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Posts tagged Legal protections
Violence against women’s health in international law

By Sara  De Vido 

Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women's health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women's rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women's health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women's autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal 'inter-personal', and vertical 'state policies'. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States' obligations and eventually asks whether international law itself is the ultimate cause of violence against women's health.

Manchester UK: Manchester University Press, 2020.

Detention and the Right to Liberty: Addressing Gaps in Protection at the European Court of Human Rights

By Sabina Garahan

This book is a ground-breaking study of how the European Court of Human Rights interprets Article 5 of the European Convention on Human Rights – the right to liberty and security. The right to liberty is a fundamental provision that is enshrined not only in the Convention but in all major human rights treaties. Despite this, Article 5 remains both a largely underdeveloped and unexplored area of European human rights law. The work aims to fill this gap by presenting an original framework for the progressive interpretation of the right to liberty. It is argued that the Court has not made use of opportunities to evolve Article 5 standards, resulting in a weakening of protections against arbitrary detention. This book’s original framework for the progressive interpretation of Article 5 identifies and addresses gaps in the protection of vulnerable groups of detainees, including in areas of growing concern across the European human rights space. These include individuals held pre-trial, as children, in immigration detention, following protest, or as a result of their political dissent or human rights activism. The volume outlines the normative justifications for an evolutive approach to Article 5 and elaborates how a dynamic interpretation could be enacted in practice, including by reference to original interview data and insights from European Court of Human Rights judges. This book will serve as a key point of reference for anyone researching or working on detention and the right to liberty across the Council of Europe and beyond.

London; New York: Routledge, 2025. 240p.

Our Civil Liberties

May Contain Markup

By Osmond K. Praenkel

Importance of Civil Liberties: The document emphasizes that civil liberties, such as freedom of speech, assembly, and protection from arbitrary arrests, are fundamental to a free society.

Historical Context: It discusses the origins and development of civil liberties in the United States, particularly through the Bill of Rights and subsequent amendments.

Challenges and Limitations: The text highlights the challenges in fully realizing civil liberties, including during wartime and in the face of discrimination.

Role of the Judiciary: The document underscores the critical role of courts in interpreting and enforcing civil liberties, ensuring that government actions do not infringe on individual rights.

The Viking Press, 1944, 277 pages