Dissertations / Theses on the topic 'Abused wives Legal status'

　　　1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation. 　　　With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice. 　　　This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong.
published_or_final_version
Law
Master
Master of Philosophy

Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.

This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.

Includes bibliography
ENGLISH ABSTRACT: The human security concept challenges the traditional view of state security. The very essence of human security means to respect human rights. The Commission on Human Security did not focus on women as a special area of concern in the 1994 Human Development Report. The report does not recognise that being subject to gender hierarchies increases women’s insecurity and that women experience human security differently from men and shows that the human security concept does not include gender based violence (GBV) because there is no specific attention paid to issues that predominantly pertain to women. This study is conducted from a feminist perspective. It is reflexive research and based on standpoint theory. The data is gathered through analysis of secondary data and primary data, collected through interviews. GBV in South Africa tends to be continuous and the perpetrator is most likely to be a spouse or partner. Studies show that women are seen as being dependent on and weaker than men. Many men view women’s rights legislation as a challenge to the legitimacy of men’s authority over women. Women who try to be more independent in their relationships are regarded as threats and violence against them becomes a way for men to show control. The criminal justice system in South Africa has made progress in protecting women from GBV but myths, stereotypes and social conventions still prevent women from receiving justice. Traditionally, the state regards what happens in the private sphere as outside its responsibility. The public/private dichotomy challenges state regulations and norms which is evident in the case of domestic violence. It is often argued that GBV has remained imperceptible because it takes place in the private sphere. However, this research indicates that due to the socio-economic situation in South Africa, the abuse is often publicly known by those in the immediate environment as people live in informal housing. This research shows that a human security framework that targets GBV has to be developed for those who bear its consequences. When women are not viewed as subjects, issues that mainly affect them remain invisible. It is necessary that analysis of human insecurity starts from the conditions of women’s lives. Many women in South Africa live highly traumatic lives. Fighting GBV requires that we know the victims of GBV and let them decide what they need to feel secure. Creating human security requires that other threats which contribute to GBV, such as poverty, gender stereotypes and prejudice are also addressed. GBV has become an epidemic in South Africa and is a permanent constraint in women’s lives and impacts society as a whole. The security of the state rest on the security of women and as long as the state fails to treat GBV as a serious crime and protect women the state is more likely to use violence on a larger scale against its citizens.
AFRIKAANSE OPSOMMING: Die Menslike Veiligheidskonsept daag die tradisionele siening van staatsveiligheid uit: die kerbetekenis van Menslike Veiligheid is om menseregte te respekteer. Die Kommissie op Menslike Veiligheid het nie op vroue as ‘n spesiale area van kommer gefokus in die Menslike Ontwikkelingsverslag van 1994 nie. Die verslag het daarin gefaal om te erken dat die realiteit van geslags-hiërargieë vroue se insekuriteit verhoog, en dat die ervaring van menslike sekuriteit van mans en vroue verskil. Hierdie navorsing sal toon dat die menslike veiligheidsbegrip nie in staat is om geslags-gebaseerde geweld (GGG) in ag te neem nie, aangesien daar geen spesifieke aandag verleen is aan vraagstukke wat hoofsaaklik op vroue betrekking het nie. Hierdie studie is vanuit 'n feministiese perspektief gedoen. Die navorsing is reflektief en op standpunt-teorie gebaseer. Die data is deur die analise van sekondêre data, asook die gebruik van primêre data i deur middel van onderhoude ingesamel . GGG in Suid-Afrika is geneig om oor ‘n uitgerekte tydperk plaas te vind en die mees waarskynlike oortreders is ‘n eggenoot of lewensmaat. Navorsing toon dat gemeenskappe geneig is om vroue as swakker en afhanlik van mans te sien. Wetgewing op die regte van vroue word deur vele mans as ‘n uidaging van hul legitieme superioriteit, ten op sigte van vroue, gesien. Vroue wat dus onafhanklikheid in hul verhoudings probeer uitoefen, word as bedreigings gesien en geweld word gebruik om hulle “in hul plek te hou”. Die Suid-Afrikaanse kriminele regstelsel het al vordering gemaak in terme van die beskerming van vroue teen GGG, maar mites, stereotipes en sosiale konvensies belemmer steeds die volle gang van die gereg. Die staat het in die verlede die private sfeer as buite sy jurisdiksie gesien. Die openbare/private sfeer digotomie bied uitdagings vir staatsregulering en vir die implementering van regulasies , en dit word veral duidelik in die geval van huishoudelike geweld. Daar word aangevoer dat aangesien GGG in die private sfeer plaasvind, dit onsigbaar bly. Hierdie navorsing het egter bevind dat GGG in die Suid-Afrikaanse konteks dikwels in die openbare gemeenskapsfeer (deur diegene in die onmiddelike omgewing) opgemerk word, omdat baie mense in Suid-Afrika informele nedersettings woon.Hierdie navorsing het verder bevind dat ‘n GGG raamwerk vir menslike veiligheid ontwikkel moet word wat diegene wat die gevolge van GGG dra insluit. Indien vroue nie spesifiek as navorsingssubjekte geag word nie, bly faktore wat hulle spesifiek beïnvloed onsigbaar. Dit is belangrik dat analise van menslike insekuriteit begin om die omstandighede van vrouens se lewens in ag te neem. Vroue in Suid-Afrika leef in hoogs traumatiese omstandighede. In die bestryding van GGG is dit belangrik dat die slagoffers van GGG in ag geneem word en dat dit hulle toelaat om dit duidelik te maak wat hulle onveilig laat voel. Die skep van menslike veiligheid vereis dat bedreigings wat bydra tot GGG, naamlik armoede, geslagstereotipes en vooroordeel , ook aangespreek word. GGG in Suid-Afrika het ‘n epidemie geword, en plaas ‘n permanente beperking op vroue se lewens. Dit het ook ‘n blywende impak op die samelewing as ‘n geheel. Die veiligheid van die staat rus op die veiligheid van vroue. Solank as wat die staat versuim om GGG te bekamp en as ‘n ernstigge misdaad te erken, en vroue nie die beskerming van die staat geniet nie, is daar ‘n hoër moontlikheid vir die gebruik van geweld deur die staat teen sy eie burgers op ‘n groter skaal.

