Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

The anamnesis, which in medical terms mainly consists in case history, provides a legal analysis of around 70 decisions taken by domestic and regional human rights courts, and UN treaty bodies, relevant for the two dimensions at the core of the book, the horizontal, ‘interpersonal’ dimension and the vertical, ‘state policies’ dimension. The first dimension includes cases on domestic violence, rape in peacetime and female genital mutilation. The second dimension explores cases on abortion, involuntary sterilisation, maternal health and emergency contraception. The chapter examines the decisions following three axes/questions: Who are the applicants? In which ways was women’s health relevant in the decision? What reparations, if any, were granted? The book does not aim to elaborate a database of jurisprudence but to reflect on legal issues arising from selected decisions to elaborate the concept of violence against women’s health in chapter 2.

in Violence against women’s health in international law
Open Access (free)
The prognosis
Sara De Vido

The prognosis is the final step in Hippocratic medicine. This chapter includes some final comments on the main findings of the analysis. First, it discusses what the book has achieved and encourages the reader to view the two dimensions as intersecting, and to transfer findings in the horizontal dimension to the vertical one and vice versa. In a second part, the chapter puts the main argument of the book to the test once more, asking whether, in the end, despite all the efforts, international law itself is not the ultimate cause of violence against women’s health. The conclusions answer the question whether the law can be both the cause of and the cure for the disease.

in Violence against women’s health in international law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

This chapter conceptualises the innovative idea of violence against women’s health (VAWH). Like the concept of violence against women, violence against women’s health is not an autonomous idea in criminal law, but an ‘umbrella’ definition grasping two dimensions of violence, each characterised by specific, gender-based crimes or practices. The chapter first ‘constructs’ VAWH as a form of discrimination against women, of gender-based violence, a violation of the rights to health and to reproductive health, and as a concept that does not require the element of intent for its definition. In particular, it stresses the existence and the pervasiveness of patterns of discrimination (often intersectional discrimination) in the perpetration of VAWH. The chapter then distinguishes this idea from the traditional one of violence against women and enriches it to encompass limitation of women’s autonomy, construed using a human rights-based approach. In dealing with autonomy and consent, the chapter extends its reasoning to another practice, genital cosmetic surgery, which it compares to female genital mutilation.

in Violence against women’s health in international law
Open Access (free)
The narrative
Sara De Vido

The introduction provides the background of the research, the main argument and the methodology used throughout the book. It deconstructs the notion of violence against women as consolidated at the international level in order to grasp its main elements and explains why the choice of the rights to health and reproductive health is pivotal for the analysis. It then captures the relationship between violence against women on one hand, and the rights to health and reproductive health on the other, which constitutes the starting point of chapter 1. It argues that violation of the right to health is a consequence of violence, just as (state) health policies might be a cause of – or create the conditions for – violence against women. The chapter also illustrates the reason underlying the choice of the Hippocratic paradigm as backbone of the work and provides the structure of the following chapters.

in Violence against women’s health in international law
Open Access (free)
Reconceptualising states’ obligations in countering VAWH
Sara De Vido

This chapter aims to answer the question which obligations states must abide by with regard to VAWH? After analysing possible ways to pigeonhole states’ obligations, the chapter conducts legal analysis of obligations of result, due diligence obligations and obligations to progressively take steps. The strength of the chapter lies in the fact that both the horizontal and the vertical dimensions, as conceived in this book, can be unified while reconceptualising states’ obligations. Skirting temptation to argue that in the horizontal dimension positive obligations prevail, whereas negative obligations – plus some obligations of result – are present in the vertical dimension, the chapter provides examples of how, in all cases, states bear obligations of all three types that ‘specialise’ along the lines of the two dimensions explored. The starting point of the chapter is the law of state responsibility; it challenges the traditional categories of international law from a feminist law perspective.

in Violence against women’s health in international law
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Open Access (free)
Graeme Kirkpatrick

The notion of a more humanised technology and a superior nature–society mediation turns on what Feenberg calls the aesthetic critique of technology design. Unifying the disparate interventions that constitute technical politics is a concern to create technology that is less violent and more pleasurable to use. Here Feenberg’s theory has paralleled interesting developments in the scholarly disciplines concerned with technology design, especially interface design for digital artefacts. He argues that while industrial modernity neglected the aesthetic dimension of technology, prioritising a narrowly construed efficiency over other values, this is a historical aberration. The question arises, then, of what kind of aesthetic ought to be embraced by advocates of democratic design culture. The chapter endorses Feenberg’s vision of re-aestheticisation but disagrees with his preference for naturalistic modernism as the source for a reinvigorated technological aesthetic.

in Technical politics
Open Access (free)
Utopia
Graeme Kirkpatrick

The conclusion summarises the argument of the book: Feenberg’s intervention is an important advance for the way that Marxism and critical theory handle the question of technology, especially in its relation to progressive social change. His attachment to the idea of critique inhibits his capacity to fully capitalise on his conceptual innovations.

in Technical politics
Graeme Kirkpatrick

This chapter describes the issue that motivates Feenberg’s theory, and the problematic to which it is a response. This is based in Marx, whose reflections on technology are paradoxical: on one side technology sets humanity free and creates the conditions for a socialism based on great wealth; on the other, technology is shaped by social interests, and under capitalism this results in machines designed to oppress their users. Feenberg’s theory of ambivalence is presented as the first step towards a resolution that preserves the progressive orientation of the theory while enabling it to engage with the complex realities of technology design and use in twenty-first-century societies.

in Technical politics
Open Access (free)
Graeme Kirkpatrick

The final chapter looks more closely at Feenberg’s ‘instrumentalisation theory’, in which he defines technology in terms of two moments: a primary instrumentalisation that forces objects out of their natural settings to foreground their useful properties, and a secondary one that uses symbolisation processes to facilitate their cultural incorporation, making it possible for them to be used. The interaction of these two dimensions varies between historical civilisations, so that capitalist industrialism, for example, narrows secondary instrumentalisation around the singular value of efficiency, while other cultures decorate their tools and associate them with social functions that may be associated with individual identities and more or less esteemed. Feenberg presents this distinction as a framework for envisaging how technology might be transformed in the future; to set out what we might think of as the ‘historical essence’ of technology. Drawing on the argument of previous chapters, the chapter concludes by suggesting that, while he takes a significant step towards accommodating utopian projection within Marxian theory of technology, Feenberg could be more ambitious in thinking through some of the ramifications of the alternative ‘concretisations’ implied by this theory. The idea of technologically authorised socialism is advanced as a way to start addressing this.

in Technical politics