Post-Legislative Scrutiny of the Law against Gender-Based Violence

2019 ◽  
Vol 21 (2) ◽  
pp. 92-96
Author(s):  
Elisabete Azevedo-Harman ◽  
Ricardo Godinho Gomes
Keyword(s):  
Gender Based Violence ◽  
The Law ◽  
Gender Based

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.

scholarly journals “If You Buy a Cup, Why Would You Not Use It?” Marital Rape: The Acceptable Face of Gender Based Violence

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 321-325
Author(s):  
Fareda Banda
Keyword(s):  
Medical Treatment ◽  
Criminal Law ◽  
Law School ◽  
First Year ◽  
Free Access ◽  
Marital Rape ◽  
Gender Based Violence ◽  
On Demand ◽  
The Law ◽  
Gender Based

There are cases that one never forgets. DPP v. Morgan is one of those for me. I read it as an eighteen-year-old in my first year of law school. It was in the criminal law class where we were being taught about rape. The facts left me shocked and outraged. Morgan went out drinking with his friends. At the end of the night, he invited the friends back to his house. He told them that they could have sex with his wife and added that they should not worry if she appeared to resist, because she liked it that way. The friends duly came over and helped themselves to his wife as per his instructions. Morgan also forced her to have sex with him despite her protestations. She experienced injuries which necessitated medical treatment. His friends were convicted of rape, but he was convicted of indecent assault. This seemed strange. Had they all not forced her to have sex with them despite her clearly expressed refusal? Why was he charged with a lesser crime? The reason was simple: he was her husband. Under the law as it then operated in England, there was no recognition of marital rape. Her consent to lifelong sex on demand, even if it was against her will, was taken as part of the contract of marriage. The words “I do” spoken at the time of the marriage, were taken to mean free access for the husband for as long as they both lived, or until the marriage was legally dissolved or a formal separation was in place.

scholarly journals Kekeliruan Pemahaman Tentang Online Grooming dalam Sistem Hukum di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 1-11
Author(s):  
Annisa Hafizhah ◽  
Lamsumihar Andjelina Panggabean
Keyword(s):  
Gender Based Violence ◽  
The Law ◽  
Gender Based ◽  
Massive Development ◽  
Laws And Regulations

Hukum diciptakan manusia untuk melindungi dan menertibkan masyarakat. Sayangnya, hukum yang dibuat manusia memiliki keterbatasan saat berhadapan dengan perubahan zaman. Pola kehidupan masyarakat terus berkembang dan  hukum dituntut untuk selalu bisa menyeleraskan diri padahal proses menciptakan hukum tidak mudah. Perlu pemikiran dan waktu yang cukup untuk merumuskan peraturan yang baik sementara masyarakat tidak bisa menunggu hukum terlalu lama untuk menyelesaikan berbagai fenomena yang terjadi, termasuk online grooming. Online grooming adalah kekerasan berbasis gender yang dilakukan secara online untuk memperdaya korban agar menyerahkan foto atau video yang memuat atribut seksualnya. Saat ini belum ada peraturan yang secara khusus mengatur online grooming, namun ada beberapa metode tertentu yang bisa digunakan agar peraturan perundang-undangan yang ada saat ini bisa dipakai untuk menjerat pelaku online grooming. ===== Law was created by humans to protect and order society. Unfortunately, human-made laws have limitations when facing the massive development. The pattern of people's culture continues to develop and the law is expected to always be relevant even though the process of creating laws is not easy. It takes a lot of concern and time to formulate good rules, while society cannot wait too long for the law to resolve various phenomena that occur, including online grooming. Online grooming is an online gender-based violence that is carried out to trick victims into submitting photos or videos that contain their sexual attributes. Currently there are no regulations that specifically regulate online grooming, but there are certain methods that can be used so that the existing laws and regulations can be used to arrest online grooming criminals.

