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I. How Does International Human Rights Law Address Gendered Violence and Discrimination? I. How Does International Human Rights Law Address Gendered Violence and Discrimination?
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A. Expanding the Understanding of State-Sponsored Violence A. Expanding the Understanding of State-Sponsored Violence
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B. Private Violence as a Human Rights Concern B. Private Violence as a Human Rights Concern
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C. State-Enabled Violence C. State-Enabled Violence
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D. Feminist Theory’s Impact on International Human Rights Law D. Feminist Theory’s Impact on International Human Rights Law
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II. How Are Those Insights and Lessons Relevant to Domestic Law in the United States? II. How Are Those Insights and Lessons Relevant to Domestic Law in the United States?
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A. How State-Sponsored Violence Affects Women in the United States A. How State-Sponsored Violence Affects Women in the United States
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B. How Private Power Leaves Women Vulnerable B. How Private Power Leaves Women Vulnerable
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C. How State Structures Leave Women Vulnerable: Positive Rights/Caregiving and the State C. How State Structures Leave Women Vulnerable: Positive Rights/Caregiving and the State
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D. Thinking About the State D. Thinking About the State
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III. Conclusion III. Conclusion
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Notes Notes
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27 Applying International Feminist Insights to Gendered Violence in the United States
Get accessTracy E. Higgins is Professor of Law and Founding Director of the Leitner Center for International Law and Justice at Fordham Law School. She writes in the areas of feminist theory and international human rights and her scholarship has appeared in journals such as Harvard Law Review, Cornell Law Review, and Yale Journal of Law and Feminism.
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Published:21 September 2022
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Abstract
This chapter explores practical and theoretical insights gained from international human rights work on gender equality and their potential application to persistent problems of gender-motivated violence in the United States. Beyond simply asserting the relevance and application of international human rights instruments to domestic law in the United States, the chapter focuses on various ways that international human rights theorists have conceptualized the role of the state in committing, tolerating, and supporting gendered violence. Because international human rights law necessarily foregrounds the state, it offers feminist theorists working on domestic law new ways to consider both the advantages and the risks of invoking state power as a means of disrupting patriarchy.
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