Reproductive Freedom, Torture and International Human Rights Challenging the Masculinisation of Torture Routledge Research in Human Rights Law Series
Auteur : Sifris Ronli
This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women?s reproductive freedom within the framework of the right to be free from torture.
The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.
1. Introduction 2. Overview of the Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 3. Severe Pain or Suffering 4. Intentionally 5. Purpose: Discrimination 6. Public Official 7. Powerlessness 8. Lawful Sanctions 9. Cruel, Inhuman or Degrading Treatment 10. Torture, Inhuman or Degrating Treatment? 11. Conclusion
Ronli Sifris is a lecturer in the Law Faculty at Monash University and is an Associate of the Castan Centre for Human Rights Law.
Date de parution : 12-2013
15.6x23.4 cm
Date de parution : 03-2016
15.6x23.4 cm
Thèmes de Reproductive Freedom, Torture and International Human Rights :
Mots-clés :
involuntary; sterilisation; procedures; cat; committee; doc; manfred; nowak; degrading; treatment; CAT Committee; Involuntary Sterilisation Procedures; Romani Women; Law Review; Involuntary Sterilisation; Doc Cat; Law Journal; Columbia Human Rights Law Review; Eur Court Hr; Herman Burgers; Doc CCPR; Reproductive Freedom; Women’s Reproductive Freedom; Unsafe Abortion; Degrading Treatment; Rhonda Copelon; Nigel Rodley; Intimate Partner Violence; Martinus Nijhoff Publishers; HRC; Post Abortion Syndrome; Severe Physical Pain; CEDAW Committee; Oblique Intention; Exercise Due Diligence