scholarly journals The European committee for the prevention of torture and the gendered experience of imprisonment

2021 ◽  
Author(s):  
Ciara O’Connell ◽  
Eva Aizpurua ◽  
Mary Rogan
Keyword(s):  
Specific Treatment ◽  
Legal Framework ◽  
Gender Composition ◽  
Transgender People ◽  
European Committee ◽  
Degrading Treatment ◽  
Male Experience ◽  
Potential Impact ◽  
Gender Specific ◽  
Oversight Body

AbstractThe European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is a supranational prison oversight body tasked with carrying out visits to places of detention across Europe. Prisons fall within the remit of the CPT, and much like prisons themselves, CPT prison visits tend to focus on the male experience of imprisonment. However, the experience of imprisonment is inherently gendered and, as such, the experiences, treatment and needs of cisgender men do not necessarily represent those of cisgender women and transgender people in prison. Therefore, it follows that a different approach is also required when it comes to prison monitoring activities carried out by the CPT. This paper introduces CPT standards and the international legal framework on gender and imprisonment. It reflects on analysis of three years of CPT reporting to explore how the CPT considers the gendered experience of imprisonment. To this end, the paper considers the potential impact of the gender composition of CPT delegations, as well as provides a descriptive content analysis of CPT reports to determine how the CPT accounts for gender-specific treatment and conditions in prison. This paper poses questions and provides suggestions around how gender can be made more central across all human rights monitoring bodies operating in the penal field, both internationally and domestically.

scholarly journals SPECIFIC TREATMENT AND RIGHTS OF WOMEN DEPRIVED OF LIBERTY

2017 ◽  
pp. 245
Author(s):  
Milica Stanojević
Keyword(s):  
Women's Rights ◽  
Specific Treatment ◽  
Women’S Rights ◽  
Crucial Importance ◽  
Human Right ◽  
European Committee ◽  
Psychology Of Women ◽  
The Status ◽  
Degrading Treatment ◽  
The Right

This paper discusses the rights of women prisoners as a special category of persons deprived of the fundamental human right - the right to liberty. The author focuses on women's rights in detention and in the course of serving a prison sentence. The specificities related to the status and treatment of women in conditions of social isolation are primarily attributable to their biological disposition. Quite often, they are pregnant or about to give birth, or already have children, in which case the protection of maternity is of crucial importance, particularly considering the fact that they are away from their home and family. One of the main problems in dealing with women’s rights in general and in the Serbian penitentiary system in particular is the lack of sensitivity to the specific needs and psychology of women. In that context, the author refers to the conclusions of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment.

Conjoint or Gender-Specific Treatment for Partner Abuse?

2000 ◽  
Author(s):  
K. D. O'Leary ◽  
R. E. Heyman ◽  
P. H. Neidig
Keyword(s):  
Partner Abuse ◽  
Specific Treatment ◽  
Gender Specific

Italian Practice in the Implementation of International Targeted Sanctions: Enhanced Protection or Additional Complexities?

2018 ◽  
Vol 27 (1) ◽  
pp. 93-114
Author(s):  
Elena Carpanelli
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Human Rights Violations ◽  
Individual Rights ◽  
Practical Application ◽  
Private Interests ◽  
Critical Issues ◽  
Potential Impact ◽  
Restrictive Measures ◽  
Domestic Level

The proliferation of UN and EU targeted sanctions and their potential impact on individual rights and private interests require constantly monitoring how Member States implement such restrictive measures within their own domestic legal systems. This article focuses specifically on Italian practice in the implementation of UN and EU-mandated targeted sanctions. In so doing, it first dissects the relevant legal framework currently in place at the domestic level, taking into particular account the main novelties brought about by legislative decree (D. Lgs.) No. 90/2017. It then underscores some critical issues and shortcomings potentially stemming from its practical application. Finally, this article purports to examine the recent institution of a “domestic sanctions regime” and questions whether it might, in practice, end up rising additional grounds of concern, other then those already emerging from the implementation of UN and EU-mandated targeted sanctions, especially in terms of lack of adequate procedural guarantees for alleged human rights violations.

scholarly journals Fertility Decline in Rwanda: Is Gender Preference in the Way?

