and international law, Antonia Mulvey uses five criteria to explore whether FGM can constitute a crime against humanity.

By UNICEF / Olivier Asselin [CC BY-SA 2.0]
In my last post, I argued that all forms of FGM can constitute torture under international […]

April 3rd, 2017|Featured, Legal analysis|Comments Off on Female Genital Mutilation should be prosecuted as a crime against humanity|

Female Genital Mutilation should be recognised as a form of torture

FGM inflicts immediate and long-term pain and suffering on those who undergo it and is internationally recognised as a human rights violation. Antonia Mulvey argues that FGM could constitute a form of torture under international law.

This is the first of a two-part series looking at how FGM is framed in the international legal context.

At least 200 million […]

  • Domestic violence awareness poster
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    By decriminalising domestic violence Russia takes a step backwards

By decriminalising domestic violence Russia takes a step backwards

Last month Russia moved to decriminalise domestic violence.  Jessica Gavron discusses the impact of this shift in Russia’s criminal code and explains why domestic violence should be treated differently from stranger violence.

 At a time when the World Health Organization describes violence against women as “a global health problem of epidemic proportions”, and it is recognised to be a major […]

March 20th, 2017|Featured, Legal analysis|Comments Off on By decriminalising domestic violence Russia takes a step backwards|
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    The Inter-American Court must provide justice to the women of Atenco

The Inter-American Court must provide justice to the women of Atenco

The Atenco case (Mariana Selvas Gomez and others v. Mexico) draws attention to the impunity with which state agents have committed violence against women, and is the latest in series of cases involving gender-based violence in Mexico. Lucía Mazzuca and Keina Yoshida explain how the case presents the Inter-American Court with an opportunity to strengthen its jurisprudence.

On the […]

November 22nd, 2016|Featured, Legal analysis|Comments Off on The Inter-American Court must provide justice to the women of Atenco|