Violência, gênero, saúde e fronteira(s): Diálogos interdisciplinares

2020 ◽  
Author(s):  
Pamela Staliano ◽  
Marcos Mondardo
Keyword(s):  
Violence Against Women ◽  
Latin American ◽  
Human Person ◽  
Fundamental Rights ◽  
Border Region ◽  
Public Authorities ◽  
Mato Grosso ◽  
Socioeconomic Vulnerability ◽  
Cultural Aspects ◽  
Academic Texts

The volume “Violence against women: interdisciplinary dialogues” brings together academic texts, by scholars who are interested in the theme, and professionals to publicize the work they develop at Casa da Mulher Brasileira, located in the capital of the state of Mato Grosso do Sul. violence against women is a social phenomenon that covers all cultures and social classes, considered a matter of human rights and public health. In Brazil, the struggle for women's rights began with the struggles of feminist movements, which resulted in the creation of the first Specialized Police Station for Assistance to Women. Years later Law No. 11,340 (Maria da Penha Law) was created, assuring all Brazilian women to enjoy their fundamental rights to the human person and attributing to the public authorities the guarantee of these rights. Violence in the border region needs to be seen as a complex phenomenon crossed by legislation, historical, geographical, political and cultural aspects. Dealing specifically with violence against women, Latin American women who live in a Brazilian border region, in addition to structural machismo, experience the socioeconomic vulnerability marked by drug trafficking, facilitated acquisition of firearms and the late legislative recognition of the crime of femicide, which contribute to the perpetuation of the practice of intentional lethal crimes against these women.

scholarly journals GÊNERO E VIOLÊNCIA: UM ESTUDO SOBRE A LEI MARIA DA PENHA (2006-2011) EM MATO GROSSO GENDER AND VIOLENCE: A STUDY ON THE MARIA PENHA LAW (2006-2011) IN MATO GROSSO

2015 ◽  
Vol 4 (3) ◽  
pp. 82
Author(s):  
Ana Maria Marques ◽  
Stela Cunha Velter
Keyword(s):  
Violence Against Women ◽  
Gender Violence ◽  
Feminist Studies ◽  
Police Departments ◽  
Font Size ◽  
Mato Grosso ◽  
Biological Sex ◽  
Cultural Aspects ◽  
The Law ◽  
Women Violence

<p><strong><span style="font-family: Calibri; font-size: medium;">Resumo</span></strong><span style="font-family: Calibri; font-size: medium;">: O presente artigo aborda a Lei Maria da Penha sob o prisma do debate da violência contra a mulher. A violência é tratada sob aspectos culturais e historicamente estabelecidos nas relações de poder entre homens e mulheres. A Lei 11.340, de 7 de agosto de 2006, revela-se parcialmente alheia aos debates mais recentes dos estudos feministas ao considerar o sexo biológico definidor do gênero. Fez-se importante apresentar o surgimento e andamento das Delegacias Especializadas de Atendimento à Mulher que sofre violência. Em especial, focalizamos Mato Grosso. Apresentamos os antecedentes da lei a partir dos juizados especiais e decisões judiciais a partir da lei.   </span></p><p><strong><span style="font-family: Calibri; font-size: medium;">Palavras-chave</span></strong><span style="font-family: Calibri; font-size: medium;">: Lei Maria da Penha; gênero; violência; Mato Grosso.  </span></p><p><strong><span style="font-family: Calibri; font-size: medium;">Abstract</span></strong><span style="font-family: Calibri; font-size: medium;">: This paper addresses the Maria da Penha Law in the light of the discussion of violence against women. Violence is treated under cultural aspects and historically established power relations between men and women. Law 11.340 of August 7, 2006, it is revealed partially foreign to most recent discussions of feminist studies to consider the defining biological sex of the genre. There was important to present the rise and progress of the Special Police Departments for Assistance to Women suffering violence. In particular, we focus on Mato Grosso. Here is the background of the law from the special courts and judicial decisions from the law.  </span></p><p><strong><span style="font-family: Calibri; font-size: medium;">Keywords</span></strong><span style="font-family: Calibri; font-size: medium;">: Maria da Penha Law; gender; violence; Mato Grosso.   </span></p>

Family Courts and Human Security in South West Nigeria

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fundamental Rights ◽  
Secondary Sources ◽  
Family Courts ◽  
South West ◽  
The Family ◽  
Domestic Violence Against Women

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 

scholarly journals El artículo 53 de la Constitución Española de 1978: esquema de la evolución y del estado de situación de sus instrumentos de reconocimiento y garantía de las libertades y derechos fundamentales (1978-2017) // Article 53 of the Spanish Constitution of 1978: outline of the evolution and the situation of their instruments for the guarantee of the Fundamental Rights (1978-2017)

