TOWARDS THE ISSUE ON RATIFICATION OF THE ILO VIOLENCE AND HARASSMENT CONVENTION NO. 190 BY UKRAINE

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2020/5.115-3 ◽

2020 ◽

pp. 13-16

Author(s):

Sergii Venediktov

Keyword(s):

Occupational Safety ◽

Legal Regulation ◽

Easy Access ◽

Gender Based Violence ◽

Psychosocial Risks ◽

Labour Relations ◽

The World ◽

Gender Based ◽

And Gender ◽

The Impact

The article provides a comparative analysis of the ILO Convention No. 190 and Ukrainian legislation concerning the issues of combating violence and harassment in the world of work. ILO standards have traditionally been one of the key sources of national labour law. Conventions and recommendations of this organization represent a balance of interests of workers, employers and governments, which have also been properly tested both in time and in practice. ILO Convention No. 190 is not an exception in this case. Ratification of this Convention will not only strengthen the international status of Ukraine, but also improve national mechanisms to combat violence and harassment in labour relations. Among the key features of the ILO Convention No. 190 the following should be highlighted: providing a definition of "violence and harassment" in the world of work, specification of the powers of the labour inspectorate in terms of detecting cases of violence and harassment, adoption in consultation with employees a workplace policy on violence and harassment, ensuring easy access to appropriate and effective remedies and dispute resolution mechanisms, etc. It has been established that Ukraine currently has a proper basis for ratification of ILO Convention No. 190. This is primarily due to the adoption in 2017 of the Law on Prevention and Counteraction to Domestic Violence, which introduced a number of important amendments to existing legislation in terms of enshrining at the regulatory level the concepts of "sexual harassment" and "gender-based violence", as well as mechanisms to combat them. The recognition of this Convention as legally binding for Ukraine would further eliminate a number of existing gaps in legal regulation relating to combating violence and harassment in the world of work. Such gaps include: the lack of a clear mandate from the State Labour Service to exercise state control over employers' compliance with anti-violence and harassment legislation, not taking into account violence and harassment and associated psychosocial risks in the management of occupational safety and health, lack of norms that would mitigate the impact of do- mestic violence in the world of work, etc.

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Custody and Care of Children in Spain: Can the Two Rights be Reconciled?

Feminist Legal Studies ◽

10.1007/s10691-021-09466-2 ◽

2021 ◽

Author(s):

Marcela Jabbaz Churba

Keyword(s):

Gender Gap ◽

Gender Stereotypes ◽

Parental Authority ◽

Decision Making Process ◽

Gender Based Violence ◽

Judicial Process ◽

Gender Based ◽

And Gender ◽

Children’S Voices ◽

The Impact

AbstractThis study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender stereotypes; and (3) the situation post-decision, showing how any existing violence continues after divorce, by means of parental authority. The concept of ‘motherhood under threat’ is placed at the centre of these issues, where children’s voices are given the least attention.

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Advancing the Agenda of the Confederation of Trade Unions on the Prevention of Sexual Violence in the World of Work in Indonesia

Jurnal Perempuan ◽

10.34309/jp.v26i1.588 ◽

2021 ◽

Vol 26 (1) ◽

pp. 63

Author(s):

Atnike Nova Sigiro

Keyword(s):

Sexual Violence ◽

Gender Equality ◽

Trade Union ◽

Trade Unions ◽

Ad Hoc ◽

Gender Based Violence ◽

The World ◽

Gender Based ◽

And Gender ◽

Set Up

<p>This article was formulated based on interviews with 5 (five) trade union confederations from a number of confederations in Indonesia, namely: Konfederasi Serikat Pekerja Nasional (KSPN), Konfederasi Sarikat Buruh Muslimin Indonesia (KSarbumusi), Konfederasi Serikat Buruh Seluruh Indonesia (KSBSI), Konfederasi Serikat Pekerja Indonesia (KSPI), and Konfederasi Kongres Aliansi Serikat Buruh Indonesia (KKASBI). This article seeks to explore the efforts made by the trade union confederation in promoting gender equality - specifically in advancing the agenda for the prevention and elimination of sexual violence in the world of work. This article was compiled based on research with a qualitative approach, with data collection methods through interviews and literature studies. The results of this study found that the confederations interviewed had already set up internal structures that have specific functions on issues related to gender equality, gender-based violence, and women’s empowerment; although still limited and on ad-hoc basis. This research also finds that the role of the trade union confederation is particularly prominent in advocating policies related to sexual violence and gender-based violence in the world of work, such as advocating the Bill on the Elimination of Sexual Violence, and the ratification of the ILO Convention No. 190 on Violence and Harassment.</p>

