ABSTRACT

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.

chapter |10 pages

Introduction

Framing gender, violence and the state in Asia

part I|68 pages

Gender, violence and states in transition

chapter 2|17 pages

From transition to transformation in gender equality

Lessons from Asia

chapter 3|16 pages

Women in post-war Sri Lanka

Linking policy to reality

chapter 5|17 pages

Implementing Security Council Resolution 1325 in Asia

The role of national action plans on women, peace and security

part II|66 pages

Gender, violence and access to justice

chapter 7|15 pages

Public interest litigation on violence against women in Bangladesh

Possibilities and limits

chapter 8|14 pages

Dispute resolution and access to justice in rural China

An analysis from a gender perspective

chapter 9|19 pages

Bringing intersectionality home

Delivering contextualised justice in response to gender-based violence in Hong Kong

part III|93 pages

Transcending borders and boundaries

chapter 11|18 pages

Legislating inequalities

Gender, sexuality and violence in China

chapter 12|19 pages

PathFinders

Supporting access to justice for pregnant migrant workers and their children in Hong Kong

chapter 13|15 pages

Women against women?

Rural women leaders' role in addressing gender-based violence in China

chapter 14|17 pages

Law, inequalities and diverse vulnerabilities

Client-perpetrated violence against female sex workers in Hong Kong

chapter |5 pages

Conclusion