USE OF RESTORATIVE JUSTICE IN THE CONTEXT OF INTIMATE PARTNERS VIOLENCE

2018 ◽  
Vol 28 (6) ◽  
pp. 1931-1938
Author(s):  
Vesna Stefanovska
Keyword(s):  
Domestic Violence ◽  
Restorative Justice ◽  
Violent Behavior ◽  
Intimate Partners ◽  
Gender Based Violence ◽  
Primary Focus ◽  
Gender Based ◽  
Mutual Relations ◽  
The Right ◽  
Sense Of Justice

The question of the use of restorative justice (RJ) in cases of domestic violence among intimate partners has caused the greatest resistance and controversy among proponents of restorative justice. The reasons are in the nature and in the characteristics inherent in that violence: the presence of control and power over the victim, loss of trust, gender-based violence, cultural differences in certain communities, the possibility of escalation of the violence, its possible longer use, failure of the community to protect the victim etc. Hence, a particular group of feminists believe that restorative justice lacks awareness of gender inequality, which is behind the background of violence against women. A number of comparative analyzes of the application of restorative justice in cases of domestic violence in a number of countries in the world find that RJ is a successful way of dealing with that kind of violence. So, despite a series of criticisms and possible risks from the application of restorative justice in such cases, RJ receives support because can better addresses the problem of that type of violence and meet the needs of the victim. An additional reason is the failure of the formal court trials to ensure adequate protection of victims, to satisfy the sense of justice and to meet their needs. On the other hand, in relation to the perpetrator, violent behavior towards the intimate partner is a symptom of a deep problem in the attitude towards the victim and, in general, a problem that should be specifically approached in order to consider not only the consequences, but also the origin of his own aggression. Given the above, there are numerous benefits from restorative justice in cases of violence among intimate partners: the right to actively participate and to resolve the problem, encouragement, greater degree of responsibility of the offender, a flexible and informal process that is less frightening for the victim, opportunity for dialogue and communicatiom, the opportunity to treat the problem of violence for those who want to improve mutual relations and stay together. In this context, the primary focus should not be to resolve the conflict, but to treat the sides through confrontation and dialogue, because in this way, positive results can be achieved.Those issues related to the possible risks, but also to the benefits and perspectives of the application of restorative justice in cases of domestic violence among intimate partners are subject to theoretical elaboration of this paper.

scholarly journals Vulnerability of Gender Based Physical Spousal Domestic Violence in Benue State, Nigeria

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Godwin Kwanga ◽  
Keyword(s):  
Domestic Violence ◽  
Physical Violence ◽  
Legal Protection ◽  
Secondary Data ◽  
Religious Leader ◽  
Gender Based Violence ◽  
Eye Injuries ◽  
Awareness Campaigns ◽  
Gender Based ◽  
The Right

The study accessed the vulnerability of gender based physical spousal domestic violence in Benue State, Nigeria. The study adopted the secondary data from the Nigeria Demographic and Health Survey (NDHS) (2018), conducted by National Population Commission and analysed using the Statistical Package for Social Sciences (SPSS) version 20. Information's sorted were categorized, summarized and presented in exploratory formats, frequency tables and charts. The results revealed that (77.4%) of the respondents had experienced physical violence of different forms. The study also revealed the perceived spouse's reasons for physical violence which include suspected infidelity (18.4%) womanizing by husband (18.4%) disobedience (15.3%) husband taking alcohol (9.3%), poverty (9.1%) and inability to give birth (suspected infertility) 23 (9.1%). The finding further revealed that many women were ever slapped by their husbands (16.4%) while some were threw something at (8.4%), some were kicked and dragged by their husbands, some were beaten (16.1%) while others (19.7%) were pushed and shook. However, only a few (2.9%) were threatened or attacked with a weapon. The study also found that (61.3%) of the married women who experienced spousal physical violence in the area equally sustained different forms of injuries which include: cuts/ bruises (40.9%), eye injuries (23.1%), dislocations/fracture (12.4%), deep wounds (14.5%) and broken teeth (4.3%). The study finally established that women who experienced spousal physical violence seek and have help from their own family (71%), their husband’s family (21%) and religious leader (8%). The study recommended gender based violence awareness campaigns and legal protection of women in the state to protect the right of women and reduce the vulnerability of physical violence against women in the area.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

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.

