Women in International Law Network

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Gender-Based Violence and Feminicide – An Interview with Sara de Vido

WILNET is delighted to post the translation of an interview made with one of our co-founders, Sara De Vido, assistant professor of international law at the University of Venice. She was asked to talk about gender-based violence and feminicide in Italy and abroad. Sara De Vido wrote in 2016 a book on violence against women and was appointed as international expert by the Council of Europe for a conference on the Istanbul Convention last June in Pristina, Kosovo.  Women, Violence and International law: The CoE Istanbul Convention of 2011 (Mimesis, 2016, 290 pp.) is an analysis under international law of the recent legal instrument, entered into force in 2014, on preventing and combating violence against women and domestic violence adopted within the Council of Europe legal system. It highlights points of strength and weakness of the Convention, and encourages its ratification by the European Union and by countries which are non-member States of the Council of Europe. The research, which is a feminist international law analysis, explores other fields of law, such EU law and the domestic law of some countries. It also deals with issues which are at the border of more than one discipline – law and social sciences – such as the notions of equality, non-discrimination (and their translation into Italian) under international law.

Can you give us data to better grasp gender-based violence?
We should not ignore violence against other genders; that is why defining gender-based violence is crucial and not limited to violence against women. However a recently published survey by the Italian Ministry of Justice on 2012-2016 data shows that in 88,5% of all cases the offender is a man and the victim a woman. More than 85% cases out of 400 women’s homicide rulings were femicides. Violence against women knows no cultural or geographical limitations: it feeds on female stereotypes; it is ‘structural’ as the international instruments indicate; and to eradicate it we need measures against violence which guarantee reparations for the victims and that would change the stereotypical vision of women’s role in society. It is no coincidence that some episodes of violence are ignored or, even worse, justified by the victim’s and the perpetrator’s communities, which often involves invoking the ‘inappropriate’ behaviour of the victim.

Could you tell us about Italy’s position from a legal point of view?
Italy has been one of the first countries to ratify the Istanbul Convention of the Council of Europe on preventing and fighting violence against women and domestic violence in 2011. Before the entry into force of this international legal instrument on August 1st 2014, Italy adopted law n. 119 – known as the law against femicide – on October 15th 2013. In spite of the important changes introduced by this legislation – such as the obligation to inform the victim of the pending case against the perpetrator, the introduction of an assisted violence felony, and of special circumstances in cases of violence against pregnant women – the number of femicides has not been decreasing and resource-deprived support centres struggle to provide basic care to the victims.

In March 2017 the European Court of Human Rights found that Italy violated articles 2, 3 and 14 of the European Convention on Human Rights in the Talpis case, a domestic violence case culminating in 2013 when Andrei Talpis – previously reported as dangerous to law enforcement by his wife – hit his 19 years old son to death as he interposed between his father and mother during yet another act of violence. The Court highlighted how a state – especially those abiding the Istanbul Convention such as Italy – has a particular duty in preventing violence, and that procedures must take into account the “peculiarity” of domestic violence. The Court, which was requested to verify violations of the European Convention on Human Rights, referred to specific articles of the Istanbul Convention which require the states to adopt legal measures to enable investigations and legal proceedings in relation to all kinds of violence, and to guarantee that competent authorities respond to them promptly and appropriately to offer adequate and immediate protection to the victims. The reference to the Istanbul Convention can be understood as a means to interpret the dispositions of the European Convention on Human Rights on gender issues.

Recently, in the State Report on Italy published on July 24th this year, the UN Committee on the Elimination of Discrimination against Women (CEDAW) identified positive elements in the new Italian legislation, but made a number of recommendations. It called upon authorities to re-evaluate their response to charges for assault, think about compulsory training for judges, prosecutors and police officers to ensure gender-sensitive procedures, encourage victims to submit complaints to the police, and reinforce protection and assistance to female victims of violence including through shelters, which must receive human, technical and financial resources required to respond to violence cases.

