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Domestic violence is a major cause of social exclusion and human rights violations affecting millions of human beings around the world, making them victims of murder, physical, sexual and psychological violence, subjected to humiliation and various types of abuse.The vast majority of these acts of violence are committed against women in intimate relationships. In recent decades, the reflection produced by multiple studies has challenged and encouraged international organizations and governments to develop measures to prevent and combat the phenomenon. However, despite some important steps taken and innovative legal frameworks, there is still a large gap between the law and practice. This chapter presents a critical analysis of the phenomenon considering three dimensions: the contribution of theoretical approaches to its social and political unveiling and to the development of new conceptual paradigms; the evolution of the international political and legal agenda; and, based on the experiences of two countries, Portugal and East Timor, the challenges to public policies and the role of the courts in preventing and combating domestic violence against women.
Chapter 9 reveals that the circular patterns of norm renegotiation manifest at the national level in India’s broader women’s movement. It describes the history of this movement and then use ACLED data on all women-led protest events in India from 2016 to 2021 to illustrate the breadth of women’s collective mobilization and the range of demands raised. Women most often come together to protest more explicitly gendered issues, such as gender-based violence. However, many women-led protests focus on other demands, including improved government accountability and service delivery. The nature of women’s demand-making suggests possibilities for both gender equality and improved governance with their political inclusion. Finally, it documents broader patterns of resistance to women’s collective action at the national scale, documenting a range of explicit instances of violent backlash and summarizing the rise of the men’s rights movement in India. This provides further evidence of male coercion and suggests conditions under which women’s collective action can succeed.
This chapter shows how involuntary sterilisation and castration have become problematised in international law. The chapter discusses the rise of international law and human rights in the post-war context. Despite being regarded as international crimes on meeting certain criteria since the Nuremberg trials, the interventions are rarely prosecuted in practice. Efforts to mainstream involuntary sterilisation as human rights violations have been more successful. This development began in the 1990s and has since gone from soft law to binding legal obligations. The chapter shows that uncertainty prevails regarding the legal and remedial conceptualisation of involuntary sterilisation and castration in international human rights law due to inconsistent and incidental treatment of such cases. Ultimately, the argument is made that international law provides a socio-legal master frame for national legal claims. In the case of involuntary sterilisation and castration, however, this master frame is not sharply defined, effectively impeding investigation and problematisation of the practices in national contexts.
Focusing on two central novels by Roberto Bolaño, Los detectives salvajes and 2666, as works of crime fiction, this chapter considers them from the point of view of the rules of the detective and murder genre. The role of the detective and the construction of the puzzle emerge in each of the two novels as both a crime and a literary question. Situating the novels in the context of the impunity and violence that defined the experience of Mexico in the last three decades, the chapter proposes an alternative way to appreciate Bolaño’s depiction of violence, less as a philosophical statement about modernity and more as an ironic vision of literature and contemporary ideologies.
Chapter 4 describes how women, under participatory constitutionalism, are succeeding in broadening the constitutional agenda in the current century in ways that foreground the inequalities rooted in the “private sphere,” thus calling for a new form of gender transformative constitutionalism. In particular, new constitutional agendas are flourishing around the world, covering topics such as intimate partner violence and violence against women; the fuller recognition of women’s sexual and reproductive autonomy; constitutionally grounded assistance to motherhood and reproduction; and the importance of a care-centered understanding of fatherhood challenging hegemonic masculinities, removing the remaining sex-based, care-related differentiations, and challenging of gender-neutral legal norms that shape interpersonal relations and implicit gender role assumptions.
