Is Domestic Violence a Breach of Human Rights? Essay

The hassle brought forth by the un fit distri neverthelession of power in intimate singingships in ontogeny countries has caused non only conquest exclusively alike wildness against wo custody. deplor open operations much(prenominal) as assault, hitting, verbal jest at and opposite relate to bowelless behaviors atomic add 18 being experienced by a strong consider of wo manpower in all over the world. As much(prenominal), this research seeks to establish the link amid domestic military force and mankind adjusts. Not until recently that the United farmings (UN) has unyielding to involve the exsert of craze against Wo custody (VAW) on the mainstream of the gentle re conducts paradigm.As much(prenominal) this research result be caseing on the anatomy of DV and the laws colligate to its slaying. much than than than specifically, the research has the following objectives 1. To properly define domestic help force (DV) and other concepts relat ed on the nonion of DV. 2. To attain the incidences on DV that could be significantly related on the military issue of humankind Rights Violation. 3. To identify the laws define forth by the United Nations that verifies the link of DV to the issue of human rights entrancements and specifically cite plannings that further explains the rights of women and the degree of protection that is due to them.4. To identify the track downs this aims to further protect the rights of women. 5. To know wherefore it took so long for DV to be recognized as a military man Rights Issue. Background of the Problem Domestic force is a breed of furiousness against women. frenzy Against Women (VAW) as defined by the contract on the excrement of force-out against Women (1993) is any act of g balanceer- ground delirium that guides in, or is likely to take in, tangible, sexual or coat harm or suffering to women, including threats of much(prenominal) acts, coercion or arrogant depriv ation of liberty, whether occurring in public or in unavowed liveness .This definition then emphasizes that any act that forces women to do certain(p) things that result to any type of harm is considered as an act of DV. More importantly, the image of DV has been make broad as it encompasses non only DV in impairment of the domicilhold, just now too certain subjugation against women that might happen in the latters course of relating towards quite a little.Violence against women includes the physical, sexual and mental fierceness that happens in the family or the community which includes battering, sexual abuse of squirtren, dowry related furiousness, rape, fe phallic genital mutilation and other usageal practices harmful to women, non-spousal delirium and military unit related to exploitation, sexual harassment and intimidation at work, in raisingal institutions and elsewhere, trafficking in women, forced prostitution, and violence perpetrated or condoned by the s tate More specifically, the initiation Health Organization (WHO) claimed that the violence against women does non only poses human rights issue but in like manner contains other problems such as wellness and societal cephalalgias. This definition then provided by WHO further elaborates the definition provided by VAW. More importantly, the threats upon the health of women that came into emergence because of the abuses that were brought forth unto them be similarly a growing health concern according to WHO. Domestic Violence is in any compositors case labeled as Intimate Partner Violence (IPV) by the nitty-gritty for Disease and Control Pr flushtion (CDC) has four major types which argon physical, sexual, mental abuse and stalking . The orbit Health Organization perceived IPV not only as a human rights issue but as well as a growing health concern.The population based study of WHO prime go forth that 10-69% of women admitted that they mother been physically assaulte d by a male pardner at close to point indoors their lives. In a big scale, the range is between 10-34%. IPV incidents atomic number 18 perceived to be not regularly covered to the police, thusly the inability to picture the entire magnitude of the problem. CDC besides reported that majority of IPV incidents reported (i. e. 50%) atomic number 18 stalking, 25% physical assaults and 20% rape or sexual assaults. The CDC said that the seconds of domestic violence are perceived to be more damaging on the character reference of the victim and more hailly in terms of treatment. Physical consequences include injuries that were left as a result on the victimization such as scratches, bruises and welts.Other more damaging heart and souls are telephone exchange nervous system dis points, gastrointestinal dis ordinances, gynecological disorders, pregnancy gruelingies and the likes. Psychological violence which stemmed out from emotional or psychological assault makes the victims separate problematic behaviors such as being anti mixer, develops suicidal tendencies, depressions and anxiety. twainerible implications of domestic violence also create a web of problem for the victims in terms of relating with other people and performing well in their workplace. More often than not, a difficult relationship is perceived in terms of the victims employers, peers and/ or colleagues .The health implications that resulted from domestic violence are primarily characterized by a real risk of infectiony sexual behavior such as unprotected sex or even sexual trade. In assenting, the use of addictive substances such as drugs or alcohols is also perceived. Corollary with this, the abuse of various medicines or pills for in order to lose weight is also paramount while in some cases, overeating was the documented consequence . The sparing implications of domestic violence are also very(prenominal) alarming. On 2003, the perceived costs of IPV is roughly $4. 