Administrative / Constitutional Law

Accessing Justice for Violence Against Women: A Judicial Resource Guide

By Gladys M'sodzi Mutukwa
Commonwealth Secretariat December 2015

Specifications

ISBN-13
9781849290944
Publisher
Commonwealth Secretariat
Publication
December 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Introduction
Definition of violence against women in national and regional contexts
Discussion of relevant human rights standards (international/regional/sub-regional) in relation to: a) how the courts might better apply human rights standards? b) issue of failure to protect - actions against the state
Discussion on bias in the courtroom - internal/external contributory factors
Case Law
Comparative table of relevant legislation in Commonwealth member countries
Further resources
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