International Human Rights Law
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International law in general presents issues of sovereignty, cultural imperialism, and enforcement. Specifically, the role of international law in the context of domestic violence brings these questions to the forefront and also questions of culture and state responsibility. Nearly every single important human rights instrument created includes sex or gender as a category in which the state cannot discriminate. In India, respect for international law is imbedded in the Constitution and women have equality under the Constitution in India. India is a party to most international agreements concerning women’s rights.
KeywordsDomestic Violence Gender Discrimination Batter Woman International Treaty International Human
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- 1.See generally Henry J. Steiner et al., International Human Rights in Context: Law Politics and Morals, 3rd Edition. Oxford: Oxford University Press, 2008.Google Scholar
- 3.See Thomas and Beasley, at 39 (Article 2, Paragraph 2 of the International Covenant on Economic, Social, and Cultural Rights. Article 2, Paragraph 1 of the International Covenant on Civil and Political Rights.) But see Andrew Byrnes, The “other” Human Rights Treaty Body: The Work of the Committee on the Elimination of All Forms of Discrimination Against Women, Yale J. Int’l Law, Vol. 14 (1989), 1, 56–59Google Scholar
- 8.See Thomas and Beasley, at 60. This is similar to the equal but different debate inherent throughout much of the gender discrimination law cases in the United States. See generally Myrna S. Raeder, Gender and Sentencing: Single Moms, Battered Women, and Other Sex-Based Anomalies in the Gender-Free World of the Federal Sentencing Guidelines, Pepp. L. Rev., Vol. 20 (1993), 905.Google Scholar
- 20.See Volpp, at 1213. See also Ann Elizabeth Mayer, Reflections on the Proposed United States Reservations to CEDAW: Should the Constitution Be an Obstacle to Human Rights? Hastings Const. L.Q., Vol. 23 (1996), 727, 747.Google Scholar