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Understanding Domestic Violence as a Gender-based Human Rights Violation: National and International contexts

Understanding Domestic Violence as a Gender-based Human Rights Violation: National and International contexts

Author: Jurgita Bukauskaite
Publisher: Routledge
ISBN: 9781032396033
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined – those of Ireland and Lithuania – on the other.

The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both.

This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners and students of feminist legal theory, gender equality, gender in international law, human rights violation, and conceptual democracy.

1. Introduction

2. From revolution to evolution of domestic violence

3. Theoretical conceptualisation of domestic violence

4. Conceptualising Domestic Violence in the Istanbul Convention

5. The Politics of Domestic Violence at the Crossroads of Western and Eastern Europe

6. Conceptualising Domestic Violence in Transitional Societies: The case of Lithuania

7. Conceptualising domestic violence in Ireland

8. Lessons Learned from the Case Studies

9. Concluding Remarks