scholarly journals Family Law, Human Rights and Gender: An Examination of Turkish Comparative Rectitude

2019 ◽  
Vol 20 (1) ◽  
pp. 87-100
Author(s):  
Nadire Özdemir

This article is an examination of Turkish jurisprudence of comparative rectitude in divorce cases, in terms of human rights and gender. I will focus on the cases in where one spouse (usually the wife) has been adulteress while the other spouse (usually the husband) has committed violence against his spouse. The decisions of the courts claiming the adulteress and violence perpetrator are equal at faults or sometimes violence perpetrator at a lesser fault will be criticized. Critics will be brought on 'fidelity' as a marital duty, which is a vague concept, and its sexist interpretation in legal disputes. Another legal framework in marital duties that does not shape moral or sexual behaviours of the spouses but avoids human rights abuses will be proposed as concluding thoughts.

Author(s):  
Karen Hardee

The International Conference on Population and Development (ICPD), which has guided programming on sexual reproductive health and rights (SRHR) for 25 years, reinforced that governments have a role to play in addressing population issues but in ways that respect human rights and address social and gender inequities. The shift at ICPD was partly in response to excesses that had occurred in some family planning programs, resulting in human rights abuses. The 2012 London Summit on Family Planning refocused attention on family planning as a crucial component of SRHR and, in part due to significant pushback on the announcement of a goal of reaching an additional 120 million women and girls with contraception by 2020 in the world’s poorest countries, ignited work to ensure that programming to achieve this ambitious goal would be grounded in respecting, protecting, and fulfilling human rights. This attention to human rights has been maintained in Family Planning 2030 (FP2030), the follow on to Family Planning 2020 (FP2020). While challenges remain, particularly in light of pushback on reproductive rights, widespread work over the past decade to identify human rights principles and standards related to family planning, integrate them into programming, strengthen accountability, and incorporate rights into monitoring and evaluation has improved family planning programs.


2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.


2020 ◽  
Vol 16 (4) ◽  
pp. 389-414
Author(s):  
Helen Jane Liebling ◽  
Hazel Rose Barrett ◽  
Lillian Artz

Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.


2018 ◽  
Vol 112 ◽  
pp. 83-84
Author(s):  
Alice M. Miller

Human rights advocacy today engages with criminal law at international and national levels with a new and rather conflicted posture. It is reorienting from an approach that primarily treated human rights as a shield from (unjust) prosecutorial and carceral power, and toward one calling for criminal penalties and vigorous prosecutions as a remedy for harms. The human rights abuses for which state prosecution is invoked today include not only past and present state violations, such as torture, but crimes by non-state actors, such as sexual and gender-based violence. At the same time, paradoxically, many rights groups are calling for the review and reduction of criminal regulation of a range of sexual and reproductive health practices, including abortion, consensual sexual conduct outside of marriage (same sex, heterosexual, and sex for money), and HIV transmission.


1996 ◽  
Vol 70 (3-4) ◽  
pp. 283-290
Author(s):  
Virginia R. Domínguez

[First paragraph]Sugar's Secrets: Race and the Erotics of Cuban Nationalism. VERA M. KUTZINSKI. Charlottesville: University Press of Virginia, 1993. xvii + 287 pp. (Cloth US$ 40.00, Paper US$ 17.95)Life on the Hyphen: The Cuban-American Way. GUSTAVO PÉREZ FlRMAT. Austin: University of Texas Press, 1994. xii + 217 pp. (Cloth US$ 30.00, Paper US$ 12.95)When a country is subjected to as much external political and ideological scrutiny as Cuba in the post-Batista years, scholarly explorations of something other than its foreign policy, its political economy, and its human rights abuses provide a breath of fresh air. But I am struck by the other things Sugar's Secrets and Life on the Hyphen have in common and how suspicious I am of their commonalities.


Author(s):  
Lorenzo Gasbarri

This chapter summarizes the previous findings and exposes the false dichotomies that led to the proliferation of the different conceptualizations. It shows how the four conceptualizations can be applied to a legal dispute concerning the responsibility of an international organization. In particular, it discusses the Al-Dulimi case before the European Court of Human Rights. The circumstances of the case prompt the adoption of one or the other conceptualization on the basis of the argumentative strategy. The analysis highlights the difficulties in providing a general legal framework to establish the responsibility of international organizations and/or of their member states. The chapter is divided into two subsections, focusing on the admissibility and the merits of the Al-Dulimi case. It concludes that the adoption of an international legal framework applicable to all international organizations is subject to the possibility to rebut limited perspectives and to adopt an ‘absolute point of view’.


2019 ◽  
Vol 6 (3) ◽  
pp. 273-327
Author(s):  
Kalu Kingsley Anele

Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.


1992 ◽  
Vol 34 (4) ◽  
pp. 119-194 ◽  
Author(s):  
Rhoda Rabkin

The Literature on democratic transitions suggests two opposite sorts of dangers that the successful democratizer must avoid: too much uncertainty on the one hand, and too little on the other. The first can lead to conflict, violence, and abortive transitions (Karl and Schmitter, 199D; while the second means there is no democracy at all, but leads to something less which has been variously called: "tutelary democracy," "electoralism," or "democradura."Before the government of Patricio Aylwin took office in Chile in March 1990, most observers anticipated that the return to democracy would bring considerable social conflict and political instability. Expressing a widely held view, one expert wrote: "Any return to democracy in Chile would entail vocal demands, from a variety of social groups and movements, to reverse the policies instituted by the regime since 1973" (Loveman 1986-87:29). The need to confront human rights abuses during the military government was another potentially explosive political issue.


Legal Studies ◽  
2013 ◽  
Vol 33 (3) ◽  
pp. 382-406
Author(s):  
Peter W. Edge

In a wide range of circumstances religious activity and commercial activity may overlap, leading to what may fairly, albeit novelly, be categorised as commercial religion. This overlap is potentially problematic to law, raising as it does the possibility of inappropriate over-regulation of religious activity and religious claims and the possibility of inappropriate under-regulation of commercial activity and claims. One way to solve this problem is to create a binary divide between the commercial and the religious, so that any situation might be categorised as one or the other, and the appropriate legal framework and philosophies applied. This is the preferred route under the European Convention on Human Rights. Such a separation does not, however, address the complexity of regulating commercial religion in practice, as demonstrated by considering the regulation of commercial religion in UK consumer law. There are, however, strategies which may serve to reblend the commercial and religious elements.


2021 ◽  
pp. 1-22
Author(s):  
Ramona Vijeyarasa ◽  
Mark Liu

Abstract The 2013 collapse of the Rana Plaza in Bangladesh brought global visibility to the human rights abuses experienced by women workers in the garment sector. As the spotlight on this incident dims, the need to hold the fashion sector accountable remains. In this article, we suggest that greater accountability could be achieved through the application of a human rights-informed understanding of the Sustainable Development Goals (SDGs) to promote gender justice in the sector. By drawing on international women’s rights law and sustainable fashion, we demonstrate how sustainability and gender justice are intimately connected, and illustrate what role the SDGs can play in promoting sustainable outcomes that are gender-just. The article unpacks concepts such as sustainability, the circular economy, social responsibility, and ethical fashion, and places the experiences of women workers within this context. Its principal contribution is a set of six requirements to ensure a gender perspective to the fashion industry’s role in implementing the SDGs.


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