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Red’kina, Ekaterina A., and Mar’yana V. Arkhipova. "COGNITIVE ISSUES OF THE DOMESTIC VIOLENCE BILL." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 3 (2021): 135–54. http://dx.doi.org/10.28995/2073-6304-2021-3-135-154.
Повний текст джерелаАнотація:
In the article, the authors did not set out to analyze the need to adopt or reject the draft law “On Domestic Violence”, but focused on the substantive part, since they believed that any law should be an effective mechanism of action. The draft federal law “On Domestic Violence” was analyzed in three areas: legal terminology, the powers for the subjects of prevention of domestic violence, as well as types and forms of preventive work.
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Morgan, Derek, and Martin L. Parry. "Family Homes and Domestic Violence Bill [HL]." Journal of Social Welfare and Family Law 17, no. 4 (October 1995): 485–89. http://dx.doi.org/10.1080/09649069508410170.
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Sarkin, Jeremy, Denise Meyerson, Paul Eden, Sandra Burman, Amanda Barratt, and Ha Strydom. "The Prevention of Domestic Violence Draft Bill." South African Journal on Human Rights 9, no. 2 (January 1993): 288–310. http://dx.doi.org/10.1080/02587203.1993.11827911.
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MAGOMEDOV, ABDULKADYR. "PREVENTION DOMESTIC VIOLENCE IN FRANCE." Gaps in Russian Legislation 15, no. 4 (July 22, 2022): 370–78. http://dx.doi.org/10.33693/2072-3164-2022-15-4-370-378.
Повний текст джерелаАнотація:
The working group has been created to develop a Prevention Domestic Violence Bill in 2019. Similar legislative initiatives have previously been proposed. The article discusses foreign experience in combating domestic violence. It is shown that France has an effective system of measures against domestic violence. This experience and approaches in criminal policy can be used in Russia when adopting such a law. It is, in particular, about the recognition of domestic violence as a qualifying factor.
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Sunder Rajan, Rajeswari. "Rethinking Law and Violence: The Domestic Violence (Prevention) Bill in India, 2002." Gender History 16, no. 3 (November 2004): 769–93. http://dx.doi.org/10.1111/j.0953-5233.2004.00364.x.
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Eddyono, Sri Wiyanti. "Restorative Justice for Victim’s Rights on Sexual Violence." Journal of Southeast Asian Human Rights 5, no. 2 (December 31, 2021): 176. http://dx.doi.org/10.19184/jseahr.v5i2.28011.
Повний текст джерелаАнотація:
Indonesia has experienced very dynamic advocacy for legal reform on the protection of victim of sexual violence. Sexual violence is as emerged issue as the accidents of sexual violence has increased including during COVID 19. There are different ‘initiatives’ to address sexual violence by various actors; first, the law enforcers through their establishment the policy on alternative mechanism outside criminal justice mechanism; seconds, Criminal Code bill lead by Indonesia government under the Ministry on Law and Human Rights; third, the establishment on the anti-sexual violence bill for victim protection initiated by parliaments supported by women’s movements. All the initiatives have claimed has restorative justice approaches which the impact of COVID 19 become one of the arguments. This paper analyzes whether and how ‘restorative justice’ suitable for victim’s rights on sexual violence. This paper argue restorative justice is one of ambitious purpose which integrating in which criminal justice mechanism through legal reform agenda is very problematic particularly where the indicator of restorative justice is unclear. This paper finds although both Criminal Code Bill, Anti-Sexual Violence Bill in some degrees have integrated restorative justice to criminal justice system, the Anti Sexual Violence Bill has more focused to the rights of the victims of sexual violence. However, before these two laws are enacted, there are policies established by law enforcers called restorative justice for sexual violence which is very dilemmatic since the indicator in restoring the rights of women’s victim of sexual violence does not clear. This policy tends to sacrifice victim for offender’s interest.
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Holcomb, Shelly. "Senate Bill 140: How Much Did It Change Texas Family Code Section 153.004?" Texas Wesleyan Law Review 9, no. 1 (October 2022): 121–49. http://dx.doi.org/10.37419/twlr.v9.i1.4.
Повний текст джерелаАнотація:
This Note examines Texas Senate Bill 1408 (SB 140), passed by the Seventy-Seventh Texas Legislature, which amended Texas Family Code (TFC) section 153.004 relating to the history of domestic violence. The bill had two main purposes: (1) to give direction to judges "regarding the appointment of sole custody in family violence cases," and (2) to change the way Texas courts handle visitation when a parent has a history of domestic violence.' After a long Texas summer of well-publicized domestic violence cases, this amendment appeared to be the next logical, and much-needed, step in furtherance of the public policy of this state. However, the statute, as amended, fails to provide the necessary guidance to the courts because it leaves key terms undefined, fails to demonstrate what evidence the legislature presumes should rebut the presumptions it contains, and continues to utilize a standard of review that is too broad. Part II of this Note provides a brief background of the problem of domestic violence and of how the problem should factor into child custody and visitation determinations. Part III details how the Texas courts and legislature have responded to the problem. Part IV discusses the legislative history of SB 140 and the problems the bill addressed. Part V shows the inadequacies of TFC section 153.004 as amended and recommends that the corresponding Louisiana statute be used as a model for change. Part VI concludes that under Texas public policy, such changes are required.
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Trostle, Lawrence C., Allan R. Barnes, and Cassie L. Atwell. "Including Domestic Violence Restraining Orders in Brady Bill Background Checks: The Alaska Experience." Criminal Justice Policy Review 11, no. 4 (December 2000): 329–40. http://dx.doi.org/10.1177/0887403400011004004.
Повний текст джерелаАнотація:
Alaska has recently implemented major changes in its ability to capture when a domestic violence restraining order has been issued and in its ability to make this information available to the authorities for the purposes of Brady Bill handgun application background checks. Curiously, as the number of cases of domestic violence has increased dramatically, the number of handgun applications has decreased sharply. The article follows these events of recent years and points out the problems faced by policy makers in trying to understand the impact of the changes on future incidents of domestic violence.
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Adomako Ampofo, Akosua. "Collective Activism: The Domestic Violence Bill becoming Law in Ghana." African and Asian Studies 7, no. 4 (2008): 395–421. http://dx.doi.org/10.1163/156921008x359597.
Повний текст джерелаАнотація:
Abstract This article reflects on contemporary struggles for citizenship rights through an examination of civil society's advocacy for the passage of domestic violence legislation in Ghana. The National Coalition on Domestic Violence Legislation, established in 2003 specifically to push for the passage of the legislation, at various times worked closely with, and at other times independently of, or even in conflict with, the state. These processes and engagements point to the vibrancy of civil society and suggest the need for new analyses of social movements, political power and democracy that are rooted in Africa's contemporary realities.
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Lehmann, Christine. "Bill Calls for Increase in Services For Domestic-Violence Victims." Psychiatric News 36, no. 21 (November 2, 2001): 2–28. http://dx.doi.org/10.1176/pn.36.21.0002.
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MAGOMEDOV , ABDULKADYR. "DOES RUSSIA NEED A DOMESTIC VIOLENCE LAW?" Gaps in Russian Legislation 15, no. 6 (November 25, 2022): 275–83. http://dx.doi.org/10.33693/2072-3164-2022-15-6-275-283.
