Is Domestic Violence a Breach of Human Rights? Essay

The problem brought forrader by the un suitable distri simplyion of military group in mention similitudeships in developing countries has caused non scarce oppressiveness hardly overly delirium against women. Criminal acts much(prenominal) as bollix up, hitting, verbal contumely and different relate violent behaviors atomic number 18 being arrestd by a significant number of women all e reallywhere the world. As such, this seek seeks to establish the link between domestic abandon and tender-hearted ripes. Not until recently that the unify argonas (UN) has decided to include the cut of military force against Women (VAW) on the mainstream of the kind-hearted rights paradigm.As such this research will be looking on the anatomy of DV and the laws link to its implementation. More specifically, the research has the following objectives 1. To decent define interior(prenominal) personnel (DV) and different concepts colligate on the notion of DV. 2. To let out the incidences on DV that could be significantly related on the issue of homophile Rights Violation. 3. To identify the laws set forth by the join Nations that verifies the link of DV to the issue of human rights violations and specifically cite renders that further explains the rights of women and the degree of surety that is receivable to them.4. To identify the campaigns this aims to further protect the rights of women. 5. To know why it took so long for DV to be recognized as a valet de chambre Rights Issue. Background of the Problem Domestic strength is a form of force play against women. Violence Against Women (VAW) as defined by the Declaration on the Elimination of Violence against Women (1993) is any act of sexuality-based personnel that results in, or is likely to result in, physical, perk upual or metal suffering or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in per son-to-person life sentence .This definition thus emphasizes that any act that forces women to do certain things that result to any display case of harm is considered as an act of DV. More importantly, the scope of DV has been made broad as it encompasses not alone DV in call of the household, but also certain conquest against women that might happen in the last mentioneds course of relating towards people.Violence against women includes the physical, sexual and psychological violence that happens in the family or the community which includes battering, sexual abuse of children, dowry related violence, rape, female venereal mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation, sexual harassment and intimidation at resolve, in educational institutions and elsewhere, trafficking in women, forced prostitution, and violence perpetrated or cond 1d by the state More specifically, the world Health Organization (WHO ) claimed that the violence against women does not moreover poses human rights issue but also contains other problems such as health and social concerns. 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 set up because of the abuses that were brought forth unto them argon also a growing health concern according to WHO. Domestic Violence is also labeled as Intimate Partner Violence (IPV) by the Center for Disease and Control Prevention (CDC) has four major lawsuits which are physical, sexual, psychological abuse and stalking . The World Health Organization comprehend IPV not only as a human rights issue but also a growing health concern.The world based debate of WHO found out that 10-69% of women admitted that they hand over been physically assaulted by a male participator at some point indoors their gets. In a larger scale, the range is between 10-34%. IPV incidents are perceived to be not regularly reported to the police, hence the inability to picture the entire order of magnitude of the problem. CDC also reported that majority of IPV incidents reported (i. e. 50%) are stalking, 25% physical assaults and 20% rape or sexual assaults. The CDC say that the consequences of domestic violence are perceived to be much modify on the part of the victim and more apostrophizely in terms of treatment. Physical consequences include injuries that were odd(a) as a result on the victimization such as scratches, bruises and welts.Other more damaging effects are central nervous system disorders, gastrointestinal disorders, gynecological disorders, pregnancy difficulties and the likes. Psychological violence which stemmed out from emotional or psychological assault makes the victims develop problematic behaviors such as being anti social, develops suicidal tendencies, depressions and anxiety. Social implications of domestic violence also create a weath er vane of problem for the victims in terms of relating with other people and performing well in their workplace. More a good deal 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 generally characterized by a really risky sexual behavior such as unprotected sex or even sexual trade. In supplement, the use of addictive substances such as drugs or alcohols is also perceived. Corollary with this, the abuse of motley medicines or pills for in order to lose weight is also paramount while in some cases, overeating was the documented consequence . The economic implications of domestic violence are also real alarming. On 2003, the perceived costs of IPV is roughly $4. 1 billion which primarily comprises of $460 for rape cases, $6. 2 billion for physical assault, $461 billion for stalking and $1. 