Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal AL WASATH Jurnal Ilmu Hukum
Noer Mawaddah Ainina
Universitas Islam Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Bridging the Definitional Gap In International Human Rights Law: A Comparative Analysis of Cedaw and Devaw on Gender-Based Violence In Turkey, Indonesia, and South Africa Noer Mawaddah Ainina; Supian; Öğr. Üyesi Seyfulloh Hasar
AL WASATH Jurnal Ilmu Hukum Vol 7 No 2 (2026): AL WASATH Jurnal Ilmu Hukum
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v7i2/2194

Abstract

International human rights law still relies on a definition of gender-based violence that many scholars regard as doctrinally incomplete. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) frames gender-based violence chiefly as a manifestation of discrimination, whereas the Declaration on the Elimination of Violence against Women (DEVAW) treats it as a distinct category of harm covering physical, sexual, and psychological suffering. This article argues that the divergence between the two framings contributes to inconsistent judicial and legislative responses to gender-based violence across states. The findings show three distinct pathways to the same failure: Turkey's 2021 withdrawal from the Istanbul Convention, Indonesia's uneven enforcement of Law No. 12 of 2022 on the Crime of Sexual Violence despite its comprehensive text, and South Africa's persistent implementation gap under the National Council on Gender-Based Violence and Femicide Act of 2024, whose own definition already mirrors DEVAW's broader scope.
Co-Authors Öğr. Üyesi Seyfulloh Hasar Supian