Victims of ‘private’ crimes and application of human rights in interpersonal relations

International human rights law has been challenged because of its alleged inability to safeguard the rights of the most vulnerable victims of violence. Whereas in real life they are often marginalized and effectively left without adequate protection, this is not to be attributed to the absence of...

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Main Author: Reiter Axelle
Format: Article
Language:English
Published: Victimology Society of Serbia and Prometej-Beograd 2013-01-01
Series:Temida
Subjects:
Online Access:http://www.doiserbia.nb.rs/img/doi/1450-6637/2013/1450-66371301055R.pdf
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author Reiter Axelle
author_facet Reiter Axelle
author_sort Reiter Axelle
collection DOAJ
description International human rights law has been challenged because of its alleged inability to safeguard the rights of the most vulnerable victims of violence. Whereas in real life they are often marginalized and effectively left without adequate protection, this is not to be attributed to the absence of an appropriate normative framework but rather to the contempt, lack of enforcement and systemic neglect of their claims. This paper proposes to find a ‘cure’ inside international human rights law, by strengthening the mechanisms that permit a horizontal application of human rights standards in private relations. The paper is divided in four sections. The first section describes the problematic at hand, focusing in particular on violence against women and children. The three subsequent sections then analyze the avenues open to victims in order to claim a ‘third-party’ application of human rights treaties against non-state actors who have violated their fundamental rights.
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spelling doaj.art-108bd142a4d44ef1a02394835a7db1012022-12-22T01:02:36ZengVictimology Society of Serbia and Prometej-BeogradTemida1450-66372013-01-01161557010.2298/TEM1301055RVictims of ‘private’ crimes and application of human rights in interpersonal relationsReiter AxelleInternational human rights law has been challenged because of its alleged inability to safeguard the rights of the most vulnerable victims of violence. Whereas in real life they are often marginalized and effectively left without adequate protection, this is not to be attributed to the absence of an appropriate normative framework but rather to the contempt, lack of enforcement and systemic neglect of their claims. This paper proposes to find a ‘cure’ inside international human rights law, by strengthening the mechanisms that permit a horizontal application of human rights standards in private relations. The paper is divided in four sections. The first section describes the problematic at hand, focusing in particular on violence against women and children. The three subsequent sections then analyze the avenues open to victims in order to claim a ‘third-party’ application of human rights treaties against non-state actors who have violated their fundamental rights.http://www.doiserbia.nb.rs/img/doi/1450-6637/2013/1450-66371301055R.pdfprivate crimeshuman rightsthird-party applicationredress
spellingShingle Reiter Axelle
Victims of ‘private’ crimes and application of human rights in interpersonal relations
Temida
private crimes
human rights
third-party application
redress
title Victims of ‘private’ crimes and application of human rights in interpersonal relations
title_full Victims of ‘private’ crimes and application of human rights in interpersonal relations
title_fullStr Victims of ‘private’ crimes and application of human rights in interpersonal relations
title_full_unstemmed Victims of ‘private’ crimes and application of human rights in interpersonal relations
title_short Victims of ‘private’ crimes and application of human rights in interpersonal relations
title_sort victims of private crimes and application of human rights in interpersonal relations
topic private crimes
human rights
third-party application
redress
url http://www.doiserbia.nb.rs/img/doi/1450-6637/2013/1450-66371301055R.pdf
work_keys_str_mv AT reiteraxelle victimsofprivatecrimesandapplicationofhumanrightsininterpersonalrelations