Law, Culture and Decolonisation: The Perspectives of Aboriginal Elders on Family Violence in Australia

Family violence within Aboriginal communities continues to attract considerable scholarly, governmental and public attention in Australia. While rates of victimization are significantly higher than non-Aboriginal rates, Aboriginal women remain suspicious of the ‘carceral feminism’ remedy, arguing that family violence is a legacy of colonialism, systemic racism, and the intergenerational impacts of trauma, requiring its own distinctive suite of responses, ‘uncoupled’ from the dominant feminist narrative of gender inequality, coercive control and patriarchy. We conclude that achieving meaningful reductions in family violence hinges on a decolonizing process that shifts power from settler to Aboriginal structures. Aboriginal peoples are increasingly advocating for strengths-based and community-led solutions that are culturally safe, involve Aboriginal justice models, and recognises the salience of Aboriginal Law and Culture. This paper is based on qualitative research in six locations in northern Australia where traditional patterns of Aboriginal Law and Culture are robust Employing a decolonising methodology, we explore the views of Elders in these communities regarding the existing role of Law and Culture, their criticisms of settler law, and their ambitions for a greater degree of partnership between mainstream and Aboriginal law. The paper advances a number of ideas, based on these discussions, that might facilitate a paradigm shift in theory and practice regarding intervention in family violence.

Contending with Carcerality: Discursive Resistance to Elite Appropriation of Antiviolence Activism in Indian Media

Research has revealed how antiviolence activism can become entangled with the state's punitive agenda, leading to what some have called “carceral feminism.” However, this scholarship focuses primarily on the U.S. context. Additionally, few studies examine the cultural battles about gender-based violence that emerge in television media, a site of cultural struggle and meaning making. This study conducts a quantitative and qualitative content analysis of 46 Indian television panel broadcasts following a highly publicized rape in New Delhi in 2012. I find that elite state actors pursue punitive agendas, but feminists and other panelists engage in discursive resistance to this approach.

Supporting Joint Effort

In 2018, several members of Joint Effort, a solidarity group rooted in principles of prison abolition and anti-carceral feminism, gathered to share their work. Current restrictive policies being imposed by the Correctional Service of Canada have meant that Joint Effort’s valuable inreach services at the Fraser Valley Institution for Women are being eradicated through bureaucratic requirements. The current clearance system requires that members of Joint Effort submit to an invasive screening process, in order to obtain permission to enter the correctional site. This article explores the roots of abolitionist organizing in Canada, the importance of prison inreach, and the ways that correctional bodies stymie prisoner support and solidarity movements. Several suggestions for community-based responses are described, as the clearance issue impacts any allies who support people held in detention facilities across Canada.

Decriminalizing Domestic Violence and Fighting Prostitution Abolition: Lessons Learned From Canada’s Anti-Carceral Feminist Struggles

This article offers a cautionary tale for efforts to decriminalize domestic violence through a retrospective analysis of Canadian feminist legal activism to decriminalize sex work. Both domestic violence and sex work are contested terrains of activism, litigation, and scholarship and have come up against the disparate views of criminalization as necessary to protect women from violence, versus criminalization as compounding women’s potential risks for violence. Through the example of Canadian feminist jurisprudence in R v Bedford, wherein the Supreme Court of Canada recognized the endangerment of women as resulting from the criminalization of sex work, I explore the liminal space following this decision, and how regressive legislation was introduced to re-entrench carceralism in the breach of a seeming feminist victory. My focus is on how carceral feminism continues to occupy the liminal space as a force of colonial violence, further endangering Indigenous women. I draw linkages between several violent murders of street-involved Indigenous women and the severing of allyship among feminists, sex workers, and Indigenous women over the potential decriminalization of sex work. Finally, I suggest that opposition to the decriminalization of sex work is successfully argued by an emerging force of carceral feminism: neo-abolitionist feminists who have appropriated a politics of abolition and, yet, may have deepened carceralism in the lives of Indigenous women.

Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for Violence Against Women in Ecuador

This article presents empirical findings addressing the gap between specialised criminal laws on violence against women (VAW) in Ecuador and women’s actual needs and expectations when approaching the country’s specialised penal courts. Given its comprehensive legal system, Ecuador scores highly in protecting women from violence in international rankings. However, based on quantitative data, qualitative case file analysis, and in-depth interviews with survivors, judges, case-workers and judicial employees, this study reveals that, in Ecuador, most lawsuits are dropped without ever reaching a resolution. Because most survivors pursue protection from ongoing violence rather than a conviction, and because advancing a lawsuit can be a source of various forms of stress and fear, survivors usually withdraw from the trial once they are granted a protection order. Nevertheless, this order is lost when complainants fail to appear in court. In addition, police intervention is inadequate and seldom contributes to the effective protection of women. The paper thus augments debates on ‘carceral feminism’, showing that VAW laws are not necessarily bolstering the carceral apparatus on the ground. However, law does mask the state’s disregard toward women’s lived experiences and their lack of access to services that could ensure their protection and safety.

Of sex and war: carceral feminism and its anti-carceral critique

In the last three decades, wartime sexual violence has become one of the main concerns for feminists engaged with international law. This essay reviews Karen Engle’s monograph on the causes and implications of today’s common-sense narrative about sexual violence in conflict. It shows how Engle’s powerful critique of ‘carceral feminism’ may represent a starting point for a new discussion of sex and war in international law.

Moving beyond Carceral Feminism

Recently in South Africa, social problems such as gender-based violence are interpreted primarily as legal issues that may be ameliorated by carceral solutions. These approaches are appealing because political leaders know how to set sentencing guidelines, monitor arrests, and track prosecutions. Yet what the postapartheid case underscores is that such reactive approaches are woefully inadequate to address the complexity of violence that individuals, families, and communities face. The service providers in this project argue that the prevention of gender-based violence starts with community-based approaches. When communities are strengthened, leaders are better able to foster social transformation. Service providers are calling for a broader understanding of the upstream solutions to address all forms of violence and to uproot the legacies of violence and oppression.