Gender Justice v. The “Invisible Hand” of Gender Bias in Law and Society

Hypatia ◽  
2016 ◽  
Vol 31 (3) ◽  
pp. 668-686 ◽  
Author(s):  
Elizabeth Beaumont

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible‐hand” mechanism. This framework helps convey how underlying gender bias influences individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender‐based violence (U.S. v. Morrison 2000), gender discrimination in pay and promotion (Ledbetter v. Goodyear Tire 2007), and women's reproductive health care benefits (Burwell v. Hobby Lobby 2014). This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases.

2021 ◽  
pp. 002076402110036
Author(s):  
Maha Sulaiman Younis ◽  
Riyadh Khudhiar Lafta

Background: Generations of women living in Iraq endured three major regional wars and internal conflicts, which weakened their psychological vulnerability and social role by poverty, displacements, and loss of their beloved ones. The available literature about women’s mental health is scarce and does not signify the gender inequality and gender disparity of mental disorders. Method: During 1st August to October 2020, we explored the search engines: Google Scholar, Pub-Med, Medline, and Clarivate using keywords of Iraq, gender inequality, women’s mental health, violence, and conflict, mental disorders, gender-based violence, etc. From 1792 research items, 64 articles were scrutinized for this study. We selected the most relevant studies with some available documents excluding data bout Immigrant women outside Iraq and reports from foreign military sources. Finding: Women living in Iraq have struggled for equality and empowerment since the 20th century. For the last four decades, successive wars, economic sanction, gender-based violence, and internal conflicts have affected their development endeavors. The 2003 US-led invasion caused a loss of lives, destruction of infrastructure, and forced displacement for tens of thousands of civilians, including women and children. These atrocities increased women’s vulnerability to develop or worsen the existing mental disorders. This review tries to attract world attention to women’s situations in Iraq.


2018 ◽  
pp. 283-314
Author(s):  
Natasha E. Latzman ◽  
Ashley S. D’Inverno ◽  
Phyllis H. Niolon ◽  
Dennis E. Reidy

2019 ◽  
Vol 78 (4) ◽  
pp. 325-334
Author(s):  
Marina Della Rocca ◽  
Dorothy Louise Zinn

In recent years, so-called honor-based violence has become a major issue for the operators of the women's shelters in South Tyrol (Northern Italy) that support women who have suffered from domestic violence. The antiviolence operators who work in the women's shelters generally relate this form of violence to the experiences of young migrant-origin women. In this article, we discuss the operators' definitions of honor-based violence, which present a variety of dichotomous categories that reveal a process of othering and evoke the lexicon of the international conventions on gender discrimination and gender-based violence. Indeed, some traces of an essentialist understanding of culture are still recognizable in this lexicon, most of all in the relationship of culture with the concept of honor. We conclude by identifying possible ways to overcome the risk of essentialization in the antiviolence operators' practices, suggesting how to redefine them by incorporating the migrant-origin women's perspectives and stressing the significance of this study for a wider understanding of the women's empowerment in the advocacy work of the women's shelters.


Author(s):  
Benjamín Pereira-Román ◽  
Concepción López-Soler ◽  
María Vicenta Alcántara López

The aim of this study was to analyse the inclusion of a gender perspective (GP) in scientific production on interventions for a reduction in psychological distress in children who have experienced parental gender-based violence (CEXPGBV). To achieve this, a review of publications was carried out in the Web of Science, EBSCOhost, ProQuest and Cochrane Library databases. A total of 3418 records were found, and 44 items of research selected. For GP analysis, the questionnaire “Gender perspective in health research” (GPIHR) was applied and relationships with the terminology of violence were analysed, as well as the definition of term used, references to violence by men or received by women and the instruments used to assess these. Generally, the assessed studies do not contain a GP, since 70% of the GPIHR items were answered negatively. Likewise, 89% of research used general terms to refer to violence without referring to gender. These results show the importance of considering instruments such as GPIHR in both the planning and development of future research in order to avoid possible gender bias.