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Violence against women is widely recognised as a violation of human rights and a public health problem. The most common forms of violence against women are domestic abuse and sexual violence, and victimisation is associated with an increased risk of mental disorders. It is reported that a three times increase in the likelihood of depressive disorders, a four times increase in the likelihood of anxiety disorders, and a seven times increase in the likelihood of post-traumatic disorder (PTSD) for women who have experienced domestic violence and abuse. Significant associations between intimate partner violence and symptoms of psychosis, substance misuse, and eating disorders have also been reported. Furthermore, systematic reviews of predominantly cross-sectional studies report consistent relationships between being a victim of domestic violence and abuse and having mental disorders across the diagnostic spectrum for men and women, but since women are more likely to be victims, the population attributable fractions are higher for women. In this presentation, the focus will also be on clinical guidance on the role of mental health professionals in identifying violence against women and responding appropriately, poor identification persists and can lead to non-engagement with services and poor response to treatment. After a literature review, we will present and discuss current data from parental consultation and a survey on violence during the Covid-19 pandemic in Berlin.
This chapter first explores the marginalized condition of women around the world and traces the history of the transnational feminist movement. It discusses the relevant concepts such as public/private sphere, gender equality v. gender equity, and intersectionality. After a survey of the status of women’s rights under international and regional human rights law, it then examines various issues including the right to equality between men and women in marriage and family life, women’s rights in public and political life, sexual and reproductive rights, women’s land, property, housing rights, women’s rights to food, water, and sanitation, women workers’ rights in the workplace, and violence against women.
An analysis of the African Union approach to eliminating violence against women shows that while the Protocol on the Rights of Women in Africa (the Maputo Protocol) refined the culture/violence nexus, the subsequent regional frameworks reverted to culture-centered explanations. Tornius’s critical analysis reveals how the relationship between culture and gender discourses has changed over time, entangled with processes of colonialism, decolonization, emergence of African socialisms, the end of the Cold War, and the advent of African feminisms. Articulating gendered violence through undefined ahistorical and apolitical notions of “culture” has real life adverse effects for women through ineffective policy and development interventions.
Violence against women (VAW) is a major public health problem and a violation of women’s human rights. The coronavirus disease 2019 (COVID-19) pandemic has worsened gender inequality, resulting in a heightened incidence of VAW. This study aims to assess the characteristics of women who admit to the emergency department (ED), both before the pandemic and during the pandemic. The secondary aim is to compare the frequencies of violence cases between periods.
Methods:
By single-center, retrospective, and cross-sectional design, the periods of April 10 - December 31, 2020 and April 10 - December 31, 2019 were compared. The outcomes of the study were the daily ED admission numbers of both sexes, the prevalence of VAW cases in the ED, as well as sociodemographic and clinical variables of the women who were exposed to violence.
Results:
During the pandemic period, number of VAW cases in the ED increased 13% and the ratio of VAW cases to all ED admissions tripled compared to the pre-pandemic period. Women exposed to VAW were more likely to be without social insurance, injured in the trunk part of their body, and having a life-threatening injury in the pandemic period. In both periods, women were attacked by an intimate partner, dominantly (42.6% and 54.1%, respectively). In addition, among all admissions of adults to the ED, women’s percentage decreased while men’s admission ratios increased during the pandemic period. Admissions to ED declined 47.7% during the COVID-19 pandemic compared to the year before.
Conclusion:
Cases of VAW tend to increase during the pandemic, and health care settings should be well-organized to respond to survivors.
Le contrôle excessif est considéré par différents organismes communautaires et institutions du Québec comme une des représentations des violences basées sur l’honneur (VBH) au même titre que les mariages forcés, les mutilations génitales féminines (MGF) et les violences physiques ou psychologiques. En 2016, pour la première fois, le législateur québécois a ajouté le contrôle excessif à la liste des mauvais traitements psychologiques explicitement reconnus par la Loi sur la protection de la jeunesse (LPJ). Toutefois, aucune définition juridique, jurisprudentielle, politique ou même doctrinale du contrôle excessif n’accompagne cette reconnaissance juridique. Pourtant, il existe, sur le terrain et dans différentes décisions judiciaires, des situations où l’existence du contrôle excessif est reconnue par divers intervenants du système. L’objectif du présent article est d’appréhender le phénomène du contrôle excessif à partir, d’abord, d’un examen doctrinal et juridique, autant fédéral que provincial, concernant les VBH en général, et ensuite, d’une analyse jurisprudentielle des décisions de la Chambre de la Jeunesse de la Cour du Québec associées particulièrement au contrôle excessif. Le tout permettra de proposer une définition du contrôle excessif dans le contexte des VBH, dans le but de mieux identifier cette violence intrafamiliale spécifique et de mieux intervenir auprès des victimes et de leur famille.