Повний текст джерелаАнотація:
In Russia, there has been a long-standing effort to develop a special law against domestic violence, as well as a debate on the need for such a law. In 2016, such a bill was sent to the State Duma but received negative feedback and was withdrawn. In 2019, work on the adoption of such a law resumed and a draft was developed and posted on the official website of the Federation Council. However, this draft also received a lot of criticism. In this context, the author considered it important to address the issue and conduct an analysis. Objective: Analysis of the draft laws "On prevention of domestic violence in the Russian Federation" 2016 and 2019 in the context of the current legal regulation, international and foreign experience. Results: the author concluded that the existing legal regulation does not adequately address the issue of prevention of domestic violence and does not protect victims of such violence. A large number of measures which could help to solve this problem are absent in the Russian legal system.
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Edwards, Susan. "MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)." Denning Law Journal 18, no. 1 (November 23, 2012): 243–60. http://dx.doi.org/10.5750/dlj.v18i1.318.
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In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.
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Hardianti, Firda Yanis, Reno Efendi, Putri Diah Lestari, and Elisabeth Septin Puspoayu. "Urgensi Percepatan Pengesahan Rancangan Undang-Undang Penghapusan Kekerasan Seksual." Jurnal Suara Hukum 3, no. 1 (March 9, 2021): 26. http://dx.doi.org/10.26740/jsh.v3n1.p26-52.
Повний текст джерелаАнотація:
According to the Annual Report of the National Commission on Anti-Violence Against Women, cases of sexual violence continue to increase each year. The data shows that Indonesia needs regulations that protect victims of sexual violence. So far there has been no legislation that accommodates the whole of crimes and sexual violence resulting in a vacancy and uncertainness of the law. Indonesia needs laws that can complement its special nature governing and carrying out all forms of sexual violence (lex specialis propensionem sexualem identitatemque). So the existence of laws specifically governing sexual violence is critical to providing guaranteed protection and legal certainty for victims of sexual violence in a more perfect range. The withdrawal of the MCC Bill from Prolegnas is clearly not the answer to the growing problem of sexual violence. So by conducting this research will be a clue to the urgency of the Sexual Violence Elimination Bill which encourages the certainty of legalization. This research conducted by library review method which will produce a research analysis of the impact that will occur due to the delay in the ratification of the MCC Bill with the enactment of the Criminal Law Bill (RKUHP) as it is currently.
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Mattoo, Deepa, and Sydele E. Merrigan. "“BARBARIC” CULTURAL PRACTICES: CULTURALIZING VIOLENCE AND THE FAILURE TO PROTECT WOMEN IN CANADA." International Journal of Child, Youth and Family Studies 12, no. 1 (March 12, 2021): 124–42. http://dx.doi.org/10.18357/ijcyfs121202120086.
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The introduction of Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act, in 2015 garnered major critical attention across Canada. Amid an already tense climate of anti-immigrant sentiment in the post-9/11 era, the title chosen for the bill by the Conservative-led government catalyzed xenophobia, perpetuated the “us versus them” rhetoric, and culturalized violence. While originally touted as an opportunity to enhance protection for girls and women against the “foreign” horrors of polygamy, early and forced marriage, and “honour”-based killings, Bill S-7 instead fanned the flames of xenophobia on a mass level, failed to protect women, and, in fact, created higher risk of harms for women who are victims of gender- or family-based violence. In this commentary, we provide an overview of Bill S-7, the amendments to legislation made as a result of its passing, and some of its many problematic elements. We address the barriers to disclosing violence in racialized communities and subsequently provide suggestions on how to effectively address gender- and family-based violence in Canada in an effort to support survivors and prevent further harm.
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McPhedran, Samara, and Gary Mauser. "Lethal Firearm-Related Violence Against Canadian Women: Did Tightening Gun Laws Have an Impact on Women’s Health and Safety?" Violence and Victims 28, no. 5 (2013): 875–83. http://dx.doi.org/10.1891/0886-6708.vv-d-12-00145.
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Domestic violence remains a significant public health issue around the world, and policy makers continually strive to implement effective legislative frameworks to reduce lethal violence against women. This article examines whether the 1995 Firearms Act (Bill C-68) had a significant impact on female firearm homicide victimization rates in Canada. Time series of gender-disaggregated data from 1974 to 2009 were examined. Two different analytic approaches were used: the autoregressive integrated moving average (ARIMA) modelling and the Zivot–Andrews (ZA) structural breakpoint tests. There was little evidence to suggest that increased firearms legislation in Canada had a significant impact on preexisting trends in lethal firearm violence against women. These results do not support the view that increasing firearms legislation is associated with a reduced incidence of firearm-related female domestic homicide victimization.
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Hextrum, Kirsten, Madhunika Sai Suresh, and James D. Wagnon. "2 Honoring TribalCrit in Higher Education: Survival and Sovereignty in the Wake of Anti-CRT Bills." Philosophy and Theory in Higher Education 4, no. 3 (January 1, 2022): 29–48. http://dx.doi.org/10.3726/ptihe.032022.0003.
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Abstract: This article positions anti-Critical Race Theory legislation as ongoing colonial violence against Indigenous Peoples. We consider how anti-CRT bills suppress TribalCrit initiatives and, therefore, tribal sovereignty of knowledge production. We examine one bill, Oklahoma’s HB1775, which prohibits mandatory trainings, courses, or orientations addressing gender, sex, and race in state institutions, including higher education. We contend all anti-CRT bills harm Indigenous Peoples, but HB1775 offers an extreme case based upon the state’s historical and cultural contexts. Oklahoma – (Oklahumma) Choctaw for “Red People” – is home for thirty-nine sovereign tribal nations and one of the largest Indigenous college student populations. HB1775 threatens Indigenous initiatives to (re)claim tribal land, histories, languages, and cultures, thereby supporting the multifaceted needs of Native students. We also discuss how TribalCrit can be harnessed to resist HB1775, among other tactics of erasure in higher education.
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Alfirdaus, Laila Kholid, Lupyta Agra Divina, and Fitriyah Fitriyah. "Anti-feminist Movement, Hegemonic Patriarchy, and Gender Equality Challenges: The Case of the Sexual Violence Elimination Bill." Jurnal Humaniora 34, no. 2 (December 19, 2022): 117. http://dx.doi.org/10.22146/jh.73538.
Повний текст джерелаАнотація:
Challenges to gender equality in Indonesia are not only related to men and male patriarchy. Using the case of the Sexual Violence Elimination Bill, women, specifically those supported by the party affiliated with political Islam, can also hamper the promotion of women’s rights and equality. Hegemonic patriarchy explains the phenomenon through relating the rejection against the Bill to the patriarchal tendencies planted through religious institutions and teaching. The teaching that places women as a secondary creature after men and as the object of men’s authority (Imamah), is taken for granted, believed to be transcendental, turned into an ideology, and concretized through a movement against feminism. All points that try to assert women’s fundamental rights in the Bill are coined as Western values and are rejected as seen as anti-Islam. Reflecting from the case, it becomes clear that challenges towards gender equality are currently getting harder, as they come not only from patriarchal men, but also women who are hegemonized by patriarchal values and take an anti-feminist stance as part of preserving Islam. Tracing through secondary and primary sources, applying desk reviews and interviews with male and female activists, both for and against the Bill, this paper identifies that the rise of anti-feminist sentiment is rooted alongside contemporary Islamization, which has mushroomed in the post-Reformasi era, and poses new challenges to promoting gender equality.
