The Istanbul Convention Domestic Violence and Human Rights 1st Edition by Ronagh Mcquigg 9781317313052 1317313054

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ISBN 10: 1317313054
ISBN 13: 9781317313052 
Author: Ronagh Mcquigg 

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

The Istanbul Convention Domestic Violence and Human Rights 1st Table of contents:

1. Introduction

• Domestic Violence in Europe

• Chapter Outline

• Terminology

2. Domestic Violence as a Human Rights Issue

• Difficulties with the Recognition of Domestic Violence as a Legal Issue

• The Public/Private Dichotomy in International Human Rights Law

• Developments within the United Nations Regarding Domestic Violence

• The Convention of Belém do Pará

• The Maputo Protocol

• Conclusion

3. The Background to the Adoption of the Istanbul Convention

• Committee of Ministers Recommendation No. R (85) 4 on Violence in the Family

• Committee of Ministers Recommendation No. R (90) 2 on Social Measures Concerning Violence within the Family

• Third European Ministerial Conference on Equality Between Women and Men

• Committee of Ministers Recommendation Rec(2002)5 on the Protection of Women Against Violence

• Parliamentary Assembly Resolution 1582 on Domestic Violence Against Women

• Stocktaking Study of 2006

• Task Force to Combat Violence Against Women, Including Domestic Violence

• European Committee on Crime Problems (CDPC) Feasibility Study Regarding a Convention on Domestic Violence

• Case Law of the European Court of Human Rights on Domestic Violence

• Decisions of the CEDAW Committee on Domestic Violence

• Conclusion

4. The Provisions of the Istanbul Convention

• Definitional Issues

• State Responsibility and Due Diligence

• Integration of Policies

• Data Collection and Research

• Awareness-Raising

• Educating Professionals

• Treatment Programmes for Perpetrators

• Support for Victims

• Civil Law Measures

• Criminal Law Measures

• Migration and Asylum

• Conclusion

5. Monitoring Mechanisms

• The Group of Experts on Action Against Violence Against Women and Domestic Violence (GREVIO) and the Committee of the Parties

• Reporting Procedure

• Inquiry Procedure

• General Recommendations

• Parliamentary Involvement in Monitoring

• The Role of Civil Society in Monitoring

• Lack of a Communications Mechanism

• Conclusion

6. Advantages of the Istanbul Convention and Potential Challenges

• Advantages

  • Symbolic Importance

  • Legally Binding Obligations

  • Comprehensive Obligations

  • Advantages of the Monitoring Mechanisms of the Istanbul Convention

• Potential Challenges for the Istanbul Convention

  • Ensuring That All States Within the Council of Europe Ratify the Istanbul Convention

  • Reservations

  • Implementation and Enforcement

• Conclusion

7. Conclusions

• Summary

• A Global Treaty on Gender-Based Violence

• Conclusion

Bibliography

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