Learning from Lived Experience: Australia’s Legal Response to Forced Marriage

Since the criminalisation of forced marriage in Australia in 2013, the number of cases reported to Australian authorities has risen sharply. This article draws on a qualitative study with eight survivors of forced marriage in Australia to explore survivors understanding of the legal concepts of forced marriage and family violence; experiences of coercion and control in the lead up to, and within, a forced marriage; the obstacles survivors encountered when they sought help; their reflections on justice and the limitations of legal responses to forced marriage; and how survivors can shape law and policy reform. The findings of this study underline the need to reframe Australia’s response to forced marriage to address the complex processes of coercion and control which lead to forced marriage and to create meaningful opportunities for survivors to shape the design, implementation and evaluation of legal and policy responses to forced marriage.

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Failing to See the Wood for the Trees: Chronic Sexual Violation and Criminal Law

The Journal of Criminal Law ◽

10.1177/0022018320976414 ◽

2020 ◽

Vol 84 (6) ◽

pp. 573-595

Author(s):

Tanya Palmer

Keyword(s):

Lived Experience ◽

Case Law ◽

Legal Framework ◽

Sexual Autonomy ◽

Abusive Relationship ◽

Policy Responses ◽

Law And Policy ◽

Sexual Violation ◽

Legal Responses ◽

Original Concept

This article argues that sexual violation can take both ‘chronic’ and ‘acute’ forms. The latter, encapsulated by the offences of rape and sexual assault, refers to a discrete incident in which a victim’s sexual autonomy is violated. By contrast, the article articulates an original concept of ‘chronic sexual violation’, in which the victim’s autonomy is gradually eroded over a longer period of time, for example in an abusive relationship. In such a case it may be difficult to identify specific sexual encounters as non-consensual, and yet the victim is left with little or no control over whether and on what terms they engage in sexual activity. This conceptualisation builds on Evan Stark’s theory of coercive control, and is grounded in survivor accounts of the lived experience of sexual violation within ongoing relationships drawn from existing studies of abusive relationships, my own empirical interview data, and case law. The article contends that the limitations of law and policy responses to sexual violation within relationships can be partly explained by the illegibility of chronic sexual violation within a legal framework premised on the notion that a crime is a discrete incident. The concept of chronic sexual violation offers a way forward for crafting legal responses to this specific and pervasive form of harm, while resisting hierarchical constructions of sexual violation within intimate relationships as less serious than ‘real rape’.

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From Safety Nets to Support Networks: Beyond ‘Vulnerability’ in Protection for Consumers with Cognitive Disabilities

University of New South Wales Law Journal ◽

10.53637/xpui4744 ◽

2018 ◽

Vol 41 (3) ◽

Author(s):

Yvette Maker ◽

Jeannie Marie Paterson ◽

Anna Arstein-Kerslake ◽

Bernadette McSherry ◽

Lisa Brophy

Keyword(s):

Consumer Protection ◽

Cognitive Disabilities ◽

Safety Net ◽

Safety Nets ◽

Persons With Disabilities ◽

Goods And Services ◽

Legal Response ◽

Law And Policy ◽

Legal Responses ◽

United Nations Convention

This article considers the significance of the obligations in the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) for consumer protection law and policy. The current legal response to consumers who require additional decision-making support is primarily focused on mechanisms to release consumers classified as ‘vulnerable’ from transactions tainted by concerns about a lack of genuine consent. While these legal responses provide an important safety net of protection against predatory and exploitative behaviour, they are limited in their ability to encourage social participation and equal access to goods and services for consumers with cognitive disabilities. We argue that the CRPD requires an approach to consumer protection that provides more meaningful support for consumers with cognitive disabilities and make suggestions about what this support might entail in terms of changes to both the legislative regime and contracting practices.

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Artificial Neural Networks vs. Fuzzy Logic: Simple Tools to Predict and Control Complex Processes—Application to Plasma Spray Processes

Journal of Thermal Spray Technology ◽

10.1007/s11666-008-9183-3 ◽

2008 ◽

Vol 17 (3) ◽

pp. 365-376 ◽

Cited By ~ 15

Author(s):

Abdoul-Fatah Kanta ◽

Ghislain Montavon ◽

Michel Vardelle ◽

Marie-Pierre Planche ◽

Christopher C. Berndt ◽

...

Keyword(s):

Neural Networks ◽

Fuzzy Logic ◽

Artificial Neural Networks ◽

Plasma Spray ◽

Complex Processes ◽

Artificial Neural ◽

And Control ◽

Control Complex

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Why is lived experience important for market stewardship? A proposed framework for why and how lived experience should be included in stewarding disability markets

Evidence & Policy A Journal of Research Debate and Practice ◽

10.1332/174426421x16142714946996 ◽

2021 ◽

Author(s):

Ariella Meltzer ◽

Helen Dickinson ◽

Eleanor Malbon ◽

Gemma Carey

Keyword(s):

Lived Experience ◽

Knowledge Production ◽

Policy Research ◽

Market Forces ◽

Research Knowledge ◽

Key Points ◽

People With Disability ◽

And Control ◽

Insight Into ◽

Inputs And Outputs

Background: Many countries use market forces to drive reform across disability supports and services. Over the last few decades, many countries have individualised budgets and devolved these to people with disability, so that they can purchase their own choice of supports from an available market of services.Key points for discussion: Such individualised, market-based schemes aim to extend choice and control to people with disability, but this is only achievable if the market operates effectively. Market stewardship has therefore become an important function of government in guiding markets and ensuring they operate effectively.The type of evidence that governments tend to draw on in market stewardship is typically limited to inputs and outputs and has less insight into the outcomes services do or do not achieve. While this is a typical approach to market stewardship, we argue it is problematic and that a greater focus on outcomes is necessary.Conclusions and implications: To include a focus on outcomes, we argue that market stewards need to take account of the lived experience of people with disability. We present a framework for doing this, drawing on precedents where people with disability have contributed lived experience evidence within other policy, research, knowledge production and advocacy contexts.With the lived experience evidence of people with disability included, market stewardship will be better able to take account of outcomes as they play out in the lives of those using the market and, ultimately, achieve greater choice and control for people with disability. Key messages <ul><li>Market stewardship is key to guiding quasi-markets, including in the disability sector;</li> <li>Evidence guiding market stewardship is often about inputs and outputs only;</li> <li>It would be beneficial to also include lived experience evidence from people with disability;</li> <li>We propose a framework for the inclusion of lived experience evidence in market stewardship.</li></ul>

