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Resistance and accommodation
Sufyan Droubi
Cecilia Flores Elizondo
, and
Raphael Heffron

Deborah J. Yashar , “Indigenous Politics and Democracy: Contesting Citizenship in Latin America” ( Kellogg Institute 1997 ) Working Paper 238; Deborah J Yashar , “Resistance and Identity Politics in an Age of Globalization” ( 2007 ) 610 The ANNALS of the American Academy of

in Latin America and international investment law

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).

A reflective narrative
Patrick Thornberry

-determination – also militate against ‘lumping together’ the indigenous demand for cultural protection with sundry fundamentalisms scathingly described by Eagleton: If identity politics have ranked among the most emancipatory of contemporary movements, some brands of them have also been closed, intolerant and supremacist. Deaf to the need for wider political solidarity, they represent a kind of group individualism which reflects the dominant social ethos as much as it dissents from it . . . At the worst, an open society becomes one which encourages a whole range of closed cultures.79

in Indigenous peoples and human rights
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

The anamnesis, which in medical terms mainly consists in case history, provides a legal analysis of around 70 decisions taken by domestic and regional human rights courts, and UN treaty bodies, relevant for the two dimensions at the core of the book, the horizontal, ‘interpersonal’ dimension and the vertical, ‘state policies’ dimension. The first dimension includes cases on domestic violence, rape in peacetime and female genital mutilation. The second dimension explores cases on abortion, involuntary sterilisation, maternal health and emergency contraception. The chapter examines the decisions following three axes/questions: Who are the applicants? In which ways was women’s health relevant in the decision? What reparations, if any, were granted? The book does not aim to elaborate a database of jurisprudence but to reflect on legal issues arising from selected decisions to elaborate the concept of violence against women’s health in chapter 2.

in Violence against women’s health in international law
Hilary Charlesworth
Christine Chinkin

feminist interest in identity politics, although, strikingly, the New Haven school does not in fact recognise gender or sex as an observer perspective. The fundamental principle of human dignity and the notion of international communitarianism that animates the New Haven school’s approach is consistent with feminist agendas. Although one of the early major studies on sex discrimination within the

in The boundaries of international law