Peningkatan Peran Masyarakat dalam Pencegahan KDRT Melalui Penyuluhan Anti Kekerasan Berbasis Gender

MUWAZAH ◽  
2018 ◽  
Vol 10 (2) ◽  
pp. 138
Author(s):  
Cintami Farmawati
Keyword(s):  
Domestic Violence ◽  
Data Collection ◽  
Community Participation ◽  
Direct Observation ◽  
Religious Fundamentalism ◽  
Gender Based Violence ◽  
Government Programs ◽  
Post Test ◽  
The Law ◽  
Gender Based

The  research of participatory  aims to increase community participation in prevention of domestic violence, through counseling against gender based violence. Research location in Semarang. Data collection techniques using direct observation, interviews with counseling participants, pre test and post test. The results of the analysis show that, there is an increase in people's knowledge and understanding of the Law on the Elimination of Domestic Violence, the situation of gender based violence and the problem of assistance and government programs in the elimination of gender based violence. In addition, there is a change in attitude shown through participant participation in activities, the ability to explain and describe the material that has been conveyed by the resource person, conveying ideas and thoughts about the steps and solutions that can be done in removing gender-based violence, and then domestic violence. Therefore, a religious approach should be developed to reduce religious fundamentalism which is detrimental to women in various extension, socialization, campaign and other activities

Migration and human rights: The law as a reinforcer of gendered borders

2019 ◽  
Vol 37 (4) ◽  
pp. 282-287
Author(s):  
Eva Brems ◽  
Lourdes Peroni ◽  
Ellen Desmet
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Gender Based Violence ◽  
Human Rights Protection ◽  
Socially Constructed ◽  
Domestic Labour ◽  
The Law ◽  
Gender Based ◽  
And Gender ◽  
Refugees And Asylum Seekers

Borders follow migrants even inside the territory of their State of destination. These ‘sticky’ figurative borders may flow directly from immigration norms and practice or indirectly from other areas of law. This Special Issue focuses on the gendered nature of these borders, as they rely on/reinforce socially constructed norms of masculinity and femininity. As a result, these figurative borders undermine the equal enjoyment of human rights of migrants, refugees and asylum seekers along gender lines. Specifically, gendered borders are analysed in relation to the themes of asylum, domestic labour and gender-based violence. The human rights of migrants, refugees and asylum seekers in these domains are analysed in an integrated and complex fashion. The analysis demonstrates that migrants, refugees and asylum seekers navigate and challenge not only sticky figurative borders, but also borders between different areas of law. The (non)interaction between these different areas of law may equally create or reinforce unequal human rights protection along gender lines. The law, across different areas and through the workings of diverse categories, definitions and standards, may thus work as a border-reinforcer.

scholarly journals Making the Law Work for Men and Women: Advancing Gender Equality and Non-Discrimination in Nigeria’s Anti-Open Grazing Laws

2021 ◽  
Vol 11 (2) ◽  
pp. 362-381
Author(s):  
Jane Ezirigwe
Keyword(s):  
International Development ◽  
Male Dominance ◽  
Internal Displacement ◽  
Equal Opportunities ◽  
Gender Based Violence ◽  
Human Right ◽  
Men And Women ◽  
The Law ◽  
Gender Based ◽  
And Gender

The realization of equality between men and women is a fundamental part of the international development agenda. This entails equal opportunities and elimination of all forms of discrimination. Discrimination can be embedded overtly or covertly in laws. Therefore, making the law work for both men and women demands an all-inclusive approach. In Nigeria, the crisis involving herders and farmers has led to the loss of lives and properties, internal displacement, and human right abuses including rape. In a bid to curb the crisis, ‘anti-open grazing’ laws have been made in some states. Most of the acts criminalized and offences prohibited were gender-neutral, despite a more embracing approach on gender sensitivity in lawmaking.This article adopts an evaluative approach to assess inclusivity in the recent anti-open grazing laws in Nigeria. It argues that the laws covertly promote patriarchal benefits and boost hegemonic male dominance. Its aim is to reveal that gender-specific circumstances which reinforce sexual and gender-based violence against women, including rape, were ignored. This is notwithstanding the fact that the bodies of women and girls have been turned into battlefields. The study suggests that because society is not homogeneous, there is a need to reflect this diversity by updating these laws, to make them inclusive, in offering protection to women. It recommends that since equal opportunities come with equal responsibilities, the need to identify and prohibit the roles of women in the crisis becomes pertinent. This makes the laws work for both men and women, in pursuit of their agricultural endeavours

scholarly journals Gender-based violence ignites the re-emergence of public opinion on the exercise of judicial authority

