State Obligations And Challenges In Protecting Female Victims Of Domestic Violence With Special Reference To Istanbul Convention
(2021) JAMM07 20211Department of Law
Faculty of Law
- Abstract
- This study explores the boundary of due diligence as state obligations in dealing with domestic violence mainly based on the formulation and application of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention). It compares Istanbul convention which exclusively aims at protecting female victims against all forms of violence with previous general instruments to investigate the clear standard which could be applied to the practical Domestic violence cases more directly. The comparison shows that Istanbul Convention continues the same strain of state positive obligation, providing a more comprehensive and macroscopic requirements in Article 5 with the description of... (More)
- This study explores the boundary of due diligence as state obligations in dealing with domestic violence mainly based on the formulation and application of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention). It compares Istanbul convention which exclusively aims at protecting female victims against all forms of violence with previous general instruments to investigate the clear standard which could be applied to the practical Domestic violence cases more directly. The comparison shows that Istanbul Convention continues the same strain of state positive obligation, providing a more comprehensive and macroscopic requirements in Article 5 with the description of “due diligence”. However, it will be hasty to conclude that due diligence is so well-designed that it can displace the role of state positive obligation. Both the limitations in the provision itself and the negative state responses still challenge the participation of more member states and further hinder the access to timely protection for female victims in practice。 (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9065150
- author
- Zhao, Xiawei LU
- supervisor
- organization
- course
- JAMM07 20211
- year
- 2021
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Human Rights, Public International Law, Istanbul Convention, Violence Against Women, Domestic Violence, Due Diligence, Positive Obligations
- language
- English
- id
- 9065150
- date added to LUP
- 2022-02-03 14:44:00
- date last changed
- 2022-02-03 14:44:00
@misc{9065150, abstract = {{This study explores the boundary of due diligence as state obligations in dealing with domestic violence mainly based on the formulation and application of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention). It compares Istanbul convention which exclusively aims at protecting female victims against all forms of violence with previous general instruments to investigate the clear standard which could be applied to the practical Domestic violence cases more directly. The comparison shows that Istanbul Convention continues the same strain of state positive obligation, providing a more comprehensive and macroscopic requirements in Article 5 with the description of “due diligence”. However, it will be hasty to conclude that due diligence is so well-designed that it can displace the role of state positive obligation. Both the limitations in the provision itself and the negative state responses still challenge the participation of more member states and further hinder the access to timely protection for female victims in practice。}}, author = {{Zhao, Xiawei}}, language = {{eng}}, note = {{Student Paper}}, title = {{State Obligations And Challenges In Protecting Female Victims Of Domestic Violence With Special Reference To Istanbul Convention}}, year = {{2021}}, }