Gender, Internal Armed Conflict, and High Court Decision-Making in Transitioning Societies

2021 ◽  
Author(s):  
Lee Demetrius Walker ◽  
Melissa Martinez ◽  
Christopher Pace
Keyword(s):  
Decision Making ◽  
Court Decision ◽  
Internal Conflict ◽  
Political Rights ◽  
Habeas Corpus ◽  
High Court ◽  
Men 2 ◽  
Civil And Political Rights ◽  
And Gender ◽  
Conflict Intensity

Abstract Building on research that applies the policy deference model to high court decision-making during external war, we propose that conflict intensity, political government's preference on liberalization, and the gender of appellant impact the manner in which courts follow policy deference during internal war in transitioning countries. Contextually, we argue that shifts in women's roles and gender relations during internal conflict in transitioning societies condition the manner in which civilian courts make decisions on civil and political rights cases. During external war in advanced democracies, policy deference infers that courts will rule more conservatively on civil and political rights cases. Using habeas corpus cases as a representation of civil and political rights’ protection from El Salvador's civil war period (1980–1992) and two measures of conflict intensity, our findings indicate that the court's decision-making process deviates from conventional expectations derived from the policy deference model in three ways: (1) conflict intensity solely affects the court's decision-making on habeas corpus cases involving men; (2) the political government's choice for political liberalization affects the court's decision-making on both women and men cases; and (3) gender conditions the manner in which policy deference applies in a society that is experiencing societal change.

scholarly journals SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Tjokorda Istri Putra Astiti
Keyword(s):  
Domestic Violence ◽  
Gender Equity ◽  
Violence Against Women ◽  
The Other ◽  
Court Decision ◽  
District Court ◽  
Gender Justice ◽  
High Court ◽  
Other Hand ◽  
And Gender

This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule  whichare  applied by the Judges on the cases, and  reveal whether the  decision  under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and  threedecisions  of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling.  Based on the analysis of the six decisions mentioned above ,  can be concludedas following:1)  The rule applied by the judge in hanling the concrete cases  regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2)  Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed,  in one hand show synchronization and the other hand show differentiation.  In this case, synchronization and differentiation  can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other).  3)  That the decision of the District and the High Court,  either have reflected gendersensitively and gender equity.

Models of State High Court Decision Making in Sex Discrimination Cases

1986 ◽  
Vol 48 (1) ◽  
pp. 143-155 ◽  
Author(s):  
Gerard S. Gryski ◽  
Eleanor C. Main ◽  
William J. Dixon
Keyword(s):  
Decision Making ◽  
Sex Discrimination ◽  
Court Decision ◽  
High Court

Compensation for Wrongful Conviction/Miscarriage of Justice in Hong Kong in Light of A v Secretary for Justice and Another [2020] hkcfi 427; hcal 176/2018 (11 March 2020)

2021 ◽  
pp. 1-21
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Hong Kong ◽  
Political Rights ◽  
Bill Of Rights ◽  
Wrongful Conviction ◽  
High Court ◽  
The Future ◽  
Civil And Political Rights ◽  
The Right ◽  
First Time ◽  
Miscarriage Of Justice

Abstract Article 14(6) of the International Covenant on Civil and Political Rights (iccpr) provides for the right to compensation for wrongful conviction or miscarriage of justice. In Hong Kong, there are two compensation schemes for people who have been wrongfully convicted – the statutory scheme under Article 11(5) of the Bill of Rights Ordinance and the ex gratia scheme (also applicable to wrongful imprisonment). Although there are cases in which Hong Kong courts have dealt with the right to compensation under the ex gratia scheme, it was only in March 2020, in A v Secretary for Justice and Another, that the High Court, for the first time, dealt with a case on the right to compensation under Article 11(5). In this article, the author discusses the right to compensation for wrongful conviction in Hong Kong generally and in particular under Article 11(5) of the Bill of Rights Ordinance. The author deals with the case of A v Secretary for Justice and Another and illustrates how the High Court’s interpretation of Article 11(5) of the Bill of Rights Ordinance is likely to impact on the right to compensation for wrongful conviction in Hong Kong in the future.

scholarly journals Testing the WPS Agenda

2018 ◽  
pp. 552-568
Author(s):  
Claire Duncanson ◽  
Vanessa Farr
Keyword(s):  
Security Council ◽  
Military Intervention ◽  
United Nations Security Council ◽  
Social Rights ◽  
Political Rights ◽  
Un Security Council ◽  
Relative Neglect ◽  
Civil And Political Rights ◽  
And Gender ◽  
Just Peace

Military intervention in Afghanistan was launched only weeks after the adoption of UN Security Council Resolution 1325 on Women, Peace, and Security (WPS). Yet, there was no mention of Resolution 1325 in any of the resolutions passed by the United Nations Security Council on Afghanistan in 2001, and gender-just peace remains elusive in Afghanistan. This chapter explores the reasons why the WPS agenda had such little traction in what could be considered its first testing ground, and how it might even have been counterproductive. After examining efforts to implement the WPS agenda in each of its four pillars, we suggest three key interconnected reasons for the limited progress: the self-interested nature of the intervening powers, the legacies of decades of conflict and intervention in Afghanistan, and the WPS agenda’s emphasis on civil and political rights and relative neglect of women’s economic and social rights. We conclude with suggestions for enhancing women’s security and participation in Afghanistan and the WPS agenda more broadly.

