Understanding Gender Justice

2010 ◽  
Vol 17 (3) ◽  
pp. 335-363 ◽  
Author(s):  
Aparna Rayaprol ◽  
Sawmya Ray
Keyword(s):  
Gender Equality ◽  
Violence Against Women ◽  
Women's Movement ◽  
Women's Movements ◽  
Gender Justice ◽  
Indian Constitution ◽  
Public And Private ◽  
The Law ◽  
Forms Of Violence

The Indian Constitution is a woman-friendly document but institutionalised patriarchy in society at large has made it quite difficult to practice gender equality in courts. The women’s movements in India have been battling with the courts for more than three decades on issues related to various forms of violence against women in both public and private spheres. In this article, the focus is on understanding the perceptions of the lawyers who have been fighting cases related to gender justice as well as working towards changing the law itself. Feminist lawyers have been an integral part of the women’s movement in India and have helped achieve the passage of new laws. The study highlights the problems faced by lawyers and their sense of the challenges involved.

The Long-Term Struggle for Violence against Women Legislation: The Guatemalan Women's Movement and the Politics of Patience

2021 ◽  
pp. 1-34
Author(s):  
Erin Beck
Keyword(s):  
Gender Equality ◽  
Violence Against Women ◽  
Women's Movement ◽  
Political Reform ◽  
Women's Movements ◽  
Social Mobilization ◽  
History Of ◽  
Term Analysis ◽  
Over Time

Abstract A scholarly consensus depicts strong, autonomous domestic women's movements as critical for the passage of gender equality reforms, alongside openings in domestic and international political contexts. What, then, is a nascent women's movement seeking gender equality reforms to do if it lacks strength or a history of autonomous organizing? A long-term analysis of the Guatemalan women's movement's push for reforms to address violence against women demonstrates that one potential road forward is through a “politics of patience,” rooted in the pursuit of cumulative, incremental victories. Adopting a politics of patience allows nascent domestic movements in developing and post-transition contexts to achieve incremental victories that create future political openings while simultaneously building movement strength and autonomy over time. This finding highlights the temporal and strategic power of women's movements, as well as the iterative and potentially reinforcing nature of social mobilization and political reform.

scholarly journals Kekerasan Seksual Terhadap Perempuan: Realitas dan Hukum

2020 ◽  
Vol 14 (1) ◽  
Author(s):  
Elizabeth Siregar ◽  
Dessy Rakhmawaty ◽  
Zulham Adamy Siregar
Keyword(s):  
Sexual Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Criminal Code ◽  
Gender Justice ◽  
Public And Private ◽  
Different Dimensions ◽  
The Law ◽  
Almost All ◽  
Sense Of Justice

Violence against women is a crime that almost occurs in all cultures and countries that occur both in public and private spaces. Based on Komnas Perempuan's annual records, almost all regions of Indonesia committed these crimes. The most common violence is sexual violence. In Jambi, during the period of 2017-2019 there were several cases of rape and sexual abuse and other violence. And what's interesting is that some cases have other dimensions of action that are actually important to study how the application of the law to the event. This research is empirical, because it examines facts or legal events by then examining how the application of the law. From the results of the study showed that, the type of sexual violence decided by the judge, generally related to the crime of rape and molestation as contained in the Criminal Code. In the imposition of sanctions, none of the judges has given the maximum sentence, even though the trial proved guilty. In the case of the application of the law, law enforcers in this case prosecutors and judges guide the Criminal Code, which indeed includes rape and molestation arrangements. Although in reality the actual cases have different dimensions of action (more than one) and deserve to be given threats that are in accordance with the perpetrators' actions. In this case, there is a legal vacuum that actually results in uncertainty in fulfilling a sense of justice for women (victims). So it is important to reform the provisions regarding sexual violence by adopting the value of protecting women and accommodating the wisdom principle of the Indonesian nation namely Pancasila and accommodating the principles of gender justice  

scholarly journals Violence against women and teaching at higher education institutions in Serbia

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 129-142
Author(s):  
Vesna Nikolic-Ristanovic
Keyword(s):  
Higher Education ◽  
Special Education ◽  
Domestic Violence ◽  
Violence Against Women ◽  
Higher Education Institutions ◽  
Current Situation ◽  
Law Faculty ◽  
The Law ◽  
Novi Sad ◽  
Forms Of Violence

