Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 445-461 |
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Sheykh Bahaei J M, Bahraminezhad A, Bahrami Khoshkar M. Domestic violence against women in the light of the international human rights system. MLJ 2021; 15 (56) :445-461
URL: http://ijmedicallaw.ir/article-1-1324-en.html
URL: http://ijmedicallaw.ir/article-1-1324-en.html
1- Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3- Department of Jurisprudence and Private Law, Higher School and Shahid Motahari University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3- Department of Jurisprudence and Private Law, Higher School and Shahid Motahari University, Tehran, Iran
Abstract:
Background and Aim: Violence against women and girls is one of the most egregious examples of gender inequality, often seen as a violation of human rights. This is a global problem, especially in underdeveloped countries, and it has far-reaching negative consequences not only for its direct victims, but also for children, family members and communities; With this in mind, the purpose of this study is to investigate the status of the prohibition of domestic violence against women within the framework of the international human rights system.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Domestic violence against women is significant from two perspectives: one on the right to health and the other on the prohibition of gender discrimination. In essence, committing domestic violence against women violates both the right to health and the prohibition of gender discrimination, which is an example of a fundamental human right.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Domestic violence is directly related to the prohibition of gender discrimination and fundamental human rights in general. Fundamental human rights are described in international human rights as peremptory norms. In other words, governments are obliged to fight against this phenomenon and take the necessary measures to prevent its occurrence, and if they commit it, to prosecute and punish the perpetrators through legal means. With this in mind, if governments fail to meet their legal obligations, there will be severe implications for them in the area of international responsibility.
Cite this article as: Bahraminezhad A, Sheykh Bahaei J, Bahrami Khoshkar M. Domestic violence against women in the light of the international human rights system. Medical Law Journal 2021; 15(56): e27.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Domestic violence against women is significant from two perspectives: one on the right to health and the other on the prohibition of gender discrimination. In essence, committing domestic violence against women violates both the right to health and the prohibition of gender discrimination, which is an example of a fundamental human right.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Domestic violence is directly related to the prohibition of gender discrimination and fundamental human rights in general. Fundamental human rights are described in international human rights as peremptory norms. In other words, governments are obliged to fight against this phenomenon and take the necessary measures to prevent its occurrence, and if they commit it, to prosecute and punish the perpetrators through legal means. With this in mind, if governments fail to meet their legal obligations, there will be severe implications for them in the area of international responsibility.
Cite this article as: Bahraminezhad A, Sheykh Bahaei J, Bahrami Khoshkar M. Domestic violence against women in the light of the international human rights system. Medical Law Journal 2021; 15(56): e27.
Type of Study: Original Article |
Received: 2020/10/28 | Accepted: 2021/01/30
Received: 2020/10/28 | Accepted: 2021/01/30
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