Bridging the Gap Between the Reality of Male Sexual Violence and Access to Justice and Accountability

2020 ◽  
Vol 18 (2) ◽  
pp. 469-498
Author(s):  
Ingrid Elliott ◽  
Coleen Kivlahan ◽  
Yahya Rahhal
Keyword(s):  
Sexual Violence ◽  
Interdisciplinary Approach ◽  
Case Law ◽  
Access To Justice ◽  
Detailed Data ◽  
Medical Expert ◽  
Male Survivors ◽  
Medical Reports ◽  
Penal Codes ◽  
Women And Girls

Abstract The limited accountability achieved to date for sexual violence in conflict has largely reflected one specific form: the rape of women and girls. Investigation, prosecution and convictions for other forms of sexual violence have lagged behind significantly. This is the case for sexual violence against men and boys. Using detailed data from over 130 expert medical reports of Syrian male former detainees, the article contrasts known typology of male sexual violence in conflict with penal codes and case law across a range of jurisdictions. It also considers the broader challenges for access to justice, reparation and recovery for such victims and survivors of these crimes. The article then turns to examine how these gaps might be bridged to provide better access and outcomes for justice to male survivors of conflict-related sexual violence. It explores a local Syrian interdisciplinary approach using medical expert documentation which has opened up investigation and awareness of male sexual violence. Lastly, it sets out concluding recommendations for approaching male sexual violence in national investigations and prosecutions.

scholarly journals Navigating vulnerabilities and masculinities: How gendered contexts shape the agency of male sexual violence survivors

2020 ◽  
pp. 096701062092917
Author(s):  
Heleen Touquet ◽  
Philipp Schulz
Keyword(s):  
International Relations ◽  
Sexual Violence ◽  
Empirical Evidence ◽  
Gender Relations ◽  
Armed Conflict ◽  
Opportunity Structures ◽  
Male Survivors ◽  
Women And Girls

In dominant global conceptions of conflict-related sexual violence, the experiences of male survivors, if attended to at all, have thus far almost exclusively been analysed in terms of vulnerabilities. Drawing on empirical evidence from two different cases (Uganda and Croatia), in this article we argue that essentializing and static generalizations of ‘emasculation’ fail to do justice to the complexity of male survivors’ experiences. We show that, in the two cases we examine, male survivors exercise agency and find different ways of engaging with their harmful experiences. Survivors’ agency is shaped and conditioned by different opportunity structures, and thus largely dependent on local gender relations and constructions of masculinity. To build our argument, we take inspiration from feminist international relations scholarship highlighting the active roles of women and girls as agents within the context of armed conflict, extending such analysis to the experiences of male survivors of sexual violence. By systematically analysing the forms and conditions of the agency of male survivors of sexual violence, we offer a more holistic examination of the dynamics of wartime sexual violence, contributing conceptually and empirically to research both on local/civilian agency in wartime and on conflict-related sexual violence.

Second Assault of Male Survivors of Sexual Violence

1999 ◽  
Vol 14 (7) ◽  
pp. 713-730 ◽  
Author(s):  
PATRICIA A. WASHINGTON
Keyword(s):  
Sexual Violence ◽  
Male Survivors

Beware, Madness!

2021 ◽  
pp. 172-178
Author(s):  
 Дмитрий Вадимович Любимов
Keyword(s):  
Musical Theater ◽  
Clinical Case ◽  
Interdisciplinary Approach ◽  
Years Of Experience ◽  
Creative Activity ◽  
Medical Terms ◽  
Medical Reports

Рецензируемая книга Александра  Михайловича  Терехина «Сумасшествия в  музыкальном театре: опера, балет», изданная в  2020 году, уникальна во  многих отношениях. Во-первых, интерес вызывает личность самого автора. Профессиональная и  творческая деятельность Терехина связана с  медициной и  музыкой. Врач-психиатр с  сорокалетним стажем, Терехин более четверти века работал в Мариинском театре в качестве артиста миманса. Во-вторых, тема сумасшествия (безумия) еще не  становилась самостоятельным предметом изучения в российских музыковедческих исследованиях. В-третьих, оригинальность книги составляют медицинские заключения. В центре внимания врача — тексты оперных и балетных либретто, на основе которых автор раскрывает причины помешательства и  ставит различные диагнозы персонажам музыкального театра. Рассматривая конкретные клинические случаи, Терехин прибегает к профессиональным медицинским терминам. Среди диагнозов отметим такие, как реактивный параноид у Лючии («Лючия ди Ламмермур» Г. Доницетти), шизофрения у Мельника («Русалка» А. С. Даргомыжского, интоксикационный (гашишный) психоз у Солора («Баядерка» Л. Минкуса). Книга А. М. Терехина, не претендуя на всеохватность освещения темы сумасшествия (безумия), открывает музыковедам новые грани междисциплинарного подхода в изучении оперного и балетного репертуара. Alexander Mikhailovich Terekhin’s peer-reviewed book Madness in Musical Theater: Opera, Ballet, published in 2020, is unique in many ways. Firstly, the author’s personality is of interest. Terekhin’s professional and creative activity is connected with medicine and music. A psychiatrist with forty years of experience, Terekhin worked for more than a quarter of a century at the Mariinsky Theater as a mimance artist. Secondly, the theme of madness (insanity) has not yet become an independent subject of study in Russian musicological studies. Thirdly, the originality of the book is based on medical reports. The doctor focuses on the texts of opera and ballet librettos, on the basis of which the author reveals the causes of insanity and makes various diagnoses to the characters of the musical theater. Considering a specific clinical case, Terekhin resorts to professional medical terms. Among some diagnoses we can mention: reactive paranoid in Lucia (Lucia di Lammermoor by Donizetti), schizophrenia in Melnik (Rusalka by Dargomyzhsky, intoxicational (hashish) psychosis in Solor (La Bayadere by Minkus). Without claiming to cover the topic of insanity (insanity) comprehensively the book by Terekhin, opens up new facets of the interdisciplinary approach in studying opera and ballet repertoire to musicologists.