The paper has two aims. It aims to present first steps in introducing the topic of violence against women in higher education institutions in Serbia as well as to present results of exploratory research about the current situation regarding the place that violence against women as a topic has in teaching at the selected higher education institutions in Serbia. In the first part of the paper, the first time inclusion of this topic in one criminology textbook and the syllabi at the Law Faculty (University of Nis) in 1998, and later (2004) at the Faculty for special education and rehabilitation - FASPER (University of Belgrade) is described. The importance of the cooperation of the author of this paper and professor Slobodanka Konstantinovic Vilic, persons and circumstances that were beneficial for their ideas to be realized, as well as further development of teaching about violence against women at these faculties is emphasized. In the second part of the paper current state of teaching about violence against women at the Law Faculty (University of Nis) and FASPER is examined within a larger context of the situation at similar faculties in Serbia. The analysis is focused on the visibility of the violence against women topic in the syllabi of the faculties of three state universities: University of Belgrade, University of Nis and University of Novi Sad. Apart from the Nis Law Faculty and FASPER, the analysis included the law faculties of the University of Belgrade and University of Novi Sad, as well as Special education and rehabilitation studies at the Faculty of Medicine in Novi Sad. The analysis is based on the data contained in the syllabi (undergraduate, master and doctoral level) that were available online on the internet sites of the given faculties in October 2018. Qualitative analysis of the syllabi was performed. It included the following data: course title, goals, outcomes, content and reading materials. The results suggest that violence against women topic is included in teaching at the majority of the faculties encompassed by the study, while at the same time there is inconsistency in dealing with different forms of violence. The topic of domestic violence is the most common, while sexual violence and trafficking in people (women) are less present. Some faculties have courses specifically dealing with either domestic violence or trafficking in people. Other forms of violence against women, such as stalking, work-related abuse and violence against women in general, are rarely present in syllabi, i.e. only at certain faculties. We can assume that these topics are only sporadically taught, or are not taught at all. The topic of violence against women is most prominent in undergraduate level syllabi, while it is somewhat less represented on the master level and in doctoral studies. However, on the other side, some master courses are completely or largely devoted to topics related to violence against women (e.g. courses called Domestic violence and Trafficking in people). The main weakness is the fact that most of the courses that have violence against women as a part of their syllabi are optional courses, which means that all students are not educated for adequate dealing with violence against women in their future practical work. Based on the study results, the author concludes that the current situation regarding the inclusion of the violence against women topic is better than twenty years ago. However, it is necessary to conduct larger and more detailed study in order to give reliable estimation of whether education that future professionals obtain at faculties in Serbia is appropriate to assure adequate social response to violence against women in terms of its suppression, prevention and victims support.

scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
The Family ◽  
Women And Children ◽  
The Law ◽  
Article 5 ◽  
Forms Of Violence ◽  
Domestic Violence Perpetrators

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

scholarly journals Between Sexual Violence and Autonomy: Rethinking the Engagement of the Indian Women’s Movement with Criminal Law

2021 ◽  
Vol 22 (5) ◽  
pp. 860-877
Author(s):  
Kalika Mehta ◽  
Avantika Tiwari
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Women's Movement ◽  
Unintended Consequences ◽  
The State ◽  
Women's Movements ◽  
New Delhi ◽  
The Social ◽  
Gang Rape

AbstractThe aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women’s movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in criminal law provisions. The state responded to the social mobilization in the form of criminal law amendments, while blindsiding key recommendations from feminist groups. This Article revisits pertinent Law Commission reports, subsequent criminal law reforms, and case law on sexual violence against women to analyze how the negotiations between the women’s movement and the State on the seemingly irreconcilable demands of sexual autonomy and punishment for sexual violence. We take account of the intended and unintended consequences of this reliance on criminal law as one of the primary tools in the arsenal of Indian women’s movements. We argue that engagement on the plane of criminal law to address sexual violence against women is a case of limited imagination at best and counter-productive at its worst. This approach of the movement and feminist groups is to react to the “crime” of sexual violence after the fact, leading to distraction from much warranted structural responses. We argue that this approach makes it harder to conceptualize and implement more forward-looking relational models of responsibility that are necessary to address the structural injustice of systemic sexual violence against women.