Violence Against Women and Children Following the 2011 Great East Japan Disaster: Making the Invisible Visible Through Research

2018 ◽  
Vol 25 (7) ◽  
pp. 862-881 ◽  
Author(s):  
Mieko Yoshihama ◽  
Tomoko Yunomae ◽  
Azumi Tsuge ◽  
Keiko Ikeda ◽  
Reiko Masai
Keyword(s):  
Domestic Violence ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Sexual Contact ◽  
Gender Based Violence ◽  
Women And Children ◽  
Gender Based ◽  
Unwanted Sexual Contact ◽  
Structured Questionnaire ◽  
The Invisible

This study reports on 82 unduplicated cases of violence against women and children after the Great East Japan Disaster of March 2011. Data were collected using a structured questionnaire from informants who worked with the disaster-affected populations. In addition to domestic violence, reported cases involved sexual assault and unwanted sexual contact, including quid pro quo assault perpetrated by nonintimates. Perpetrators often exploited a sense of fear, helplessness, and powerlessness and used threats to force compliance with sexual demands in exchange for life-sustaining resources. Findings point to the urgent need to develop measures to prevent and respond to postdisaster gender-based violence.

scholarly journals Turning the Tide on Violence against Women in Politics: How Are We Measuring Up?

2018 ◽  
Vol 14 (4) ◽  
pp. 695-701 ◽  
Author(s):  
Julie Ballington
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Public Life ◽  
Women In Politics ◽  
Political Rights ◽  
Gender Based Violence ◽  
Psychological Harm ◽  
Gender Based ◽  
The Right ◽  
Human Rights Violation

Violence against women in politics (VAWP) is a human rights violation, as it prevents the realization of political rights. Violence against women in political and public life can be understood as “any act or threat of gender-based violence, resulting in physical, sexual, psychological harm or suffering to women, that prevents them from exercising and realizing their political rights, whether in public or private spaces, including the right to vote and hold public office, to vote in secret and to freely campaign, to associate and assemble, and to enjoy freedom of opinion and expression” (UN Women/UNDP 2017, 20).

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

Global Application of Intersectionality Theory

2021 ◽  
pp. 27-53
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
Partner Violence ◽  
The United States ◽  
Black Girls ◽  
Human Rights Violations ◽  
Gender Based Violence ◽  
Gender Based ◽  
The Many ◽  
Inadequate Prenatal Care ◽  
The Right

This chapter delves into examples of global intersectionality to illustrate the need for a thorough and consistent intersectional approach to human rights violations around the world. Although it is impossible to provide an exhaustive analysis of the many and varied types of intersectional human rights violations, this chapter offers multiple examples of intersectional human rights violations, including (1) gender-based violence, including both non-state actors who commit intimate partner violence and sexual violence in armed conflict; (2) maternal mortality and inadequate prenatal care in Brazil; (3) coerced sterilization among the Roma in Europe; (4) disproportionate discipline and punishment of Black girls in the United States; and (5) inconsistent LGBTQI rights. These case studies implicate different human rights, including the right to be free from violence, the right to education, and the right to the highest attainable standard of health. Each example demonstrates how a more nuanced, intersectional lens is necessary to capture the rights at stake and to contemplate appropriate remedies for victims of human rights violations in full.

Rhetorical and Organizational Typification of Domestic Violence, Sexual Assault, and Stalking as Discrete Forms of Violence

2020 ◽  
Author(s):  
Benjamin R Weiss
Keyword(s):  
Domestic Violence ◽  
Sexual Assault ◽  
Service Providers ◽  
Participant Observation ◽  
Rhetorical Strategies ◽  
Gender Based Violence ◽  
Gender Based ◽  
Interactional Processes ◽  
Organizational Features ◽  
Forms Of Violence

