Domestic Violence, Gender Discrimination, and Human Rights Challenges

Rasool Mogooei

PhD Student in International Relations, University of Isfahan

Gender discrimination refers to any form of unequal treatment, injustice, or restriction based on an individual’s gender, which affects their human rights, opportunities, and access to services, facilities, and even goods. This form of discrimination manifests in various areas, including the workplace, education, politics, and family life. Rooted in cultural beliefs, traditions, and gender stereotypes, gender discrimination constitutes a clear violation of the principles of equality and human rights. Among the many forms of gender discrimination—including violations in education and employment, political participation, and social engagement—one of the most significant and widespread is domestic violence.

Domestic violence encompasses any violent, harmful, or threatening behavior that occurs within familial relationships or between individuals in an intimate or close relationship. It can take multiple forms, including physical, psychological, sexual, or economic violence, and its primary purpose is to exert control over or harm the victim. Domestic violence is a blatant violation of human rights and human dignity. It is one of the most prevalent yet hidden forms of gender-based violence worldwide, disproportionately affecting women and children. Beyond its direct physical and psychological consequences, domestic violence violates fundamental human rights, including the right to life, security, and freedom, and obstructs gender equality within societies. It is important to note that, contrary to common perceptions, domestic violence does not solely affect women and children—men can also be victims in many cases.

Numerous international conventions address gender discrimination and, in certain instances, domestic violence. The most notable among them include:

1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): Adopted in 1979 in New York, CEDAW—often referred to as the “Women’s Bill of Rights”—obligates governments to take measures to prevent and eliminate gender-based violence, including domestic violence. Specific articles addressing domestic violence include Article 11 (equality in employment), Article 12 (right to healthcare), and Article 16 (equal rights in marriage and family life). Article 11 mandates that state parties take appropriate measures to eliminate discrimination against women in employment, ensuring equal rights in selection, hiring, wages, benefits, unemployment, retirement, and insurance. Article 12 obligates states to eliminate discrimination against women in healthcare and ensure equal access to medical services, including family planning. Article 16 requires state parties to take all necessary measures to eliminate discrimination against women in marriage and family matters, ensuring equal rights in choosing a spouse, marriage consent, divorce, and family planning.
2. Istanbul Convention: Formally known as the “Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence,” the Istanbul Convention was adopted in 2011 and entered into force in 2014. It is the most comprehensive international treaty addressing gender-based violence and domestic violence. The convention obligates states to prevent violence, protect victims, prosecute perpetrators, and provide shelters and support services. Article 3 of the convention explicitly recognizes violence against women as a human rights violation and a form of gender-based discrimination. A crucial aspect of this convention concerns individuals with disabilities. Data indicate that women and girls with disabilities face violence at rates two to five times higher than other women and girls. In the European Union, 34% of women with disabilities have experienced physical or sexual violence by an intimate partner in their lifetime. Violence against this group can take multiple forms, including domestic and gender-based violence, institutional abuse, reproductive control, and harassment, including sexual harassment.
3. Universal Declaration of Human Rights (UDHR): As the most fundamental human rights document, the UDHR implicitly condemns domestic violence and supports victims’ rights. Article 3 states that everyone has the right to life, liberty, and personal security, while Article 5 prohibits torture and cruel, inhuman, or degrading treatment or punishment. These articles indirectly reference domestic violence as a human rights violation.
4. Convention on the Rights of the Child (CRC): Adopted in 1989, the CRC emphasizes the protection of children from all forms of violence, including domestic violence. Article 19 mandates that states take all legislative, administrative, social, and educational measures to protect children from physical or psychological violence, abuse, neglect, mistreatment, or exploitation, including sexual abuse. Article 36 further obligates states to shield children from all forms of exploitation that could harm their well-being. Article 37 explicitly prohibits torture, cruel treatment, and life imprisonment without the possibility of release for offenses committed by individuals under 18.
5. International Covenant on Civil and Political Rights (ICCPR): As a foundational human rights treaty, the ICCPR explicitly condemns violence as cruel and inhuman treatment in Article 7. Other articles of the covenant address various forms of violence that can be extended to domestic violence, including exploitation, slavery, forced labor, deprivation of the right to life, and other forms of abuse that occur within domestic settings.

Given these considerations, domestic violence—recognized as a form of gender discrimination—poses a severe threat to human rights and human dignity, affecting not only direct victims but also children and families. The implementation of treaties such as the Istanbul Convention, CEDAW, the CRC, and others mentioned in this paper is essential in preventing and combating domestic violence. Achieving a world free from violence requires cooperation between governments, civil society, and international organizations. Awareness-raising, victim support, and justice enforcement are fundamental steps in this process, as stakeholders strive to apply international conventions and laws to achieve these objectives. Addressing domestic violence is not merely a legal obligation but also an ethical responsibility in building a better world.

References

• Universal Declaration of Human Rights (1948). Retrieved from https://www.un.org/en/about-us/universal-declaration-of-human-rights
• Convention on the Elimination of All Forms of Discrimination against Women (1979). Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women
• The Istanbul Convention (2011). Retrieved from https://www.edf-feph.org/the-istanbul-convention/
• Action Against Violence Against Women and Domestic Violence. Retrieved from https://www.coe.int/en/web/istanbul-convention
• International Covenant on Civil and Political Rights (1966). Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
• Convention on the Rights of the Child (1989). Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child