The Impact of Adjacent Laws on Implementing Violence Against Women Laws: Legal Violence in the Lives of Costa Rican Women

2020 ◽  
Vol 45 (2) ◽  
pp. 432-459
Author(s):  
Erin Adamson ◽  
Cecilia Menjívar ◽  
Shannon Drysdale Walsh

Most scholarship addressing implementation gaps of violence against women (VAW) laws focuses on countries with high levels of violence in the lives of women—accompanied by weak policing and judicial responses. These studies tend to argue that the most egregious forms of political or social violence explain this gap. However, there has been little attention to countries with lower levels of gender-based violence and relatively responsive state institutions. We analyze the application of VAW laws in Costa Rica, with a focus on the impact of adjacent laws, or laws that are seemingly unrelated to VAW laws but are applied in tandem with and often in conflict with VAW laws. Based on a decade of fieldwork in Costa Rica, we argue that adjacent laws on land, labor, and immigration can be leveraged in ways that undermine the interpretation and implementation of VAW laws. These failures constitute legal violence: the normalized but cumulatively injurious effects of laws that can result in various forms of violence. While legal violence causes implementation gaps in almost every country, our case study reveals that the underlying sociolegal system upon which these laws rest contributes to a significant gap between VAW laws and practice.

2016 ◽  
Vol 3 (1) ◽  
pp. 97-113 ◽  
Author(s):  
Tafadzwa Rugoho ◽  
France Maphosa

This article is based on a study of gender-based violence against women with disabilities. The study sought to examine the factors that make such women vulnerable, to investigate the community’s responses to gender-based violence against women with disabilities, and to determine the impact of gender-based violence on the wellbeing and health of women with disabilities. The study adopted a qualitative research design so as to arrive at an in-depth understanding of the phenomenon under study. The study sample consisted of 48 disabled women living in marital or common law unions, selected using purposive sampling. Of the 48 women in the sample, 16 were visually impaired while the remaining 32 had other physical disabilities. Focus group discussions were used for data collection. The data were analysed using the thematic approach. The finding was that women with disabilities also experience gender-based violence. The study makes recommendations whose thrust is to change community perceptions on disability as the only guarantee towards eradicating gender-based violence against women with disabilities.


2021 ◽  
pp. 088626052199792
Author(s):  
Kazhan I. Mahmood ◽  
Sherzad A. Shabu ◽  
Karwan M. M-Amen ◽  
Salar S. Hussain ◽  
Diana A. Kako ◽  
...  

There is increasing concern about the impact of the COVID-19 pandemic and the lockdown’s social and economic consequences on gender-based violence. This study aimed to assess the impact of the COVID-19 pandemic on gender-based violence by comparing the prevalence of spousal violence against women before and during the COVID-19 related lockdown periods. This study was conducted in the Kurdistan Region of Iraq using a self-administered online questionnaire survey after the COVID-19 lockdown period in June 2020. Data were collected from a sample of 346 married women about the occurrence, frequency, and forms of spousal violence before and during the lockdown period. Significant increases in violence were observed from the pre-lockdown period to the lockdown period for any violence (32.1% to 38.7%, p = .001), emotional abuse (29.5% to 35.0%, p = .005), and physical violence (12.7% to 17.6%, p = .002). Regarding emotional abuse, humiliation (24.6% to 28.3%, p = .041) and scaring or intimidation (14.2% to 21.4%, p < .001) significantly increased during the lockdown. For physical violence, twisting the arm or pulling hair (9.0% to 13.0%, p = .004) and hitting (5.2% to 9.2%, p = .003) significantly increased during the lockdown. Forcing to have sexual intercourse also significantly increased during lockdown (6.6% to 9.5%., p = .021). The concerned authorities and women’s rights organizations should collaborate to enhance the prevention of violence against women. An effective prevention strategy should emphasize recognizing and acknowledging the extent of the problem, raising awareness about the problem and the available resources to address it, and ensuring social and economic stability. Lessons learned about the increased prevalence of spousal violence against women during the COVID-19 pandemic and the need to adopt appropriate strategies to prevent and address it will be valuable for similar future crises.


