Description
Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact.This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.
Table of Contents
AcknowledgmentsContributorsIntroduction: Whither Criminalization?PART 1: The Criminalization Agenda: "New" Approaches to Old Problems1. The Criminalization of Coercive Control: The Benefits and Risks of Criminalization from the Vantage of Victim-Survivors2. The Criminalization of Psychological Violence in Brazil: Challenges of Legal Recognition and Unintended Consequences3. Criminalization at the Margins: Downblousing, Creepshots and Image-Based Sexual Abuse4. Sexual Violence in Criminal Law: Presumptions, Principles, and Premises in Relation to the Crime of Negligent Rape5. Criminal Justice Responses to Domestic Violence in FijiPART 2: Criminalization, criminal justice challenges and consequences.6. Sentencing Aboriginal Women Who Have Killed their Partners: Do We Really Hear Them?7. United States v. Maddesyn George: The Consequences of Criminalization for Native Women in the United States8. Prosecuting Intimate Partner Sexual Violence: Reforming Trial Process by Reimagining the Judicial Role9. "If it's Good for the Goose, it's Good for the Gander": Perceptions of Police Family Violence Policy Adherence in Victoria, Australia10. Operationalizing Coercive Control: Early Insights on The Policing Of The Domestic Abuse (Scotland) Act 201811. The Consequences of Criminalizing Domestic Violence: A Case Study of the Non-Fatal Strangulation Offense in Queensland, AustraliaPART 3: Making Sense of Criminalization: Concepts, Context, Activism12. Human Rights Penality, the Inter-American Approach to Violence Against Women, and the Local Effects of Centring Criminal Justice13. Intersectionality, Vulnerability, and Punitiveness: Claims of Equality Merging into Categories of Penal Exclusion and Secondary Victimization14. Dangerous Liaisons: Restorative Justice and the State15. Bureaucratic Violence: State Neglect of Domestic and Family Violence Victims in Aceh, Indonesia16. Reclaiming Justice: Understanding the Role of the State and the Collective in Domestic Violence in India.
-
- 電子書籍
- 没落予定なので、鍛冶職人を目指す【分冊…
-
- 電子書籍
- 職業は鑑定士ですが【神眼】ってなんです…