1 billi on which primarily comprises of $460 for rape cases, $6. 2 billion for physical assault, $461 billion for stalking and $1. 2 billion for the esteem of cost lives . Domestic Violence and Human RightsAttempts to link VAW on the issue of human rights were first ceremonious with the 1948 prevalent Declaration of Human Rights wherein such asserts that all humans moldiness keep back get even rights and opportunities regardless of any difference . However it could be say that the UDHR did not immediately addressed the issues of DV and directly perceived it as a Human Rights issue. As such it is the down the stairslying vox populi that all humans must be treated as tinctize has become the basic controversy against DV and paved the style for the creation of certain laws that directly cater to it. In relation with this, the expression on the voidance of all(a) Forms of Discrimination against Women (CEDAW) on 1979 and the United Nations 1993 Declaration to sink Violence again st Women , also has similar goals.Due to the attempts to link VAW and human rights, such paved the way to transnational womens movements and other mobilizations worldwide. Non government face (NGO) and state governments go make their own efforts in order to eradicate this carve up of oppression against women . The Private Nature of DV More importantly, the perception of Domestic Violence (DV) against the fashion model of human rights paved the way for the idea of applying external laws in order to solve DV all over the world. DV has been perceived as having a cloistered nature due to the reason that its occurrence primarily stemmed out of the family wherein more often are favoured to be kept in secretiveness and addressed and/or resolved personally by family members .Most of the time, victims of DV within families opt to keep the issue within the jurisdiction of their own homes. Women opt to discuss the issue among their husbands or federal agencyners rather than reporting such incidences to the police. In relation with this, it could also be significantly far-famed that once such incidences are reported to the police, the latters way of resolving the issue also result to having both pickies reconcile within themselves. In effect of this, women who know such a process opted to no longer result to lawful actions, rather only try their best to work it among their partners. The clandestine nature of DV is due to the fact that it is often committed by men that are close in their lives .In effect of this, it has always been the case that it becomes invisible. It is less likely for the violence to be reported, unlike those type of violence that happened in public and was done by people who are chartless to women. In addition with this, since there are no witnesses to private violence, it becomes very hard for the law to take proper action. It could be significantly argued as well that the attitude of the police in terms of attending on the crimes of DV has been very distant. Most of them dont want to take sides among couples even if it is evident that one of them is at fault. As such it is said You retributive try to calm them down.To a policy of ar rest rather than meditation, the decreed approach is not necessarily reflected in practice in part because intervening police officers are at a very noble rik in incidences of private violence. It has been very hard for people to identify violence that happened between couples. Albeit, the reality is that there is a huge number of violence that happens in intimate relationships rather than those that happened in public. It is more dangerous fro women and the injuries that they have are more severe. In relation with this, it could be significantly noted that the study of Pourezza et al also reveals that women in Iran seem to be more aware of the reasons of violence rather than the evidence of violence. much(prenominal) according to Pourezza et al is primarily due to the private natu re of DV in Iran and the failure of the victims and her family to report such incidents to the police. Physical violence is perceived to be a private phenomenon and is expected to be resolved within the realm of the family. The risk factors that are associated with DV in Iran are poverty, addiction, discrimination in work place and societal life and lack of personal securities . In the United States however DV although ab initio perceived to be of a private nature has been attempted to be made on the mainstream of the human rights paradigm in order for it to be properly addressed.Annual conventions and charges are launched by the United Nations such as the worldwide Day for the Elimination of Violence against Women, The Sixteen Days of Activism of nucleus for Womens Global Leaderships (CWGL) and Amnesty Internationals Stop Violence Against Women exploit Banner all work unneurotic not only to help pooh-pooh domestic violence but other gender-related violence as well. These s treaks together with various laws will able to make women aware of their rights not only as an individual but also as a muliebrity. 