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Cao, Xiuling, Danqi Zhang, and Qianjun Luo. "Attitudinal stance towards the anti-extradition bill movement in China Daily and South China Morning Post." Language, Politics and Media 21, no. 1 (September 29, 2021): 60–80. http://dx.doi.org/10.1075/jlp.21021.cao.
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Abstract Based on Appraisal Theory and critical discourse analysis, this corpus-assisted study examines how China Daily (CD) and South China Morning Post (SCMP) used appraisal resources to express their respective stances towards the anti-extradition bill movement. The results show that both newspapers employed negative resources of Judgement and the predication strategy to convey their stance, but SCMP seemed more refrained in the use of appraisal resources. CD openly stated that any illegal actions should be punished, and SCMP also criticised these actions. Besides, CD emphasized the consequences brought by violence and attributed the breakout of the protests to the opposition camp’s political intention for their own benefit, whereas SCMP highlighted Hong Kongers’ widespread opposition to the bill. These differences in language use and stance might be explained by the different press systems they respectively belong to and related to their respective historical and socio-political contexts.
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Thompson, Sheneese, and Franco Barchiesi. "Harriet Tubman and Andrew Jackson on the Twenty-Dollar Bill: A Monstrous Intimacy." Open Cultural Studies 2, no. 1 (November 1, 2018): 417–29. http://dx.doi.org/10.1515/culture-2018-0038.
Повний текст джерелаАнотація:
Abstract The controversy surrounding the announcement by the US Treasury, in April 2016, that the portraits of Harriet Tubman and Andrew Jackson will “share” the twenty-dollar bill-which the latter has embodied for almost a century-highlights a glaring incongruity: A formerly enslaved black woman and abolitionist leader is being placed in iconic proximity with an exemplary historical representative of the United States as a national experiment built on whiteness, slavery, and genocide. Our essay revolves around three basic questions: Why Tubman? Why Jackson? Why Now? The Treasury’s decision and its subsequent vicissitudes allow insights into the blurring of Barack Obama’s avowed “post-racialism,” which presided over the idea to redesign the currency, into the overt white supremacy and anti-black violence at the onset of the Trump regime, which has de facto frozen the implementation of the new bill. The story serves, namely, as a commentary on paradigmatic antiblackness as a force that, being constitutive of American civil society, has been fortified by the “post-racial” pretences of the Obama era. With reference to Christina Sharpe’s notion of “monstrous intimacy” and Saidiya Hartman’s theorization of “fungibility,” we argue that the twenty-dollar bill affair reflects the ways in which the interlocutory life of civil society is fortified by the continuous positioning, in popular imagination and discourse, of the black female body as inert matter in modes of appropriation, violence, and representation that sustain America’s political and libidinal economy.
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Morris, Jason, Andreea Antonia Raducu, Melissa Fuller, Sarah Wylie, and Steven James Watson. "Towards a desistance-focused approach to probation supervision for people who have committed Intimate Partner Violence: A digital toolkit pilot study." Probation Journal 68, no. 2 (March 23, 2021): 261–81. http://dx.doi.org/10.1177/02645505211002257.
Повний текст джерелаАнотація:
We analyse practitioner and service user reflections on a digitally enabled toolkit designed to enable desistance-focused conversations within routine probation supervision of men with convictions for Intimate Partner Violence in England and Wales. We explore how to embed inclusive therapeutic service provision within the role of public sector National Probation Service practitioners through the testimony of case managers (N = 9) and people on probation (N = 7). We discuss the strengths and challenges of the approach and its implementation. The findings are discussed in the context of: the forthcoming Domestic Abuse Bill; the renationalisation of probation; the recovery of probation services following the COVID-19 pandemic; and the emergence of technology that supports desistance.
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Vysotska, N. В. "LEGAL NATURE OF RESTRICTIVE MEASURES ESTABLISHED BY ART. 91-1 OF THE CRIMINAL CODE OF UKRAINE AND THEIR PLACE IN THE ACT OF CRIMINAL LEGISLATION." Scientific Herald of Sivershchyna. Series: Law 2022, no. 1 (March 31, 2022): 85–93. http://dx.doi.org/10.32755/sjlaw.2022.01.085.
Повний текст джерелаАнотація:
The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the adoption of the Law of Ukraine dated 6 December 2017 № 2227-VIII. However, during the discussion of the bill in scientific circles, the possibility of the institution of restrictive measures at the source of criminal law was questioned, given the administrative nature of such measures and not the criminal ones. It is stated that it is quite difficult to establish clear distinctions between measures of administrative and criminal influence. However, the criterion by which they can be distinguished, obviously, is the range of social relations to which their legal influence extends. The author noted that the criminal law nature of restrictive measures is due to the fact that they are applied in connection with the commission of a crime; the question of their application is decided simultaneously with the imposition of a sentence not related to imprisonment or release from criminal liability or punishment; they are applied in court. Key words: restrictive measures, legal nature of restrictive measures, measures of criminal law nature, security measures, prevention of domestic violence.
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Žižek, Slavoj. "Vold: Tyrannens blodige kappe." K&K - Kultur og Klasse 36, no. 105 (August 22, 2008): 12–39. http://dx.doi.org/10.7146/kok.v36i105.22037.
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Violence:The article analyses different kinds of violence and labels directly visible violence ‘subjective’ violence, while ‘symbolic’ violence is the violence embedded in language and ‘objective’ violence is the systemic violence of capitalism. In most cases in today’s society it is only subjective violence that is talked about as violence. This is a problem, the article argues, as it tends to prevent an adequate understanding of how capitalism actually functions. In the present historical situation an adequate understanding of capitalism ought to be more important than the need for an immediate political engagement. What is needed, the article argues, is a critical analysis of the present constellation of forces and powers. It is more revolutionary to read and analyse the present conjuncture, than fight the police or build barricades. The article then proceeds to discuss what it calls ‘liberal communism’ in the guise of entrepreneurial philanthropists such as Bill Gates who are engaged in philanthropic activities and try to do good with some of the huge amount of money they have earned. According to the article the liberal communists claim that we can have the global capitalist cake (thrive as profitable entrepreneurs) and eat it too (endorse the anti-capitalist causes of social responsibility, ecological concerns, etc.) In fact while they may be fighting subjective violence these liberal communists are the very agents of the structural violence that creates the conditions for such explosions of subjective violence. Precisely because liberal communists want to resolve all these secondary malfunctions of the global capital system, they are the direct embodiment of what is wrong with the system as such.
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Eddyono, Sri Wiyanti. "Criminal Code Draft and Protection for Victims of Gender Based Violence." Jurnal Perempuan 23, no. 2 (May 16, 2018): 65. http://dx.doi.org/10.34309/jp.v23i2.233.
