歐美研究季刊第46卷第1期 - page 80

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is: within the framework of due diligence as international standard,
not public policy, this concept of prevention has been blurred by
and lumped together with other concepts, e.g., empowerment of
women and victims of VAW (18-19). Such amalgamation of
disparate concepts has obscured the due diligence standard’s
indeterminate details, lack of specificities on what (bold) policies,
what (innovative) strategies, and what (best) practices may bring
about prevention with the greatest potential, i.e., in genuinely
enforceable terms. Finally, and most importantly, a basic
assumption underlying this due diligence standard, and other
multi-pronged approaches, has not been borne out by the evidence.
This assumption is: by encompassing multiple concepts, these
approaches suggest themselves to be theoretically rich, and
theoretical richness presumes practical robustness in addressing
VAW. But there are gaps between theoretical richness and practical
robustness. As the latest report shows (Manjoo, 2015: 19), there
are “
normative gaps
within the existing international binding legal
frameworks” and “more specifically [there are] the
legal gaps
in
protection, prevention and accountability with respect to violence
against women” that need to be addressed (emphasis added). By
advancing the policing approach based on real-life strategies, I hope,
a remedy for these gaps has been presented, in particular, in the
form of an approach capable of being adopted as empirically tested
and sound public policy.
Let’s turn now to the second issue. I have skipped over a
11, emphasis added). Based on this passage, and others whose content is less
specific, it is nigh impossible to suggest (embryonic) public policy along the lines
of preemption, deterrence, and predictive analysis. Another passage, under
Article I. Protection
, is: “States are required to develop
appropriate
legislative
framework,
policing systems
and judicial procedures to provide adequate
protection for all women, including a safe and conducive environment for
women to report acts of violence against them and
measures such as restraining or
expulsion orders and victim protection procedures
” (18; emphasis added).
Nothing in this passage, and others, hints at an enforceable approach, such as the
policing approach, for preventing VAW.
I...,70,71,72,73,74,75,76,77,78,79 81,82,83,84,85,86,87,88,89,90,...XIV
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