Pub Date : 2021-10-13DOI: 10.1080/14754835.2021.1969226
Nazli Pinar Kaymaz
Abstract Although an extensive literature on the British idealist theory of human rights exists, it is limited by its focus on prominent British idealist philosophers and its predominant interest in civic and political rights. This article broadens our understanding of the subject by examining the lesser-known British idealist John Stuart Mackenzie’s work on economic and social human rights. Mackenzie’s reflections on the matter appear to be significant as an early example of employing human rights language as a solution to widespread poverty and destitution in Britain. His use of a tripartite idealist perception of human nature allows Mackenzie to underline the complexity of human potential and human need that must be protected in all spheres of social interaction. In light of ongoing challenges to the legitimacy of economic and social rights as human rights, Mackenzie’s work constitutes a solid example of a maximalist approach to human rights that aims to not merely ensure survival but leads to the realization of a truly human life.
{"title":"Broadening the British idealist approach to human rights: J. S. Mackenzie’s list of political, economic, and social rights","authors":"Nazli Pinar Kaymaz","doi":"10.1080/14754835.2021.1969226","DOIUrl":"https://doi.org/10.1080/14754835.2021.1969226","url":null,"abstract":"Abstract Although an extensive literature on the British idealist theory of human rights exists, it is limited by its focus on prominent British idealist philosophers and its predominant interest in civic and political rights. This article broadens our understanding of the subject by examining the lesser-known British idealist John Stuart Mackenzie’s work on economic and social human rights. Mackenzie’s reflections on the matter appear to be significant as an early example of employing human rights language as a solution to widespread poverty and destitution in Britain. His use of a tripartite idealist perception of human nature allows Mackenzie to underline the complexity of human potential and human need that must be protected in all spheres of social interaction. In light of ongoing challenges to the legitimacy of economic and social rights as human rights, Mackenzie’s work constitutes a solid example of a maximalist approach to human rights that aims to not merely ensure survival but leads to the realization of a truly human life.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"564 - 579"},"PeriodicalIF":1.9,"publicationDate":"2021-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41633356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-08DOI: 10.1080/14754835.2021.1971070
Samuel Martínez
Abstract Today’s antitrafficking movement situates the crimes against which it struggles as invisible and possibly unknowable, even as anti-antitrafficking skeptics question the reliability of widely cited trafficking prevalence estimates. Behind this controversy, an important question has been omitted: If verifiable data are lacking, how has a sense of urgency been built around modern slavery’s alleged omnipresence? The websites of leading new abolitionist organizations provide a basis for a critical reading of today’s antislavery discourse. Expositions of the wrongs toggle between narrative-based/emotive and evidence-based/rational modes. The first evokes the hiddenness and hence unknowability of the wrongs. The second exhorts readers/viewers to ignore doubt and support antislavery action in spite of not knowing against what. More than sheer ambivalence, then, an imagetextual art is built by new abolitionist websites, capitalizing on the esthetic principle that not knowing is more alluring to the eye than is knowing.
{"title":"To know in the subjunctive: New abolitionist imagetexts and the specter of modern slavery","authors":"Samuel Martínez","doi":"10.1080/14754835.2021.1971070","DOIUrl":"https://doi.org/10.1080/14754835.2021.1971070","url":null,"abstract":"Abstract Today’s antitrafficking movement situates the crimes against which it struggles as invisible and possibly unknowable, even as anti-antitrafficking skeptics question the reliability of widely cited trafficking prevalence estimates. Behind this controversy, an important question has been omitted: If verifiable data are lacking, how has a sense of urgency been built around modern slavery’s alleged omnipresence? The websites of leading new abolitionist organizations provide a basis for a critical reading of today’s antislavery discourse. Expositions of the wrongs toggle between narrative-based/emotive and evidence-based/rational modes. The first evokes the hiddenness and hence unknowability of the wrongs. The second exhorts readers/viewers to ignore doubt and support antislavery action in spite of not knowing against what. More than sheer ambivalence, then, an imagetextual art is built by new abolitionist websites, capitalizing on the esthetic principle that not knowing is more alluring to the eye than is knowing.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"511 - 527"},"PeriodicalIF":1.9,"publicationDate":"2021-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48983735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-08DOI: 10.1080/14754835.2021.1969648
M. Velarde, J. Lord, M. Stein, T. Shakespeare
Abstract This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combatants with disabilities from available opportunities for their social, economic, and political reintegration. We conclude that a better understanding of the disabling impact of conflict and the experiences of impairment and disability could have mitigated such neglect.
