Taking Violence against Women Seriously: International and Domestic Human Rights Jurisprudence

Abstract

In view of the emergence of the principle of state responsibility, states are required to take gender-based violence directed against women by private state parties seriously. This chapter discusses and examines the issues relating to violence against women from a human rights perspective. The backdrop hereby would be that of the evolution and recognition of women's rights as human rights within and outside the United Nations and the principles and norms enshrined in international human rights instruments. The increasing understanding of violence against women as a human rights issue has also made deep impact on the laws and policies of the Indian State. The chapter therefore, focuses on the legal response to domestic violence, sexual harassment and rape in India and highlights the inspirational role, played by international legal standards in the enactment of the recent gender violence related legislations and their abiding influence on the domestic human rights jurisprudence. Keywords:domestic human rights jurisprudence; domestic violence; gender-based violence; international human rights instruments; international legal standards; sexual harassment; state responsibility; women's rights