The Istanbul Convention defines rape as “non-consensual acts of a sexual nature”, and understands consent as “given willingly as a free manifestation of someone’s will evaluated according to the situation and the context”. In contemporary law, rape is characterized by the absence of consent; the lack of consent is its key feature and characterizes it as an act of violence. In Italy it is only with Law n. 66 (February 15th 1996) that sexual violence was considered as an offense against the person – art. 609 bis of the penal code. Until 1996 rape was punished not as an offense against the victim but as a behaviour against public morals and decency. The precondition of the offense in the Italian law is forced sexual intercourse through threats, violence or abuse of authority, and not only without consent as defined by the Istanbul Convention. On consent, the Court of Cassation expressed its position several times, considering for instance that consent “must last throughout the intercourse […] the continuation of intercourse in case initial consensus is followed by a change of heart or the non-endorsement of forms or modality of intercourse are considered offenses of sexual assault” (ruling 4532, January 29th 2008). A reform of the Italian penal code could make lack of consent the only characteristic of rape and sexual assault. In a recent case that occurred in Florence, the facts of which are still being looked into by the authorities, the two persons accused of sexual assault against two American students are organs of the State. In a previous sexual assault case involving soldiers before the Inter-American Court of Human Rights, rape perpetrated by State actors was defined as “institutional violence” that violated the State’s responsibility under the prohibition against torture (Rosendo Cantù Mexico D.F., August 31st 2010). It would be a form of abuse “particularly serious and repulsive – stated another regional court, the European Court of Human Rights – considering how easy it would be for an official to take advantage of the victim’s vulnerability and weakened resistance” (Aydin c. Turkey, September 25th 1997).

Sadly assault cases against women repeat themselves and are all over the news. How do you think these events are tackled by news organizations?
Considering the impact of mass media on our societies, the Istanbul Convention and the recommendations of CEDAW to Italy encourage the media to adopt self-regulation rules in order to prevent violence against women. In some instances, sexual assault by strangers is portrayed as an exceptional, unpredictable and cruel crime – and it is cruel, but much less exceptional or unpredictable – committed by a psychopath, a monster, especially when the perpetrator does not belong to the community in question as it happened in Rimini. The information is distorted because the focus quickly moves from the violated individual rights of the victim to the interests of the community which feels threatened.

If we look in the home, violence is usually depicted as a crime triggered by jealousy, by the woman’s behaviour, by alcohol or drug abuse. With reference to recent events, the femicide in Udine in which the young Nadia Orlando lost her life by the hand of her fiancé was quite exemplary. The focus was heavily put on the woman’s behaviour with witnesses of cheating as if such details could justify or even explain violence. Was it even relevant? Recently some newspapers published ‘advice’ for women on which ‘behaviour’ to adopt or ‘places to avoid’. Isn’t this just another way to perpetuate gender-based discriminations or depict women as vulnerable individuals?

What about education?
Education has a key role in gender-based violence, as indicated by the Istanbul Convention, as it would allow us to reach the roots of violence. In the recommendations to Italy that I have quoted many times, the CEDAW committee has asked Italy to ensure that all stereotypes on gender are taken out of school books and programmes and that teachers and professors cover questions of gender and the rights of women. At Ca’ Foscari, for years now, many colleagues include points of reflection and research on gender equality, rights of women, and gender perspectives, making an impact on the students who attend the courses, writing articles and directing research centres and books on these themes. Starting this year, I will be part of a team of professors coming from different departments who created the Minor “Gender, genders: inequality and equality in our societies and workplaces”. These are important steps to recognize this daily violence and fight this violence with research instruments.

 

WILNET’s Call to Young Woman International Lawyers

One of WILNET’s main purposes is to give women in the international law forum a voice. To that end, we are launching a new post series where young woman international lawyers and students can talk about their work or research and discuss it with their peers. This will provide a new platform to young women to share their research agenda, raise the main issues they discuss in their study or work and receive comments. This will also allow students who work on similar topics to get in contact and eventually share opinions with each other. The piece does not necessarily have to reflect on the whole of the research or work, but might raise the main problems that the thesis or the research is dealing with, or raise a particularly controversial part of the study which would benefit from comments by WILNET readers.

