The Everyday and the Exceptional

Author(s):  
Urmitapa Dutta

This chapter makes a case for reconceptualizing human rights “from below” by grounding human rights discourses in women’s particularities and their voices rather than prescriptive policy standards. It does so by bringing together feminist perspectives grounded in decoloniality and liberation psychology. It presents findings from activist scholarship in Northeast India to offer a critical feminist analysis of civil society’s (non)response to gender-based violence and counternarratives of Garo women protagonists who explain these (non)responses. Following Garo women protagonists in their understanding of violence illuminates the fundamental heterogeneity of violence against women as well as underlying cultural institutional and structural processes. By moving between situated narrative and wider analysis, this chapter explicates the connections between “exceptional” violence and pervasive violations of women’s human rights. The research, action, and policy implications for feminist psychologists engaged in human rights scholarship are discussed.

2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington

Violence against women in politics (VAWP) is a human rights violation, as it prevents the realization of political rights. Violence against women in political and public life can be understood as “any act or threat of gender-based violence, resulting in physical, sexual, psychological harm or suffering to women, that prevents them from exercising and realizing their political rights, whether in public or private spaces, including the right to vote and hold public office, to vote in secret and to freely campaign, to associate and assemble, and to enjoy freedom of opinion and expression” (UN Women/UNDP 2017, 20).


Global Jurist ◽  
2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Claudia Pividori ◽  
Paola Degani

Abstract Violence against women is an established issue of concern under international law as well as in the international security domain. More in general, it is contended that issues related to gender-based violence need to be countered with strategies aimed at fighting sexual hierarchies and structural discrimination affecting women at different levels and in different contexts. Despite this, international legal and policy responses to male violence against women are increasingly turning to criminal law enforcement with a strict focus on perpetrators’ individual accountability. The article critically analyzes this trend within the two international legal and policy frameworks that in the past decades have most consistently integrated the issue of violence against women, that is, human security and human rights. The article contends that the increasing focus on criminalization that has emerged in both these frameworks risks obfuscating and downsizing the collective and “public” dimension of States’ responsibility with regards the social phenomenon of violence. Indeed, criminalization strategies allow States to circumvent their duty to work on the social, political and economic structural dimensions at the root of this severe form of violation women’s human rights.


2012 ◽  
Vol 55 (2) ◽  
pp. 29-36
Author(s):  
Susan Dewey ◽  
Tonia St. Germain

This special ASR forum, “The Case of Gender-Based Violence: Assessing the Impact of International Human Rights Rhetoric on African Lives,” grounds itself in the notion that gender relations (and, indeed, gendered social norms) can undergo significant transformation in zones of conflict or in other contexts of extreme socioeconomic and political instability. Individuals actively reconfigure moral landscapes of power and sexuality amidst the everyday chaos, violence, and deprivation that constitutes the experience of war for most people, thereby formulating new normative frame-works of appropriately gendered norms for social interaction and sexual expression. These norms, of course, are rather dramatically cross-cut, for all actors involved, by an extensive list of factors that include one's ethnolinguistic or religious affiliation, citizenship status, gender, and myriad other allegiances that are all too frequently brought to the fore by conflict or other forms of instability. War and instability, it seems, force individuals to think of themselves, and others, in ways that might not otherwise have seemed imaginable.The case studies in this issue are based upon research in Rwanda, Congo, Uganda, South Africa, and Liberia. One unifying theme is the frequency with which human rights rhetoric divorces conflict-related gender based violence from the peacetime normative framework. The authors illustrate the cultural restrictions and patriarchal oppression that encourage violence within different dimensions of the socioeconomic and political context (home, culture, political authority, economy, and military), and they analyze gender-based violence as a form of structural violence. Nonetheless, as Sharon Abramowitz and Mary Moran caution us, gender-based violence in conflict and postconflict zones is not simply an enhanced version of “traditional” gender oppression. We would be severely remiss, the authors remind us, to read conflict and crisis as culture.


2020 ◽  
pp. 89-98
Author(s):  
Tamara Rostovskaya ◽  
Natalia Bezverbnaya

Around the world, one in three women is subjected to abuse, most often by someone they know, including their spouse or partner. The article deals with the nature of gender-based violence, the authors pay special attention to the gender-based violence within family. Statistical data on domestic violence in different countries are analyzed. Special attention is paid to the risks of vulnerability of women in the field of human rights, health protection, mainly reproductive and psychological health.


