Gender-based violence and the limits of international human rights law

“International Human Rights Law” is particularly deficient in addressing gender-based violence (GBV). While there are international legal standards such as the ”Convention on the Elimination of All Forms of Discrimination Against Women” and the “Declaration on the Elimination of Violence Against Women”, GBV remains a widespread and structural problem. State sovereignty, weak enforcement mechanisms, cultural relativism and legal gaps are some of the challenges the paper draws attention to, explaining how they hinder international legal instruments from offering appropriate protection and justice to survivors. A key limitation of international human rights law (IHRL), which renders it unenforceable or binding, is that states are able to avoid accountability. Through patriarchal and culturally restrictive lenses, many countries also still interpret the laws around gender-based violence in ways that don’t criminalize acts such as domestic violence or even marital rape. Additionally, most legal frameworks fail to incorporate intersectional perspectives and negatively affect vulnerable groups such as LGBTQ+ individuals, indigenous women and refugees. This paper contends that these gaps must be addressed through strengthened international monitoring, survivor-centered legal reforms and intersectional approaches to justice. Effective grassroots advocacy, international cooperation, and national legal obligations are required to translate legal structures into tangible action. This way, the research showcases the essential role of establishing global enforcement mechanisms and innovative policies to adequately counterbalance GBV and guarantee human rights for every person.

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Journal
International Journal of Humanities and Education Research
Published
2025-01-01
DOI
https://doi.org/10.33545/26649799.2025.v7.i1c.158
Primary Topic
Human Rights and Development
Type
article
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article

Gender-based violence and the limits of international human rights law

Prachi Upadhyaya
International Journal of Humanities and Education Research
Human Rights and Development
article

Gender-based violence and the limits of international human rights law

Prachi Upadhyaya
article en

Abstract

“International Human Rights Law” is particularly deficient in addressing gender-based violence (GBV). While there are international legal standards such as the ”Convention on the Elimination of All Forms of Discrimination Against Women” and the “Declaration on the Elimination of Violence Against Women”, GBV remains a widespread and structural problem. State sovereignty, weak enforcement mechanisms, cultural relativism and legal gaps are some of the challenges the paper draws attention to, explaining how they hinder international legal instruments from offering appropriate protection and justice to survivors. A key limitation of international human rights law (IHRL), which renders it unenforceable or binding, is that states are able to avoid accountability. Through patriarchal and culturally restrictive lenses, many countries also still interpret the laws around gender-based violence in ways that don’t criminalize acts such as domestic violence or even marital rape. Additionally, most legal frameworks fail to incorporate intersectional perspectives and negatively affect vulnerable groups such as LGBTQ+ individuals, indigenous women and refugees. This paper contends that these gaps must be addressed through strengthened international monitoring, survivor-centered legal reforms and intersectional approaches to justice. Effective grassroots advocacy, international cooperation, and national legal obligations are required to translate legal structures into tangible action. This way, the research showcases the essential role of establishing global enforcement mechanisms and innovative policies to adequately counterbalance GBV and guarantee human rights for every person.

International Journal of Humanities and Education ResearchVol. 7(1)
Amity University (IN), Amity University (AE)
Gender equality
Openalex Percentile: Top 92%
Human Rights and Development
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Gender-based violence and the limits of international human rights law — Prachi Upadhyaya · International Journal of Humanities and Education Research (2025) | TGRS Research Map | TGRS