{"title":"Disarmament, demobilization, and reintegration in Colombia: Lost human rights opportunities for ex-combatants with disabilities","authors":"M. Velarde, J. Lord, M. Stein, T. Shakespeare","doi":"10.1080/14754835.2021.1969648","DOIUrl":"https://doi.org/10.1080/14754835.2021.1969648","url":null,"abstract":"Abstract This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combatants with disabilities from available opportunities for their social, economic, and political reintegration. We conclude that a better understanding of the disabling impact of conflict and the experiences of impairment and disability could have mitigated such neglect.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"18 - 35"},"PeriodicalIF":1.9,"publicationDate":"2021-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41969974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-24DOI: 10.1080/14754835.2021.1947207
D. Subedi, Gordon Nanau, D. Magar
Abstract This article examines the politics of human rights in Pacific Island Countries (PICs). It expands the focus from “culture” to “institutions” to analyze how PICs have engaged with the international human rights regime. We reveal that although the Pacific Island Countries have ratified more international human rights treaties and engaged proactively with the international human rights regime in recent years, this shift has not substantially led to accountability necessary to protect, respect, and promote human rights. To unpack this contradiction, we propose an analytical approach, what we call, an “institutional logic.” Using the institutional logic, we argue that the current situation of human rights in PICs is primarily determined by the presence or absence of necessary institutional arrangements pertaining to rights. Thus, we conclude by suggesting that significant institutional reforms are indispensable for protecting and promoting human rights in PICs.
{"title":"From a ‘cultural logic’ to an ‘institutional logic’: The politics of human rights in Pacific Island Countries","authors":"D. Subedi, Gordon Nanau, D. Magar","doi":"10.1080/14754835.2021.1947207","DOIUrl":"https://doi.org/10.1080/14754835.2021.1947207","url":null,"abstract":"Abstract This article examines the politics of human rights in Pacific Island Countries (PICs). It expands the focus from “culture” to “institutions” to analyze how PICs have engaged with the international human rights regime. We reveal that although the Pacific Island Countries have ratified more international human rights treaties and engaged proactively with the international human rights regime in recent years, this shift has not substantially led to accountability necessary to protect, respect, and promote human rights. To unpack this contradiction, we propose an analytical approach, what we call, an “institutional logic.” Using the institutional logic, we argue that the current situation of human rights in PICs is primarily determined by the presence or absence of necessary institutional arrangements pertaining to rights. Thus, we conclude by suggesting that significant institutional reforms are indispensable for protecting and promoting human rights in PICs.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"528 - 546"},"PeriodicalIF":1.9,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43540325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-08DOI: 10.1080/14754835.2021.1979388
T. Bentley
Abstract After human rights violations, states frequently employ the discourse of “closure” or “drawing a line under the past” as an exculpatory device that situates the wrongdoing in an ontologically discreet and normatively inferior past, a maneuver I term “performative temporal segregation.” Recognizing the United Kingdom’s 2010 apology for Bloody Sunday as an example of temporal segregation, I draw on interviews with relatives of Bloody Sunday victims and other stakeholders to examine how the apology’s recipients have variously resisted and embraced the performative segregating of time. Although many relatives remain enthusiastic about the apology, temporal segregation is challenged by others in three ways: (1) by deriding the apology, (2) by framing it as a stepping stone toward justice rather than an endpoint, and (3) by critically reassessing it over time. I thereby demonstrate that victims and governments can have irreconcilable conceptions of the purpose of apology as a transitional justice mechanism. Nevertheless, participants almost universally embraced closure as a desirable and achievable objective, primarily through prosecutions. This, ironically, entails recognizing that the colonial state can dispense justice and arbitrate on temporality.