Повний текст джерелаАнотація:
This paper analysis whether the Criminal Code Draft is oriented towards the interests and protection of the rights of victims especially women victims of gender-based violence. This paper uses juridical or normative research methods, through analysis on articles in the Criminal Code Draft. This study uses analytical framework of feminist legal theory which put law as a political product and often neglects the interests of women victims of violence that vary. This paper finds that the main orientation of the Criminal Code Draft is the interests of the perpetrator and the community, but not explicitly oriented to the victim's interests. It is assumed that with reference to the public interest then it has been victim-oriented. The victim is still seen as the party who helps to reveal the case alone, not the party who has suffered the loss so they need protection and reparation. The responsibility of the perpetrator is addressed to meet the interests of a sense of community justice, not a victim. In addition, some of the regulatory articles on criminal offenses still contain problems because the Criminal Code Bill prefer to compiles several laws outside the Criminal Code but does not revise articles which based on the experiences of the victims is difficult to implement, such as the arrangement of PKDRT (domestic violence). Furthermore, there are still articles that victimize victims by criminalizing those who are actually victims of gender-based violence.
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Pillay, Anton M. "The Language of Liberation and Perpetual Eternity." Thinker 89, no. 4 (November 6, 2021): 56–62. http://dx.doi.org/10.36615/thethinker.v89i4.690.
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The incarceration of the former South African President Jacob Zuma on charges of contempt of court sparked mass looting, destruction, and damage to a staggering economy attempting to navigate through Covid-19-related repercussions. Early estimates reveal that the initial damage report bill is a R50 billion knock on the country’s Gross Domestic Product (GDP). The level of orchestration behind the attacks alludes to state-sponsored violence, given Mr Zuma’s loyal sympathisers within the intelligence community and in the African National Congress. This research postulates that Mr Zuma’s political rhetoric served as the main inciting factor behind the destruction. Indeed, comparative analysis shows how many post-independence/liberation leaders have invoked a language of debt by virtue of their role as independence/liberation heroes to justify dismal governance records. What are the key features of this language of debt?
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Bows, Hannah, and Jonathan Herring. "Getting Away With Murder? A Review of the ‘Rough Sex Defence’." Journal of Criminal Law 84, no. 6 (June 29, 2020): 525–38. http://dx.doi.org/10.1177/0022018320936777.
Повний текст джерелаАнотація:
Several high-profile murders of women killed during alleged consensual sex ‘gone wrong’ have led to widespread calls for reform to prevent the use of what has been termed the ‘rough sex defence’. Concerns about the use of this ‘defence’ are located within broader concerns about the high rates of domestic abuse and fatal violence against women. Lobbyists, campaign groups and members of parliament have drawn attention to the increase in this ‘defence’ featuring in criminal cases in England and Wales and have consequently proposed two amendments to the Domestic Abuse Bill (2020), namely a statutory prohibition of consent as a defence to actual bodily or more serious harm, including death, and introducing additional scrutiny in charging decisions by requiring the Director of Public Prosecutions to authorise charges of manslaughter (rather than murder) in cases involving rough sex/sadomasochism (SM). This article provides a critical analysis of the use of rough sex/SM in female homicide cases and proposed legal reforms and concludes that the proposed reforms would fail to capture many of the ‘rough sex’ cases that have come before the courts in recent years and may not have the intended effect. We consider potential alternative approaches.
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Cheney, Kristen. "Locating Neocolonialism, “Tradition,” and Human Rights in Uganda's “Gay Death Penalty”." African Studies Review 55, no. 2 (September 2012): 77–95. http://dx.doi.org/10.1353/arw.2012.0031.
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Abstract:In 2009, the Anti-Homosexuality Bill introduced in Uganda's Parliament reignited homophobic sentiment across Africa. Despite a well-documented history of sexual diversity in Africa, claims that homosexuality is “un-African” are being used to justify violence and exclusion. This article, based primarily on a discursive analysis of public media sources, delves into various cultural logics that reveal the tensions and contradictions in Ugandans' widespread opposition to homosexuality. U.S. evangelical influence, postcolonial amnesia in regard to “tradition,” fertility concerns, and human rights exceptionalism drive this moral panic over issues of sexual diversity. Such sentiments must be addressed by confronting neocolonial religious influence and cultivating renewed respect for human rights and Africa's history of sexual diversity.
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Edwards, Susan SM. "Consent and the ‘Rough Sex’ Defence in Rape, Murder, Manslaughter and Gross Negligence." Journal of Criminal Law 84, no. 4 (July 24, 2020): 293–311. http://dx.doi.org/10.1177/0022018320943056.
Повний текст джерелаАнотація:
When women die at the hands of men, a not infrequent defence is that she consented to, or initiated, the beating, strangulation and penetration which contributed to her death. While strangulation has been a typical method of killing in male on female intimate partner homicide 1 for many decades (‘thou little recognised), what has changed is men’s excuses for their violence. Excuses such as ‘She made me lose my self-control in an argument’ or ‘She was unfaithful to me’ are being supplanted by ‘She consented to rough sex’. 2 Since the dead cannot speak, nor is there any property in the dead, the defendant’s tactic of impugning the deceased’s character cannot be easily rebutted, and he, while maligning her in this way, may profit from a lighter sentence. Law reformers, politicians, academics and activists 3 are pressing for legal reform to shut down this misogyny. On 16 June 2020, during the Public Committee stage of the Domestic Abuse Bill, 4 cls 4 and 5 were approved. Clause 4, ‘No defence for consent to death’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing death, it is not a defence to a prosecution that B consented to the infliction of injury. (2) Subsection (1) applies whether or not the death occurred in the course of a sadomasochistic encounter’. Clause 5, ‘No defence for consent to injury’, provides ‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing actual bodily harm or more serious injury, it is not a defence to a prosecution that B consented to the infliction of injury or asphyxiation. (2) Subsection (1) applies whether or not the actual bodily harm, non-fatal strangulation, or more serious injury occurred in the course of a sadomasochistic encounter’. These two new clauses would prevent the alleged consent of the victim from being used as a defence to a prosecution in intimate partner homicides and non-fatal assault which result in s 47 assault occasioning actual bodily harm, Offences Against the Person Act 1861, or more serious injury. Additional new clauses including, proposing that consent of the Director of Public Prosecutions would be required, in the case of death, to accept a charge to anything less than murder (cl 6); the requirement to consult with the family of the deceased regarding charges (cl 7); the prohibition of reference to sexual history of the deceased in domestic homicide trials (cl 10); anonymity of victims of domestic homicide (cl 11); and anonymity of domestic violence survivors (cl 14); the Parliamentary Under-Secretary of State for Justice (Alex Chalk), while sympathetic, said there were difficulties with the clauses in their present form. 5 Of the proposal to make non-fatal strangulation 6 (cl 8) a standalone offence, he considered that ‘creating a new offence could limit the circumstances covered, and create additional evidential burdens’. 7 These motions reflect the several debates since October 2019, when MPs, Harriet Harman and Mark Garnier, introduced the ‘No defence for consent’ amendment to the second reading of the Domestic Abuse Bill. 8 Since men also plead the ‘sexual consent defence’ on ‘first dates’, which may fall outside the definition of ‘domestic abuse’ as set out in the Bill, 9 a loophole also recognised by Alex Chalk at the Public Committee stage, 16 June 2020, this too will be addressed. 10 The murder of Grace Millane, in New Zealand 11 in 2018, murdered on a ‘first date’ provides such an example.
