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State Obligations And Challenges In Protecting Female Victims Of Domestic Violence With Special Reference To Istanbul Convention

Zhao, Xiawei LU (2021) JAMM07 20211
Department 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)
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author
Zhao, Xiawei LU
supervisor
organization
course
JAMM07 20211
year
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}},
}