scholarly journals Domestic Violence and Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge from Spousal Violence—and Why Reform Is Needed

Refuge ◽  
1969 ◽  
Vol 26 (2) ◽  
pp. 147-164
Author(s):  
Constance MacIntosh
Keyword(s):  
Domestic Violence ◽  
Intimate Violence ◽  
Cultural Economic ◽  
Refugee Protection ◽  
Local Police ◽  
The Social ◽  
Gender Based ◽  
And Gender ◽  
Training And Support ◽  
State Protection

This report is an effort to address information gaps regarding how gendered claims are addressed by adjudicators at Canada’s Refugee Protection Division of the Immigration and Refugee Board of Canada (the RPD). It looks at one specific type of gendered claim: persecution through domestic or intimate violence. The study considers all the RPD decisions from 2004 to 2009 and judicial reviews from 2005 to 2009 that were reported in the Quicklaw LexisNexis service. These decisions are analyzed both quantitatively and qualitatively. This report finds adjudicators consistently identify domestic violence as a form of gendered persecution that can form a nexus to a convention ground. However, despite contrary directions from the Gender Guidelines, adjudicators often fail to recognize the social, cultural, economic, and psychological dynamics of domestic abuse as legally relevant for their assessment of state protection. There is a striking failure on this account when it comes to determining if it was reasonable to expect the claimant to seek state protection. This report presents data on factors such as the rates at which adjudicators consider the adequacy of women’s shelters and the responsiveness of local police to complaints. As well as identifying the frequency and grounds for which judicial reviews are granted, this report also presents a series of recommendations for reform. These recommendations identify where studies are needed, how the Gender Guidelines need reform to make them a helpful instrument, and how training and support for PRD adjudicators needs to be enhanced.

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

Temida ◽  
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.

A LOOK AT DOMESTIC AND GENDER-BASED VIOLENCE IN PORTUGAL: FROM LAW TO DISCOURSES

2021 ◽  
Author(s):  
Jacqueline Marques
Keyword(s):  
Domestic Violence ◽  
Social Evolution ◽  
Gender Inequalities ◽  
Gender Based Violence ◽  
News Stories ◽  
The Social ◽  
Portuguese Society ◽  
Victims Of Violence ◽  
Gender Based ◽  
And Gender

Despite legislative advancements, domestic violence is still today a crime considered as "minor" by many, or often the actions that materialise it are not even recognised. The first steps in Portuguese legislation were taken by the Penal Code approved in 1982, which typified the crime of ill-treatment between spouses, and by the Law n. º 61/91 of 13th of August, which guaranteed “adequate protection to women victims of violence”. However, only in 2007, was the crime of Domestic Violence created, which shows, from 1982 until then, a long path of hesitations and slow social evolution concerning the consciousness of this crime’s seriousness. Until 2007, the crime of spousal abuse was integrated in a broader criminal arrangement, characterised by the abuse of persons. In 2009, with the typification of the crime of Domestic Violence and with the publication of the legal regime applicable to the prevention, protection, and assistance of victims, denominated as Law of Domestic Violence, a more consolidated phase was inaugurated, in both legal treatment and social intervention. Despite these evolutions, Portugal continues to witness an attitude of "social and collective consent" to some forms of Domestic Violence, oftentimes disguised in the acceptance and normalisation of gender inequalities. We have seen news stories where judgements are presented, within the scope of Domestic Violence cases, where discriminatory ideas against women and excuses for the crime of Domestic Violence are manifested. This is proof that some of the representatives of justice (the judges) do not accept what has already been legally approved in the Portuguese legal system. Similarly, recent studies on the population’s perception of domestic and gender-based violence show the abiding ideas and understandings of acceptance and normalisation of domestic and gender-based violence in Portuguese society. We intend to present the evolution of the typification of the crime of domestic violence in Portugal. Then, we intend to understand how this phenomenon has been perceived in Portuguese society. Therefore, we will be able to understand the continuities and ruptures between the legislative body and the social body in what concerns Domestic Violence and Violence against Women in Portugal.

scholarly journals Xenofobia e violência de gênero: uma análise de manchetes veiculadas no webjornalismo brasileiro sobre mulheres venezuelanas

2021 ◽  
Vol 9 (1) ◽  
pp. 319-334
Author(s):  
Mauro Machado do Prado ◽  
Ana Paula de Castro Neves ◽  
Nathália Machado Cardoso Dardeau de Albuquerque
Keyword(s):  
Social Representations ◽  
Gender Violence ◽  
Gender Based Violence ◽  
Symbolic Annihilation ◽  
The Social ◽  
Las Mujeres ◽  
Gender Based ◽  
And Gender ◽  
América Del Sur ◽  
Digital Newspapers