{"title":"A line under the past: Performative temporal segregation in transitional justice","authors":"T. Bentley","doi":"10.1080/14754835.2021.1979388","DOIUrl":"https://doi.org/10.1080/14754835.2021.1979388","url":null,"abstract":"Abstract After human rights violations, states frequently employ the discourse of “closure” or “drawing a line under the past” as an exculpatory device that situates the wrongdoing in an ontologically discreet and normatively inferior past, a maneuver I term “performative temporal segregation.” Recognizing the United Kingdom’s 2010 apology for Bloody Sunday as an example of temporal segregation, I draw on interviews with relatives of Bloody Sunday victims and other stakeholders to examine how the apology’s recipients have variously resisted and embraced the performative segregating of time. Although many relatives remain enthusiastic about the apology, temporal segregation is challenged by others in three ways: (1) by deriding the apology, (2) by framing it as a stepping stone toward justice rather than an endpoint, and (3) by critically reassessing it over time. I thereby demonstrate that victims and governments can have irreconcilable conceptions of the purpose of apology as a transitional justice mechanism. Nevertheless, participants almost universally embraced closure as a desirable and achievable objective, primarily through prosecutions. This, ironically, entails recognizing that the colonial state can dispense justice and arbitrate on temporality.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"598 - 613"},"PeriodicalIF":1.9,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48019011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01DOI: 10.1080/14754835.2021.1935221
Mohamed Sesay, M. Bradley
Abstract So-called “natural” disasters are often characterized by major human rights abuses, yet responsibility and accountability for such violations have attracted relatively limited attention in research and practice. Instead, these events and survivors’ suffering are often dismissed as “acts of God” or tragic misfortunes. Through analysis of an under-examined disaster—the 2017 mudslide in Freetown, Sierra Leone—this article probes survivors’ perspectives on responsibility for disasters, and suffering and violations accompanying them. While survivors in this case often attribute responsibility to God or other supernatural forces, they also understand the state and other earthly actors as sharing different forms and degrees of responsibility for the disaster and its harmful consequences. Indeed, seeing the mudslide as an “act of God” does not absolve the state from its obligation to protect citizens from harms associated with disasters and subsequent response efforts. Survivors’ perspectives provide significant insight into the challenge of advancing accountability in disaster contexts.
{"title":"“When the ground opened”: Responsibility for harms and rights violations in disasters – Insights from Sierra Leone","authors":"Mohamed Sesay, M. Bradley","doi":"10.1080/14754835.2021.1935221","DOIUrl":"https://doi.org/10.1080/14754835.2021.1935221","url":null,"abstract":"Abstract So-called “natural” disasters are often characterized by major human rights abuses, yet responsibility and accountability for such violations have attracted relatively limited attention in research and practice. Instead, these events and survivors’ suffering are often dismissed as “acts of God” or tragic misfortunes. Through analysis of an under-examined disaster—the 2017 mudslide in Freetown, Sierra Leone—this article probes survivors’ perspectives on responsibility for disasters, and suffering and violations accompanying them. While survivors in this case often attribute responsibility to God or other supernatural forces, they also understand the state and other earthly actors as sharing different forms and degrees of responsibility for the disaster and its harmful consequences. Indeed, seeing the mudslide as an “act of God” does not absolve the state from its obligation to protect citizens from harms associated with disasters and subsequent response efforts. Survivors’ perspectives provide significant insight into the challenge of advancing accountability in disaster contexts.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"1 - 17"},"PeriodicalIF":1.9,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41337381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-08DOI: 10.1080/14754835.2021.1947208
Kyle Rapp
Abstract Who bears responsibility when social media platforms are used to incite genocide? Although courts and scholarship have recognized the role of mass media in past mass atrocities, social media poses a unique challenge. Its transnational nature, with companies and infrastructure often located in different jurisdictions from where the crimes are committed, makes determining responsibility challenging. This article argues that the prohibition of genocide obligates home states—those in which companies are headquartered—to act in such cases. In particular, home states may be obligated to restrict social media access in the state in question and are permitted to do so under the laws of state responsibility. Finally, the article discusses how possible domestic or international arrangements may be used to realize these obligations and the relative merits of each. A discussion of Myanmar demonstrates how these domestic and international options may function and emphasizes the urgency of the question.