De Jure ◽  
2020 ◽  
Vol 53 ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Opinion ◽  
Social Change ◽  
Violence Against Women ◽  
Gender Based Violence ◽  
The Public ◽  
Judicial Authority ◽  
The Law ◽  
Gender Based

South Africa is highly celebrated for its commitment to the promotion of human rights. This has also fostered "rights consciousness" among the citizenry which has become of essence for the advancement of the rights of women who had long been in the "legal cold". However, the significance of the "rights concepts" is marred by the extreme levels of gender-based violence against women. The effect of crimes suffered by women raises questions about South Africa's post-apartheid system of governance and the promotion of the rule of law, which is founded on human rights. With South Africa's history, it is assumed that law has the potential to transform societies in ensuring the fulfilment of rights as envisaged in many national, regional and international instruments. Against this background, this paper focuses on the recent shocking wave of the extreme levels of gender-based violence against women experienced in South Africa with the resultant consequence of the agitation of the public on the independence of the judiciary. Whilst it acknowledges the limitations of the law and the challenges faced by women, it argues against public opinion that seem to wither the democratic character of the state relating to the functioning of the judiciary. It also argues that public opinion waters down the assumption about the capacity of the law in generating social change. In addition, the confidence in the judiciary cannot be replaced by invidious philosophies that appear to compromise the independence of the judiciary as envisaged in the doctrine of separation of powers. The argument advanced herein is limited to the rationality of the calls by further raising a question whether safeguarding independence and impartiality of the judiciary should be outweighed by public outrage on gender-based violence. It also does not profess to provide an expert analysis of the interrelationship between law and social change because of the complexities that exists between these areas. Overall, the paper acknowledges and shares the concerns by the public on the elimination of gender-based violence; however, it refuses the indirect consequence of public opinion on the trampling of judicial authority.

scholarly journals Gender Bias in Indonesian Courts: Is Perma No. 3 of 2017 the Solution for Gender-Based Violence Cases?

Laws ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 2
Author(s):  
Rika Saraswati
Keyword(s):  
Supreme Court ◽  
Code Of Ethics ◽  
Special Treatment ◽  
Court Decisions ◽  
Gender Based Violence ◽  
Literature Study ◽  
Criminal Cases ◽  
The Law ◽  
Gender Based ◽  
And Gender

To support women who are dealing with the legal system, especially women victims of gender-based violence, the Indonesian government issued Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This regulation deals with women as victims, defendants and witnesses, and is used for civil and criminal cases. The Perma appears to attempt to counterbalance existing discriminatory practices in the courts and their processes. This article discusses the effectiveness of the “special treatment” in Supreme Court Regulation (Perma) No. 3 of 2017 on Guidelines for Judging Cases of Women in Conflict with the Law. This Perma seems to provide hope for producing progressive court decisions by contributing to the elimination of discrimination against women in the court process. However, this expectation certainly needs to be reviewed, given that, in their entirety, any such proceedings involve not only judges but also other law enforcement officials, namely the prosecutors. Furthermore, the presence of this Perma is considered by some Indonesian feminists to contradict the Judicial Code of Ethics and Guidelines for Judicial Behaviour (“the Code”). The Code requires judges to be neutral in judging but this Perma demands the opposite. This study is a qualitative study, and the data is obtained through a literature study of research conducted on court decisions and gender-based violence cases involving Indonesian women.

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