O presente trabalho consiste em um estudo qualitativo das representações sociais de imigrantes venezuelanas na América do Sul no período de 2016 a 2019, a partir de manchetes de notícias divulgadas em jornais digitais brasileiros. O objetivo é verificar a ocorrência ou não de veiculações que constituam de forma explícita ou implícita uma violação à dignidade e aos direitos dessas mulheres, ao fomentar ou incitar a xenofobia e a violência de gênero na sociedade através de palavras, frases ou expressões capazes de provocar um aniquilamento simbólico. Para tanto, realizou-se um estudo bibliográfico e documental acerca das vulnerabilidades sociais presentes nos processos imigratórios contemporâneos, que foi consubstanciado com a análise de conteúdo (BARDIN, 2009), em abordagem qualitativa, de manchetes publicadas em jornais digitais brasileiros. A partir da análise realizada, foi possível inferir que estes veículos de comunicação vêm frequentemente descrevendo a migração venezuelana como um problema, mas em conotação negativa, sem o cuidado de descrição do contexto de forma mais clara e abrangente da questão a ser noticiada.   Xenofobia y violencia de género: un análisis de los titulares de las mujeres venezolanas en el periodismo web brasileño El presente trabajo consiste en un estudio cualitativo de las representaciones sociales de los inmigrantes venezolanos en América del Sur en el período de 2016 a 2019, a partir de titulares de noticias publicados en periódicos digitales brasileños. El objetivo es verificar la ocurrencia o no de colocaciones que constituyan explícita o implícitamente una violación a la dignidad y derechos de estas mujeres, al promover o incitar la xenofobia y la violencia de género en la sociedad a través de palabras, frases o expresiones capaces de provocar una aniquilación simbólica. Para ello, se realizó un estudio bibliográfico y documental sobre las vulnerabilidades sociales presentes en los procesos migratorios contemporáneos, el cual fue fundamentado con análisis de contenido (BARDIN, 2009), en un enfoque cualitativo, de titulares publicados en diarios digitales brasileños. Del análisis realizado, se pudo inferir que estos medios de comunicación han venido describiendo muchas veces la migración venezolana como un problema, pero en una connotación negativa, sin preocuparse por describir de manera más clara y completa el contexto del tema a reportar. Palabras clave: Derechos humanos de la mujer. La violencia de género. Xenofobia. Periodismo web.   Xenophobia and gender violence: an analysis of headings broadcasted in brazilian webjornalism on venezuelan women The present work consists of a qualitative study of the social representations of Venezuelan immigrants in South America in the period from 2016 to 2019, based on news headlines published in Brazilian digital newspapers. The objective is to verify the occurrence or not of placements that explicitly or implicitly constitute a violation of the dignity and rights of these women, by promoting or inciting xenophobia and gender violence in society through words, phrases or expressions capable of provoking a symbolic annihilation. To this end, a bibliographic and documentary study was carried out on the social vulnerabilities present in contemporary immigration processes, which was substantiated with content analysis (BARDIN, 2009), in a qualitative approach, of headlines published in Brazilian digital newspapers. From the analysis carried out, it was possible to infer that these media outlets have often been describing Venezuelan migration as a problem, but in a negative connotation, without taking care to describe the context more clearly and comprehensively of the issue to be reported. Keywords: Women’s human rights. Gender-based violence. Xenophobia. Webjournalism.

Stabbed, shot, left to die: Christy Martin and gender-based violence in boxing

2020 ◽  
pp. 101269022097971
Author(s):  
Cathy van Ingen
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Media Coverage ◽  
Sociological Imagination ◽  
Criminal Trial ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender ◽  
World Champion ◽  
A Site

This article presents a biographical narrative of Christy Martin, a former world champion boxer who survived being stabbed and shot by her trainer/husband. Rooted in a sociological imagination, this biographic research chronicles Martin’s boxing career and its entanglements with gender-based violence. The boxing industry has a widely acknowledged, yet under-reported, problem with men’s violence against women. This article aims to illustrate that women’s boxing should be critically examined for the ways in which it functions both as a site of and a sanctuary from gender-based violence. Within this paper, I draw from media coverage of Christy Martin’s boxing career, over 700 pages of transcripts from the subsequent criminal trial, an interview with Martin, as well as my own research in women’s boxing, including work with survivors of domestic violence.

scholarly journals Ecofeminist invitations in the works of Sindiwe Magona

Literator ◽  
2017 ◽  
Vol 38 (1) ◽  
Author(s):  
Dianne Shober
Keyword(s):  
Literary Criticism ◽  
South African ◽  
Natural Sciences ◽  
Black South African ◽  
Global Challenges ◽  
The Social ◽  
African Writer ◽  
Gender Based ◽  
And Gender ◽  
Sindiwe Magona