{"title":"Social media and genocide: The case for home state responsibility","authors":"Kyle Rapp","doi":"10.1080/14754835.2021.1947208","DOIUrl":"https://doi.org/10.1080/14754835.2021.1947208","url":null,"abstract":"Abstract Who bears responsibility when social media platforms are used to incite genocide? Although courts and scholarship have recognized the role of mass media in past mass atrocities, social media poses a unique challenge. Its transnational nature, with companies and infrastructure often located in different jurisdictions from where the crimes are committed, makes determining responsibility challenging. This article argues that the prohibition of genocide obligates home states—those in which companies are headquartered—to act in such cases. In particular, home states may be obligated to restrict social media access in the state in question and are permitted to do so under the laws of state responsibility. Finally, the article discusses how possible domestic or international arrangements may be used to realize these obligations and the relative merits of each. A discussion of Myanmar demonstrates how these domestic and international options may function and emphasizes the urgency of the question.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"486 - 502"},"PeriodicalIF":1.9,"publicationDate":"2021-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44520411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-08DOI: 10.1080/14754835.2021.1940889
Olga Avdeyeva, Molly M. Melin
Abstract Since 1975, almost every country in the world has formed a bureaucracy on gender equality. By 2018, more than 160 states had established offices for women’s advancement either at low (office within a ministry) or high (e.g., ministry) levels of government. Such institutional proliferation is puzzling because many of these offices are in states where women have low social, economic, and political status. Using cross-national data on developing states from 1971 to 2012, we examine major theoretical explanations of institutional diffusion and international incentives. Our results confirm existing research on socialization and norm diffusion. Our analysis demonstrates that international influences work in conjunction with domestic supportive structures to provide the most powerful explanation of when developing states adopt women’s bureaucracies for the advancement of women. Our findings have important implications for understanding international pressures and the role of donor intent in the process of global advancement of women’s rights.
{"title":"International socialization, international politics, and the spread of state bureaucracies for women’s advancement","authors":"Olga Avdeyeva, Molly M. Melin","doi":"10.1080/14754835.2021.1940889","DOIUrl":"https://doi.org/10.1080/14754835.2021.1940889","url":null,"abstract":"Abstract Since 1975, almost every country in the world has formed a bureaucracy on gender equality. By 2018, more than 160 states had established offices for women’s advancement either at low (office within a ministry) or high (e.g., ministry) levels of government. Such institutional proliferation is puzzling because many of these offices are in states where women have low social, economic, and political status. Using cross-national data on developing states from 1971 to 2012, we examine major theoretical explanations of institutional diffusion and international incentives. Our results confirm existing research on socialization and norm diffusion. Our analysis demonstrates that international influences work in conjunction with domestic supportive structures to provide the most powerful explanation of when developing states adopt women’s bureaucracies for the advancement of women. Our findings have important implications for understanding international pressures and the role of donor intent in the process of global advancement of women’s rights.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"396 - 413"},"PeriodicalIF":1.9,"publicationDate":"2021-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41593720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-08DOI: 10.1080/14754835.2021.1938979
Nick Dietrich
Abstract How do international audiences decide whether to support action against human rights abusers? Foreign governments often respond to human rights abuses with naming and shaming, economic sanctions, or military action. Individuals make decisions about whether to support these actions with varying levels of information: Allegations might be sparse on details because of insufficient resources for reporting or because perpetrators conceal their behavior. Using a survey experiment that randomly varies the precision of details in human rights allegations, I found that respondents are highly supportive of action against human rights abusers regardless of the level of detail in reporting. Audiences especially support naming and shaming and imposing economic sanctions; they are more skeptical about intervening militarily. I found no evidence that precise fatality estimates, precise geographic location, or prompt reporting make respondents more willing to support these actions. Obfuscating details of human rights violations is not enough for perpetrators to escape international support for accountability.
