1Associate Professor, Law, NREC College, Khurja
Online Published on 19 April, 2022.
The protection of human rights law has been the most accessible and generous area of international law for women as it recognizes women's interest globally. The basic principle behind this is that all men are born and remain free and equal in their rights. To implementation, this goal, The Universal Declaration of Human Rights, 1948 was adopted. It articulates principles that prohibit violence. In 1986, United Nations Economic and Social Council recognized that violence in the family was a ‘grave violation of the rights of women.’ The UN Special Rapporteur on Torture stated that there is always a translational component to the offense. The law addresses itself to states, requiring them to act mainly on the jurisdictional plane, to prevent or repress the type of offense and considered violence by private actors under his mandate. This gender-based violence whether universal or particular, as an assault on the body or mind and the dignity of the person, constitutes torture and can be understood as a violation of international human rights. Part first of this research will sketch the nature of domestic violence as well as torture under International law with an assessment of several documents, declaring different kinds of acts violative of woman's rights. Besides this, it will present an analogy between torture and domestic violence with a precise argument why domestic violence is amount to torture. Finally, the research analyses some interrelated factors that include the state's responsibility to combat domestic violence.
Human rights, Domestic Violence, Torture