Using the law to challenge gender based violence in university communities

Author(s):  
Louise Whitfield
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.


Author(s):  
Ruth Lewis ◽  
Sundari Anitha

This concluding chapter consolidates some of the book's key themes, such as the analysis of gender based violence (GBV) in university settings as part of the continuum of violence that includes sexual violence and sexual harassment; a gendered understanding of and approach to GBV in universities; and student activism to challenge GBV. It also discusses a jigsaw of responses to tackle GBV, including curriculum-based initiatives such as bystander programmes; the roles of various actors, such as academics, students and feminist communities — in collaboration and as collectives — in this jigsaw of strategies; and gaps and possibilities in current research and practice. Finally, the chapter considers the future directions of activism, policy, practice and research on the issue of GBV in university communities and offers some suggestions about the nature of activism and action that can address this problem as well as the role that academic research can play in this process.


Author(s):  
Sundari Anitha ◽  
Ruth Lewis

This introduction discusses the context and contours of some of the recent and emerging debates on gender based violence (GBV) in university communities. It begins by defining GBV as ‘behaviour or attitudes underpinned by inequitable power relations that hurt, threaten or undermine people because of their (perceived) gender or sexuality’. GBV encompasses a continuum of behaviours and attitudes such as domestic violence, sexual violence, and expressions on social media which normalise sexism and sexual objectification. This introduction explains the nature of the problem associated with GBV, how to understand and respond to the possibilities and challenges that it presents, and how gender as a lens is increasingly becoming obscured when considering the causes and consequences of GBV. It also argues that we need to rethink the punitive responses, service provision and prevention education used to address GBV in universities. Finally, it provides an overview of the chapters that follow.


2019 ◽  
Vol 21 (2) ◽  
pp. 92-96
Author(s):  
Elisabete Azevedo-Harman ◽  
Ricardo Godinho Gomes

Until recently, higher education in the United Kingdom has largely failed to recognise gender based violence (GBV) on campus, but following the UK government task force set up in 2015, universities are becoming more aware of the issue. And recent cases in the media about the sexualised abuse of power in institutions such as universities, Parliament and Hollywood highlight the prevalence and damaging impact of GBV. This book provides the first in-depth overview of research and practice in GBV in universities. The book sets out the international context of ideologies, politics and institutional structures that underlie responses to GBV and sexual violence elsewhere in Europe, in the United States, and in Australia, and considers the implications of implementing related policy and practice. Presenting examples of innovative British approaches to engagement with the issue, the book also considers UK, EU and UN legislation to give an international perspective, making it of direct use to discussions of ‘what works’ in preventing GBV.


AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 321-325
Author(s):  
Fareda Banda

There are cases that one never forgets. DPP v. Morgan is one of those for me. I read it as an eighteen-year-old in my first year of law school. It was in the criminal law class where we were being taught about rape. The facts left me shocked and outraged. Morgan went out drinking with his friends. At the end of the night, he invited the friends back to his house. He told them that they could have sex with his wife and added that they should not worry if she appeared to resist, because she liked it that way. The friends duly came over and helped themselves to his wife as per his instructions. Morgan also forced her to have sex with him despite her protestations. She experienced injuries which necessitated medical treatment. His friends were convicted of rape, but he was convicted of indecent assault. This seemed strange. Had they all not forced her to have sex with them despite her clearly expressed refusal? Why was he charged with a lesser crime? The reason was simple: he was her husband. Under the law as it then operated in England, there was no recognition of marital rape. Her consent to lifelong sex on demand, even if it was against her will, was taken as part of the contract of marriage. The words “I do” spoken at the time of the marriage, were taken to mean free access for the husband for as long as they both lived, or until the marriage was legally dissolved or a formal separation was in place.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-11
Author(s):  
Annisa Hafizhah ◽  
Lamsumihar Andjelina Panggabean

Hukum diciptakan manusia untuk melindungi dan menertibkan masyarakat. Sayangnya, hukum yang dibuat manusia memiliki keterbatasan saat berhadapan dengan perubahan zaman. Pola kehidupan masyarakat terus berkembang dan  hukum dituntut untuk selalu bisa menyeleraskan diri padahal proses menciptakan hukum tidak mudah. Perlu pemikiran dan waktu yang cukup untuk merumuskan peraturan yang baik sementara masyarakat tidak bisa menunggu hukum terlalu lama untuk menyelesaikan berbagai fenomena yang terjadi, termasuk online grooming. Online grooming adalah kekerasan berbasis gender yang dilakukan secara online untuk memperdaya korban agar menyerahkan foto atau video yang memuat atribut seksualnya. Saat ini belum ada peraturan yang secara khusus mengatur online grooming, namun ada beberapa metode tertentu yang bisa digunakan agar peraturan perundang-undangan yang ada saat ini bisa dipakai untuk menjerat pelaku online grooming. ===== Law was created by humans to protect and order society. Unfortunately, human-made laws have limitations when facing the massive development. The pattern of people's culture continues to develop and the law is expected to always be relevant even though the process of creating laws is not easy. It takes a lot of concern and time to formulate good rules, while society cannot wait too long for the law to resolve various phenomena that occur, including online grooming. Online grooming is an online gender-based violence that is carried out to trick victims into submitting photos or videos that contain their sexual attributes. Currently there are no regulations that specifically regulate online grooming, but there are certain methods that can be used so that the existing laws and regulations can be used to arrest online grooming criminals.


MUWAZAH ◽  
2018 ◽  
Vol 10 (2) ◽  
pp. 138
Author(s):  
Cintami Farmawati

The  research of participatory  aims to increase community participation in prevention of domestic violence, through counseling against gender based violence. Research location in Semarang. Data collection techniques using direct observation, interviews with counseling participants, pre test and post test. The results of the analysis show that, there is an increase in people's knowledge and understanding of the Law on the Elimination of Domestic Violence, the situation of gender based violence and the problem of assistance and government programs in the elimination of gender based violence. In addition, there is a change in attitude shown through participant participation in activities, the ability to explain and describe the material that has been conveyed by the resource person, conveying ideas and thoughts about the steps and solutions that can be done in removing gender-based violence, and then domestic violence. Therefore, a religious approach should be developed to reduce religious fundamentalism which is detrimental to women in various extension, socialization, campaign and other activities


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