Gender Equality – Legal Reality in Albania

2014 ◽  
Vol 1 (1) ◽  
pp. 268
Author(s):  
Enejda Osmanaj
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Gender Discrimination ◽  
Rural Areas ◽  
Urban Areas ◽  
Legal Protection ◽  
University Education ◽  
The Law

The objective for gender equality policy is that women and men must have the same power to shape society and their own lives. While equality is an essential component of the human rights' protection, gender in equalities are still present in our society. One of the most serious violations of gender equality is violence against women. Violence against women is a form of discrimination, which is rooted in gender inequality. According to a study by INSTAT (2007), 27, 6% of women reported that violence had started after marriage. Abused women often were unwilling, to talk openly about domestic violence. in terms of urban versus rural differences, women in rural areas were significantly more likely to "ever" experience domestic violence of all types, compared to women in urban areas. There were also significant differences based on level of education. Women with a primary education were significantly more likely to "ever" experience domestic violence of all types, compared to women with a basic education or less, secondary education, and a university/post-university education. While women with a university/post-university education were least likely to "ever" experience domestic violence of all types, they were not immune to domestic violence in their marriage/intimate relationships simply because they were highly educated. Since 1993, Albania is part of Convention "On the Elimination of All Forms of Discrimination against Women" (1981) (CEDAW), in order to prevent gender inequalities, as well as to ensure wisely the protection of women from discrimination in higher levels. Other Albanian legal acts, as The Constitution of the Republic of Albania, the law no. 10 221/2010 "On Protection from Discrimination", the law no. 9970/2008 "On gender equality in the society" etc. intend to protect women, to prevent gender discrimination and to ensure gender equality. Albanian National Strategy on Gender Equality and Violence in Family (2011-2015) had also a great importance on setting some levels on gender equality. But unfortunately, gender discrimination and violence against women is still a very widespread phenomenon in Albania. Statistical data reflect a very cruel reality. Women's rights are an integral and indivisible part of fundamental human rights and a real, applicable, legal protection is needed.

The Effect of Different Forms of Violence on Women’s Attitudes Toward Gender Equality and Decision-Making Capacity

Affilia ◽  
2017 ◽  
Vol 33 (2) ◽  
pp. 193-207
Author(s):  
Jeyle Ortiz Rodriguez ◽  
Esteban Picazzo Palencia ◽  
Elías Alvarado Lagunas
Keyword(s):  
Decision Making ◽  
Sexual Violence ◽  
Gender Equality ◽  
Violence Against Women ◽  
Psychological Violence ◽  
Decision Making Capacity ◽  
Economic Violence ◽  
Forms Of Violence

The purpose of this article is to analyze the effect of different forms of violence on Mexican women’s attitudes and decision-making capacity. Specifically, attitudes toward gender equality are included as a mediator between violence and women’s decision-making capacity. Results reveal that attitudes are a partial mediator between physical, sexual, and psychological violence and women’s decision-making capacity. While physical, economic, and sexual violence negatively affect women’s decision-making capacity, economic violence against women increases their involvement in decision-making.

scholarly journals KEADILAN DAN KESETARAAN GENDER UNTUK PARA PEREMPUAN KORBAN KEKERASAN DALAM RUMAH TANGGA (KDRT)

2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Dudi Badruzaman
Keyword(s):  
Domestic Violence ◽  
Data Collection ◽  
Gender Equality ◽  
Violence Against Women ◽  
Secondary Data ◽  
National Commission ◽  
Scientific Concepts ◽  
Literature Study ◽  
Marginalized Groups ◽  
Forms Of Violence

