scholarly journals “What Guarantees Do We Have?” Legal Tolls and Persistent Impunity for Feminicide in Guatemala

2016 ◽  
Vol 58 (4) ◽  
pp. 31-55 ◽  
Author(s):  
Shannon Drysdale Walsh ◽  
Cecilia Menjívar

AbstractGuatemala has one of the highest levels of killings of women and impunity for violence against women in the world. Despite laws created to protect women, Guatemala, like other countries, generally fails at implementation. This article examines justice system obstacles in contemporary Guatemala to processing cases of feminicide—killings of women because they are women in a context of impunity—comparing two recent feminicide cases. It argues that the sociopolitical context in Guatemala, including structural violence, widespread poverty, inequality, corruption, and normalization of gender violence against women, generates penalties, or “legal tolls,” that are imposed on victims' families and contribute to impunity through undermining victims' attempts to navigate the justice system. The analysis focuses on the tolls of fear and time: the need to overcome fear of retaliation and the extraordinary time and effort it takes to do so in a corrupt and broken system.

2021 ◽  
Vol 10 (4) ◽  
pp. 90-101
Author(s):  
Camilla Magalhães Gomes

The purpose of this article is to investigate how decolonial studies can contribute to an agenda of southern criminology and in particular, but not exclusively, to our research on gender and gender violence. To do so, the path chosen was to first present the common lines between these ways of theorising. Then, the entanglements of race and capitalism and of race and gender in the decolonial perspective are presented. With this done, it is possible to think about how decoloniality and punishment are related and to, from then on, think of a decolonial agenda for criminology that involves taking the colonial hypothesis seriously and always thinking and seeking to listen, read and research the ways of resistance from those dehumanised by the criminal justice system.


2022 ◽  
Vol 98 (1) ◽  
pp. 183-207
Author(s):  
Nivi Manchanda ◽  
Sharri Plonski

Abstract This article wrestles with the question of ‘national’ borders in racial capitalism. We do so through an examination of border and capitalist corridors. We focus particularly on the Israeli border, branded and then sold to the rest of the world by the epistemic community of border-makers and interlocutors. In tracking the Israeli border and showing the implication of the experts and their markets, we ask how the border reflects and is refracted through a global order organized by the twin dictates of racism and capitalism. We are especially interested in how racialized processes of bordering, ostensibly governed by national exigencies, are transplanted on to other contexts. Two points emerge from this: in the first instance, we ask who and what enables this movement of the border. And in the second, we interrogate which logics and practices are transplanted with the border, as it is reproduced and seemingly fixed in a new place. We examine the violent ontologies that give shape and reputation to Israel's high-tech border industry, which has become a model for the ever-growing global homeland security industry. We ask: has Israel's border become an exportable commodity and who are the actors who have enabled this ‘achievement’? Related to this, what sort of occlusions and structural violence does the fetishization of the Israeli border rely on?


Subject Gender violence in Latin America. Significance In mid-October Argentine women took to the street to protest over the rape and murder of a 16-year-old schoolgirl. Similar protests against violence against women (VAW) have taken place across Latin America, home to seven of the top ten countries for femicide in the world. Regional marches and protests seek to shine a light on the pervasive culture of 'machismo', and call on judicial institutions to break the cycle of impunity. Impacts Although 16 countries have passed comprehensive laws against VAW, the rate of femicide is not falling concomitantly. VAW laws will not see a significant drop in femicide until cultures of 'machismo' and impunity are diminished. This will further involve creating alternative notions of masculinity -- a long-term challenge.


2019 ◽  
pp. 158-183
Author(s):  
GEOFREDO ANGULO LOPEZ

This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the ministerial practices and judicial reasoning, as well as the controversies and tensions generated by the social risk related to impunity and the current control policies and exception categories created to fight femicides and violence against women with the principles and fundaments wherewith the criminal justice system and human rights operate in Mexico.


2009 ◽  
Vol 2 (1) ◽  
pp. 48-66 ◽  
Author(s):  
Shannon Drysdale Walsh

This paper addresses how states improve their responsiveness to violence against women in developing countries with little political will and few resources to do so. One key to engendering justice and improving responsiveness is building specialized institutions within the state that facilitate the implementation of laws addressing violence against women. Why and how do states engage in institution-building to protect marginalized populations in these contexts? I propose that developing countries are more likely to create and maintain specialized institutions when domestic and international political and legal frameworks make the state more vulnerable to women’s demands, and when civil society coordinates with the state and/or international organizations to take advantage of this political opportunity. This coordination brings necessary pressure and resources that would be difficult, if not impossible, to deliver otherwise. This inter-institutional coordination is necessary for building and maintaining new state institutions and programs that help to monitor the implementation of laws, develop public policies, provide services for victims, and improve responsiveness of the justice system. This fills an important lacuna in the literature, which focuses on women’s state institutions as an important catalyst for responsiveness to violence against women, but does not explain how these institutions are initially constructed.


2018 ◽  
Vol 26 (3) ◽  
Author(s):  
Dandara Oliveira de Paula

Abstract: The present article seeks to analyze human rights from a gender perspective. To do so, it goes back to the past to explain the development of the society of rights and women's rights. The analysis starts from the premise that human rights are social products and therefore will reflect and represent the values and interests of the society that produced them, in this case, capitalist society. One of the values of this society is patriarchy and the idea of the superiority of men as a social actor in relation to women. This value is represented in human rights that nevertheless have universality as one of its characteristics: the idea that all people are subjects of such rights independently of any identities. Therefore, the legal text in which human rights were coined affirms an equality that does not exist in practice, since women are violated and their rights are violated every day, in addition to the gender inequality present throughout the world. As an example and materialization of this reality, the Campo Algodonero Case, introduced to the Inter-American Court of Human Rights, appears as the first case of the Court to mention femicide, showing the vulnerability of women’s life and integrity.


Author(s):  
Necla Tschirgi ◽  
Cedric de Coning

While demand for international peacebuilding assistance increases around the world, the UN’s Peacebuilding Architecture (PBA) remains a relatively weak player, for many reasons: its original design, uneasy relations between the Peacebuilding Commission and Security Council, turf battles within the UN system, and how UN peacebuilding is funded. This chapter examines the PBA’s operations since 2005, against the evolution of the peacebuilding field, and discusses how the PBA can be a more effective instrument in the UN’s new “sustaining peace” approach. To do so, it would have to become the intergovernmental anchor for that approach, without undermining the intent that “sustaining peace” be a system-wide responsibility, encompassing the entire spectrum of UN activities in peace, security, development, and human rights.


Author(s):  
Thomas Hardy

Wherefore is light given to him that is in misery, and life unto the bitter in soul?' Jude Fawley, poor and working-class, longs to study at the University of Christminster, but he is rebuffed, and trapped in a loveless marriage. He falls in love with his unconventional cousin Sue Bridehead, and their refusal to marry when free to do so confirms their rejection of and by the world around them. The shocking fate that overtakes them is an indictment of a rigid and uncaring society. Hardy's last and most controversial novel, Jude the Obscure caused outrage when it was published in 1895. This is the first truly critical edition, taking account of the changes that Hardy made over twenty-five years. It includes a new chronology and bibliography and substantially revised notes.


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