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Creating a New Trail

Girlhood Studies ◽

10.3167/ghs.2019.120301 ◽

2019 ◽

Vol 12 (3) ◽

pp. v-vi

Author(s):

Claudia Mitchell

Keyword(s):

Black Girls ◽

New Order ◽

Gender Based Violence ◽

Gender Nonconforming ◽

White Girls ◽

The Arts ◽

Gender Based ◽

And Gender ◽

The One ◽

The Impact

The concerns addressed by the authors in this issue point to the need for a reimagining of girlhood as it is currently framed by settler and carceral states. To quote the guest editors, Sandrina de Finney, Patricia Krueger-Henney, and Lena Palacios, “The very notions of girl and girlhood are embedded in a colonial privileging of white, cis-heteropatriarchal, ableist constructs of femininity bolstered by Euro-Western theories of normative child development that were—and still are—violently imposed on othered, non-white girls, queer, and gender-nonconforming bodies.” Indigenous-led initiatives in Canada, such as the Networks for Change: Girl-led ‘from the Ground up’ Policy-making to Address Sexual Violence in Canada and South Africa project, highlighted in four of the eight articles in this issue, along with the insights and recommendations offered in the articles that deal with the various positionalities and contexts of Latinx and Black girls, can be described as creating a new trail. In using the term trail, here, I am guided by the voices of the Indigenous researchers, activists, elders, and community scholars who participated in the conference called More Than Words in Addressing Sexual and Gender-based Violence: A Dialogue on the Impact of Indigenous-focused, Youthled Engagement Through the Arts on Families and Communities held in Montreal. Their use of the term trail suggests a new order, one that is balanced between the ancestors and spiritual teachings on the one hand, and contemporary spaces that need to be decolonized on the other with this initiative being guided by intergenerationality and a constant interrogation of language. The guest editors of this special issue and all the contributors have gone a long way on this newly named trail.

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Law, criminalisation and HIV in the world: have countries that criminalise achieved more or less successful pandemic response?

BMJ Global Health ◽

10.1136/bmjgh-2021-006315 ◽

2021 ◽

Vol 6 (8) ◽

pp. e006315

Author(s):

Matthew M Kavanagh ◽

Schadrac C Agbla ◽

Marissa Joy ◽

Kashish Aneja ◽

Mara Pillinger ◽

...

Keyword(s):

Viral Suppression ◽

Hiv Transmission ◽

People Living With Hiv ◽

Hiv Status ◽

Gender Based Violence ◽

Hiv Virus ◽

The World ◽

Gender Based ◽

And Gender ◽

Living With Hiv

How do choices in criminal law and rights protections affect disease-fighting efforts? This long-standing question facing governments around the world is acute in the context of pandemics like HIV and COVID-19. The Global AIDS Strategy of the last 5 years sought to prevent mortality and HIV transmission in part through ensuring people living with HIV (PLHIV) knew their HIV status and could suppress the HIV virus through antiretroviral treatment. This article presents a cross-national ecological analysis of the relative success of national AIDS responses under this strategy, where laws were characterised by more or less criminalisation and with varying rights protections. In countries where same-sex sexual acts were criminalised, the portion of PLHIV who knew their HIV status was 11% lower and viral suppression levels 8% lower. Sex work criminalisation was associated with 10% lower knowledge of status and 6% lower viral suppression. Drug use criminalisation was associated with 14% lower levels of both. Criminalising all three of these areas was associated with approximately 18%–24% worse outcomes. Meanwhile, national laws on non-discrimination, independent human rights institutions and gender-based violence were associated with significantly higher knowledge of HIV status and higher viral suppression among PLHIV. Since most countries did not achieve 2020 HIV goals, this ecological evidence suggests that law reform may be an important tool in speeding momentum to halt the pandemic.

