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Wydawnictwo
AWSGE
Akademia Nauk Stosowanych
WSGE
im. Alcide De Gasperi
BOOK CHAPTER (87-112)
Gender violence and Human Rights
 
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Senior Judge of Territorial Adscription of the Superior Court of Justice of the Valencian Community
 
 
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ABSTRACT
Gender violence or domestic violence, understood as that which is exercised against women for the mere fact of being women, is the result of a social and political structure that puts them in unequal conditions as opposed to men, and is currently one of the main concerns of States and international organizations. This article intends to analyze the jurisprudence of the different Courts and International Organizations specialized in Human Rights, when judging applications of individuals against Member States regarding acts of violence against women. The aim of the article is a mere approach to the case-law as a more comprehensive study would require longer extension. Specifically, case-law of the European Court of Human Rights and Inter-American Court of Human Rights will be studied. In addition, the article addresses the Views of the Committee of the United Nations on the Elimination of All Forms of Discrimination against Women. Within the range of human rights that may be involved in issues of gender violence, this article will focus on the right to life, effective judicial protection and the prohibition of torture and inhuman and degrading treatment
 
REFERENCES (11)
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Alberdi, I. (1999) The meaning of gender in the Social Sciences. Revista Científica Complutense, “Política y Sociedad”, Volumen 32, Universidad Complutense de Madrid.
 
2.
American Convention on Human Rights.
 
3.
Committee for the Elimination of Discrimination against Women of the United Nations, case Karen Tayag Vertido against the Philippines, September 22, 2010.
 
4.
Convention on the Elimination of All Forms of Discrimination against Women of the United Nations.
 
5.
European Convention on Human Rights.
 
6.
Inter-American Convention to Prevent, Punish and Eradicate Violence against Women (Belém do Pará).
 
7.
Inter-American Court of Human Rights, case Esmeralda Herrera Monreal, Laura Berenice Ramos Monárrez and Claudia Ivette González (cotton field) against Mexico, November 16, 2009.
 
8.
Inter-American Commission on Human Rights, Maria da Penha Maia Fernandes case against Brazil, Report 54/01 of April 16.
 
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Montalbán Huertas, I. (2006) The Comprehensive Law against Gender Violence 1/2004 as a normative instrument. Balance of one year in the judicial field. Notebooks on Judicial Law IV/ 2006.
 
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Onofre de Alencar, E. (2015) Women and gender stereotypes in the jurisprudence of the Inter-American Court of Human Rights. Eunomia Magazine in Culture of legality. No. 9.
 
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Walker, L. (1979) “The battered woman syndrome”.
 
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