While gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors.
Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia.
By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law.
Introduction Amy Barrow And Joy L. Chia Chapter 1. Gender, Violence And Access To Justice In International Law Christine Chinkin Part I: Gender, Violence And States In Transition Chapter 2. Recognising The Continuum Of Violence Perpetuated Against Women: States In Transition In Asia Rita Shackel Chapter 3. Women In Post-War Sri Lanka: Linking Policy To The Reality Shyamala Gomez Chapter 4. Violence, Women And Conflict In Nepal Amrita Gurung And Lily Thapa Chapter 5. Implementing Security Council Resolution 1325 In Asia: The Role Of National Action Plans On Women, Peace And Security Amy Barrow Part II: Gender, Violence And Access To Justice Chapter 6. Sexual Assault Under Cover Of National Security Laws In India Surabhi Chopra Chapter 7. Public Interest Litigation On Violence Against Women In Bangladesh: Possibilities And Limits Sara Hossain Chapter 8. Dispute Resolution And Access To Justice In Rural China: An Analysis From A Gender Perspective Huang Zhong Chapter 9. Bringing Intersectionality Home: Delivering Contextualised Justice In Gender Based Violence In Hong Kong Puja Kapai Part III Transcending Borders And Boundaries: Negotiating Gender, Identity And Violence Chapter 10. State Violence, Human Rights Violations, And The Case Of Apwint In Myanmar Lynette J. Chua And David Gilbert Chapter 11. Legislating Inequalities: Gender, Sexuality And Violence In China Joy L. Chia Chapter 12. Pathfinders: Supporting Pregnant Domestic Migrant Workers’ Access To Justice In Hong Kong Kay Mcardle Chapter 13. Women Against Women? Rural Women Leaders’ Role In Addressing Gender-Based Violence In China Gao Wei Chapter 14. Law, Inequalities And Diverse Vulnerabilities: Client-Perpetrated Violence Against Female Sex Workers In Hong Kong Susanne Yuk-Ping Choi Conclusion Amy Barrow And Joy L. Chia