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The Regulation Of International Law On Domestic Violence

Posted on:2015-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:C YaoFull Text:PDF
GTID:2296330467479253Subject:International Law
Abstract/Summary:PDF Full Text Request
At present, human rights problem has already become apparent, more and moreattention has been paid to domestic violence as an international law issue. Domesticviolence exists in not only those less developed countries but also those developedcountries. As an obstacle to social progress, domestic violence violate women’s humanrights, it also jeopardize the stability of the entire world.Recently, there are three mechanisms for international law to regulate domesticviolence. First, the regulating mechanism under the dominating of the general assembly ofthe United Nations, including the reporting systems of the UNGA、the third party andUNHRC, these reporting systems put states under supervision,however this mechanismdoesn’t regulate domestic violence efficiently. Second, the protecting mechanism of theinternational bill of human rights, it deal with the three human rights treaties, which focustoo much on the protection on all mankind than women.Third, the protecting mechanismof the conventions on women rights, as the special mechanism on protecting women, thismechanism do emphasize protecting women’s rights, but too little attention has been paidto the regulating on domestic violence.The regulation of the international law on domestic violence is limited. The reasonsmight be concluded into four aspects. International human rights law cannot be directlyapplied by sovereign states, the regulating mechanism of the international human rightslaw to domestic violence is soft-law mechanism, there isn’t judicatory guarantee for theinternational human rights protection, and there aren’t special international treaties onregulating domestic violence.Domestic violence tramples on women’s human rights, it should be put under strictregulation. Thus such aspects can be considered to answer, the combination of the nationallaw mechanism and the international law mechanism, the enhancement of the internationaladministration on domestic violence. The United Nations should urge those states to carryout the obligations of international human rights protection, and most importantly, aspecial international treaty on regulating domestic violence should be drafted. Onlywhen these steps all have been taken can domestic violence get regulated efficiently.
Keywords/Search Tags:domestic violence, human rights protection, international human rightstreaty
PDF Full Text Request
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