Positive Obligations and Gender-based Violence: Judicial Developments

Citation:

Marshall, Jill. 2008.“Positive Obligations and Gender-based Violence: Judicial Developments.” International Community Law Review 10 (2): 143-69.

Author: Jill Marshall

Abstract:

International human rights protection traditionally protects individuals from human rights violations committed by their own states. This has been criticised by many, and feminists in particular, as failing those who are violated in the 'private sphere', by actions perpetrated by non-state actors not the state itself. Yet protection from the actions of non-state actors is now increasingly falling within the ambit of international human rights law through positive obligations on states, particularly seen in the concept of due diligence. Developments in this area are analysed in this article with focus on recent decisions of international human rights judicial institutions on cases concerning gender-based violence to show how gender-based violations committed by non-state actors are increasingly being included and interpreted as human rights violations. Whilst not without problems, it is argued that the creativity and potential for protecting all persons from human rights violations is shown, particularly through developments towards a right to personal autonomy, identity and integrity.

Topics: Gender, Women, Gender-Based Violence, International Law, International Human Rights, Justice, Rights, Human Rights

Year: 2008

© 2017 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.