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Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Stuart Horsman

World Bank, for example, has supported only projects that do not contravene international water law principles.56 WARMAP has likwise been involved in this sphere: ‘Unlike the other aid projects with a technical focus, WARMAP had a specific legal and institutional agenda to create a framework for water sharing based on legal principles in accordance with the Helsinki Rules and International Law Commission recommendations’.57 Extra-regional organisations have played an important role in providing financial assistance to the region. The World Bank’s Vice President for

in Limiting institutions?
Open Access (free)
Reconceptualising states’ obligations in countering VAWH
Sara De Vido

achieving a precise result, with the consequence that ‘lack of due diligence is a breach of the obligation of conduct.’23 The debate on the obligation of prevention surrounded the question whether it was an obligation of conduct or of result, and it was not clear at the time which position Ago had taken in that respect.24 The International Law Commission departed from the notion elaborated by the Special Rapporteur, and approved at a first reading this version of Article 23: When the result required of a State by an international obligation is the prevention, by means of

in Violence against women’s health in international law
Legality and legitimacy
Dominic McGoldrick

Convention on Human Rights. 46 See General Assembly Resolution 95(I) (1946) and the International Law Commission’s formulation of the Nuremberg Principles (1950). 47 See G. Robertson, Crimes Against Humanity (London: Penguin, 2000). 48 See D. Turns and C. Byron, ‘The preparatory commission for the international criminal court’, International and Comparative Law Quarterly, 50 (2001), 420–34. 49 H. Kelsen, ‘Will the judgment at Nuremberg constitute a precedent?’, International and Comparative Law Quarterly, 1 (1947), 153–71; G. Lawrence (President of the IMT), ‘The Nuremberg

in Domestic and international trials, 1700–2000
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

responsibility for acts of sexual violence against women committed by state organs or private parties. It is beyond question that the victims and/or their relatives should be awarded adequate compensation once a violation of their human rights has been assessed by an adjudicatory body. It is also agreed that the defendant state must conduct an impartial and effective investigation.191 What has emerged from the most recent reports issued by the Inter-American 49 DE VIDO 9781526124975 PRINT.indd 49 24/03/2020 11:01 Violence against women’s health in international law

in Violence against women’s health in international law