1948 Universal Declaration of Human Rights The 1948 Universal Declaration of Human Rights however did not directly link the issue of DV to the notion of human rights.What the 1948 Universal Declaration of Human Rights claimed is that all people have inherent high-handedness and of equal and inalienable rights hence implying that women have the liking that is similar to men, and such disposition implies the formers right to experience the same degree of protection, privilege and other factors that are racy in living a quality life. Such attempts on the end of the 1948 Declaration of Human Rights that became the cornerstone in the development of other global laws could be seen on the following cookerys. The condition 1 of the Declaration claims that entirely human beings are born free and equal in arrogance and rights. They are endowed with reaso n and conscience and should act towards one some other in a spirit of brotherhood.The very basic philosophical foundation of the relevance of human life against any other form of life is mans capacity for reason which is light-headedly presented in this provision as a characteristic of all human beings. thence women possess a capacity for reason that is exactly similar to that of man, and by such, the former must be prone the same amount of granting immunity and dignity. The second Article of the Declaration further strengthens this claim by stating that Everyone is entitle to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, policy-making or other opinion, national or social origin, property, birth or other berth.Furthermore, no distinction shall be made on the basis of the political, jurisdictional or world(prenominal) status of the acres or territory to which a person belongs, wheth er it be independent, trust, non-self-governing or under any other limitation of sovereignty. This provision exculpatedly states the relevance of the upholding of human rights despite of gender. Such is clear evidence that all sexes are equal on the eyes of the law. Article 7 further makes it clear that all individuals must not be discriminated against the law. Consequently, Article 8 states the indispensability of the establishment of national tribunals wherein conflicts and other criminal cases could be addressed. The Declaration as reflected in Article 16, clearly establishes that women have the right to enter a marriage in their own free will.Hence such federal agency that dowry and other types of fixed marriages although perceived to be a part of custom and coating in some countries is also a misdemeanor of womens rights. This provision then implies the general notion relevant to the personal line of credit that womens domestic affairs are subjected to the jurisdiction of the human rights realm. The provision stating that women should only marry in accordance with their own determination implies that marriages that are fixed that often times result to violent treatment among men is something that is of utmost concern in terms of protecting the human rights of women and thusly protecting them against domestic violence. It could be noted that some countries in Asia such as in India, requires women to give dowries to their soon to be husbands.Albeit, whenever the woman gives a dowry that is relatively lower than what is expected on the males family, what usually happens is that the woman is often abused or is viewed as individual who is a burden to the mans family. Article 21 on the other hand emphasizes that all people should have equal access to public service in her country and Article 26 emphasizes the equal rights of all people to education. As such, these provisions clearly focus on the right of women to education and also protection for all fo rms of abuses. The perception that womens education is unnecessary because the latter is perceived to be locked in doing house hold chores is a clear violation. The study of Bates et al. among the women of Bangladesh could be significantly noted.Such revealed that among the 1,200 women who participated on the study, 67% of them claimed that they have experienced domestic violence, and a significant number of 35% admitted that they have experienced it in the past category (i. e. 1998). More importantly, the study focused on the notion that a womans education has a direct effect in terms of lowering the tendencies of DV. The study of Bates et al revealed that women in Bangladesh have a minute or small access with education. In relation with this the author also claimed that the more a woman ages, the more that it will be difficult for her to get married. In addition, the age of the woman is also equated to the high cost of her dowry.In relation with this is the right of all person to have a free choice of the type of work that she wants to do as verbalise on Article 23. As such, this provision leans towards the growing concern of the feminization of poverty most e oddly in developing countries. matchless of the risk factors of domestic abuse according to CDC is with regard to the notion that women who do not enter the workforce must be submissive to her husband . Women who are primarily left in the household to do chores and take trouble of the children are perceived to have a minute contribution within the family as such the perceived head of the family which in this case is the male bread winner possesses all the power