2017 ◽  
Vol 1 (100) ◽  
pp. 1099
Author(s):  
Alberto Oehling de los Reyes
Keyword(s):  
Fundamental Rights ◽  
Practical Realization ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
The Core ◽  
Spanish Constitution ◽  
Core Content ◽  
The Social ◽  
Practical Reality

Resumen:El artículo 53 de la Constitución española recoge tres cuestiones básicas: en primer lugar, determina que los derechos y libertades vinculan a todo el poder público; en segundo lugar, determina la protección constitucional y judicial de los derechos y libertades y de los derechos fundamentales; en tercer lugar, reconoce los principios rectores de la política social y económica. En este artículo se analizan estos preceptos y conceptos constitucionales, pero también se estudia su desarrollo legislativo desde 1978 y la realidad práctica hasta el día de hoy. En el artículo también se hace análisis de algunas incoherencias de la jurisprudencia del Tribunal Constitucional en materias fundamentales del artículo 53 de la Constitución española de 1978. La intención es dar una visión de conjunto del artículo 53 de la Constitución desde 1978 hasta hoy.Summary:1. Introduction. 2. The structure of the practical realization of the article 53. 3. Preconditions of the legislation of the rights and freedoms and fundamental rights: 3.1 The principle of subjection and legally binding of all public authorities. 3.2 The principle of legal reserve. 3.3 The core content of the rights and freedoms. 4. The preferred procedure and ordinary summary of the article 53: 4.1 Outline of evolution and situation of the preferred procedure and summary inthe jurisdictional divisions. 4.2 About the protection of fundamental rights with procedural nature. 5. The remedy of amparo in the context of the article 53.2. 6. Approximation to the practical sense of the principles recognized in Chapter III Title I.Abstract:The article 53 of the Spanish Constitution specifies three basic issues: First, determines that the rights and liberties link all the public authorities; Secondly, determines the judicial and constitutional protection of the rights and freedoms and fundamental rights in Spain; Thirdly, recognizes the guiding principles of the social and economic policy. In this article are analysed these constitutional provisions and concepts, but also is studied their legislative development since 1978 and the practical reality until the present day. In the article are also analysed some inconsistencies in the jurisprudence of the SpanishConstitutional Court on fundamental issues about the article 53 of the Spanish Constitution of 1978. The intention is to give an overview of the article 53 of the Constitution from 1978 until today.

scholarly journals Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights

2017 ◽  
Vol 6 (2) ◽  
pp. 263-277 ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Latin American ◽  
Public Interest ◽  
Fundamental Rights ◽  
Judicial System ◽  
The Public ◽  
American System ◽  
Administrative Functions ◽  
Financial Interests ◽  
Judicial Procedures ◽  
Administrative Adjudication

Abstract This article points out the bottlenecks in the systems of administrative adjudication in Latin America and suggests that the ineffectiveness should not be blamed entirely on the judicial system and judicial procedures. Rather, the Latin-American system of administrative justice should come to terms with its judicial system of general jurisdiction, gradually reducing the jurisdiction of courts over administrative disputes in favor of an administrative reform to ensure administrative functions of implementation and adjudication respecting the primacy of fundamental rights. The author concludes that it is necessary to think about a reform that leads public administrative authorities to act as an instrument for expressing the public interest rather than as end in itself or as an entity to protect self-serving, momentary political and financial interests that are not clearly bound by a duty to protect fundamental rights.

scholarly journals The European Union and Violence Against Women: Fundamental Rights and Con Games

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
R Amy Elman ◽  
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Fundamental Rights ◽  
The European Union ◽  
Genital Mutilation ◽  
Institutional Actors ◽  
Human Rights Violation ◽  
Istanbul Convention ◽  
Female Genital ◽  
The Eu

Deciphering the European Union’s (EU) commitment to countering violence against women is challenging. To date, much of its response has been rhetorical. This article opens with a brief consideration of the EU’s first few initiatives to counter violence against women before turning to the polity’s enthusiastic endorsement of the Council of Europe’s 2011 Istanbul Convention, which defines such violence as a human rights violation. Not least, it offers a critical analysis of the EU’s Fundamental Rights Agency’s 2014 survey on violence against women, the world’s largest international survey of its kind. That inquiry involved 42,000 in-person interviews with a representative sample of approximately 1,500 women (aged 18-74) across all of the EU’s then 28 Member States. After examining the Agency’s survey and its subsequent report in the context of those efforts that preceded it, the article suggests the EU’s rhetoric and related programs for women may conceal the more controversial manifestations of the violence directed at them. For example, the Agency’s survey excluded female genital mutilation from the rubric of violence against women. One finds a similar reluctance on the part of the Agency and other institutional actors across the EU to address the eroticized commodification of violence in prostitution and pornography that pervade the polity’s common market. Despite the EU’s occasional pronouncements to the contrary, it appears violence against women is a human rights violation that the polity deliberately circumscribes and perfunctorily condemns.