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COMBATING GENDER-BASED VIOLENCE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

Juridical science ◽

10.32844/2222-5374-2020-105-3.19 ◽

2020 ◽

pp. 152-160

Author(s):

Н. Ю. Грідіна

Keyword(s):

Domestic Violence ◽

Legal Framework ◽

Legal Regulation ◽

Social Program ◽

Field Of View ◽

Gender Based Violence ◽

Public Authorities ◽

Standard Program ◽

Gender Based ◽

And Gender

The article proves that the prevention of gender-based violence as an object of administrative and legal regulation is a system of measures defined by law, which are carried out by the relevant authorities to stop such violence, provide assistance to victims, ensure their protection, victims receive compensation, and also ensuring proper investigation and prosecution of the perpetrators. Based on the analysis of the current legislation, it is established that the issues of combating gender-based violence are in the field of view of public authorities. The available legal framework covers the main areas of such counteraction. However, statistics that show an increase in the number of cases of gender-based violence necessitate the improvement of mechanisms for preventing and combating gender-based violence, as well as the interaction of actors in this area. It was found that in 2020, the Decree of the President of Ukraine decided to recognize the need for immediate implementation of measures aimed at protecting the rights and interests of victims of domestic violence and gender-based violence. In this regard, the Cabinet of Ministers of Ukraine was instructed, in particular: to develop and approve a state social program to prevent and combat domestic violence and gender-based violence until 2025; approval of a standard program for victims, as well as improvement of a standard program for offenders, providing appropriate guidelines for the implementation of such programs; ensure the development of bills aimed at establishing liability for harassment (stalking), including through the use of electronic means of communication, such as gender-based violence. The lack of effectiveness of the mechanism for preventing and combating gender-based violence and ensuring the protection of the rights of victims of such violence is emphasized, which is one of the main problems in this area and necessitates the improvement of relevant legislation.

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Domestic violence: Evidence-based policies before and during the pandemic in Greece

Temida ◽

10.2298/tem2101003a ◽

2021 ◽

Vol 24 (1) ◽

pp. 3-23

Author(s):

Vasiliki Artinopoulou

Keyword(s):

Domestic Violence ◽

Social Services ◽

Evidence Based ◽

Gender Based Violence ◽

The Public ◽

The Social ◽

Gender Based ◽

And Gender ◽

The Impact ◽

Critical Aspects

Domestic violence and gender-based violence has been studied and recognised for many years in Greece. Adequate legislation on the criminalization of domestic violence has been implemented since 2006 (Law 3500/2006 on the Confrontation of Domestic Violence). A network of support services has also operated across the country for many years, staffed with professionals trained in the gender-sensitive perspective. However, Greece still faces the impact of the economic crisis that started in 2010 and the critical aspects of the crisis from the reduction of the public budget imposed by the European institutions in the lives of the individuals, the victims and the providers of the social services have not been fully assessed yet. The COVID-19 pandemic created problems in the victims? access to social services and not only. The shadow pandemic describes the alarm on the increase of domestic violence during the pandemic and the isolation of the victims from the providers of social and psychological support. Addressing both the issue of domestic violence through a victim-centered approach before and during the pandemic in Greece and the need for the implementation of evidence-based policies are the general aims of the paper. To this, we present few findings from an original victimological online research on domestic violence during the first lockdown in the country (March to May 2020) and we justify the need for the implementation of evidence-based policies in the criminal justice system in Greece.

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Continuum of Sexual and Gender-Based Violence Risks among Syrian Refugee Women and Girls in Lebanon

10.21203/rs.2.12094/v2 ◽

2020 ◽

Author(s):

Sophie Roupetz ◽

Garbern Stephanie ◽

Michael Saja ◽

Bergquist Harveen ◽

Glaesmer Heide ◽

...

