International Human Rights Law and Structural
- Versión Kindle
- International Human Rights Law and Structural Discrimination: The Example of Violence against Women (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht)
- Elisabeth Veronika Henn
- 23 May 2018 Elisabeth Veronika Henn
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,precisely, gender hierarchies and stereotypes as root causes of gender based violenceIn 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.