Recognizing the egregious in the everyday: domestic violence as torture.

Abstract

This paper discusses gender-based violence affecting women of every class race ethnicity and social background in all the pursuits and phases of the life cycle. The first part of this article dissects the characteristics and context of domestic violence against women. A narrative is presented together with an account of feminist theory. Section A of the second part begins with a brief history of torture. Section B undertakes a presentation of a qualitative perspective on torture and domestic violence by examining the methods goals context and effects of each in light of the evolving international legal understanding of torture. Section C examines the qualitative nature of torture by asking whether the absence of state involvement mitigates the gravity of gender violence. The third part expounds the ramifications of considering domestic violence as torture under international law. Section A focuses on the requirement of state involvement. Section B in addition to treating domestic violence as torture discusses the significance of the development of specialized instruments of violence against women. Section C urges the treatment of domestic violence against women as jus cogens because like torture it should be recognized as among the most heinous human rights violations.

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