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The Lived Experience of Interdependence: Support Worker Relationships and Implications for Wider Rehabilitation

Brain Impairment ◽

10.1017/brimp.2021.24 ◽

2021 ◽

pp. 1-7

Author(s):

John A. Bourke

Keyword(s):

Lived Experience ◽

Functional Independence ◽

Self Determination ◽

Support Worker ◽

Meaningful Life ◽

And Control

Abstract Engaging in a meaningful life where one can exercise autonomy has been proposed as a key aim of rehabilitation. Influenced by a neoliberal worldview, this has traditionally been characterised by a pursuit towards individual functional independence in which one completes tasks and activities unassisted. However for many persons, individual functional independence may not be a realistic, prioritised or beneficial goal. Many individuals must learn to work with support workers to exercise choice and control. Such relationships extend beyond a transactional nature and involve many subtle characteristics. In this article, I draw on my lived experience of partnering with support workers to illustrate the complexity of such relationships and how they can enable interdependence to serve as a vehicle to self-determination. I finish with some ideas about what rehabilitation can do to recognise the important role human connections play in facilitating interdependence. Understanding the nature of these relationships is necessary to provide services which value interdependence, supporting people to pursue a meaningful life following impairment.

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‘Moral Panics’ and ‘Social Evils’: Forced Marriage and Gender-Related Violence in Immigration Law and Policy in the UK

Contesting Integration, Engendering Migration ◽

10.1057/9781137294005_12 ◽

2014 ◽

pp. 221-241

Author(s):

Pragna Patel

Keyword(s):

Immigration Law ◽

Moral Panics ◽

Forced Marriage ◽

Law And Policy ◽

And Gender ◽

The Uk

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The Forces that Push and Pull

Reproductive Citizens ◽

10.7591/cornell/9781501749636.003.0002 ◽

2020 ◽

pp. 13-38

Author(s):

Nimisha Barton

Keyword(s):

Lived Experience ◽

Large City ◽

Foreign Born ◽

Marriage And Family ◽

Melting Pot ◽

Mining Areas ◽

Migrant Laborers ◽

Large Numbers ◽

Labor Recruitment ◽

Push And Pull

This chapter retraces the trajectories of foreign-born men, women, and children driven out of their homelands and directed into French factories and fields by employers and labor recruitment organizations before, during, and after the Great War. It follows immigrants to the two lively melting-pot neighborhoods in Paris where they settled in greatest numbers between the wars and into the Occupation. It also looks at the lived experience of immigrants that observed how gender, marriage, and family that shaped the ways migrants moved through provincial France in search of work. The chapter discusses France's northern, eastern, and southern departments that drew large numbers of seasonal border migrants from Belgium, Italy, and Spain. It refers to migrant laborers that concentrated in mining areas of the Pas-de-Calais region after the war, as well as large city centers like Marseille or Lyon and its industrial peripheries.

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A Short History and Thematic Overview

Covid-19 in Asia ◽

10.1093/oso/9780197553831.003.0001 ◽

2021 ◽

pp. 3-24

Author(s):

Victor V. Ramraj ◽

Matthew Little

Keyword(s):

Global Scale ◽

Complex Environment ◽

Short History ◽

Policy Responses ◽

Law And Policy ◽

Emergency Powers ◽

Global Pandemic ◽

The World ◽

Containment Measures ◽

Sheer Size

This chapter provides a short history and epidemiological overview of the Covid-19 pandemic, from its origin in Wuhan, China, to its spread across Asia and around the world. It identifies the five law and policy themes discussed in this book—first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability—and concludes with some reflections and questions on Asia’s role in formulating responses to a pandemic in particular, and global crises more generally. Although Covid-19 quickly became a global pandemic, a focus on responses in Asia is both practical and intellectually defensible for three main reasons. First, China was the epicentre of the pandemic, which spread throughout January and February to other parts of the region. Second, Asia’s legal and political diversity provides a complex environment in which to study the challenges of policy responses and inter-governmental coordination, even without shifting to the global scale. Finally, Asia’s sheer size complicates matters even further.

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Conclusion

Women, Intimate Partner Violence, and the Law ◽

10.1093/oso/9780190071783.003.0010 ◽

2021 ◽

pp. 249-258

Author(s):

Heather Douglas

Keyword(s):

Legal System ◽

Partner Violence ◽

Child Protection ◽

Policy Reform ◽

Intimate Partner ◽

Child Protection Workers ◽

Law And Policy ◽

Legal Responses

This final chapter affirms the importance of listening to women’s experiences when considering how legal responses to intimate partner violence might be improved to make women safe. The chapter reviews key themes identified in the book, including abusers’ use of the legal system to continue abuse and the role of child protection workers, police, lawyers, and judges in facilitating that abuse. It highlights a common and continuing failure of those who work in the legal system to recognize the significance of nonphysical abuse, to persistently misunderstand the dynamics of separation and ultimately, to fail to prioritize safety. This chapter makes recommendations for law and policy reform toward making the legal system safer.

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