in the relationship.Article 25 clearly caters on the upholding on the rights of women as it emphasizes that all people has the right to a way of life that is adequate not only for him or her but also to his or her entire family. Motherhood and childhood should be supported by the government by assuring that they have special care and ass istance. More specifically, those children who were born out of marriage should be given the privileges and protection of the government. This provision protects not only women but also their children against DV. The claim that this concern must be under the jurisdiction of the government is an recital that women must be protected against all kinds of abuses including to that of within their own households.Women who do not have any capabilities to help themselves most especially if they are having children must also be sheltered by the government. convocation on the Elimination of All Forms of Discrimination against Women The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted on 1979 by the UN General Assembly. The United Nations division for the advancement of women describes CEDAW as the international bill of rights for women. As such CEDAW not only addressed directly the issues of DV but also relates it directly on the realm of human rights. The CEDAW although could be said as the most highly ratified international human rights convention could bland be seen as primarily focusing on the argument for human rights.Although it could be said that the convention reflects certain normative standards that are relevant to womens human rights, it could be said that it still does not directly address DV. The CEDAW is made up of a preamble and 30 articles which vex out the parameters of women discrimination and the creation of an agenda in order to eliminate such prejudice. This convention although still focusing on human rights is very unique of its kind because of focusing on the role of culture and tradition as very springy factor in shaping the roles of men and women and other relations within the family. In addition, CEDAW also ac experiences the reproductive rights of women. Articles 10, 11 and 13 emphasize womens rights to equal opportunity to education, employment and social activities.Such a provision paved th e way for more opportunities for women to chip in the household and not to be subjected to the abuses set forth by some men who give immense value on ones work and the monetary benefits that could be hoisted out from it. The United Nations also noted that these demands are of more benefit to women who live in the rural areas. The equal access to job opportunities will pave the way for a more fair economic scattering. In relation with this, Article 15 claims that women should also have a fair access in various civilised and business matters. More importantly, Article 16 emphasizes womens equal disposition as those of men in terms of the choice of spouse, parenthood, personal rights and decision over personal properties.Another more important concern that this Convention focuses at is the attention that it gives on the value of reproductive rights. In certain cases, the role of women as a child bearer has caused numerous amounts of discrimination, more specifically in the workplace . Article 5 emphasizes that child rearing must be a social function that men and women and the society are both and equally responsible of. The women must not be viewed as someone who has the full task and burden of raising a child because people around her must also play their part. In relation with this is the Article 4 of the convention which affirms womens right to reproductive choice.The notion that family planning advices from the government should be made available to all women will throw in the towel the latter to be aware more of her options and more specially in taking control in matters of sex and child bearing. This provision in the convention would imply that womans right in reproductive choice explicitly affirms womens ownership of her own body, hence forced intercourse even within marriages is totally a clear violation of her rights. The use of contraceptives and other methods of family planning will also allow women to take control of her life and to plan for other things that will not limit her entirely to the household. The third major area of concern that the Convention focused on is the role of a countrys culture and norms in terms in impeding women in enjoying their fundamental rights.Article 5 makes it clear that states are obliged to alter their social and heathen patterns of individual conduct which clearly harbors in comparison between sexes and unequal distribution of power. One of the most important implications of such is the mandatory revision of textbooks, teach programmes and teaching methods in order to eliminate stereotypes and inculcate to the youth at such an early age the equal status of men and women in all aspects of life. United Nations 1993 Declaration to Eliminate Violence against Women Sullivan claimed that it is only in its 49th session that the Commission on Human Right (CHR) anticipated that womens rights should be included in the mainstream of human rights programs.The declaration emphasizes that violence again st women hinders not only the achievement of equality but also of development and peace. In addition, such affirms that such violence towards women is a violation of the rights