Author(s):  
Valentine M. Moghadam

In highlighting the contributions that feminist scholars have made to global studies in recent decades, this chapter focuses on three prominent areas of research: the gendered nature of globalization; violence against women, armed conflict, and the interstate system; and women’s, feminist, and gendered social movements. These three areas of research are interconnected, in that “globalization-from-above” generates or exacerbates inequalities, tensions, and conflicts, whereas social movements are manifestations of “globalization-from-below.” The overview of feminist perspectives on, and critiques of, globalization and gender-based violence is accompanied by a discussion of how women’s movements, especially feminist movements, have responded to global economic and political developments and how the appropriation of feminist language for the promotion of the global neoliberal agenda has raised objections.


De Jure ◽  
2020 ◽  
Vol 53 ◽  
Author(s):  
Nomthandazo Ntlama

South Africa is highly celebrated for its commitment to the promotion of human rights. This has also fostered "rights consciousness" among the citizenry which has become of essence for the advancement of the rights of women who had long been in the "legal cold". However, the significance of the "rights concepts" is marred by the extreme levels of gender-based violence against women. The effect of crimes suffered by women raises questions about South Africa's post-apartheid system of governance and the promotion of the rule of law, which is founded on human rights. With South Africa's history, it is assumed that law has the potential to transform societies in ensuring the fulfilment of rights as envisaged in many national, regional and international instruments. Against this background, this paper focuses on the recent shocking wave of the extreme levels of gender-based violence against women experienced in South Africa with the resultant consequence of the agitation of the public on the independence of the judiciary. Whilst it acknowledges the limitations of the law and the challenges faced by women, it argues against public opinion that seem to wither the democratic character of the state relating to the functioning of the judiciary. It also argues that public opinion waters down the assumption about the capacity of the law in generating social change. In addition, the confidence in the judiciary cannot be replaced by invidious philosophies that appear to compromise the independence of the judiciary as envisaged in the doctrine of separation of powers. The argument advanced herein is limited to the rationality of the calls by further raising a question whether safeguarding independence and impartiality of the judiciary should be outweighed by public outrage on gender-based violence. It also does not profess to provide an expert analysis of the interrelationship between law and social change because of the complexities that exists between these areas. Overall, the paper acknowledges and shares the concerns by the public on the elimination of gender-based violence; however, it refuses the indirect consequence of public opinion on the trampling of judicial authority.


2021 ◽  
Vol 2 (16) ◽  
pp. 261-278
Author(s):  
Viktoriia Mykolaivna Rufanova

The author conducted a retrospective review of the activities of international organizations through the prism of their role in forming the legislative foundation for combating gender-based violence. It is noted that for the first time at the international level the norm of equality of all people was enshrined in Art. 2 of the Universal Declaration of Human Rights in 1948. An important step towards combating gender-based violence was the signing in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Istanbul Convention visualizes the issue of gender-based violence. It has been determined that women and girls are increasingly exposed to severe forms of violence, such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honor", and genital mutilation, which constitutes a significant violation of human rights. for women and girls and is a major obstacle to achieving equality between women and men. The author singles out three conditional periods of formation of the modern paradigm of counteraction to gender - based violence in the activity of international organizations: 1) 1945 - 1974. The basic foundations of gender equality are laid at the level of the UN Charter and the Universal Declaration of Human Rights. Combating gender-based violence was not considered through the prism of sex discrimination. The activities of the world community were aimed primarily at combating discrimination against women in the political, socio-economic and cultural spheres of society. 2) 1975-2010.During this period, all 4 World Conferences on the Status of Women were held. In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. Articles 30 of the Convention clearly define discrimination against women and propose an agenda for action at the national level to end such discrimination. The Declaration on the Elimination of Violence against Women, adopted by the General Assembly in 1993, contains a definition of violence against women. 3) 2011 - to the present time. This period covers the process of realizing the scale of the spread of gender-based violence. A key event of this period was the adoption in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Activation of the world community to intensify the fight against gender-based violence. Adoption of sustainable development goals, in which gender equality is recognized as the general idea (Goal 5) and condition of sustainable development.


2016 ◽  
Vol 3 (1) ◽  
pp. 97-113 ◽  
Author(s):  
Tafadzwa Rugoho ◽  
France Maphosa

This article is based on a study of gender-based violence against women with disabilities. The study sought to examine the factors that make such women vulnerable, to investigate the community’s responses to gender-based violence against women with disabilities, and to determine the impact of gender-based violence on the wellbeing and health of women with disabilities. The study adopted a qualitative research design so as to arrive at an in-depth understanding of the phenomenon under study. The study sample consisted of 48 disabled women living in marital or common law unions, selected using purposive sampling. Of the 48 women in the sample, 16 were visually impaired while the remaining 32 had other physical disabilities. Focus group discussions were used for data collection. The data were analysed using the thematic approach. The finding was that women with disabilities also experience gender-based violence. The study makes recommendations whose thrust is to change community perceptions on disability as the only guarantee towards eradicating gender-based violence against women with disabilities.


Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.


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