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Kizito, Kalemba. "Bequeathed Legacies: Colonialism and State led Homophobia in Uganda." Surveillance & Society 15, no. 3/4 (August 9, 2017): 567–72. http://dx.doi.org/10.24908/ss.v15i3/4.6617.
Повний текст джерелаАнотація:
British colonial involvement in Uganda, and continued western political and economic influence over the affairs of the global south, warrants critical examination if proper context of the Uganda Anti-Homosexuality Bill is to be understood. In response to the question, how did colonial legacy contribute to state led gendered violence against sexual minorities in Uganda? I advance the argument that authoritarianism and surveillance are both constitutive of colonial and imperial identity and practice, and that the violent attitudes towards gendered and sexual minorities in Uganda are a colonial inheritance. Using critical historiography, I argue that gendered violence, and homophobic attitudes in Uganda cannot be divorced from the seams of Western patriarchy and masculinisms cultivated through the export of legal and religious values. By arguing that surveillance historically was and continues to be a tool for imperial authority to superimpose itself upon formerly colonized territories, I hope to contribute to scholarship in surveillance studies that underscores the utility of history to critiques of the present day divide between western nations and third world former colonial territories.
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Pophaim, Jean-Paul. "Homeless victimisation in South Africa and its potential inclusion in the Hate Crime and Hate Speech Bill." South African Journal of Criminal Justice 34, no. 2 (2021): 259–80. http://dx.doi.org/10.47348/sacj/v34/i2a5.
Повний текст джерелаАнотація:
Homelessness is widely seen as a persistent social issue, one that has existed for many years. Although notably under-researched, there exist some reports of severe experiences of victimisation. Due to the very nature of their lifestyle and other external factors, homeless individuals can expect to, and often do experience violence and victimisation at disproportionate rates. Furthermore, homeless individuals are commonly viewed as a surplus population or a disposable mass that cannot possibly be regarded as what society considers an ‘ideal victim’. With the presence of negative socially constructed labels, they are frequently exposed to harsh treatment by other members of society and consequently stripped of their basic constitutional rights, where in many contexts, their very existence is criminalised. Protective legislation at a domestic level is a neglected area and is yet to align with some major international developments, where homeless victimisation has already been identified as a serious enough problem that arguments for its inclusion under hate crime legislation have already started to surface. This paper therefore aims to put forward an argument regarding the plausibility of including the status of homelessness as a new category under the developing Hate Crime and Hate Speech Bill of South Africa.
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FREIXO, A., and V. ARMELE. "A Lei Antiterrorismo brasileira e a circulação internacional de regimes jurídicos punitivos." Passagens: Revista Internacional de História Política e Cultura Jurídica 13, no. 1 (January 31, 2021): 105–28. http://dx.doi.org/10.15175/1984-2503-202113105.
Повний текст джерелаАнотація:
The Brazilian Anti-Terrorism Bill (no. 13.260/2016) was drafted and approved in the context of the street demonstrations to have occurred from 2013 to 2015 and the state violence to have erupted in their wake, linked to the major sporting events held over the period. An examination of the process by which this legislation was implemented prompts a debate over its constitution as a legal mechanism able to justify extraordinary measures within a formal democratic regime. It is based on this premise that an exploratory and explanatory analysis is provided of the social, political, and historical phenomena raised by the question debated in the article. Such an approach thus seeks to demonstrate how legal uncertainty – transmitted through the use of vague expressions – allows the state power to endow the Brazilian State with the capacity to act freely and to selectively frame social and political demonstrations as acts of terrorism.
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Saat, Norshahril. "Theologians “Moralising” Indonesia?" Asian Journal of Social Science 44, no. 4-5 (2016): 546–70. http://dx.doi.org/10.1163/15685314-04404005.
Повний текст джерелаАнотація:
After the fall of the New Order in 1998, the Ulama Council of Indonesia (MUI) has been in the limelight for many of its controversial and conservative fatwa (legal opinions). Formed in 1975 by President Suharto, MUI was intended to serve as an institution to manage and discipline dissent, challenges and defiance by grassroots organisations. However, recent writings point to its changing character: Its fatwas are becoming more conservative; it is more assertive and powerful; and its fatwas, particularly the 2005 SIPILIS (anti-secularism, pluralism and liberalism), are deemed as contributing to violence towards minorities. This article reassess the scholarly conclusions and media reports made about the relationship between MUI, the Indonesian state and society. Examining MUI’s attempt to define public morality as a case study, particularly its role in the 2008 pornography bill and efforts to “moralise” entertainment, the article argues that MUI is internally fragmented and weak.
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Shahzad, Aisha, Sadia Mahmood Falki, and Asma Sana Bilal. "TRANSFORMATION OF INDIAN NATIONALISM AND ‘OTHERIZATION’ OF MUSLIMS IN INDIA." Margalla Papers 25, no. 1 (June 30, 2021): 48–58. http://dx.doi.org/10.54690/margallapapers.25.1.50.
Повний текст джерелаАнотація:
India has altered its military stratagem under the Modi government from nuclear deterrence to offensive defence. The constant use of offensive defence in the milieu of deliberate political aggression against Pakistan and victimization of the Muslim community in India is making Indian military doctrine a hostage of hyper-nationalistic politics of Hindutva. Since its rise to power, the BJP government has conflated anti-Muslim and anti-Pakistan approaches. Pakistan remains a crucial factor in its domestic, diplomatic, and foreign policy rhetoric. The internal discord and surge of violence against the Muslim population, as evident by 2020-riots in north-eastern New Delhi, are indicative of vigorous reforming of the national identity of India dominated by Hindutva ideology. Therefore, this paper addresses Hindu nationalism, which arose as a political ideology and caused an insecure environment for Indian Muslims while becoming precarious for Pakistan. It infers that Hindu nationalism, along with its assimilation approach towards minorities, is gradually asserting exclusionary conception of a state where cultural and political centrality of Hindutva has become a core theme.
Bibliography Entry
Shahzad, Aisha, Sadia Mahmood Falki, and Asma Sana Bilal. 2021. "Transformation of Indian Nationalism and ‘Otherization’ of Muslims in India." Margalla Papers 25 (1): 48-58.
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Shahzad, Aisha, Sadia Mahmood Falki, and Asma Sana Bilal. "TRANSFORMATION OF INDIAN NATIONALISM AND ‘OTHERIZATION’ OF MUSLIMS IN INDIA." Margalla Papers 25, no. 1 (June 30, 2021): 48–58. http://dx.doi.org/10.54690/margallapapers.25.1.50.