Author(s):  
Mona Lena Krook

Chapter 7 applies a more critical, comparative lens to the developments discussed in previous chapters. It outlines a series of debates and controversies emerging from practitioner work, which have been subject at times to tense academic engagement, including disputes over terminology; violence against women or gender-based violence as the defining feature of this phenomenon; differing typologies and classifications of specific forms of violence; views on targets and perpetrators of violence; the presence of intersecting forms of violence based on race, class, age, and other identities; and contextual factors and their role in shaping incidents of violence. The chapter stakes out the position of this book in relation to each of these debates, providing a short summary of the ideas subsequently elaborated at length in the next part of the book.


Author(s):  
Erin Beck ◽  
Lynn Stephen

Abstract We explore how formal mandates associated with Guatemala's 2008 ‘Law against Femicide and Other Forms of Violence against Women’ and with specialised violence against women (VAW) courts have encountered significant challenges due to state-imposed constraints. Drawing on courtroom observations, analyses of case files, and interviews, we find that while formal mandates incorporated feminist understandings of violence against women, which were often internalised among court officials, in daily practice specialised courts reproduced tendencies to depict violence as interpersonal, fragment people's experiences and enact narrow forms of justice that do not incorporate the full intent of the 2008 VAW Law and institutions intended to support it. This case study thus illuminates how and why legal solutions alone are not sufficient to reduce gender-based violence and feminicide, particularly in the face of uneven and openly hostile challenges posed by governments.


2021 ◽  
Vol 12 (1) ◽  
pp. 1-12
Author(s):  
Mandeep Kaur Mucina ◽  
Amina Jamal

This special issue about race, honour, culture, and violence against women in South Asian Canadian communities is proffered as an entry point to a wider, multilayered discussion about race, culture, gender, and violence. It hopes to intensify a debate on gendered violence that could tie in with analysis and commentary on individual killings in family-related sites, murders of racialized women and girls in public sites, and other forms of violence against women and girls in society. We encourage readers to consider how to understand the landscape that South Asian Canadian women and girls are confronting, while also asking critical questions about the wider settler colonial system in which we all participate as we fight gender-based violence.


2016 ◽  
Vol 37 (2) ◽  
Author(s):  
Sylvia Owusu-Ansah

The article looks at the role Circle of Concerned African Women Theologians (the Circle) have played in the struggle to end or reduce the rate at which violence against women and girls occurs in West Africa by highlighting the contributions of older Circle women, especially the initiator of the Circle, Mercy Amba Oduyoye. The initiator of the Circle and other older Circle women have left a remarkable legacy that needs to continue by the current and future generations of the Circle. The background information examines the leadership and mentorship of Mercy Amba Oduyoye and the impact she has made in the lives of African women. The essay then looks at the types of violence that women face in West Africa with the specific contributions of Circle women in the struggle to end violence against women and girls. It then argues that Circle women have played very significant roles both in setting the pace and giving the platform for women activities to minimise gender-based violence against women and girls. Circle women have written and presented papers that have addressed many challenges including HIV and/or AIDS, Girl Child trafficking, Marriage of Minors, and almost all kinds of violence against women and girls. Currently, religious violence threatens the fabric of African nations causing insecurity and panic, women and girls being the most vulnerable. The challenge to the present and future Circle members is to contribute in significant ways towards religious harmony in Africa and beyond. The Circle acknowledges the leadership role of women and encourages them to spearhead the liberation of women as well as empower them to be able to aspire to get to the top or become independent. No one understands what someone else feels better than the person experiencing the ordeal. Women can better understand what they go through and also have the passion to strive towards liberation.Intradisciplinary and/or interdisciplinary implications: In this article, the discipline of practical theology combines with elements of social science and Gender Studies, bringing out the Circle�s contribution towards the eradication of religious and cultural and gender violence against women and girls in Ghana and Africa.Keywords: Circle; Theology; gender-based violence; Mercy Amba Oduyoye; West Africa