The global challenges of environmental devastation and gender-based injustice require a multifocal approach in appropriating effective solutions. While acknowledging the effectual endeavours initiated through the social and natural sciences to counteract these areas of degradation, this paper offers another field of potential mediation: ecofeminist literary criticism. Through its interrogation of selected works by the black South African writer, Sindiwe Magona, it seeks to reveal the value of literature as a tool to counteract destructive political and patriarchal rhetorical paradigms, which have served to oppress nature and women and, through ecofeminist discourse, mitigate lasting global change.

scholarly journals Flânerie in Valerie Tagwira’s The Uncertainty of Hope

2021 ◽  
Vol 58 (2) ◽  
pp. 18-18
Author(s):  
Magdalena Pfalzgraf
Keyword(s):  
Political Violence ◽  
Urban Poor ◽  
Gender Based Violence ◽  
Spatial Mobility ◽  
Working Classes ◽  
The Social ◽  
Gender Based ◽  
And Gender ◽  
The 19Th Century ◽  
The City

Valerie Tagwira’s debut novel The Uncertainty of Hope, set in Harare in 2005, depicts the city on the brink of collapse, characterized by the effects of economic crisis and political violence against the urban poor. Political marginalization of the working classes and gender-based violence intersect and diminish the prospects for the social and spatial mobility of the urban poor. In this article I apply the lens of flânerie to the pedestrian movements of Tagwira’s protagonist Onai Moyo, an impoverished woman who makes a living by selling vegetables on Harare’s streets. In order to make a case for Onai’s ‘flânerie against all odds’, I revisit Walter Benjamin’s theorization as well as recent scholarly engagements with flânerie in non-European settings. By giving her protagonist a gaze traditionally associated with a European middle-class urbanity of the 19th century, Tagwira expands a tradition of city writing/walking and, like other contemporary engagements with flânerie, also breathes new life into a concept often pronounced inappropriate or unproductive for readings of non-European literature. 

COVID-19 LOCKDOWN AND GLOBAL RISE IN DOMESTIC VIOLENCE AND FEMICIDE

Ensemble ◽  
2021 ◽  
Vol SP-1 (1) ◽  
pp. 72-80
Author(s):  
SANJNA PLAWAT ◽  
Keyword(s):  
Domestic Violence ◽  
Severe Side Effect ◽  
Intimate Violence ◽  
News Reports ◽  
News Sources ◽  
Research Article ◽  
The Social ◽  
Intimate Abuse ◽  
The World ◽  
Unwanted Pregnancies

The global lockdown following the massive spread of COVID-19 pandemic has turned out to be a bitter pill to swallow for prevailing domestic violence sufferers with news data reporting a steep rise in the cases of intimate abuse and femicide in almost each country of the globe. The contagion leaves no section of the society at mercy, but news reports from different parts of the world verify the coronavirus as having a severe side effect on women amidst the quarantine period. This research article showcases the disturbing rise in the women helpline distress calls all over the world and will address this sensitive issue by throwing light on the grave matters concerning an upsurge in intimate abuse cases across the planet, which have reportedly resulted in a sudden hike in unwanted pregnancies and marital rapes, acceleration of femicide rate, and how mother’s abuse is spreading drastically to children. The data will be collated from varied news sources all over the world to address this silent pandemic on a collective level. Furthermore, this paper will dissect the social, economic, and psychological causes that lead an abuser to increase his violent activities amid crisis and the resultant physical and psychological effects on the victim. Finally, I will recommend various remedial measures that can sustainably help protect mental and bodily health of intimate violence victims during the quarantine period.

Sex Logics: Biological Essentialism and Gender-Based Asylum Cases

2017 ◽  
Vol 61 (10) ◽  
pp. 1119-1133
Author(s):  
Cheryl Llewellyn
Keyword(s):  
Domestic Violence ◽  
Female Circumcision ◽  
Gender Ideology ◽  
Short Term ◽  
Gender Ideologies ◽  
Gender Group ◽  
Gender Based ◽  
And Gender

Female circumcision and domestic violence asylum cases have been treated differently in the asylum system. The main explanation for differential adjudication has rested on racialized and ethnocentric constructions of harm. In this article, I examine differences between these cases by analyzing how gendered claims are constructed in female circumcision compared with domestic violence asylum claims. I identify three key themes (immutability, particularity, and universality) and show how they are linked to underlying gender ideologies in these cases. Findings suggest that gender ideology that relies on the biologically sexed body influences interpretations of gender-based asylum cases. Both female circumcision and domestic violence cases make explicit the underlying sex-based logics that operate in the construction of gender group claims, creating an advantage for women claiming asylum based on female circumcision and invoking the sexed body. Although the strategy of invoking the sexed body may benefit some applicants in the short term, these sex-based politics may hinder the development of gender asylum practice more generally.

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