Повний текст джерелаАнотація:
India has altered its military stratagem under the Modi government from nuclear deterrence to offensive defence. The constant use of offensive defence in the milieu of deliberate political aggression against Pakistan and victimization of the Muslim community in India is making Indian military doctrine a hostage of hyper-nationalistic politics of Hindutva. Since its rise to power, the BJP government has conflated anti-Muslim and anti-Pakistan approaches. Pakistan remains a crucial factor in its domestic, diplomatic, and foreign policy rhetoric. The internal discord and surge of violence against the Muslim population, as evident by 2020-riots in north-eastern New Delhi, are indicative of vigorous reforming of the national identity of India dominated by Hindutva ideology. Therefore, this paper addresses Hindu nationalism, which arose as a political ideology and caused an insecure environment for Indian Muslims while becoming precarious for Pakistan. It infers that Hindu nationalism, along with its assimilation approach towards minorities, is gradually asserting exclusionary conception of a state where cultural and political centrality of Hindutva has become a core theme.
Bibliography Entry
Shahzad, Aisha, Sadia Mahmood Falki, and Asma Sana Bilal. 2021. "Transformation of Indian Nationalism and ‘Otherization’ of Muslims in India." Margalla Papers 25 (1): 48-58.
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Butt, Beenish Ijaz, Uzma Ashiq, and Nargis Abbas. "Pro-women Laws and Government Masquerading: A Description of Pre-independence and Post-independence Women Legislative Framework in Pakistan." Review of Education, Administration & LAW 3, no. 3 (December 31, 2020): 395–401. http://dx.doi.org/10.47067/real.v3i3.84.
Повний текст джерелаАнотація:
This paper presents the historical account of women welfare laws in Pakistan in the light of political-historical events. This article is based on conventional content analysis focusing the women welfare in Pakistan under the different governments. The purpose of this research is to describe the original situations behind the pro-women laws in Pakistan. Present study is comprised of two sections; section-I deals with the pre-independence women legislative frame work while section-II covers with the post-independence women legislative frame work in Pakistan from 1947 to 2010. Under the new born state, first effort was made by promulgating MFLO, 1961 by the state but it could not uplift the status of women in the country. Even women could not get welfare under the banner of “Islamization of laws” in 1979. Again, a state effort was made by promulgating laws under “Women Protection Bill” but despite this promulgation of a number of laws in the present century, much remains to be done for such oppressed group. They are still in social malaise and face poverty, discrimination, violence, and disparity on different grounds. Observing from the historical account, discriminatory welfare measures deny women constitutionally guaranteed parity and protections. Hence; seems to be suppressing women status through anti-welfare steps in Pakistan. Pakistan should repeal all such laws, including the discriminatory legislation, to end the state-certified gender disparity that has destabilized women’s welfare and self-assurance and has promoted violence and intolerance in the country.
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Albrecht, Lawrence G. "Symposium Editor's Introduction." Journal of Law and Religion 5, no. 2 (1987): 259–62. http://dx.doi.org/10.1017/s0748081400011541.
Повний текст джерелаАнотація:
Valparaiso University School of Law and the Christian Legal Society annually present a symposium on a critical public issue which is examined from a variety of perspectives. Between October 28-31, 1987, a major symposium was held entitled: “Perspectives on South African Liberation.” In the light of press and other media restrictions in effect since a state of emergency was declared in South Africa on June 12, 1986, and the banning of all political activity by 17 anti-apartheid organizations on February 24, 1988, it is crucial that the world community have access to current information and analysis concerning developments in that tragic land.The Pretoria regime has renewed the state of emergency for a third year following an unprecedented three-day nationwide protest strike on June 6-8 by more than two million black workers mobilized by the Congress of South African Trade Unions (COSATU) and other anti-apartheid groups to protest the recent bannings, a proposed restrictive labor bill, the continuation of apartheid and the regime's violence. These comments are written on June 16, the 12th anniversary of the Soweto student uprising (now commonly known as South African Youth Day) as several million black workers again defied the regime by staying away from work in honor of the hundred of blacks killed following the 1976 protests against apartheid education.
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Quinn, Genevieve. "“Do Gun Policy Specifics Matter? Hyper-Polarization And The Decline Of Vote Splitting In Congress”." Forum 18, no. 2 (September 29, 2020): 249–82. http://dx.doi.org/10.1515/for-2020-2007.
Повний текст джерелаАнотація:
AbstractBy tracing the changing electoral incentives and political circumstances of partisans in Congress over time, this paper unpacks how and why substantive policy content has lost its relevance for influencing Congressional voting on gun control. It argues that as gun control positions have crystallized to become part of partisan identity, policy specifics have come to matter less for partisans in Congress than the general pro gun control or pro gun rights position that a piece of legislation symbolizes. Today, regardless of the specific policy contents of a bill, a gun vote serves as a signaling device from members of Congress to their partisan supporters that they are either passionate defenders of the Second Amendment (Republicans) or fierce protectors of America’s children from gun violence (Democrats). That policy content has lost its relevance for Congressional voting on gun control is evident through the marked decline in vote splitting, the extinction of gun control moderates, and the all or nothing voting behavior of partisan shifters – those formerly pro-control Republicans, anti-control Democrats, and gun control moderates who shifted positions over time to vote the party line.
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Takim, Liyakat. "Islam in the Hinterlands." American Journal of Islam and Society 31, no. 2 (April 1, 2014): 111–14. http://dx.doi.org/10.35632/ajis.v31i2.1042.
Повний текст джерелаАнотація:
There have been few studies on Islam in Canada. Hence this publication is awelcome addition to the list. Its ten chapters, divided into four sections, examinediverse issues regarding Muslim cultural politics in the Canadian hinterlands.More specifically, it seeks to understand how they have been affectedby the post-9/11 era of wars, domestic security policies, calls for reformation,and media sensationalism, as well as how these, combined with racial and re-ligious profiling, have impacted Muslims in the Canadian diaspora. The booktries to construct multiple readings of Islam and Muslims by examining thiscommunity within its social, cultural, educational, and political settings andthe integration of these diverse factors in the formation of the national Islamicmosaic.The first section covers gender, race, the Shari‘ah debate, and Muslimwomen’s political engagement. Section 2 focusses on media representationand examines the construction of the “Muslim other” post-9/11, the politicsof reform as articulated by two Muslim female journalists, and the representationof Canadian Islam in a popular Muslim sitcom. An important theme insection 3 is the civic engagement of the country’s Islamic schools. The lastsection looks at security issues and the targeting and profiling of Muslims inpost-9/11 Canada.As Jasmine Zine correctly points out in the introduction, Muslims havebeen living peacefully in Canada since the middle of the nineteenth centuryand are proud to be Canadian. However, since 9/11 the debate on their integrationinto the mosaic and their appropriation of Canadian values has intensified,especially in Quebec, where discrimination and prejudice haveincreased due to the issue of veiling. Women who choose to veil are exiledfrom public services and space by means of Bill 94. In essence they are portrayedas victims of patriarchal violence ...
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Lee, Sang-Wook. "Chinese Anti-Domestic Violence Law." Korean Society Of Family Law 31, no. 1 (November 30, 2017): 345–72. http://dx.doi.org/10.31998/ksfl.2017.31.3.345.
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Schmidt, Susan. "Child Maltreatment & Child Migration: Abuse Disclosures by Central American and Mexican Unaccompanied Migrant Children." Journal on Migration and Human Security 10, no. 1 (February 23, 2022): 77–92. http://dx.doi.org/10.1177/23315024221078951.