2018 ◽  
Vol 4 (2) ◽  
pp. 181-198
Author(s):  
Rizka Eliyana Maslihah

The issue of gender responsiveness become a subject of study that is widely discussed. Discourse about the equality of men and women reap many pros and cons from various circles, as the result of social construction differences that affect the perspective of mindset. This article intends to describe the gender-responsive value contained in the material of Arabic language learning. Where the material presented includes the use of mudzakar and muannats vocabulary, where both have equal status without any stereotypes and subordinates of them. This article was written using library research; the author analyzed the use of mudzakar and muannats vocabulary in a balanced manner, as well as the use of various gender discriminations in the form of gender stereotypes and gender-based violence found in Arabic textbooks in grades IV and VI of Islamic Elementary School (MI). Based on the analysis result, the researcher concludes that gender-responsive emphasis has been appearing in Arabic language teaching materials, but it needs more. So, in the next, gender discrimination will not be found in the Arabic language teaching material of Islamic Elementary School (MI). ملخص أصبحت الإشاعة عن استجابة الجنس بحثا مرحوبا فى مجال المعارف. وحصد البحوث فى تكافؤ الرجال والنساء الموافقة والمعارضة من قبل الاجتماعية. حيث أن الاختلاف فى بنية الاجتماعية سيؤدي إلى الاختلاف فى ضوء العقليات. وكتبت هذه المقالة للكشف عن التصور الشامل للنتائج  من استجابة الجنس فى مادة تعليم اللغة العربية. حيث اشتملت المادة فى استخدام المفردات المذكّر والمؤنث. بالإضافة إلى ذلك، وجد تكافؤ الدرجة دون النمطية وثانوية النساء فى المجتمع. وكتبت هذه المقالة بمدخل البحث المكتبي للتحليل عن استخدام المفردات المذكّر والمؤنث بالتكافؤ، دون النمطية وثانوية النساء فى الكتب المدرسي للفصل الرابع إلى السادس لمستوى المدرسة الإبتدائية. وحصلت الكاتبة على النتيجة كما يلي: ظهرت التركيز من النتائج لاستجابة الجنس فى مادة تعليم اللغة العربية جيّدة، ولكن يحتاج التركيز إلى التقوية، للوصول إلى عدم تمييز الجنس فى مادة اللغة العربية لـهذا المستوى. الكلمات الرئيسية: النتيجة، استجابة الجنس، مادة التعليم، تمييز الجنس


2021 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Jihan Risya Cahyani Prameswari ◽  
Deassy Jacomina Anthoneta Hehanussa ◽  
Yonna Beatrix Salamor

Introduction: Gender based violence in social media has increased. The term of gender based violence can be found on the result of Convention on the Elimination of all Forms of Discrimination Against Women, however there are still not any proper effort to overcome it yet.Purposes of the Research: Knowing and analyzing gender-based violence on social media..Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: There are several forms and types of gender based violence in social media like cyber grooming, hacking, infringement of privacy, malicious distribution, revenge porn, impersonation, defamation, and online recruitment. Hence as the way to overcome it, the efforts that can be used is by penal and non-penal efforts. The penal efforts are the implementation of the integrated criminal justice system with gender justice and the regulatory reform through a bill to accommodate the criminal act of gender based violence. Meanwhile the non-penal efforts are by increasing the awareness and knowledge through the campaign movement against gender based violence in social media and providing the complaint and report service accesses (hotline) that are easy to be accessed and fast to respond.


Author(s):  
Amrita Kapur

This chapter explores the opportunities present in the Rome Statute to promote justice for victims of sexual and gender-based violence in the International Criminal Court (ICC). It focuses on the concept of complementarity to show the ICC’s potential for reform and to catalyze the prosecution of international crimes (genocide, crimes against humanity and war crimes). It then describes the ICC’s broader approach to sexual violence and gender, as well as the domestic impact of this jurisprudence. The chapter concludes by suggesting that the Rome Statute’s standards should be introduced into national law. This could create broader benefits for women and victims of sexual and gender-based violence beyond the prosecution of criminal perpetrators.


Author(s):  
M.C. Moreroa ◽  
M.B. Rapanyane

The two practices of gender inequality and gender-based violence (GBV) are not peculiar to South Africans, as they also affect the African continent and the Global world in different shapes and forms. Whatever happens, when these two unacceptable behaviours and/ practices take form, women often end up being discriminated, sidelined and violated. Against this backdrop, this paper analyses the state of gender inequality and GBV in South Africa and finds common features which exist between the two. The central narrative of this paper is that the two notions are, at a very faster pace, becoming subjects of considerable debate and concern. This paper argues that the two notions have depressing effects on South African women. Afrocentricity is adopted in this paper in order to relevantly and positionally reflect on the central objective.


Author(s):  
Lesley Orr ◽  
Nel Whiting

This chapter is rooted in the reflexive experience of feminists in Scotland struggling for gender justice – particularly the movement to resist and end men’s violence against women (VAW). Our case study focuses on a course ‘Gender Justice and Violence: Feminist Approaches’ (GJV), the fruit of an ongoing partnership between Scottish Women’s Aid (SWA) and Queen Margaret University (QMU). Offered every year since 2007, the course engages with debates concerning public policy, professional practice and political activism – particularly in relation to gender-based violence and abuse. The module teaching sessions bring together practitioners and activists (who register as associate students at QMU) alongside full-time sociology students. This enables a challenging process of mutual learning which highlights both the tensions and the transformative potential of grounding social theory in the sometimes divergent standpoints of these overlapping groups. The course is delivered by, and open to, both women and men. The curriculum draws on the struggles of the women’s movement and of pro-feminist men, and utilises the work of engaged feminist scholars across a range of academic disciplines, including history, philosophy, criminology and gender studies, as well as sociology. Its presence demands that the practice of activists and the movements which have ...


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