International human rights law is showing an increasing concern for the phenomenon of domestic and sexual violence against women. This innovation has provoked both positive and critical reactions. The article aims to assess the impact of international human rights law on national policies to combat domestic and sexual violence. After a theoretical framing of the issue, the author highlights how international law has contributed to the criminalisation of conduct that is harmful for women but has traditionally been considered licit or unworthy of punishment. Then, it turns to examine a few problems arising from the use of criminal law in a propulsive way, as a means to protect fundamental rights. Finally, the article proposes some general reflections about the role of international human rights law in combating violence against women.
The impact of international human rights law on national policies to combat domestic and sexual violence against women
Sofia Braschi
2022-01-01
Abstract
International human rights law is showing an increasing concern for the phenomenon of domestic and sexual violence against women. This innovation has provoked both positive and critical reactions. The article aims to assess the impact of international human rights law on national policies to combat domestic and sexual violence. After a theoretical framing of the issue, the author highlights how international law has contributed to the criminalisation of conduct that is harmful for women but has traditionally been considered licit or unworthy of punishment. Then, it turns to examine a few problems arising from the use of criminal law in a propulsive way, as a means to protect fundamental rights. Finally, the article proposes some general reflections about the role of international human rights law in combating violence against women.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