and freedom of the latter. More importantly, the perpetuation of the violation against womens rights is a manifestation of the oppressive dualism on the distribution of power between sexes. On such a relationship, the status of women has been clearly devalued hence hindering their total and absolute development . Article 3 of the Declaration to Eliminate Violence against Women emphasizes on the equal protection of human rights and freedoms of women in all fields. More specifically, article 3 emphasizes womens right to life and equality .The Vienna Declaration and the Program of action specifically focuses on the packaging and protection of human rights. The declaration recognizes that such an issue is of international mise en scene and is a way in which the international human rights systems could be exami ne and reevaluated so that it could represent various perceptions of countries on the issue of womens rights violations. One of the incidences that the Declaration focused on is the incidence of rape on an international scope . The sensation of that was brought forth by the media on the rape cases that happened on the former Yugoslavia has made the issue of violence against women as directly related to a human rights concern.The recognition that such an act is not only an effect of armed conflict but of the subordinate status of women in the society paved the way to a more focused and elaborate legislation in order to protect the rights of women. More specifically, the recognition that violence against women also happens in the private life or on the domestic level is also sought to be eliminated. On the Program of Actions, detail of sexual slavery that was paramount during armed conflict was also taken into a clear focus. For instance, the comfort women from Korea and the Philip pines who were forced into sex slavery by Japan during the Second World War are clear violation of womens human rights. The United Nations quaternary World collection on Women, Action for equivalence, Development and Peace, Beijing, China September 1995The UNs Action for Equality Development and Peace that was held on Beijing China on 1995 rest on the basic foundation that equality between men and women is not only human rights and social issue but also a necessary factor for equality, development and peace. The said Conference was primarily anchored on the Vienna Declaration Program of Action wherein the emphasis on the exigency of having violence against women on the mainstream of the human rights paradigm. The Conference focuses primarily on the implementation of the Nairobi Forward-looking Strategies for the Advancement of Women and at removing all the obstacles to womens progressive participation in all spheres of public and private life through a full and equal share in economic, social, heathenish and political decision-making. The convocation has formulated a global framework that would allow the conference to address all the relevant and related details addressed on the World Summit for Children, the United Nations Conference on Environment and Development, the World Conference on Human Rights, the International Conference on people and Development and the World Summit for Social Development. The global framework emphasizes on the empowerment of all women on all aspects of life. The role of various economic factors has also been perceived as one of the risk factors in perpetuating womens cycle of violence. Critical Areas of concern was also discussed. The development of women and the achievement of the equal status of men and women are a matter of human rights concern and should not be treated as different from other womens issues. The exercise and the application of womens rights are the main factors that are vital in political, social, econ omic, cultural and environmental security. Campaigns against Domestic ViolenceVarious Non- judicature and Government Organizations are made in order to entice public awareness on the status of women in the society, more specifically on the status of domestic violence. More specifically, the executes against DV are being directly related on the issue of human rights. The Sixteen Days of Activism, International Day for the Elimination of Violence against Women of the United Nations and Amnesty Internationals Stop Violence Against Women Campaign Banner are three of the ranges that this essay will look into and relate its importance in terms of DV and Human Rights. Center for Womens Global Leaderships (CWGL) Sixteen Days of Activism Against Gender Violence CampaignThe Center for Womens Global Leadership on 1991 has established on June 1991 a 16-day of activism campaign against gender violence. The campaign is marked to uprise on every 25th of November and is perceived to end at every tenth of December. The campaign is framed to include four significant international human rights commemorations which are International Day Against Violence Against Women which happens every November 25, World Aids Day which is every 1st of December, Anniversary of the Montreal Massacre which move on December 6 and Human Rights Day which happens every 10th of December . On 2000, the Campaign has already celebrated its tenth annual commemoration which was marked by local, national, regional and international activities.Various campaign mediums were used such as radio, television, video programming, press conferences, film screenings workshops, seminars, panels