This study outlines the results of an evaluation of programmes through a developmental quality assurance process within shelters for abused women and their children in Gauteng Province. The survey obtained the attitudes and opinions of the social workers/social auxiliary workers and shelter managers towards their services. The study reflects empirical findings as well as strengths and developmental areas within these shelters. The results from the study indicate that shelters for abused women and their children are functioning well. However, the Minimum Standards for Shelters are not fully adhered to. Therefore, internal and external evaluations should be used by shelter managers to evaluate their own performance and to improve service delivery.
Social Work
MA(SS) (Social Work)

This thesis focuses on Aboriginal women as survivors of intimate violence, and as participants in debates about justice and rights in the academic, political and legal spheres. While several federal and provincial reports have documented the adverse impact of the dominant criminal justice system on Aboriginal peoples, most of the reports fail to consider the impact of the dominant system, and of reform initiatives on Aboriginal women, who engage with such systems primarily as survivors of violence. Although feminist legal scholars and activists have focused on survivors of violence in critiquing the dominant justice system, such discourses have also tended to ignore the needs and concerns of Aboriginal women in recommending reforms to the dominant system, as well as in theorizing the causes and sites of intimate violence. Using feminist methods, I explore how the writings of Aboriginal women have begun to fill these gaps. In focusing on gender and racial oppression, Aboriginal women have complicated theories on and reforms around intimate violence, and have demanded that they be included in the shaping of public institutions in both the Canadian legal system, and in the context of Aboriginal self-government. While Aboriginal women largely support the creation of Aboriginal justice systems, some have expressed concerns about the willingness of Aboriginal and non-Aboriginal leaders to include women in the process of creating, implementing and operating such systems. The Canadian Charter of Rights and Freedoms, as well as Aboriginal rights under the Constitution Act, 1982 have been advocated as means of achieving Aboriginal women's participation in this context. This gives rise to a number of fundamental questions which I examine in my thesis. What is the historical basis for the participation of Aboriginal women in the political process, and for survivors of violence in both the dominant and Aboriginal justice systems? What is the significance of the absence of Aboriginal women from dominant discourses on justice and intimate violence? Might a broader level of participation for survivors of violence, both Aboriginal and non-Aboriginal, ameliorate the problematic aspects of the dominant justice system? Does the Canadian Charter of Rights and Freedoms provide a vehicle for survivors of violence who seek a greater level of protection and participation in the dominant justice system? Can the Charter, or Aboriginal rights under the Canadian constitution, assist Aboriginal women in establishing a right of participation in the processes leading to the creation of Aboriginal justice systems, and their participation in such systems once they have been created? What are the limitations of rights discourse in this context? My analysis suggests that the Supreme Court of Canada's conservative approach to rights, as well as more fundamental limitations in rights discourse, make constitutional litigation within the dominant system a sometimes necessary, but not ideal strategy for Aboriginal women in defining their involvement in the political and justice arenas. On the other hand, there is potential for rights discourse to bear more fruit once Aboriginal decision making fora are in place, in keeping with holistic approaches to interpretation, and the traditional roles of Aboriginal women and survivors of violence in justice and in the community.