scholarly journals LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES

2018 ◽  
Vol 4 (5-6) ◽  
pp. 172-196
Author(s):  
Monique Falcão ◽  
Ricardo Falbo
Keyword(s):  
Social Status ◽  
Latin American ◽  
Constitutional Law ◽  
Minority Rights ◽  
Theoretical Framework ◽  
Social Processes ◽  
Status Quo ◽  
Fundamental Rights ◽  
The Political ◽  
Constitutional Changes

This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenance of the conservative processes of the politicaland social status quo in the country. This article intends to discuss the nature of constitutional changes and the impacts of these changes on the development of constitutionalism in Brazil by analyzing the extent to which political, social, and cultural latin-american processes influenced changes in Brazilian constitutionalism.

scholarly journals LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES

2017 ◽  
Vol 4 (5-6) ◽  
pp. 172-196
Author(s):  
Monique Falcão ◽  
Ricardo Falbo
Keyword(s):  
Social Status ◽  
Latin American ◽  
Constitutional Law ◽  
Minority Rights ◽  
Theoretical Framework ◽  
Social Processes ◽  
Status Quo ◽  
Fundamental Rights ◽  
The Political ◽  
Constitutional Changes

This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenance of the conservative processes of the politicaland social status quo in the country. This article intends to discuss the nature of constitutional changes and the impacts of these changes on the development of constitutionalism in Brazil by analyzing the extent to which political, social, and cultural latin-american processes influenced changes in Brazilian constitutionalism.

International Courts in Latin America and the Caribbean

2020 ◽  
Author(s):  
Salvatore Caserta
Keyword(s):  
Latin American ◽  
Decisive Role ◽  
Fundamental Rights ◽  
Science Literature ◽  
Regional Politics ◽  
Regional Economic ◽  
Court Of Justice ◽  
The Caribbean ◽  
Caribbean Court Of Justice ◽  
Latin American And Caribbean

The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.

Gender-Related Ideological and Structural Macrosocial Factors Associated With Intimate Partner Violence Against European Women

2019 ◽  
Vol 43 (3) ◽  
pp. 317-334 ◽  
Author(s):  
Antonella Ludmila Zapata-Calvente ◽  
Jesús L. Megías ◽  
Miguel Moya ◽  
Dominik Schoebi
Keyword(s):  
Intimate Partner Violence ◽  
Gender Role ◽  
Gender Equality ◽  
Violence Against Women ◽  
Partner Violence ◽  
Intimate Partner ◽  
Fundamental Rights ◽  
Gender Role Beliefs ◽  
Individual Level ◽  
Traditional Gender Role

Intimate partner violence against women (IPVAW) is investigated mostly at the individual level, which ignores the role of macrosocial variables and possible interactions between them. We explored how two ideological gender-related macrosocial factors (traditional gender role beliefs and attitudes toward gender equality) and one structural gender-related macrosocial factor (the economic Gender Equality Index) are associated with physical, psychological, and sexual IPVAW in Europe. We examined their interactions with individual-level factors in predicting IPVAW. Secondary analysis ( N = 30,284 heterosexual women) of the 2015 European Union Agency for Fundamental Rights’ Violence Against Women survey revealed that 26.1% of women in Europe reported at least one act of physical, psychological, or sexual violence. Generalized linear mixed models analysis revealed that individual-level factors (women’s education, childhood victimization, equal say about income, partner’s alcohol consumption, and an aggressive partner) were associated with IPVAW. Adding the Eurobarometer of Gender Equality ( N = 28 countries) and the Gender Equality Index ( N = 28 countries), attitudes more favorable to gender equality were related to lower rates of psychological victimization; more traditional gender role beliefs predicted higher rates of sexual victimization. Ideological gender-related macrofactors played an important role in cross-level interactions with individual-level factors. To reduce the rates of IPVAW victimization, clinicians, educators, and policy makers need to focus on individual predictors and macrofactors to promote societal attitudes toward equality and change traditional gender role socialization. Additional online materials for this article are available on PWQ’s website at http://journals.sagepub.com/doi/suppl/10.1177/0361684319839367

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