The anamnesis (original) (raw)
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Violence against women’s health in international law
Violence against women’s health in international law
Originally associated with the Melland Schill Lectures at the Manchester International Law centre, this prestigious series brings together the very best scholarship, carefully curated by leading experts. Each volume tackles major issues and current developments in the field, and the series has moved beyond its earlier iterations to become a home for exceptional academic work from around the world. Many of the works previously published under the name 'Melland Schill monographs', have become standard references in the field, such as General AVP Rogers' exposition of law on the battlefield; Anthony Carty on the decay of international law; Professors Hilary Charlesworth and Christine Chinkin on feminism and international law; Professors Vaughan Lowe and Robin Churchill on the law of the sea; Nigel White on the law of international organisations; and Professor L.C. Green on the law of armed conflict. Under the stewardship of new editors and published in a variety of digital editions as well as in print, this venerable series has been given renewed vigour. v Contents Acknowledgements page vii Abbreviations ix Introduction: the narrative Premise and main argument: elaborating the new notion of violence against women's health Background Violence against women: the knowledge so far The reasons underlying the choice of the right to health and the right to reproductive health Why human rights and why women's rights? Perspective: the Hippocratic medical paradigm Structure of the book 1 The anamnesis: 'case history' on violence against women, and against women's rights to health and to reproductive health The anamnesis, a two-dimensional approach The horizontal, 'interpersonal' dimension The vertical, 'state policies' dimension Conclusions: paving the way for the diagnosis 2 The diagnosis: a conceptualisation of violence against women's health (VAWH) Unravelling the notion of violence against women's health Consent and autonomy in the concept of VAWH Access to contraception Conclusions 3 The treatment: reconceptualising states' obligations in countering VAWH Starting from the beginning: the nature of state obligations
Conflict and Complementarity: Medicalization, Criminalization, and the Question of Human Agency
Deviant Behavior, 2020
The social processes of criminalization and medicalization share important similarities, often complementing each other. Beginning from an analysis of their differences with regard to human agency, this essay provides a preliminary conversation for understanding the historical and contemporary relationship between criminalization and medicalization in Western society. This analysis encompasses three major aims: (1) we establish the difference between criminalization and medicalization with respect to the question of human agency; (2) we examine key legal concepts that elucidate how medicalized approaches to the question of agency influence the direction of criminal adjudication; and (3) we illustrate the ways in which criminalization encounters significant challenges to its institutional practices and thereby appropriates medicalized forms of social control. We conclude by positing that criminalization and medicalization operate as a social control matrix. As the analysis of the relationship between medicalization and criminalization is necessary at the discursive and institutional levels, we utilize multiple theoretical concepts, drawing from the work of
Towards a Biopolitics of the Victimized Body
This article discusses the creation of assault as a crime against health and life as this discursive process is expressed through Swedish laws, legislative discussions, and legal practice from 1945 to 1965. Inspired by Michel Foucault's theoretical reflections on biopolitics and sociologist Thomas Lemke's outline to a analytics of biopolitics, the article argues that a most central component in the genealogy of assault as a crime against health and life was a shift in the first postwar decades, from a predominant legal idealistic paradigm within Swedish jurisprudence, by which assault was defined as a crime against bodily integrity, to a legal realistic epistemology, imbued with the scientific knowledge and empirical 'truth'-producing practices of modern medicine. As an effect, new discourses around the victimized body emerged, through which prevailing knowledges and 'truths' around violent crime and its effects were challenged and marginalized. In this discursive process, the 19th-century legal-moral category of violent crimes finally collapsed into the overarching legal category prescribed by Brottsbalken (1965) as 'crimes against health and life'. Consequently, the victimized body was deprived of all meaning but 'life' and thus created as a biopolitical space, available to series of life-governing interventions and regulatory practices.
Revue Internationale de Droit Pénal, 2024
This paper evaluates the potential of criminal law as a remedy to address gynaecological and obstetric violence (GOV). Despite its prevalence, GOV remains underreported due to societal stigma and insufficient legal recognition at both international and regional levels. The paper begins by addressing the absence of a universally accepted legal definition of GOV, framing it as a violation of women’s human rights. It then explores the efficacy of criminal law in addressing the multifaceted nature of GOV, which encompasses physical, mental, and emotional abuses. Drawing on the experiences of Venezuela and France, the paper highlights the divergent legal approaches to defining and criminalizing GOV. Venezuelan legislation provides a detailed definition focusing on the dehumanizing treatment and loss of autonomy experienced by women, whereas the recent French proposal broadens the scope to include sexist offences within obstetric and gynaecological care. The paper argues for the preference of the broader concept of GOV over obstetric violence (OV) to encompass abuses occurring in various reproductive health contexts. Furthermore, it examines international and regional human rights frameworks, including the jurisprudence of the CEDAW Committee and the Inter-American and European Courts of Human Rights, identifying GOV as a form of gender-based violence and potential inhuman or degrading treatment. The discussion then focuses on the shortcomings of tort and disciplinary law in addressing GOV, advocating for criminal law as a more effective deterrent and means of societal education. Ultimately, the paper calls for a nuanced approach, combining legal reform with educational initiatives to eradicate the cultural norms perpetuating GOV.
International journal of health services : planning, administration, evaluation, 2018
This article examines the concept of "structural violence." Originating in the work of Johan Galtung in 1969 and popularized by Paul Farmer, structural violence is increasingly invoked in health literature. It is a complex concept - rich in its explanatory potential but vague in its operational definition and arguably limited in its theoretical precision. Its potential lies in the focus it gives to the deep structural roots of health inequities; in contrast to the more passive term "social determinants of health," structural violence explicitly identifies social, economic, and political systems as the causes of the causes of poor health. It is also evocative in its framing of health inequities as an act of violence. Yet the formulation of structure used in this literature is largely atheoretical and, by extension, apolitical. Development of the concept hinges on clarifying the precise aspects of structure it points to (perhaps through using the concept in conjunc...
Contemporary medicine generates many ethical and bioethical problems and dilemmas that are of great interest to professional scholars and to the public. The relationship between the physician and the patient is often destroyed by practicing defensive medicine. Human rights in such a practice seem to be forgotten or are freely interpreted. One can observe many differences in the perception and interpretation of human rights by the physician. There are many reasons for this discrepancy. While analyzing the most important human rights, the authors want to demonstrate that despite many changes that have occurred in recent decades, the idea of human rights is essential to human dignity, the sacredness of life and personal inviolability. For these reasons, we believe that the nature of human rights requires its re-examination. The analysis of the subject carried out by experts in fields of legal and philosophical sciences is based on the common foundation, which is an individual, and his life points to many critical issues that need to be thoroughly evaluated, as long as the subject is approached holistically. The most important are: human dignity, the sacredness of life, and its inviolability.