We call all young woman international lawyers and especially postgraduate women students [masters or PhD], whose subject area is related to international law, to write a piece no longer than 1500 words to be published on our website. We hope that this new series will create a constructive platform for all young woman international lawyers and postgraduate students to showcase their work and provide a forum for lively discussion.

You can send your piece to wilnet@manchester.ac.uk. Please also add a short bio to your email. Do not hesitate to email us if you have any questions. We look forward to receiving your contributions and reading about your research and work!

 

 

WILNET Interviews Youla Haddadin

WILNET is delighted to present an interview with Youla Haddadin, UN Advisor on Human Trafficking. She shared with us how she became a human rights defender and how a very personal story shaped the way she values women’s rights. She also talked about what being a UN advisor entails and gave insights into her daily work at the UN. She gave details about the way the UN approaches human trafficking and why a human rights based approach is preferred rather than a crime-oriented approach. She explained how human trafficking disproportionately affects women and how the UN tries to deal with it.

From a more general perspective, she also shared her views on gender equality and cultural diversity in international organisations. She touched upon discrimination against women at the workplace and what needs to be done in order to eradicate any form of discrimination at the professional level. Her final words were addressed to women who want to pursue a career in international law: “Be passionate and compassionate!”

We hope you enjoy watching the video.

The 2017 Philip C. Jessup International Law Moot Competition: My Experience

by Siran Mahama

WILNET would like to welcome Siran Mahama to the team. Siran is an LLM student at the University of Manchester studying Security and International Law and she is also qualified as a barrister in Ghana. Her special interests in international law are reproductive rights of women and human rights in general. In this post, she shares with us her Jessup experience.

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PluriCourts Workshop: Gender on the International Bench

PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order is organising a Workshop series on the issue of “Identity on the International Bench”. The first Workshop is “Gender on the International Bench” and it will discuss the participation of women judges in adjudicatory processes. The Workshop aims to question the legitimacy of international courts in relation to women’s participation on the bench. You can find the Call for Papers here. The deadline for the submission of the abstracts is 31 July 2017. The Workshop will take place in the Hague on 11 and 12 January 2018.

WILNET Interviews Mary Footer

WILNET had the pleasure to interview Mary Footer from the University of Nottingham. Professor Footer is the co-director of the Nottingham International Law and Security Centre (NILSC) and mainly works in the field of international economic law.

Professor Footer shared with us, among many other topics, her views on the challenges that international economic law is expected to face in the next couple of years and the most far-reaching implications for the future of International Investment Law regime. She also talked about the challenges that women lawyers have to face in the academia especially in the field of international economic law where they are considerably underrepresented compared to men.

We hope you enjoy watching the video:

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Cecelia Goetz: First female Prosecutor at the Nuremberg Trials

by Camille Talbot

After celebrating the seventieth birthday of the Nuremberg Trials last year, it is time to praise the people who have participated in fighting impunity after the Second World War. With this in mind, WILNET honours Cecelia Goetz, the first woman prosecutor at the Nuremberg Trials. Camille Talbot (University College London) highlights the key parts of her life and her contributions to international law practice.

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IntLawGrrls 10th Year Anniversary Conference: “We have come a long way baby!”

by Işıl Aral

IntLawGrrls celebrated its 10th year anniversary on the 3rd of March 2017 with a Conference at the University of Georgia. The Conference opened on the 2nd of March with the screening of Sundance-selected documentary 500 Years directed by Pamela Yates, shedding light on the resistance of Mayan people against the violent and repressive military measures of the Guatemalan government in recent history. The next day, all participants gathered at the Dean Rusk International Law Center at the University of Georgia. With more than 60 presentations, the Conference offered a great range of subject diversity and women took the floor to have their say on almost every subject of international law. This diversity was equally valid for the participants, who had travelled from all around world including from Japan, Australia, Denmark, Kosovo, North and South America.
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