CEU Electronic Theses and Dissertations, 2010
| Author | Aguilar Castañón, Gail |
|---|---|
| Title | VIOLENCE AGAINST WOMEN AND REPARATIONS FROM A GENDER PERSPECTIVE BEFORE INTERNATIONAL COURTS |
| Summary | EXECUTIVE SUMMARY The purpose of the present research is to analyze whether or not human rights mechanisms and international courts award reparations from a gender perspective in cases of grave and systematic violence against women. Another aim is to compare the legal framework and provisions of the reparation’s regime and the scope of the reparations awarded by the CEDAW Committee, the ECtHR, the IACHR, the IACtHR, and the ICC. The research focuses on the concept of victim of the violation and the measures of reparations awarded from a gender perspective. Restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition are analyzed in the light of the Nairobi Declaration, as well as the literature of the subject provided by scholars in books and law journals. An interview with Sir Nigel S. Rodley is included. The research manages to translate transitional justice concepts into International Human Rights Law and provides a methodology to compare to which extent gender-neutral reparations have an impact on women as well as providing a minimum standard of reparations from a gender perspective. It is concluded that, both the Inter-American Commission and Court of Human Rights case-law constitute the best examples of reparation’s regime with a gender perspective in cases of grave or systematic violation of women’s rights. The present thesis balances the limitations of international courts and the victim’s needs and interest, and provides specific measures of reparations from a gender perspective and according to international standards, measures that will benefit women who faced the most egregious violations and did not obtain reparation in domestic law. |
| Supervisor | Judit Sándor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/aguilar_gail.pdf |
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