Повний текст джерелаАнотація:
While gang violence, community violence, and domestic violence have been recognized as contributing factors to Central American migration, less is known about the intersection between child maltreatment and migration. This article uses secondary data from United Nations High Commissioner for Refugees (UNHCR) interviews with unaccompanied minors from Central America and Mexico to examine child maltreatment. It provides information on the abused children, their abusers, and the questions that led to their disclosure of maltreatment. It finds that girls reported maltreatment at higher rates than boys; only girls in this sample reported sexual abuse and intimate partner violence; and boys experienced physical abuse more than any other form of maltreatment. Overall, girls experienced all forms of abuse at higher rate than boys. Fewer than half of this sample described maltreatment as an explicit reason for migration, even those who viewed it as a type of suffering, harm or danger. In addition, some disclosures suggest that childhood transitions, such as in housing, schooling, or work status, warrant further inquiry as a potential consequence of or contributor to maltreatment. The article recommends that professionals engaged with migrant children in social services, legal services, or migration protection and status adjudications should inquire about maltreatment, recognizing that children may reveal abuse in complex and indirect ways. Protection risks within the home or family environment may provide the grounds for US legal immigration protections, such as Special Immigrant Juvenile Status (SIJS) or asylum. Practitioners working with unaccompanied migrant children should use varied approaches to inquire about home country maltreatment experiences. Maltreatment may be part of the context of child migration, whether or not it is explicitly mentioned by children as a reason for migration. Policy Recommendations US Citizenship and Immigration Services (USCIS) should update SIJS regulations to reflect changes in the law, and modify application procedures to incorporate research knowledge on the impact of trauma on children. The US Departments of Homeland Security (DHS), Justice (DOJ), and Health and Human Services (HHS), should ensure that all children in immigration proceedings receive legal representation through public-private partnerships overseen by the HHS Office of Refugee Resettlement (ORR). Passage of Senate Bill 3108, the Fair Day in Court for Kids Act of 2021, 1 would at least guarantee legal representation for unaccompanied minors. Codify legal standards (via USCIS regulation, or Congressional statute) for granting asylum based on gender and gender-based violence, and include standards for children and youth. Adjudicators from USCIS, Asylum Offices, and the Executive Office for Immigration Review (EOIR) should consider new information about painful, traumatic, or shame-inducing experiences—such as child maltreatment—as part of the gradual process of disclosure, rather than negatively reflecting on the credibility of the applicant. Federal agencies with immigration responsibilities such as USCIS, Immigration and Customs Enforcement (ICE), and ORR, should be included in the federal government’s Substance Abuse and Mental Health Services Administration’s (SAMHSA) Interagency Task Force for Trauma-Informed Care. These agencies should require new trainings for immigration adjudicators, including immigration judges, asylum officers, Border Patrol agents, and Customs and Border Patrol (CBP) officers, on interviewing and making decisions related to children. Legal service providers should adopt a holistic approach to service provision that includes social workers as part of the child’s legal team.
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Tian, Tingting. "The Governmental Responsibility of Relief Measure in the Process of Implementing Anti-Domestic Violence." Journal of Educational Theory and Management 1, no. 1 (October 16, 2017): 123. http://dx.doi.org/10.26549/jetm.v1i1.588.
Повний текст джерелаАнотація:
The frst Anti-Domestic Violence Law of the People's Republic of China came into effect on March 1, 2016, which flledthe vacancy of anti-domestic violence law in the legal system of China. The anti-domestic violence law is aimed at preventing andavoiding domestic violence, protecting lawful rights and interests of family members, maintaining a peaceful, harmonious and civilized family relation and promoting family harmony and social stability. The process of implementing the anti-domestic violencelaw is not accomplished at one stroke; instead, it is a systematic engineering needing to be done with efforts from all directions. Thegovernment, as the strongest supporter of citizens, shall take corresponding responsibilities in the process of implementing the anti-domestic violence law, especially the governmental responsibility of relief measure in the process of implementing anti-domesticviolence.
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Ajogwu, Idachaba Martins. "Critical Examination of Hate Speech in Nigeria." American Journal of Society and Law 1, no. 1 (November 21, 2022): 17–30. http://dx.doi.org/10.54536/ajsl.v1i1.620.
Повний текст джерелаАнотація:
Hate speech touches on contested issues of dignity, free expression, liberty and democracy. It can thus be argued that there is a conflict between the right to freely advocate however distasteful the idea may be and the right to be free from prejudice and discrimination. In some circumstances, speech is restrained and the right to non-discrimination is preferred over free speech. Hate speech has been used invariably to mean expression which is abusive, insulting, intimidating, harassing or which incites violence, hatred, discrimination against group identified by characteristics such as race, religion, place of birth, residence, region, language, caste, community, sexual orientation or personal convictions. The methodology adopted in this paper was doctrinal. Both primary and secondary sources were employed in carrying out this paper. The finding of the paper is that asides from Nigeria, various countries of the world have adopted some measures to deal with hate speech and other related issues. While some countries have clearly defined laws, some others find it quite unnecessary to create laws that seek to regulate hate speech as it is perceived as an infringement to the fundamental human rights of freedom of expression. This paper recommended that the existing Cyber Crimes Act and the Anti-Terrorism Act, among other pre-existing regulations cover many of the offences the new bill seek to address rather than waste valuable resources on the enactment of fresh laws to enable effective implementation and avoid a situation of plurality of laws. Perhaps one of the most effective ways of combating hate speech would be to marginalize purveyors of such speeches. In the U.K., while far-right, fascist parties like the British National Party and the racist ideas they support are not banned, mainstream British politician avoid associating openly with members of such parties. In Nigeria, on the other hand, offensive and hate speech mongers are often seen as regional and ethnic heroes.
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Scott, Rebecca J. "Discerning a Dignitary Offense: The Concept of Equal “Public Rights” during Reconstruction." Law and History Review 38, no. 3 (August 2020): 519–53. http://dx.doi.org/10.1017/s0738248020000255.
Повний текст джерелаАнотація:
The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language of the Fourteenth Amendment, a dignity-based legal theory of affirmative equal rights had by 1867 taken center stage in the cosmopolitan city of New Orleans. Activists formulated the concept of “public rights” as a claim to participation without discrimination in the entire sphere of “common life.” Elections for delegates to Louisiana's Constitutional Convention of 1867–68, held under the broad suffrage mandated by the Military Reconstruction Acts, yielded a convention in which half of the members were men of African descent. Seeking the “impartial treatment of all men” in “[c]hurches, hotels, cars, steamboats, theaters, stores, even schools,” the convention crafted a Bill of Rights that affirmatively guaranteed to all of the state's citizens “the same civil, political, and public rights,” independent of race or color. These innovations in the defense of human rights under law drew from a deep well of anti-caste thinking developed in domestic and transnational discussions conducted in both French and English, with participants from both sides of the Atlantic and the Caribbean. Cosmopolitan progressives such as Edouard Tinchant and Jean-Charles Houzeau worked with Louisiana-born activists including Louis Charles Roudanez, Simeon Belden, and Paul Trévigne to develop and advance the idea of public rights. Legislators crafted and passed state statutes that provided for civil penalties for violation of these rights, along with a private cause of action that could yield both actual and exemplary damages. Throughout the 1870s, however, advocates met a fierce white-supremacist counterattack, one that fused obstructionist litigation, vote suppression, and vigilante violence. A claim to equal treatment under the 1868 constitution was won in the state courts by Josephine Decuir, but was overturned in 1877 at the United States Supreme Court. With the ascent of the Democratic Party, white supremacists–including the lawyer/vigilante Robert Hardin Marr-took their seats on the state Supreme Court. By 1879, the public rights guarantees had been expunged from the state's constitution. Nonetheless, for a crucial decade, the cross-racial politics of Louisiana had overcome many of the deficits of legitimacy that often undercut moments of transitional lawmaking. Delegates to the 1867–68 Constitutional Convention took the opportunity to spell out specific positive rights that they saw as essential to full civil freedom. And at the center, they placed their insistence that the state had an obligation to assure that men and women of color would not be subjected to forced indignity in the public sphere.
