CEU Electronic Theses and Dissertations, 2024
| Author | Bedi, Raeshma |
|---|---|
| Title | From National to International: Exploring the Impact of Regional and International Legal Systems in Addressing Femi(ni)cide in The United States |
| Summary | The alarmingly high presence of femi(ni)cide in the United States underscores the urgent need for action to address this systemic issue. The absence of acknowledging femi(ni)cide has formed gaps within the U.S. legal system and preventive efforts to effectively eradicate the most extreme form of gender-based violence. Simultaneously, it has led to an environment of tolerance that thrives on patriarchal and misogynistic systems that perpetuate this issue. This study aims to demonstrate how the integration of regional and international human rights law into the U.S. legal system would positively impact the handling of femi(ni)cide cases. Examining how the Inter-American System of Human Rights (IAS) and the United Nations govern femi(ni)cide in States that align with these human rights frameworks highlight the types of reforms that could occur in the U.S. if they followed a similar approach to adhering to human rights standards. Further, it would positively impact the individual and structural access to justice through the adoption of transformative and symbolic reparations. The methodology used throughout this study follows a socio-legal approach by applying regional and international law into the social and cultural context of the U.S. The recommendations positioned to the U.S. include distinguishing between homicide and femi(ni)cide in the U.S. penal code by recognizing femi(ni)cide as a separate legal category and criminalizing it. Further, allocating resources for better data collection systems would assist policymakers identify gaps within measures that focus on prevention, protection, and prosecution of femi(ni)cide. Finally, the U.S. could show their commitment to upholding human rights by ratifying the American Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention of Belém do Pará, and accepting the jurisdiction of the Inter-American Court. |
| Supervisor | Moschel, Mathias |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2024/bedi_raeshma.pdf |
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