We know more about why laws on violence against women (vaw) were adopted than about how much and in what ways these laws affect society. The authors argue that even weakly enforced laws can contribute to positive social change. They theorize the expressive power of vaw legislation, and present evidence for a cautiously optimistic assessment of current trends on violence against women and the ways that vaw laws affect social norms. Focusing on a time of major legal change related to vaw in Mexico, this article explores trends in behavior and attitudes related to violence by analyzing four waves of the National Survey on the Dynamics of Household Relations (endireh), which include detailed interviews with thousands of Mexican women. The authors find that over this period, the share of women experiencing intimate-partner abuse declined, attitudes condoning violence shifted, reporting rates rose, and most women learned about legislation to protect their rights. These changes are consistent with the authors’ expectations about the expressive power of anti-violence legislation.
A scholarly consensus depicts strong, autonomous domestic women's movements as critical for the passage of gender equality reforms, alongside openings in domestic and international political contexts. What, then, is a nascent women's movement seeking gender equality reforms to do if it lacks strength or a history of autonomous organizing? A long-term analysis of the Guatemalan women's movement's push for reforms to address violence against women demonstrates that one potential road forward is through a “politics of patience,” rooted in the pursuit of cumulative, incremental victories. Adopting a politics of patience allows nascent domestic movements in developing and post-transition contexts to achieve incremental victories that create future political openings while simultaneously building movement strength and autonomy over time. This finding highlights the temporal and strategic power of women's movements, as well as the iterative and potentially reinforcing nature of social mobilization and political reform.
We explore how formal mandates associated with Guatemala's 2008 ‘Law against Femicide and Other Forms of Violence against Women’ and with specialised violence against women (VAW) courts have encountered significant challenges due to state-imposed constraints. Drawing on courtroom observations, analyses of case files, and interviews, we find that while formal mandates incorporated feminist understandings of violence against women, which were often internalised among court officials, in daily practice specialised courts reproduced tendencies to depict violence as interpersonal, fragment people's experiences and enact narrow forms of justice that do not incorporate the full intent of the 2008 VAW Law and institutions intended to support it. This case study thus illuminates how and why legal solutions alone are not sufficient to reduce gender-based violence and feminicide, particularly in the face of uneven and openly hostile challenges posed by governments.
Tarasoff v. Regents of University of California is a famous and still controversial decision by the California Supreme Court that held that a campus psychotherapist owed a duty to warn a woman whom his patient had threatened to kill. When the patient carried out his threat, the victim’s family sued the University, claiming that the therapist and campus police failed to exercise reasonable care to protect their daughter. The rewritten feminist opinion goes beyond the original majority opinion and imposes a duty on both the therapist and the campus police. It reveals the full story of the Berkeley student’s stalking and delusional romance with the victim and reframes the case as one of gender violence. Under the feminist judgment, victims of domestic violence would have a right to call on the state for protection against physical harm. The accompanying commentary explains the struggle on the California Supreme Court and the difficulties of holding law enforcement accountable in sexual and domestic violence cases.
In this book, Adrian Thatcher offers fresh theological arguments for expanding our understanding of gender. He begins by describing the various meanings of gender and depicts the relations between women and men as a pervasive human and global problem. Thatcher then critiques naive and harmful theological accounts of sexuality and gender as binary opposites or mistaken identities. Demonstrating that the gendered theologies of Hans Urs von Balthasar and Karl Barth, as well as the Vatican's “war on gender” rest on questionable binary models, he replaces these models with a human continuum that allows for sexual difference without assuming “opposite sexes” and normative sexualities. Grounded in core Christian doctrines, this continuum enables a full theological affirmation of LGBTIQ people. Thatcher also addresses the excesses of the male/female binary in secular culture and outlines a hermeneutic that delivers justice and acceptance instead of sexism and discrimination.