Abstract  Forms of violence against women still occur in many places where women are always associated as marginalized groups that are discriminated against, oppressed, and subordinated to male domination. This study aims to 1). Why domestic violence still often occurs in many places in Indonesia even though legislation has been made to protect women's rights. 2). With the analysis of these questions, what should be done in order to reduce violence and provide justice for women in Indonesia. The method used by data collection techniques with literature study methods. And then collected from the reports of relevant agencies such as the National Commission on Violence Against Women, and scientific books that conduct similar studies, these secondary data are then interpreted qualitatively and supported by several scientific concepts and theories that have been put forward previously as a knife of analysis. This paper is expected to be able to raise awareness of the issue of violence against women in academic studies and provide an analysis and analysis of this issue.Keywords: Justice; gender equality; women.  Abstrak Bentuk kekerasan terhadap perempuan masih terjadi di banyak tempat para perempuan selalu diasosiasikan sebagai kelompok marjinal yang mendapat perlakuan diskriminatif, mengalami opresi, dan subordinasi atas dominasi laki-laki.  Penelitian ini bertujuan untuk 1). Mengapa KDRT masih kerap terjadi di banyak tempat di Indonesia meski produk perundang-undangan telah dibuat untuk melindungi hak perempuan. 2). Dengan hasil analisis atas pertanyaan tersebut, maka apa yang harus dilakukan dalam rangka mengurangi kekerasan dan memberi keadilan bagi perempuan di Indonesia. Metode yang digunakan dengan teknik pengumpulan data dengan metode studi literatur. Dan kemudian dikumpulkan dari laporan instansi terkait seperti laporan Komnas Perempuan, dan buku-buku ilmiah yang melakukan kajian serupa, data-data sekunder ini kemudian diinterpretasikan secara kualitatif dan didukung dengan beberapa konsep serta teori ilmiah yang telah dikemukakan sebelumnya sebagai pisau analisis. Tulisan ini diharapkan dapat menumbuhkan awareness atas isu kekerasan terhadap perempuan dalam studi akademis dan memberi penajaman analisis serta cara pandang atas isu ini.  Kata Kunci: Keadilan; kesetaraan gender; perempuan.

Women and Violence in Africa

2019 ◽  
Author(s):  
Peace A. Medie
Keyword(s):  
Intimate Partner Violence ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Partner Violence ◽  
Intimate Partner ◽  
Women's Movements ◽  
Early Marriage ◽  
Colonial Era ◽  
Genital Mutilation ◽  
Forms Of Violence

Violence, in all of its forms, touches girls and women’s lives in Africa. While there is evidence that girls and women do participate in violence, research has shown that a significant proportion of them have also been victims. Violence against women describes violence inflicted on girls and women because of their gender and includes femicide, rape, intimate partner violence, and human trafficking. It also includes harmful practices such as female genital mutilation and early marriage. While it is a global problem, the levels of some forms of violence against women are particularly high in Africa. The problem is caused by a complex interaction of factors operating at multiple levels, including at the global level. Historical records show that acts of violence against women, including intimate partner violence and non-partner sexual violence, were perpetrated during the colonial era. During this period, perpetrators of non-partner sexual violence included colonial officers and troops under their command. Cases brought before colonial courts sometimes resulted in the conviction of the offender, but sentences were generally light. However, incidents of violence against women were mostly resolved within the family or community, with relatives and traditional leaders playing a central role. The post-independence period has seen increased attention to violence against women. Activism by women’s movements contributed to placing the issue on the agenda of states and of international organizations such as the United Nations. Sexual violence perpetrated by armed actors during wars in the 1990s also served to draw attention to violence against women. Consequently, most African countries have amended colonial-era rape laws and have adopted new legislation to address acts such as intimate partner violence, early marriage, and female genital mutilation. Many of them have also created specialized criminal-justice-sector institutions to address various forms of violence against women. These actions on the part of states have been influenced by women’s movements and by pressure from international organizations such as the United Nations. While this demonstrates progress on the part of African states, there is a large implementation gap in most countries. Thus, girls and women rarely benefit from the progressive laws on the books. This demonstrates that there is much work that needs to be done to address violence against women in Africa.

scholarly journals BANGKIT DARI KETERTINDASAN (Studi atas Pemikiran Kesetaraan Gender Fatayat NU)

2012 ◽  
Vol 11 (1) ◽  
pp. 115
Author(s):  
Arif Nuh Safri
Keyword(s):  
Gender Equality ◽  
Gender Justice ◽  
And Gender ◽  
Forms Of Violence

Fatayat NU is one of the Islami cwomen's organizations in Indonesia. This organization has a goal, deletionall forms of violence, injustice and poverty in the community by developinga constructivediscourseof sociallife, democracy and gender justice. Therefore, throught his organizational sobuilds awareness of women's criticalto realizing gender equality and justice. Throughthis article, I will explain howFatayatNUtried tobuild an opinionand fighting forthe rights of womento beable to rise fromoppression

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