scholarly journals Perception of District Judges and Lawyers Towards Medico-legal Reports, Medical Certificates and Medical Expert Opinion

2018 ◽  
Vol 56 (212) ◽  
pp. 735-739
Author(s):  
Nuwadatta Subedi ◽  
Hima Raj Giri
Keyword(s):  
Expert Opinion ◽  
Cross Sectional Study ◽  
Documentary Evidence ◽  
Expert Evidence ◽  
Medical Expert ◽  
Cross Sectional ◽  
District Attorneys ◽  
Medical Expert Opinion ◽  
Medical Reports

Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.

scholarly journals Physical, sexual and psychological intimate partner violence and non-partner sexual violence against women and girls: a systematic review protocol for producing global, regional and country estimates

BMJ Open ◽  
2021 ◽  
Vol 11 (8) ◽  
pp. e045574
Author(s):  
Heidi Stöckl ◽  
Lynnmarie Sardinha ◽  
Mathieu Maheu-Giroux ◽  
Sarah R Meyer ◽  
Claudia García-Moreno
Keyword(s):  
Systematic Review ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Partner Violence ◽  
Population Based ◽  
Intimate Partner ◽  
Sustainable Development Goal ◽  
Development Goal ◽  
Women And Girls ◽  
Forms Of Violence

IntroductionIn 2013, the WHO published the first global and regional estimates on physical and sexual intimate partner violence (IPV) and non-partner sexual violence (NPSV) based on a systematic review of population-based prevalence studies. In this protocol, we describe a new systematic review for the production of updated estimates for IPV and NPSV for global monitoring of violence against women, including providing the baseline for measuring Sustainable Development Goal to eliminate all forms of violence against women and girls.Methods and analysisThe systematic review will update and extend the previous search for population-based surveys (either nationally or subnationally representative) conducted among women aged 15+ years that measured the prevalence of physical, sexual, psychological and physical and/or sexual IPV, NPSV or sexual violence by any perpetrator up to December 2019. Data will be extracted separately for all age groups, setting (urban/rural), partnership status (currently partnered/ever partnered/all women) and recall period (lifetime prevalence/past 12 months). Studies will be identified from electronic searches of online databases of EMBASE, MEDLINE, Global Health and PsycInfo. A search of national statistics office homepages will be conducted for each country to identify reports on population-based, national or subnational studies that include data on IPV or NPSV published outside academic journals. Two reviewers will be involved in quality assessment and data extraction of the review. The review is planned to be updated on a continuous basis. All findings will undergo a country consultation process.Ethics and disseminationFormal ethical approval is not required, as primary data will not be collected. This systematic review will provide a basis and a follow-up tool for global monitoring of the Sustainable Development Goal Target 5.2 on the elimination of all forms of violence against women and girls.PROSPERO registration numberCRD42017054100.

Risk and the European Convention on Human Rights: Towards a New Approach

2009 ◽  
Vol 11 ◽  
pp. 353-375 ◽  
Author(s):  
Christopher Hilson
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Nuclear Radiation ◽  
European Convention ◽  
Access To Justice ◽  
Public Concern ◽  
Initial Attempt ◽  
Liberal Conception ◽  
European Court ◽  
The Right

Abstract The aim of this chapter is to provide an initial attempt at analysis of the place of risk within the case law of the European Court of Human Rights (ECtHR) and, where appropriate, the Commission, focusing on the related issues of public concern and perception of risk and how the ECHR dispute bodies have addressed these. It will argue that, for quite some time, the Court has tended to adopt a particular, liberal conception of risk in which it stresses the right of applicants to be provided with information on risk to enable them to make effective choices. Historically, where public concerns in relation to particular risks are greater than those of scientific experts—nuclear radiation being the prime example in the case law—the Court has adopted a particularly restrictive approach, stressing the need for risk to be ‘imminent’ in order to engage the relevant Convention protections. However, more recently, there have been emerging but as yet still rather undeveloped signs of the Court adopting a more sensitive approach to risk. One possible explanation for this lies in the Court’s growing awareness of and reference to the Aarhus Convention. What we have yet to see—because there has not yet been a recent, post-Aarhus example involving such facts—is a case where no imminent risk is evident. Nevertheless, the chapter concludes that the Court’s old-style approach to public concern in such cases, in which it rode roughshod over rights to judicial review, is out of line with the third, access to justice limb of Aarhus.

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