2 billion for the respect of cost lives . Domestic Violence and Hu man RightsAttempts to link VAW on the issue of human rights were first established by dint of the 1948 Universal Declaration of Human Rights wherein such asserts that all humans moldiness make up make up rights and opportunities disregarding of any difference . However it could be famous that the UDHR did not directly hooked the issues of DV and directly perceived it as a Human Rights issue. As such it is the underlying notion that all humans essential be treated as enough has become the basic argument against DV and paved the way for the entry of certain laws that directly cater to it. In relation with this, the company on the Elimination of All Forms of ine shade against Women (CEDAW) on 1979 and the United Nations 1993 Declaration to Eliminate Violence against Women , also has similar goals. collectable to the attempts to link VAW and human rights, such paved the way to transnational womens movements and other mobilizations worldwide. Non politics musical arrangeme nt (NGO) and state governments have made their make efforts in order to eradicate this sort of oppression against women . The secret Nature of DV More importantly, the perception of Domestic Violence (DV) against the framework of human rights paved the way for the theme of applying worldwide laws in order to solve DV all over the world. DV has been perceived as having a insular temper due to the apprehension that its occurrence primarily stemmed out of the family wherein more often are opted to be kept in silence and addressed and/or resolved personally by family members . to the highest degree of the time, victims of DV in spite of appearance families opt to keep the issue within the jurisdiction of their own homes. Women opt to discuss the issue among their husbands or partners rather than reporting such incidences to the police. In relation with this, it could also be significantly noted that once such incidences are reported to the police, the latters way of resolving the issue also result to having both parties reconcile within themselves. In effect of this, women who know such a attend opted to no longer result to lawful actions, rather only try their best to work it among their partners. The hush-hush 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 through with(p) by people who are unknown to women. In sum with this, since there are no witnesses to offstage violence, it becomes very hard for the law to take on 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 just try to calm them down.To a policy of arrest rather than meditation, the formal approach is not necessarily reflected in practice in part because intervening police officers are at a very high rik in incidences of head-to-head violence. It has been very hard for people to identify violence that happened between couples. Albeit, the ingenuousness 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 conscious of the reasons of violence rather than the evidence of violence. such according to Pourezza et al is primarily due to the private nature 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, secretion in work place and social life and lack of personal securities . In the United States until now DV although initially 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 campaigns are launched by the United Nations such as the world-wide daylight for the Elimination of Violence against Women, The Sixteen twenty-four hourss of Activism of Center for Womens Global Leaderships (CWGL) and forbearance planetarys Stop Violence Against Women trial touchstone all work to encounterher not only to help eliminate domestic violence but other gender-related violence as well. These campaigns together with various laws will able to make women aware of their rights not only as an individual but also as a woman. 1948 Universal Declaratio n 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 dignity and of equal and untransferable rights hence implying that women have the disposition 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 vital in living a quality life. Such attempts on the end of the 1948 Declaration of Human Rights that became the cornerstone in the ontogeny of other internationalistic laws could be seen on the following formulations. The expression 1 of the Declaration claims that All human beings are innate(p) free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.The very basic philosophical foundation of the relevance of human l ife against any other form of life is mans capacity for reason which is solvely presented in this provision as a characteristic of all human beings. Hence women receive a capacity for reason that is exactly similar to that of man, and by such, the former must be given up the same amount of independence 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, semipolitical or other opinion, national or social origin, property, birth or other status.Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or dirt to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. This provision fairly states the relevance of the upholding of human right s 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 necessity 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 means that dowry and other types of dogged marriages although perceived to be a part of custom and culture in some countries is also a violation of womens rights. This provision then implies the general notion relevant to the argument that womens domestic af modal(a)s are subjected to the jurisdiction of the human rights realm. The provision stating that women should only marry in accordance with their own decision 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 therefore 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 deject than what is expected on the males family, what usually happens is that the woman is often abused or is viewed as someone who is a burden to the mans family. Article 21 on the other decease 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 forms 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 B angladesh 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 year (i. e. 1998). More importantly, the study cogitate 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 narrow 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 any person to have a free choice of the type of work that she wants to do as state on Article 23. As such, this provision leans towards the growing concern of the feminization of poverty most in particular in developing countries. One 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 care 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 stops 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 assistance. 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 cl aim that this concern must be under the jurisdiction of the government is an indication 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. Convention 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 congregation. 