2021 ◽  
Author(s):  
Müge Çınar ◽  
Enes Talha Saraç

Violence against women is worldwide in scope. It occurs in both developed and developing countries regardless of the dominant religion or political ideology. One of the major reflections of gender inequality in society is violence against women. Gender-based social violence to women is defined as gender-based violence “directed to a woman just because she is a woman or affecting women disproportionately.” Regardless of the geographical border, economic development or education level, violence against women is rather common in many cultures all around the world. As an important social problem, violence to women not only leads to physical and spiritual damage in women but also prevents them to improve themselves socially. With the Belem Do Para Convention signed in 1994, an important step was taken in this direction. Mechanisms in this convention are trying to protect. This convention provides solutions for the protection of women who have been subjected to violence, as well as protection mechanisms to prevent future harm to women.


Author(s):  
Abdul Aziz Adam Abdullah Babeker

Women in many societies are facing unjustified violence. They do not enjoy their full legal rights because of the prevalence of certain harmful habits that establish this kind of violence or because of lack of legislation to regulate the issue. This paper deals with gender based violence, exploring The Sudanese legislations that framed the protection from violence in order to verify the adequacy of these legislations to protect women from this phenomenon. The research problem is focused on the adequacy of protection provided by Sudanese legislation for women to stop the violence against them which based on gender. The researcher used the descriptive approach to study the relevant texts of the Sudanese constitution and laws, to verify the standard of protection provided for women from violence based on gender. This paper concluded to find that, the Sudanese legislation widely framed protection of women from the violence against them. As these legislations covered many aspects of gender based violence; making it suitable to combat this phenomenon if applied in a proper way. But this is success of the Sudanese legislation in its quest to protect women from violence, does not necessarily means the practical application is safe. The discussion here is about the adequacy of the legislation in the single way. In spite of this good frame working to combat gender-based violence; the absence of a specific law to combat this phenomenon in Sudan led to the negligence of some forms of violence against women. In order to strengthen the protection of women from violence, and to complete the legislative shortages in some ways that Sudanese laws did not put a clear cut law about; the paper recommended to enact a special law to combat violence against women. Moreover, Sudanese government and its institutions should educate people of the dangers of harmful habits that contradict the law, religion that represent unjustified violence against women.


2017 ◽  
Vol 60 (2) ◽  
pp. 246-265
Author(s):  
Jane Aeberhard-Hodges ◽  
Ludo McFerran

Violence in and out of work, both domestic violence and sexual harassment, are violations of human rights and impact heavily in the workplace. All forms of violence result in a high cost for workers, employers and society in general, in lost time, injuries, complaints, staff turnover, loss of skills, and reputational risk. The International Labour Organization has decided to discuss in 2018 an international labour standard on this subject. In Australia, there has been wide recognition for some time of sexual harassment as a significant workplace issue. Now there are greater inroads toward recognizing and addressing the impact of other forms of gender-based violence in the world of work, hence the growing number of clauses in enterprise agreements and state awards aiming to mitigate the impact of domestic violence on workers, both women and men, and the movement to have clauses in modern awards that specify paid time off to allow a worker time to deal with the problem. Australian experience may help shape the proposed International Labour Organization instrument on workplace gendered violence.


2022 ◽  
Vol 5 (1) ◽  
pp. 115-131
Author(s):  
Leigh Goodmark

The Violence Against Women Act (VAWA) has been hailed as the federal government's signature legislation responding to gender-based violence. VAWA, passed in 1994 and reauthorized three times since then, has created several new programs and protections for victims of gender-based violence. VAWA is, however, primarily a funding bill and what it primarily funds is the criminal legal system. But the criminal legal response to gender-based violence has not been effective in decreasing rates of gender-based violence or deterring violence. A VAWA that discontinued funding for the criminal legal system and instead focused on economics, prevention, and community-based resources—a noncarceral VAWA—could better meet the needs of victims of gender-based violence and target the underlying causes of that violence.


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