The Integral Nature of Ethnicity and Religion during Northern Ireland’s Troubles

2018 ◽  
Vol 41 (1-2) ◽  
pp. 9-18
Author(s):  
Peter Crowley
Keyword(s):  
Religious Identity ◽  
Historical Narratives ◽  
Complex Nature ◽  
Political Rights ◽  
The Troubles ◽  
Religious Conflicts ◽  
The World ◽  
Sectarian Conflict ◽  
Civil And Political Rights ◽  
Religious Other

Northern Ireland’s Troubles conflict, like many complex conflicts through the world, has often been conceived as considerably motivated by religious differences. This paper demonstrates that religion was often integrated into an ethno-religious identity that fueled sectarian conflict between Protestants and Catholics in Northern Ireland during the Troubles period. Instead of being a religious-based conflict, the conflict derived from historical divides of power, land ownership, and civil and political rights in Ireland over several centuries. It relies on 12 interviews, six Protestants and six Catholics, to measure their use of religious references when referring to their religious other. The paper concludes that in the overwhelming majority of cases, both groups did not use religious references, supporting the hypothesis on the integrated nature of ethnicity and religion during the Troubles. It offers grounding for looking into the complex nature of sectarian and seemingly religious conflicts throughout the world, including cases in which religion acts as more of a veneer to deeply rooted identities and historical narratives.

The impact of a physician’s recommendation and gender on informed decision making: A randomized controlled study in a simulated decision situation

2020 ◽  
Author(s):  
Marie Eggeling ◽  
Anna Meinhardt ◽  
Ulrike Cress ◽  
Joachim Kimmerle ◽  
Martina Bientzle
Keyword(s):  
Decision Making ◽  
Cruciate Ligament ◽  
Treatment Options ◽  
General Information ◽  
Treatment Preference ◽  
Controlled Study ◽  
Treatment Preferences ◽  
Hypothetical Scenario ◽  
And Gender ◽  
The Impact

Objective: This study examined the influence of physicians’ recommendations and gender on the decision-making process in a preference-sensitive situation. Methods: N = 201 participants were put in a hypothetical scenario in which they suffered from a rupture of the anterior cruciate ligament (ACL). They received general information on two equally successful treatment options for this injury (surgery vs. physiotherapy) and answered questions regarding their treatment preference, certainty and satisfaction regarding their decision, and attitude toward the treatment options. Then participants watched a video that differed regarding physician’s recommendation (surgery vs. physiotherapy) and physician’s gender (female vs. male voice and picture). Afterward, they indicated again their treatment preference, certainty, satisfaction, and attitude, as well as the physician’s professional and social competence.Results: Participants changed their treatment preferences in the direction of the physician’s recommendation (P<.001). Decision certainty (P<.001) and satisfaction (P<.001) increased more strongly if the physician’s recommendation was congruent with the participant’s prior attitude than if the recommendation was contrary to the participant’s prior attitude. Finally, participants’ attitudes toward the recommended treatment became more positive (surgery recommendation: P<.001; physiotherapy recommendation: P<.001). We found no influence of the physician’s gender on participants’ decisions, attitudes, or competence assessments.Conclusion: This research indicates that physicians should be careful with recommendations when aiming for shared decisions, as they might influence patients even if the patients have been made aware that they should take their personal preferences into account. This could be particularly problematic if the recommendation is not in line with the patient’s preferences.

Integrating gender in rice research

2019 ◽  
Vol 56 (Special) ◽  
pp. 164-168
Author(s):  
BN Sadangi ◽  
Biswajit Mondal
Keyword(s):  
Decision Making ◽  
Impact Assessment ◽  
Farming System ◽  
Work Participation ◽  
Gender Mainstreaming ◽  
Limited Resources ◽  
Men And Women ◽  
Planning Project ◽  
Systematic Understanding ◽  
And Gender

Gender mainstreaming in agriculture is new trend to address the inequalities of resources and work participation between men and women for ensuring equity in gender. Though women constitute about half of the total agricultural labour, their access to resources as well as decision making power is limited. Particularly, women in rice-based farming system though undertake hard work, own or share very limited resources and benefits in comparison to other systems. Various needs of women, while undertake research and technologies developed should be addressed appropriately through gender focussed planning, project implementation, monitoring as well as impact assessment. A systematic understanding and capacity building of the planners, researchers, development and extension machineries on innovative mechanism and gender sensitive perspectives would bring socioeconomic upliftment of not only women but the whole society.

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