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court.
Social work
M.Diac. (Play therapy)

M.Sc. (Psychology)
Increasing attention has over the past decade been directed at sexual abuse in the form of media exposure and the formation of specialised units for the protection of children's rights. In this manner the South African Police Service have, since the first Child Protection Unit was formed in 1986, established units country wide in an attempt to erradicate this phenomenon. An overwiew of the literature makes it apparent that there are lots of conflicting opinions pertaining to sexual molestation. Not only do researchers differ in their definitions of sexual molestation but also on the incidence, typology and ethiology thereof. Flowing from the diverse and far reaching consequences suffered by the victim coupled to the accompanied legal and ethical aspects, child molestation presents as an extremely complex phenomenon to fully address. The Child Protection Unit of the South African Police Service thus appears to be the most appropriate place for the handling of child molestation because of the law inforcement context thereof. The goal of the study was thus to identify the needs of this unit in an effort to help the unit achieve the highest possible standards of effectiveness. To realise this study a phenomenological investigative method was used in the form of a need assessment questionnaire which was sent to the Johannesburg and Pretoria units. Data was collected in the form of completed questionnaires and was evaluated and interpreted in a qualitative manner. Needs determined, amongst others, were for more extensive training in specialised areas as well as a need for the direct involvement of a social worker and a psychologist at the Child Protection Unit. The above mentioned needs in conjunction with other identified needs and criticism voiced by the respondents, formed the basis for the recommendations proposed at the end of this thesis.

The South African Justice System is a broader system that brings law and order to society. This law and order also includes the constitutional rights of the sexually abused children. A special court dealing with cases of children who are sexually abused is functioning throughout the country. The purpose of this study is to develop a framework for social workers working with children in these special courts. The problem identified is that in these courts no framework exists for social workers focusing on the guidance of the child through the processes of the Justice System. This includes the therapeutic guidance by means of brief or directive therapy. The research methodology for this study focused on developmental research by using the Intervention research model of Rothman and Thomas (1994). The phases implemented in the study were Problem analysis and project planning, information gathering and synthesis and design. Qualitative data was gathered by means of semi-structured interviews and integrated in phase two of the research report. A proto-type guideline was developed and needs to be evaluated in future research.
Social Work
M.Diac. (Play Therapy)

Summary in Afrikaans and English
Although the rights of children in South Africa are being regulated by legislation, statistics prove that statutory services on behalf of children annually increase. Scientific accountable information regarding the child can be obtained by the assessment of the child. The purpose of this investigation was to identify the gaps in the existing assessment guidelines, as well as the needs of social workers regarding assessments. The sequential exploratory strategy was utilized, as quantitative data supported qualitative findings. The investigation showed that minimal assessment literature is available in South Africa and internationally, although assessment is the basis evidence of the social worker. The biggest gap in assessment guidelines is that assessment does not carry weight in the court. There is a need for social workers to be trained in relevant assessment skills based on a specific frame of reference. Gestalt therapy can provide a suitable theoretical frame of reference for assessment, and can serve as scientific foundation for social workers during the statutory process. A framework for an assessment guideline was thus proposed.
Ten spyte daarvan dat die regte van kinders in Suid-Afrika deur wette gereguleer word, bewys statistiek dat statutere dienste aan kinders jaarliks toeneem. Wetenskaplik verantwoordbare inligting ten opsigte van die kind kan bekom word deur die kind te assesseer. Die doel van hierdie ondersoek was om leemtes wat in bestaande assesseringsriglyne is vas te stel, asook die behoeftes wat by maatskaplike werkers ten opsigte van assessering bestaan. Die opeenvolgende verkennende strategie is tydens hierdie ondersoek gevolg, aangesien kwantitatiewe data gebruik is om die kwalitatiewe bevindings te ondersteun. Die ondersoek het getoon dat min literatuur ten opsigte van assessering in Suid-Afrika en internasionaal beskikbaar is, ten spyte daarvan dat assessering die basis van die getuienis van die maatskaplike werker vorm. Die grootste leemte wat in assesseringsriglyne ge'identifiseer is, is die feit dat assessering nie gewig in die hof dra nie. 'n Behoefte ten opsigte van opleiding in toepaslike assesseringsvaardighede vanuit 'n spesifieke teoretiese verwysingsraamwerk bestaan. Gestaltterapie kan 'n teoretiese verwysingsraamwerk vir assessering bied en kan dien as wetenskaplike fundering vir optrede van maatskaplike werkers tydens die statutere proses. 'n Raamwerk vir 'n assesseringsriglyn is voorgestel.
Social Work
M. Diac. (Play Therapy)

Text in Afrikaans
This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach.
Social Work
M.Diac. (Spelterapie)

