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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)
The prognosis
Sara De Vido

.’11 Viewed in this light, my paradigm and my reconceptualisation of states’ obligations will not help reduce VAWH. Furthermore, as Chinkin and Wright argued in 1993 with regard to the right to food – which shares with the right to 238 DE VIDO 9781526124975 PRINT.indd 238 20/04/2020 10:38 The prognosis health its (weak) position among social, economic and cultural rights – there is a gap ‘between legal provisions and realities of life for women,’ and that ‘the primacy accorded to the protection of individual rights does not correspond to the reality of most women

in Violence against women’s health in international law
Richard Parrish

legal orders of the member states and confer on individuals rights which national Courts must protect. Once again, the ECJ referred its answers back to the national court for application. UNECTEF v. Heylens 198720 Although players are the most important feature of the sporting contest, many other individuals are involved in its production. In this connection, sports clubs also employ physiotherapists, coaches, dieticians, psychologists and trainers. Member states impose restrictions on foreign nationals wishing to take up such posts. For example, the individual in

in Sports law and policy in the European Union
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

recent judgment in López Soto, the case law of human rights courts has had a ‘knock-on effect’, upholding individual rights in several articles of the conventions of which they are the guardians, and could pave the way for amendments to those conventions or the addition of new protocols to them.87 This does not mean ‘inventing’ new rights or placing excessive burden on human rights courts, but rather implies conceiving a material right that already exists in other legal instruments, and has been the object of interpretation by courts. The future could bring some light

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

, under which several obligations can be included, from obligations towards an individual who has suffered a specific violation to more general obligations. The distinction between negative and positive obligations seems adamant: the former are conceived as obligations to abstain from interfering in the sphere of rights and individual freedoms, the latter require the state to perform certain actions, to intervene, and they are meant to promote the ‘realisation of individual rights and freedoms.’35 The two types of obligation are not so neat as this; they may overlap

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

Lagomaggiore, decided by the Third Chamber of Mendoza, Argentina, the right to health was considered in terms of the ­practitioner’s duty to ensure women’s health during childbirth. The judges concluded that the obstetrician had been negligent. The core of the judgment was the behaviour of the practitioner, rather than G.’s individual rights. Turning to the Italian case of malpractice during childbirth, with health consequences for the woman, the Cassazione, to which the couple appealed, acknowledged that separate cases had to be considered for the couple, because the impact

in Violence against women’s health in international law