2013 ◽  
Vol 2013 ◽  
pp. 1-9 ◽  
Author(s):  
Ignace Habimana Kabano ◽  
Annelet Broekhuis ◽  
Pieter Hooimeijer
Keyword(s):  
Health Surveys ◽  
Gender Composition ◽  
Demographic And Health Surveys ◽  
Gender Preference ◽  
Parity Progression ◽  
Single Gender ◽  
Community Based ◽  
Living Children ◽  
Mixed Gender ◽  
Gender Specific

In 2007 Rwanda launched a campaign to promote 3 children families and a program of community based health services to improve reproductive health. This paper argues that mixed gender offspring is still an important insurance for old age in Rwanda and that to arrive at the desired gender composition women might have to progress beyond parity 3. The analyses are twofold. The first is the parity progression desire given the gender of living children. The second is gender specific replacement intention following the loss of the last or only son or daughter. Using the Demographic and Health Surveys of 2000, 2005, and 2010, we show that child mortality does not lead to extra parity progression beyond three, while having single gender offspring does and even more so when this is the result of the loss of the last son or daughter.

Mandating Inclusion: Critical Trans Perspectives on Domestic and Sexual Violence Advocacy

2019 ◽  
Vol 26 (6-7) ◽  
pp. 531-554 ◽  
Author(s):  
Sid P. Jordan ◽  
Gita R. Mehrotra ◽  
Kiyomi A. Fujikawa
Keyword(s):  
Sexual Violence ◽  
Gender Based Violence ◽  
Advocacy Organizations ◽  
Transgender People ◽  
Violence Against Women Act ◽  
Legal Responses ◽  
Contingent Access ◽  
Gender Based ◽  
Depth Interviews ◽  
Gender Specific

In 2013, the Violence Against Women Act became one of the first federal laws to explicitly prohibit discrimination against transgender people, yet little is known about its impact in practice. This qualitative study draws on in-depth interviews with transgender people working in domestic and sexual violence advocacy organizations. Building on critical and intersectional perspectives, the findings suggest that the persistence of inequities for trans survivors are tied to the reliance on criminal legal responses, contingent access to gender-specific services, compliance-focused approaches to inclusion, operating theories of gender-based violence, and the diversion of responsibility to LGBTQ (lesbian, gay, bisexual, transgender and queer) programs. This study highlights the participants’ recommendations for change.

scholarly journals Algunos de los desafíos legales y políticos que debe afrontar el movimiento de independencia de Quebec

2016 ◽  
pp. 135 ◽  
Author(s):  
Jean-François Gaudreault-Desbiens
Keyword(s):  
Legal Framework ◽  
Supreme Court Of Canada ◽  
Independence Movement ◽  
Political Events ◽  
Legal Foundation ◽  
The Supreme Court ◽  
Potential Impact ◽  
The Right ◽  
Democratic Country ◽  
Secessionist Movement

El movimiento secesionista de Quebec, uno de los más antiguos de ese tipo en un país democrático, continúa suscitando interés en otras partes del mundo. Pero este movimiento actualmente se enfrenta importantes desafíos. El objetivo principal de este artículo es de proporcionar a sus lectores una visión general de algunos de los principales obstáculos políticos y legales que afronta en la actualidad el movimiento independentista de Quebec. El primero obstáculo se debe poner en relación con el marco legal aplicable al intento de secesión provincial desde la decisión de 1998, del Tribunal Supremo de Canadá en la Reference re Secession of Quebec. El segundo se encuentra en el impacto potencial del proceso del reciente referéndum en Escocia sobre la estrategia del movimiento secesionista de Quebec. El tercero se creó como consecuencia de la división interna de este movimiento. Por último, se estudia una nueva pretendida base legal para reivindicar la secesión, es decir, el denominado «derecho a decidir», en tanto distinto del derecho a la auto-determinación externa.Quebec’s secessionist movement is one of the oldest of the sort in any democratic country. This paper seeks to provide an overview of some of the main political and legal hurdles currently faced by the Quebec independence movement. First it revisits the domestic legal framework applicable to a provincial secession attempt since the seminal 1998 opinion of the Supreme Court of Canada in Reference re Secession of Quebec, which was a major game changer in the debate over Quebec’s potential secession. Then it examines the potential impact of recent political events, as the Scotland’s recent referendum process, on the strategy of the Quebec secessionist movement. And last it looks at an alleged new legal foundation for secession, i.e. a so-called “right to decide” distinct from the right to external self-determination.

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