Abstract Despite constructions of domestic violence, sexual assault, and stalking as discrete forms of violence, research shows that violence often co-occurs. Victims experiencing multiple forms of violence require different interventions from victims experiencing only one. Service providers’ understandings of domestic violence, sexual assault, and stalking as discrete, then, potentially undermine their goal of effective intervention. Drawing on 26 months of participant observation in an anti-gender-based violence nonprofit organization, I explore how advocates construct each form of violence as independent from the others. Results show that both organizational features, such as training curricula and organizational jurisdictions, and rhetorical strategies, such as an under-emphasis on co-occurring violence, contribute to the construction of each type of violence as discrete. This paper is of interest to researchers, practitioners, and policymakers committed to designing and implementing effective responses to gender-based violence. I also advance social problems theory, showing that organizational features, not just interactional processes, contribute to typification.

scholarly journals Men battering as the new form of domestic violence? A pastoral care perspective from the Kenyan context

2015 ◽  
Vol 71 (3) ◽  
Author(s):  
Julius Gathogo
Keyword(s):  
Domestic Violence ◽  
Holistic Approach ◽  
Collective Responsibility ◽  
Gender Based Violence ◽  
Philosophical Approach ◽  
Gender Divide ◽  
Ancient Times ◽  
New Form ◽  
Gender Based ◽  
Shed Light

The article sets out to show that gender-based violence is no longer restricted to ‘women by men’. Rather society must appreciate that gender battering is a reality across the gender divide, particularly in the 21st century Africa. In its methodology, the article has engaged a theo-philosophical approach that involves a social, religious, and a cultural analytical approach. The materials are gathered primarily after interviewing the staff and students from Kenyatta University, Mombasa Campus, and some selected people from the campus surroundings who were consulted orally. To this end, a questionnaire was released in June and July 2012 where about 200 respondents from across the various counties of Kenya were called upon to shed light on men battering in Kenya. In particular, some of the questions that were posed included: Has battering of men by women been part of our African societies from ancient times or is it a new phenomenon? Statistically, who are battered more men or women? How does domestic violence against men manifest itself? What causes it? Why does it sound new to our society? What can we do about it? The article rests on the premise that even though battering of women is more explicit, men battering by women, which takes many forms, has been there for quite some time, albeit unreported. By taking a holistic approach hence ‘collective responsibility’ across the gender divide, the society can be healed from all forms of gender-based violence.

scholarly journals Leaving A Mark, An Animal-Assisted Intervention Programme for Children Who Have Been Exposed to Gender-Based Violence: A Pilot Study

2019 ◽  
Vol 16 (21) ◽  
pp. 4084 ◽  
Author(s):  
Alexander Muela ◽  
Josune Azpiroz ◽  
Noelia Calzada ◽  
Goretti Soroa ◽  
Aitor Aritzeta
Keyword(s):  
Domestic Violence ◽  
Internalizing Symptoms ◽  
Family System ◽  
Clinical Symptoms ◽  
Negative Impact ◽  
Physical And Mental Health ◽  
Gender Based Violence ◽  
Intervention Programme ◽  
Gender Based ◽  
Animal Assisted Intervention

Gender-based violence is one of the most serious social and health problems faced by women around the world. Importantly, it has a negative impact not only on the woman’s physical and mental health, but also on all members of the family system in which it takes place. The aims of this study were to implement Leaving a Mark, an animal-assisted intervention (AAI) programme for children who have been exposed to gender-based violence, and to examine its effect on their associated clinical symptoms. The participants were 19 children (13 boys and 6 girls; Mage = 8.89, SD = 2.23) who had been exposed to domestic violence perpetrated either by their father or their mother’s intimate partner. Clinical symptoms were assessed using the Child Behaviour Checklist (CBCL). After taking part in the AAI programme, the children showed a reduction in internalizing symptoms and in symptoms associated with post-traumatic stress disorder. However, no significant changes were observed in externalizing symptoms or in affective and behavioural dysregulation (CBCL-Dysregulation Profile). These results provide preliminary support for the use of the Leaving a Mark programme with children who have been exposed to domestic violence. However, further studies with a larger sample and more rigorous design are required.

Introduction: some reflections in these promising and challenging times

2018 ◽  
pp. 1-20
Author(s):  
Sundari Anitha ◽  
Ruth Lewis
Keyword(s):  
Social Media ◽  
Domestic Violence ◽  
Sexual Violence ◽  
Service Provision ◽  
Power Relations ◽  
Sexual Objectification ◽  
Gender Based Violence ◽  
Prevention Education ◽  
University Communities ◽  
Gender Based

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.

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