This dissertation focuses in the phenomenon of partner violence in Mexico. It examines the causes of partner violence at multiple levels of analysis. At the micro level it examines characteristics of individual victims, the family and the relationship. At the macro level the focus is on the legal and social structures that define domestic violence and the State's response. Throughout the analysis, the State plays a central role as the set of institutional arrangements that define the rules of the game and that determine the possibilities for change and the potential roles and effectiveness of key players including the feminist movement. Throughout the analysis I examine the confluence of forces that influence the State's attempts to reduce individual women's risk of partner violence through its legislative, judicial and police powers in a historically defined situation characterized by pervasive structural patriarchy. A major objective is to asses the influence of the pervasive patriarchy in the system on individual women's risk of partner violence. The approach adopted in this dissertation is based on the assumption that patriarchy is a social system that permeates social institutions and that becomes internalized and part of the normative everyday reality that structures individual's interpretations and motivations. This research demonstrates that, on average, the structural gender inequality between Mexican men and women is high. This inequality is revealed through qualitative and quantitative analyses that demonstrate empirically the influence of the patriarchal system both on individual experiences of partner violence, and on the State's response. Adopting a feminist post-structuralist approach to the analysis of the State's role, the research reveals inconsistencies between the discourses and practices of the Mexican State regarding partner violence. By analyzing administrative family violence legislation, I determine whether the Mexican State has in fact made substantively meaningful attempts to challenge patriarchy and to end violence against women in the family realm. The family violence legislation has two often inherently contradictory purposes. On the one hand the objective is to protect the family as a core social institution. The second, which is often in conflict with the first objective, is to protect women from abuse by their partners. This dissertation demonstrates that these conflicting objectives and the embededness of patriarchy throughout the social help explain why certain branches of the Mexican State tend to strengthen patriarchy and reify women's subordinate position in the family. The way in which the State interprets and implements family violence legislation reveals the inability and/or unwillingness of the State to protect women's rights and highlights the patriarchal assumptions pervading the State's actions. Finally, this research looks at feminist and women's movements and NGOs to determine whether they have been effective in influencing the State to adopt measures to guarantee women a life free of violence. I looked not only for their influence on the legislative level, but also surveyed the role they continue to play in implementing antiviolence laws.
text

In this study focus is placed on the Impact of the Namibian judiciary system on the sexually-abused child witness and recommendations were made to criminal justice professionals. A literature study was undertaken to establish a grounded theoretical perspective. A single case study was done to evaluate how the Gestalt Play Therapy Process can be applied to mitigate some of the negative effects the judicial system has on the child witness. An empirical study was done and a qualitative approach was utilised. Semi-structured interviews were conducted with children, their parents and criminal justice professionals. Major findings of this study are that the Namibian criminal justice system leads to further traumatization of the sexually-abused child witness and that the Gestalt Play Therapy approach can be applied to make the court proceedings less traumatic and even therapeutic for the child witness. Recommendations were formulated for criminal justice professionals
In hierdie verhandeling is gefokus op die impak van die Namibiese regstelsel op die seksueel-misbruikte kindergetuie en daar word aanbevelings gedoen aan professionele persone in die kriminele regstelsel. 'n Literatuurstudie is gedoen om 'n grondige toeretiese perspektief daar te stel. 'n Enkele gevallestudie is uitgevoer om te evalueer hoe die Gestalt Spelterapieproses toegepas kan word om die hofverrigtinge vir die kind minder traumaties te maak. 'n Empiriese studie is gedoen en 'n kwalitatiewe benadering is gebruik. Semi-gestruktureerde onderhoude is gevoer met kinders, hulle ouers en professionele persone wat met seksueel-misbruikte kindergetuies werk. In die studie is bevind dat die Namibiese regstelsel addisionele trauma veroorsaak vir die kindergetuie en dat die Getaltspelterapiebenadering gebruik kan word om die hofervaring minder traumaties en selfs terapeuties te kan maak vir die kindergetuie. Aanbevelings is gedoen aan professionele persone wat met kindergetuies werk.
Social work
M.Diac. (Play Therapy)

The research addresses secondary victimization of women reporting abuse at the Lenasia Police Station and reasons why it occurs. In addition, the research also determines if the expectations of the survivors of abuse about the police when reporting abuse are in line with what the Domestic Violence Act stipulates as their duties. To determine this, a sample of survivors reporting abuse was used. A qualitative and quantitative approach to the research was used. Two questionnaires were used for the sample of survivors and for service provides, with an opinion survey with knowledgeable people and a focus group discussion with police. It was found that some women were experiencing victimization by the police and that the survivors' expectations of the police were as stipulated in the Domestic Violence Act. Services provided by service providers were outlined and obstacles preventing police to provide a good service were identified. Recommendations were made.
Social work
MA(SS) (SOCIAL WORK)