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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).

Michael Byers

Introduction Most of humanity shares two searing memories: the collapse of the World Trade Center on 11 September 2001; and a hooded man standing on a box with wires dangling from his outstretched hands. These images capture the painful truth that both sides in the so-called ‘war on terror’ have violated fundamental rules. But while non-state actors can violate international law, only states are able to change the law, making their breaches of greater potential consequence. In this chapter, I consider how the recent actions of the United States

in ‘War on terror’
Alexis Heraclides and Ada Dialla

Advocates and opponents of humanitarian intervention From the 1860s onwards, international law became an academic discipline in its own right in Europe and the Americas, taught separately from philosophy, natural law or civil law, and came to be written by professional academics or theoretically inclined diplomats. 1 Until then what existed was the droit public de l’Europe or ‘external public law’. Britain in particular had to

in Humanitarian intervention in the long nineteenth century
Law and conflicts over water in the Krishna River Basin
Radha D’Souza

underwent radical transformation. Indeed, it is possible to argue that the schisms internalized in the legal systems enabled new forms of imperial relations to emerge after the old forms of political colonialism ended. This paper attempts to locate the role of law within debates on the imperialist nature of world political economy after international law, through the UN Charter

in Law, history, colonialism
Open Access (free)
The prognosis
Sara De Vido

, diagnosis, treatment and prognosis has provided a sufficient descriptive framework for systematising my argument and has encouraged a reflection which has led me to the elaboration of a new concept in international law around which to construe states’ obligations. I started my analysis from the conviction that VAW always relates to the right to health and the right to reproductive health. I contended that the relationship is not merely a causal one, however, in the sense that VAW causes a violation of the rights to health and to reproductive health (what I called the

in Violence against women’s health in international law
Casper Sylvest

CH APTER 3 Legal evolution and the redemption of international law The dilemma of international law is that of ecclesiastical dogma. Elastic interpretation adapted to diverse needs increases the number of the faithful. Rigid interpretation, though theoretically desirable, provokes secessions from the church. (E. H. Carr, 19391) It has become a commonplace to note that the modern body of inter­ national law, shared by a society of civilised nations, has its roots in the classical tradition of jus gentium and in a ‘law of nations’ applicable to a family of

in British liberal internationalism, 1880–1930
Open Access (free)
Reconceptualising states’ obligations in countering VAWH
Sara De Vido

the dimensions. In this section, I will elaborate further the intuition of the CEDAW in GR No. 35 of 2017, which stressed that states have obligations stemming from actions committed by state and non-state 179 DE VIDO 9781526124975 PRINT.indd 179 24/03/2020 11:01 Violence against women’s health in international law actors and, with regard to the former, to ensure that laws, policies, programmes and procedures do not discriminate against women.4 The recommendation does not refer, however, or only partly, to cases in which it is the state that, through its policies

in Violence against women’s health in international law
David Armitage

PARLIAMENT AND INTERNATIONAL LAW 9 Parliament and international law in the eighteenth century 1 David Armitage The study of parliament and international law in the eighteenth century illuminates crucial distinctions among nation, state and empire. For example, after 1603 but before 1707, the Scottish parliament in Edinburgh represented a nation but aroused English opposition whenever it tried to legislate as if Scotland were an independent state. Before 1801, the Irish parliament in Dublin represented only a very narrowly defined Irish nation and, prior to the

in Parliaments, nations and identities in Britain and Ireland, 1660–1850
Open Access (free)
The narrative
Sara De Vido

Introduction: the narrative Premise and main argument: elaborating the new notion of violence against women’s health Violence against women (VAW) has been the object of hundreds of studies, pertaining to different areas of research. International law has been one of these areas, the analysis focusing on gender-based violence as a violation of human rights, in particular a violation of the principle of non-discrimination, the prohibition of torture, inhuman or degrading treatment, the right to life, the right to respect for private and family life, and on states

in Violence against women’s health in international law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

’ obligations in the field. It is true, indeed, that Hippocratic medicine was also founded on the ­available – hence, surely not 100 per cent complete – evidence-based knowledge.2 As interestingly argued by one author, who relied on the rhetorical theory, ‘all theoretical discussions of international law are incomplete in one way or the other,’ and the reason is that theorists ‘choose,’ they emphasise different aspects of the discipline.3 To paraphrase the most common definition of VAW – violence against women is a violation of women’s human rights – violence against women

in Violence against women’s health in international law