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Mahfud, Mahfud, and Rizanizarli Rizanizarli. "Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 4 (June 30, 2021): 387–400. http://dx.doi.org/10.25041/fiatjustisia.v15no4.2276.
Повний текст джерелаАнотація:
Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.
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JAVAKHISHVILI, NINO, and GVANTSA JIBLADZE. "Analysis of Anti-Domestic Violence Policy Implementation in Georgia Using Contextual Interaction Theory (CIT)." Journal of Social Policy 47, no. 2 (July 25, 2017): 317–34. http://dx.doi.org/10.1017/s0047279417000551.
Повний текст джерелаАнотація:
AbstractThis study examines the development of anti-domestic-violence policy implementation in an emerging democracy, the country of Georgia. We applied a public policy framework – Contextual Interaction Theory (CIT) – which enabled us to thoroughly examine factors contributing to drawbacks in anti-domestic-violence policy implementation. The CIT framework was enriched by expanding it to the scale of the national anti-domestic-violence policy and placing greater emphasis on the victim. The qualitative analysis of in-depth interviews and media reveals that public policy implementers lack motivation, information and power to be able to really implement the anti-domestic-violence policy. The CIT analysis of domestic violence (DV) policies demonstrates that DV problems are further exacerbated by the contextual factors of societal attitudes in terms of gender inequality and social acceptance of DV, which creates unfavorable context for the realisation of the anti-DV policy. In such circumstances, according to the CIT, only symbolic realisation of a policy takes place. The use of CIT as a tool for the implementation of a policy will provide substantial input into its realisation. Based on this theory, it is crucial to increase information, motivation and power of implementers, as well as change the context for the anti-DV policy to be actually implemented.
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Direk, Zeynep. "Confronting Domestic Violence in Turkey." Eco-ethica 8 (2019): 75–92. http://dx.doi.org/10.5840/ecoethica202052718.
Повний текст джерелаАнотація:
In this paper, I discuss how Turkish feminists have approached the phenomenon of male violence in Turkey as a political problem by following the feminist precept that the private is public. In the last twenty years, feminist activists in media have made male violence increasingly visible, by criticizing the framing of femicides as fatalities of jealousy and love. I argue that Turkish feminists do not consider male violence as just a “situation” or a structure of “oppression.” They problematize it as systematic political violence, which calls for a critique of the anti-feminist state policies that restitute masculine supremacy by the promotion of patriarchal values. The political consolidation of masculinity by the rejection of gender equality is a key aspect of authoritarianism. Turkish government does not frame domestic violence as a women’s problem but as a family problem. In contrast, feminist arguments invite the government to confront domestic violence as male violence. I suggest that the male violence that women experience in Turkey can be seen as a manifestation of bio-power at the age of the crisis of neo-liberalism.
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Wies, Jennifer R. "ANTI-DOMESTIC VIOLENCE COALITION PRACTICE: THEORIZING COLLABORATION AND PARTICIPATION." Annals of Anthropological Practice 35, no. 2 (November 2011): 66–78. http://dx.doi.org/10.1111/j.2153-9588.2011.01082.x.
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Shpiliarevych, Viktoriia. "Some aspects of the study of international standards in the field of combating domestic violence and its impact on the criminal law policy of Ukraine." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 140–52. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-12.
Повний текст джерелаАнотація:
The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.
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Farmawati, Cintami. "Peningkatan Peran Masyarakat dalam Pencegahan KDRT Melalui Penyuluhan Anti Kekerasan Berbasis Gender." MUWAZAH 10, no. 2 (December 25, 2018): 138. http://dx.doi.org/10.28918/muwazah.v10i2.1779.
Повний текст джерелаАнотація:
The research of participatory aims to increase community participation in prevention of domestic violence, through counseling against gender based violence. Research location in Semarang. Data collection techniques using direct observation, interviews with counseling participants, pre test and post test. The results of the analysis show that, there is an increase in people's knowledge and understanding of the Law on the Elimination of Domestic Violence, the situation of gender based violence and the problem of assistance and government programs in the elimination of gender based violence. In addition, there is a change in attitude shown through participant participation in activities, the ability to explain and describe the material that has been conveyed by the resource person, conveying ideas and thoughts about the steps and solutions that can be done in removing gender-based violence, and then domestic violence. Therefore, a religious approach should be developed to reduce religious fundamentalism which is detrimental to women in various extension, socialization, campaign and other activities
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Turteltaub, Jack. "Stop Abuse for Everyone: Interviews With Founders of a Pioneering Anti–Domestic Violence Nonprofit." Partner Abuse 1, no. 4 (October 2010): 463–74. http://dx.doi.org/10.1891/1946-6560.1.4.463.
Повний текст джерелаАнотація:
History and overview of Stop Abuse for Everyone (SAFE), a nonprofit developed in the 1990s initially to help males and other underserved victims of domestic violence. The article describes the original founder’s experience as a nonabusive male in a marriage with a violent female spouse and his recognition that his marriage did not fit ideological feminist theories or the Duluth model treatment approach to domestic violence, both of which emphasize male culpability for violence in intimate relationships. The article discusses the creation of a Web site and then the formation of the nonprofit. Four founders of SAFE are interviewed, and SAFE’s brochure program, speakers bureau, and state chapters are discussed. SAFE’s contribution to the national debate about the role of gender in domestic violence, involvement in the revision of the Violence Against Women Act, and efforts to develop a more nuanced, dynamic model of domestic violence in the context of various gender/sexual orientation configurations are reviewed.
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Crichton- Hill, Yvonne. "Changing landscapes: Responding to domestic violence in New Zealand." Aotearoa New Zealand Social Work 22, no. 4 (July 8, 2016): 12–19. http://dx.doi.org/10.11157/anzswj-vol22iss4id31.
Повний текст джерелаАнотація:
Domestic violence is not a recent phenomenon; rather it is one which has endured. To understand professional social work responses to domestic violence it is necessary to examine theories of causation since these inform ideas about intervention. How social work responds to domestic violence is context dependent. This article examines the causal explanations and contextual factors that have shaped New Zealand’s social work response to domestic violence. Suggestions are made for maximising a multifaceted, anti-discriminatory approach to practice.