The treatment of third-country nationals (TCNs) under EU law falls far short of the EU's commitments to eliminate gender inequality and to ‘combat all kinds of domestic violence’. Not only does Article 13(2)(c) of the EU Citizens’ Directive, as interpreted by the CJEU in Secretary of State for the Home Department v NA, fail to ‘safeguard’ the rights of TCNs, it may also enable domestic violence. When presented with an opportunity to remedy its disadvantageous treatment of TCNs by fully ratifying the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention), the Council of the EU chose instead to pursue a selective and partial ratification which leaves TCN victims without recourse to the very provisions designed to assist them. The European Parliament stated that it ‘regrets’ this approach, recommending instead ‘a broad EU accession … without any limitations’. This article's analysis of the EU Citizens’ Directive and Istanbul Convention supports this recommendation.
Tackling violence against women in the theatre is often a controversial matter. To identify the ethical risks that victim representation may entail, we conduct a comparative analysis of two works about Ciudad Juárez’s feminicides staged in Barcelona: 2666 (2007), an adaptation of Roberto Bolaño’s novel directed by Àlex Rigola, and House of Strength (2011) by Angélica Liddell. This article argues that while Rigola reduces victims to mere sexual objects with no narrative of their own, Liddell places the voice and resilience of Mexicans in the foreground and represents their bodies respectfully. Adriana Nicolau is completing her doctoral studies on ‘Feminisms in contemporary Catalan theatre’ at Universitat Oberta de Catalunya (UOC) in Barcelona. Her publications include articles for Feminismo/s. Teresa Iribarren is an assistant professor at UOC, where she is the Director of the Catalan Literature, Publishing, and Society research group. Her current research focuses on narratives of violence and the promotion of human rights in literature.
The chapter examines violence and the Japanese empire from the beginning of the empire’s existence in the late nineteenth century to its collapse in 1945. The chapter analyzes not only the war crimes initiated by the Japanese empire, but also the various individual recipients and perpetrators of violence from 1937 to 1945. Both the second Sino-Japanese War (1937-45) and the Pacific War (1941-45) tore apart the lives of millions of individuals. All involved were exposed to extreme violence, and every individual had to endure such periods of violence in one way or another. Chinese and Korean forced laborers, women forced into sexual servitude, Japanese leftists killed in the prison, American and European prisoners of wars, and Japanese and Korean suicide pilots are among those who addressed in this chapter. My essay attempts to illuminate complicated aspects of the wars that Japan experienced and provide a better understanding of these wars and their effects on various individuals in Asia and the Pacific.
What does world peace mean? Peace is more than the absence and prevention of war, whether international or civil, yet most of our ways of conceptualizing and measuring peace amount to just that definition. In this essay, as part of the roundtable “World Peace (And How We Can Achieve It),” I argue that any vision of world peace must grapple not only with war but with the continuums of violence and peace emphasized by feminists: running from the home and community to the public spaces of international relations. Breaking free of the constraints of the last century's intellectual boundaries, I suggest that war and peace are not a dichotomy but rather are intimately related. Yet the dearth of feminist perspectives in global debates prevents us from seeing how violence and harm are exacerbated in households and through the global economy under conditions of both “war” and “peace.” To understand the possibilities for world peace, we must understand these varieties of violence and harm that threaten peace. And to sustain peace we must address the harmful gendered identities, ideologies, and social dynamics that support violence in every society. A narrow understanding of peace as merely the absence of organized violence does not engender the kind of nuanced and rich understanding of human history and human relations needed to bring an end to the structural and physical violence that remains pervasive worldwide.