{"title":"超越危机:对亲密伴侣暴力的脆弱性及其后果的理解。","authors":"Nesa Zimmermann","doi":"10.1007/s12142-023-00687-3","DOIUrl":null,"url":null,"abstract":"<p><p>This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a \"shadow pandemic\" and a \"hidden crisis\", the article conceptualizes two parallel phenomena: how the COVID-19 pandemic - and crises in general - impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states' positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change.</p>","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":" ","pages":"1-24"},"PeriodicalIF":1.2000,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10242602/pdf/","citationCount":"0","resultStr":"{\"title\":\"Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence.\",\"authors\":\"Nesa Zimmermann\",\"doi\":\"10.1007/s12142-023-00687-3\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a \\\"shadow pandemic\\\" and a \\\"hidden crisis\\\", the article conceptualizes two parallel phenomena: how the COVID-19 pandemic - and crises in general - impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states' positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change.</p>\",\"PeriodicalId\":45171,\"journal\":{\"name\":\"Human Rights Review\",\"volume\":\" \",\"pages\":\"1-24\"},\"PeriodicalIF\":1.2000,\"publicationDate\":\"2023-06-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10242602/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s12142-023-00687-3\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s12142-023-00687-3","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence.
This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a "shadow pandemic" and a "hidden crisis", the article conceptualizes two parallel phenomena: how the COVID-19 pandemic - and crises in general - impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and reduce IPV. The article then draws a parallel between crisis discourse and vulnerability reasoning, analyzing how vulnerability has played a similar role within the case law of the European Court of Human Rights (ECtHR) and led the latter to develop a consistent strand of case law concretizing states' positive obligations. The article also takes a critical stance, examining the risks of crisis discourse and vulnerability when viewed through a crisis lens. To counter these risks, it argues for a nuanced, structural, and dynamic understanding of vulnerability and a focus on resilience-building institutions and mechanisms. Within the ECtHR case law, this signifies elaborating upon the already existing positive obligations, including by taking inspiration from the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Such an approach is necessary to leave behind the emergency time usually associated with crises and work toward lasting structural change.
期刊介绍:
Human Rights Review is an interdisciplinary journal which provides a scholarly forum in which human rights issues and their underlying empirical, theoretical and philosophical foundations are explored. The journal seeks to place human rights practices and policies within a theoretical perspective in order to link empirical research to broader human rights issues. Human Rights Review welcomes submissions from all academic areas in order to foster a wide-ranging dialogue on issues of concern to both the academic and the policy-making communities. The journal is receptive to submissions drawing from diverse methodologies and approaches including case studies, quantitative analysis, legal scholarship and philosophical discourse in order to provide a comprehensive discussion concerning human rights issues.