{"title":"Explaining support for international action against human rights abusers","authors":"Nick Dietrich","doi":"10.1080/14754835.2021.1938979","DOIUrl":"https://doi.org/10.1080/14754835.2021.1938979","url":null,"abstract":"Abstract How do international audiences decide whether to support action against human rights abusers? Foreign governments often respond to human rights abuses with naming and shaming, economic sanctions, or military action. Individuals make decisions about whether to support these actions with varying levels of information: Allegations might be sparse on details because of insufficient resources for reporting or because perpetrators conceal their behavior. Using a survey experiment that randomly varies the precision of details in human rights allegations, I found that respondents are highly supportive of action against human rights abusers regardless of the level of detail in reporting. Audiences especially support naming and shaming and imposing economic sanctions; they are more skeptical about intervening militarily. I found no evidence that precise fatality estimates, precise geographic location, or prompt reporting make respondents more willing to support these actions. Obfuscating details of human rights violations is not enough for perpetrators to escape international support for accountability.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"414 - 430"},"PeriodicalIF":1.9,"publicationDate":"2021-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47696124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-01DOI: 10.22096/HR.2021.526306.1302
Samaneh Rahmatifar
This research is focused on legal ways of elimination of domestic violence against women; Ways which are practical and applicable in the legal system of Iran without conflicting with cultural and social circumstances. It takes place in the family privacy and perpetrator is a family member which is in intimate relationship with victim. Therefore most of anti-crime monitoring bodies (such as police), sanctions (such as imprisonment and diya), and traditional legal evidence (such as witness and document) became useless and inapplicable. Methodology of present study is descriptive-analytical; in this way foreign Acts are described by substantive classification. This approach emphasizes on the Acts of the Islamic countries. By the comparative study gaps of the legal system of Iran are analogized and solutions to fill them are suggested. Results prove that domestic violence against women is a matter of public sphere and fighting against it requires political intention and legal creativity. There are many ways to support women in domestic violence cases, such as allocation enough budget, participation of civil society organizations, recognition and criminalization all kind of domestic violence, immediate reaction to reports, ratification supportive creative orders, compensation all damages to the women and put the burden of proof on the accused.
{"title":"Legal Protection of Women from Domestic Violence","authors":"Samaneh Rahmatifar","doi":"10.22096/HR.2021.526306.1302","DOIUrl":"https://doi.org/10.22096/HR.2021.526306.1302","url":null,"abstract":"This research is focused on legal ways of elimination of domestic violence against women; Ways which are practical and applicable in the legal system of Iran without conflicting with cultural and social circumstances. It takes place in the family privacy and perpetrator is a family member which is in intimate relationship with victim. Therefore most of anti-crime monitoring bodies (such as police), sanctions (such as imprisonment and diya), and traditional legal evidence (such as witness and document) became useless and inapplicable. Methodology of present study is descriptive-analytical; in this way foreign Acts are described by substantive classification. This approach emphasizes on the Acts of the Islamic countries. By the comparative study gaps of the legal system of Iran are analogized and solutions to fill them are suggested. Results prove that domestic violence against women is a matter of public sphere and fighting against it requires political intention and legal creativity. There are many ways to support women in domestic violence cases, such as allocation enough budget, participation of civil society organizations, recognition and criminalization all kind of domestic violence, immediate reaction to reports, ratification supportive creative orders, compensation all damages to the women and put the burden of proof on the accused.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":" ","pages":""},"PeriodicalIF":1.9,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48174502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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