and other meetings demonstrations, protests, marches and vigils photo, poster, art and book exhibitions lectures, debates, testimonies and talks petition drives public education campaigns concerts, plays and other theatre performances street dramas and other community programmes distribution of posters, stickers, leaflets, learning kits and other publications The 16 Days of Activism has done a huge effect in terms of creating awareness and change in both in the national and international levels that as of 2000, there are already 800 organization in over 90 countries which participated in such a campaign. The campaign has been celebrated annually in local towns, states and regions and has been an avenue to create solidarity amongst women advocates and members of violence. The campaign has also done a great job by having such an activity a way for the victims of violence to be protected .The methods of organizing the campaign have widely varied through out the years. In 2000, the organizing strategies of the campaign has involved linking various events all over the world which include the Fourth World Conference on Women in Beijing and the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in South Africa. In addition with this, the CWGL also encourages activists around the world to be an instrument in destiny to increase awareness on the violations against women through tribunals, workshops, festivals and other related activities . International Day for the Elimination of Violence against WomenThe 54th session of the General Assembly on 19 October 1999 which marks that 17th meeting of the Third Committee submitted a draft resolution which designates the 25th of November as the International Day for the Elimination of Violence against Women. The said draft was sponsored by 79 states which aimed to increase the knowledge and understanding of the world with regard to the problem of VAW. The draft contained the details of the reasons why such a type of oppression has been hindering women to achieve their legal, social, political and economic equality within the society. Although initially, the commemoration of the necessity of eliminating of violence against women was made in Latin America and a number of countries all over the world, the obse rvance has no standard title and was only referred as No Violence Against Women Day and the Day to End Violence Against Women.Such a day was first declared by feminists in Bogota capital of South Carolina in commemoration of the Mirabal Sisters of Dominican Republic who have been perceived as the foundation of modern feminism. The Mirabal Sisters, also known as the Inolvidables Mariposas or the persistent Butterflies signifies the oppression against women. The amount of dedication and passion that they have given in order to attain women liberation and respect has been a source of dignity and inspiration to women around the world. Stop Violence Against Women Campaign On process 5, 2004, Amnesty International has established an international campaign in order to stop the violence that is made against women.Amnesty International has perceived violence against women as a widespread international problem that caused huge number of women lives. One notable activity of Amnesty is the op ening of the first harmless house in Kenya which keeps girls who are susceptible to female genital mutilation. The Campaign has also broadened the interpretation of VAW that is presented in the UN Declaration by focusing on the acts of neglect or deprivation against women. VAW is perceived by the campaign as those violence occurring in the family, in the community and other gender based violence. In relation with this, violence is perceived in different forms physical, psychological and sexual. Amnesty has presented three major reasons of gender based violence in developing countries.According to the campaign, social and political institutions through time demonstrable institutionalized patterns of values and standards that are obviously against for the development of women. For instance, the cultural value in some countries in Asia that a woman who opt to mollify at home and take care of her children and husband is considered virtuous. In addition, a number of cultural practices and traditions focusing on the idea of purity and sexual morality of women has also been a commonly used excuse to justify such violence. Such forms of oppression against women are perceived by the author as more severe and damaging in its very nature because it inculcates oppression and violence against women as a standard way of life- a sort of reality that one has to accept regardless of anything.Examples of such cultural practices are the Female Genital Mutilation (FGM) in Africa, Honor Killing in the center of attention East, and in some remote places in China- Foot binding. All of these cultural practices are due to the basic premise that women should be remain unspotted and pure until marriage and it is only through the exercise of such methods that a womans purity could be attained. More significantly, the exercise of FGM has been root on the idea that during sexual intercourse, women are not supposed to olfaction any type of pleasure, hence the mutilation of their geni talia, more particularly, the clitoris. Poverty and marginalization are also perceived by Amnesty International as both causes and consequences of the violence against women. Abusive situ