Nasilje nad ženama u međunarodnom pravu
Violence against women in international law

Author(s): Gordana Gasmi, Dragan Prlja
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Sociology, Studies in violence and power, Victimology
Published by: Institut za uporedno pravo
Keywords: violence against women; human rights; international legal standards; Istanbul Convention; gender-based discrimination
Summary/Abstract: The monograph deals with international legal standards in the field of violence against women from the point of view of the protection of human rights, starting from the fact that violence against women is a serious violation of the human rights of women and girls. The research is normative in nature, using a conceptual approach and case analysis. The legal materials used are international legal documents. The most relevant international legal documents in this area are the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979) with its Optional Protocol (1999) and General Recommendation no. 12 (1989), no. 19 (1992) and no. 35 (2017) of the Committee for the Elimination of Discrimination against Women; The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994) adopted by the Organization of American States, and the Protocol to the African Charter on Human Rights and the Rights of Women in Africa (2003), adopted by the African Union. The global problem of violence against women is linked to prejudice and discrimination, gender inequality in societies, harmful gender stereotypes and gender-based power differentials. Hence, gender-based violence disproportionately affects women simply because they are women, as well as girls. Inequality is both the root cause and at the same time a consequence of gender-based violence, as it can prevent victims from seeking protection or compensation for violations of their basic human rights. Violence against women is conceptualized not only as a violation of human rights in itself, but also as an extreme form of discrimination covered by the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Gender-based and sexual violence can consist of the following types of violence and abuse: rape and attempted rape, sexual threats, sexual harassment, exploitation, humiliation, assault, abuse, sexual exchange, torture, and unwanted or harmful insertion of objects into the genital openings. It can also include forced pregnancy, forced sterilization, forced abortion, human trafficking for sexual exploitation, sexual slavery, forced circumcision and forced nudity.

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