Keyword(s):

Host Community ◽

First Person ◽

Gender Based Violence ◽

Refugee Women ◽

Syrian Refugee ◽

Wide Range ◽

Women And Girls ◽

Gender Based ◽

And Gender ◽

The Impact

Abstract Background: A myriad of factors including socio-economic hardships impact refugees, with females being additionally exposed to various forms of sexual and gender-based violence (SGBV). The aim of this qualitative analysis was to provide new insight into the experiences of SGBV among Syrian refugee women and girls in Lebanon. Methods: The data are gained from a larger mixed-methods study, investigating the experiences of Syrian refugee girls in Lebanon, using an iPad and the data collection tool, SenseMaker ®. The survey intentionally did not ask direct questions about experiences of SGBV but instead enabled stories about SGBV to become apparent from a wide range of experiences in the daily lives of Syrian girls. F or this analysis, first-person stories by female respondents about experiences of SGBV were included in a thematic analysis. A random selection of male respondents who provided stories about the experiences of Syrian girls in Lebanon was also analyzed. Results: In total, 70 of the 327 first person stories from female respondents and 42 of the 159 stories shared by male respondents included dialogue on SGBV. While experiences of sexual harassment were mainly reported by females, male respondents were much more likely to talk explicitly about sexual exploitation. Due to different forms of SGBV risks in public, unmarried girls were at high risk of child marriage, whereas married girls more often experienced some form of IPV and/or DV. In abusive relationships, some girls continued to face violence as they sought divorces and attempted to flee unhealthy situations. Conclusions: This study contributes to existing literature by examining SGBV risks and experiences for refugees integrated into their host community, and also by incorporating the perceptions of men. Our findings shed light on the importance of recognizing the impact of SGBV on the family as a whole, in addition to each of the individual members and supports considering the cycle of SGBV not only across the woman ’ s lifespan but also across generations . Gendered differences in how SGBV was discussed may have implications for the design of future research focused on SGBV.

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Survey of violence against women at a refugee settlement in Uganda

Impact ◽

10.21820/23987073.2021.7.24 ◽

2021 ◽

Vol 2021 (7) ◽

pp. 24-25

Author(s):

Tamaki Hatano

Keyword(s):

Psychological Health ◽

Associate Professor ◽

Refugee Camps ◽

Gender Based Violence ◽

Humanitarian Emergencies ◽

Life Paths ◽

Physical And Psychological Health ◽

Gender Based ◽

And Gender ◽

The Impact

Sexual and gender-based violence (SGBV) can have long-term repercussions on the mental and physical health of survivors. The threat of SGBV increases for women and girls in times of crisis and is on the rise in humanitarian emergencies. For example, women in refugee camps are at risk of SGBV. Associate Professor Tamaki Hatano is working to promote awareness of this situation and help establish a future where SGBV is eradicated. In her work, she conducts interviews with female refugees in order to hear their stories and learn of their experiences. At present, Hatano is studying the Kiryandongo Refugee Settlement in Uganda. Although her work has been interrupted by the COVID-19 pandemic, in 2015 and 2016 she visited the Settlement and interviewed 30 women. In doing so, she found that SGBV, including rape and violence in the form of theft and threats, is pervasive. This work also highlighted the impact of SGBV on physical and psychological health and how it can alter life paths. This work confirmed to Hatano that there is a need for improved systems in place, including the establishment of a culture in which women feel safe reporting SGBV and also feel assured that their experiences will be taken seriously and that they will be protected. In enhancing awareness and understanding of SGBV, Hatano envisions a future where it is eradicated.

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Crossing Borders

Immigrant Women’s Voices and Integrating Feminism Into Migration Theory - Advances in Religious and Cultural Studies ◽

10.4018/978-1-7998-4664-2.ch011 ◽

2021 ◽

pp. 195-213

Author(s):

Burcu Ozturk ◽

Asli Cennet Yalim ◽

Sinem Toraman

Keyword(s):

Mental Health ◽

United Nations ◽

Health Issues ◽

Gender Based Violence ◽

Future Directions ◽

Mental Health Issues ◽

High Commissioner ◽

The World ◽

Gender Based ◽

And Gender

People around the world are moving from their home countries to other destinations to find safety for various reasons such as war, poverty, and violence. According to the United Nations High Commissioner for Refugees (UNHCR), 70.8 million people had been forced to move from their home countries by the end of 2018 and half of the world's displaced population is women. This chapter explores the challenges that refugee and asylum-seeker women experience, including mental health issues and sexual and gender-based violence. The authors systematically reviewed relevant studies that have been published in peer-reviewed journals that were from January 2000 through January 2020. Six articles met the inclusion criteria. The authors critically explored and analyzed these six articles, and the findings were discussed under the subjects of mental health and gender-based issues. Finally, recommendations were made to determine future directions for practice, policy, and research.

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