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Violence Against Women Under International Human Rights Law. By Alice Edwards. Cambridge, New York: Cambridge University Press, 2011. Pp. xxxiii, 375. Index. $118.
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Published online by Cambridge University Press: 20 January 2017
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- Recent Books on International Law
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- Copyright © American Society of International Law 2014
References
1 See, e.g., Charlesworth, Hilary, The Hidden Gender of International Law, 16 Temp. Int’l & Comp. L.J. 93, 95 (2002)Google Scholar (describing and critiquing the “add women and stir” approach to international law).
2 Lorde, Audre, The Master’s Tools Will Never Dismantle the Master’s House, in This Bridge Called My Back: Writings by Radical Women of Color 98, 98 (Moraga, Cherríe & Anzaldúa, Gloria eds., 1981)Google Scholar (capitalization adjusted).
3 See Sally Engle Merry, Human Rights and Gender Violence:Translating International Law into Local Justice 2 (2006); see also Report of the Secretary-General, In-Depth Study on All Forms of Violence Against Women, paras. 23–54, UN Doc. A/61/122/Add.1 (2006), available at http://www.un.org/womenwatch/daw/vaw/SGstudyvaw.htm.
4 Of course, there are some exceptions. See, e.g., Copelon, Rhonda, Recognizing the Egregious in the Everyday: Domestic Violence as Torture, 25 Colum. Hum. Rts. L. Rev. 291, 325 (1994)Google Scholar; Pamela Goldberg & Kelly, Nancy, International Human Rights and Violence Against Women, 6 Harv. Hum. Rts. J. 195 (1993)Google Scholar (cataloguing efforts by intergovernmental organizations, nongovernmental organizations, and activists to address violence against women through international human rights law).
5 Opuz v. Turkey, App. No. 33401/02, paras. 74–75 (Eur. Ct. H.R. June 9, 2009); González (“Cotton Field”) v. Mexico, Preliminary Objection, Merits, Reparations & Costs, Inter-Am. Ct. H.R. (ser. C) No. 205, para. 395 (Nov. 16, 2009). See generally Bettinger-Lopez, Caroline, The Challenge of Domestic Implementation of International Human Rights Law in the Cotton Field Case , 15 CUNY L. Rev. 315 (2012)Google Scholar.
6 Bonita Meyersfeld, Domestic Violence and International Law (2010).
7 UN Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 UNTS 13.
8 For further discussion of this tension, see Mégret, Frédéric, Where Does the Critique of International Human Rights Stand? An Exploration in 18 Vignettes, in New Approaches to International Law: The European and the American Experiences 3 (Beneyto, José María & Kennedy, David eds., 2012)CrossRefGoogle Scholar.
9 Edwards includes in her definition of violence against women, for example, the socioeconomic disadvantage that leads to high infant and maternal mortality rates, higher risk of HIV infection than men, and sexual and economic exploitation (p. 282), as well as the in ability to abort a pregnancy that poses a risk to the mother’s health or life (pp. 290–91).
10 Charlesworth, Hilary, Chinkin, Christine & Wright, Shelley, Feminist Approaches to International Law, 85 AJIL 613, 613 (1991)CrossRefGoogle Scholar (noting that “[t]here is no single school of feminist jurisprudence”).
11 Lorde, supra note 2, at 99.
12 Increased scholarly interest in the UN human rights treaty bodies may be on the horizon. See, e.g., Machiko Kanetake, The Application of Human Rights Treaty-Monitoring Bodies’ Findings by Domestic Courts, Remarks at the American Society of International Law Research Forum (Nov. 1, 2013) (onfile with author).
13 United Nations Entity for Gender Equality and the Empowerment of Women, About UN Women (2014), at http://www.unwomen.org/en/about-us/about-un-women.
14 See, e.g., Ramji-Nogales, Jaya, Schoenholtz, Andrew I. & Schrag, Philip G., Refugee Roulette: Disparities in Asylum Adjudication, 60 Stan. L. Rev. 295, 343–44 & nn. 79–84 (2007)Google Scholar (listing empirical literature on gender and judging as well as rationales offered for gender differentials in judging).