scholarly journals A transformação do ordenamento jurídico brasileiro após o Caso Maria da Penha

2021 ◽  
Vol 8 (2) ◽  
pp. 104-124
Author(s):  
Geisa Oliveira Daré

The a priori perception of the end of impunity for the aggressor clearlyhelps to prevent violence. Herein lies the importance of the social transformationof law. This article analyzes the main transformations of the Brazilian legal sys-tem in an attempt to combat domestic and family violence against women, asa consequence of the condemnation that Brazil suffered on April 4, 2001, by theInter-American Commission on Human Rights, in the Case of Maria da Penha. Itwill be demonstrated that the former situation of neglect and disrespect for wo-men’s rights in Brazil has been gradually rectified over the years since, havingnow reached an adequate level of legislative protection.

2016 ◽  
Vol 4 (1) ◽  
pp. 19
Author(s):  
Cecilia Barraza Morelle

Resumen: Esta ponencia plantea el problema de laviolencia contra las mujeres en el contexto de las políticaspúblicas para mujeres el municipio de Cali, desdeel enfoque de derechos humanos. Se advierte que esfundamental la participación de la sociedad en la definiciónde las políticas públicas, puesto que el fin últimode las políticas públicas es transformar la sociedad, paralo cual se plantea la meta de transversalizar el género enla administración. Se presenta el panorama de laviolencia intrafamiliar y sexual mediante datos forenses.Se reconoce la incidencia del conflicto armado enColombia, así como la existencia de una brecha considerableentre el reconocimiento formal de los derechosde las mujeres y el ejercicio real de éstos. Finalmente, seconcluye que se deben diseñar políticas que cumplancon cuatro condiciones: continuas en el tiempo, integrales,enmarcadas en una política de Estado, e insertasen esfuerzos de construcción de paz y democracia parael conjunto de la sociedad.Palabras clave: Violencia contra las mujeres, violenciasexual, violencia intrafamiliar, políticas públicas,transversalización de género.Abstract: This presentation focuses violence againstwomen in the context of public policy for women in Califrom a human rights approach. The participation ofsociety as a whole in defining public policy is seen asfundamental, sin its ultimate end is to transform society,which necessitates the goal of gender mainstreaming. Thepanorama of family and sexual violence is presentedthrough forensic data. The incidence of the armed conflictin Colombia is important, and there is a considerablegap between the formal acknowledgement of women’srights and their enjoyment by women in reality. Finally,it is concluded that public policies to be designed shouldfulfill four conditions: they must be continuous, integral,framed in a State policy, and in efforts for the constructionof peace and democracy for society as a whole.Key Words: Violence against women, sexual violence,family violence, public policy, gender mainstreaming.


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.


Young ◽  
2012 ◽  
Vol 20 (4) ◽  
pp. 345-355 ◽  
Author(s):  
Rossana Reguillo

The commitment to analyze, interrogate and articulate the meaning of youth violence in a geopolitical arena, that is reorganizing global relations through appeals to fear and diverse rhetoric of security, acquires a crucial importance. This is particularly the case as certain categories of young people are demonized a priori and as the violent acts attributed to them are presented in an extremely simplified version. The immediate effect is the fuelled anger of the so-called public opinion and the emergence of the propitious environment for the implementation of authoritarian solutions that are detrimental to democracy and human rights. The mara represents the perfect portrait of an extreme threat and unfortunately, its members actively participate in the dissemination of their own myth, in which fiction and reality intermingle to certify that post-apocalyptic prophesies do take place on those meaning-inscribed bodies that advance ominously upon both real and symbolic territories as living testaments to the fragility of the social order that we have created.


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.


Author(s):  
Jutta Joachim

For centuries, women have been struggling for the recognition of their rights. Women’s rights are still being dismissed by United Nations (UN) human rights bodies and even governments, despite the Universal Declaration of Human Rights of 1948 prohibiting discrimination on the basis of sex. It was not until the 1993 UN World Conference on Human Rights in Vienna, Austria that states began to recognize women’s rights as human rights. However, this institutional change cannot solely be credited to the UN, but more importantly to the work of international women’s organizations. According to the social movement theory, these organizations have been permeating intergovernmental structures and, with the help of their constituents and experienced leaders, framing women’s rights as human rights in different ways throughout time. It is through mobilizing resources and seizing political opportunities that women’s rights activists rationalize how discrimination and exclusion resulted from gendered traditions, and that societal change is crucial in accepting women’s rights as fully human. But seeing as there are still oppositions to the issue of women’s rights as human rights, further research still needs to be conducted. Some possible venues for research include how well women’s rights as human rights travel across different institutions, violence against women, how and in what way women’s rights enhance human rights, and the changes that have taken place in mainstream human rights and specialized women’s rights institutions since the late 1980s as well as their impact.


1970 ◽  
pp. 28-37
Author(s):  
Azza Charara Baydoun

Lebanese civil society organizations that work to promote the principles and values of human rights led the efforts to publicly expose the issue of violence against women (hereafter VAW) in the mid-90s of the last century. Since 2008, a coalition of these organizations has been working on a draft law that protects women from family violence, organizing media and advocacy campaigns, and lobbying with legislative bodies and policy makers to promote the passing of the bill. These campaigns with respect to the draft law are a culmination of a number of activities aimed at assisting battered women by lending an ear to their suffering; providing them with legal, medical, psychological, and professional support; and offering shelter to those in danger.


1970 ◽  
pp. 38-45
Author(s):  
May Abu Jaber

Violence against women (VAW) continues to exist as a pervasive, structural,systematic, and institutionalized violation of women’s basic human rights (UNDivision of Advancement for Women, 2006). It cuts across the boundaries of age, race, class, education, and religion which affect women of all ages and all backgrounds in every corner of the world. Such violence is used to control and subjugate women by instilling a sense of insecurity that keeps them “bound to the home, economically exploited and socially suppressed” (Mathu, 2008, p. 65). It is estimated that one out of every five women worldwide will be abused during her lifetime with rates reaching up to 70 percent in some countries (WHO, 2005). Whether this abuse is perpetrated by the state and its agents, by family members, or even by strangers, VAW is closely related to the regulation of sexuality in a gender specific (patriarchal) manner. This regulation is, on the one hand, maintained through the implementation of strict cultural, communal, and religious norms, and on the other hand, through particular legal measures that sustain these norms. Therefore, religious institutions, the media, the family/tribe, cultural networks, and the legal system continually disciplinewomen’s sexuality and punish those women (and in some instances men) who have transgressed or allegedly contravened the social boundaries of ‘appropriateness’ as delineated by each society. Such women/men may include lesbians/gays, women who appear ‘too masculine’ or men who appear ‘too feminine,’ women who try to exercise their rights freely or men who do not assert their rights as ‘real men’ should, women/men who have been sexually assaulted or raped, and women/men who challenge male/older male authority.


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