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 still be seen as primarily focusing on the argument for human rights.Although it could be said that t he convention reflects certain normative standards that are applicable 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 lay out the parameters of women discrimination and the creation of an order of business 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 vital factor in shaping the roles of men and women and other relations within the family. In addition, CEDAW also acknowledges the generative rights of women. Articles 10, 11 and 13 emphasize womens rights to equal opportunity to education, employment and social activities.Such a provision paved the way for more opportunities for women to leave 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 ou t 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 distribution. In relation with this, Article 15 claims that women should also have a fair access in various civil and business way outs. 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 fruitful 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 purpose 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 generative choice.The notion that family planning advices from the government should be made available to all women will lay off 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 summately 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 deuce-ace major area of concern that the Convention focused on is the role of a countrys culture and norms in terms in hindering women in enjoying their fundamen tal rights.Article 5 makes it clear that states are obliged to alter their social and heathen patterns of individual conduct which clearly harbors inequation between sexes and unequal distribution of power. One of the most important implications of such is the mandatory revision of textbooks, school programmes and education 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 answer emphasizes that violence against women hinders not only the achievement of equation 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, th e 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 programme of action specifically focuses on the promotion and protection of human rights. The declaration recognizes that such an issue is of international scope and is a way in which the international human rights systems could be studied 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 ken 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 detail 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 swear outs, details 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 Philippines who were forced into sex slavery by Japan during the Second World War are clear violation of womens human rights. The United Nations Fourth World Conference on Women, Action for Equality, Development and Peace, capital of Red China , 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 necessity of having violence against women on the mainstream of the human rights paradigm. The Conference focuses primarily on the implementation of the Nairobi innovative Strategies for the Advancement of Women and at removing all the obstacles to womens active participation in all spheres of public and private life through a full and equal share in economic, social, cultural and political decision-making. The meeting has formulated a global framework that would allow the conference to address all the relevant and related details addressed on the World whirligig for Children, the United Nations Conference on Environment and Development, the World Conference on Human Rights, the International Conference on Population 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. slender 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 engagement and the application of womens rights are the main factors that are vital in political, social, economic, cultural and environmental security. Campaigns against Domestic ViolenceVarious Non-Government and Government Organizations are made in order to entice public awareness on the status of women in the society, more specifically on the st atus of domestic violence. More specifically, the campaigns 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 pennon are three of the campaigns 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 start on any 25th of November and is perceived to end at every 10th of December. The campaign is framed to include four significant international human rights memorializations 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 butcher which falls 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, process 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, information 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 c ountries 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 act 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 entangled 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 helping 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 5 4th session of the General Assembly on 19 October 1999 which marks that 17th meeting of the Third Committee submitted a draft blockage 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 observance 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 capital of Colombia Columbia in commemoration of the Mirabal Sisters of Dominican Republic who have been perceived as the foundation of juvenile feminism. The Mirabal Sisters, also known as the Inolvidables Mariposas or the Unforgettable 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 inhalant to women around the world. Stop Violence Against Women Campaign On March 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 opening of the first safe 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 depr ivation 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 developed 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 stay 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 worth and chastity 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 inc ulcates 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, find Killing in the Middle 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 chaste and pure until marriage and it is only through the commit of such methods that a womans purity could be attained. More significantly, the exercise of FGM has been rooted on the idea that during sexual intercourse, women are not supposed to feel any type of pleasure, hence the mutilation of their genitalia, 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