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.

scholarly journals FAKTA POLIGAMI SEBAGAI BENTUK KEKERASAN TERHADAP PEREMPUAN: KAJIAN LINTASAN TAFSIR DAN ISU GENDER

2021 ◽  
Vol 19 (2) ◽  
pp. 131
Author(s):  
Wely Dozan
Keyword(s):  
Violence Against Women ◽  
Gender Issues ◽  
Research Approach ◽  
Gender Based Violence ◽  
Literature Study ◽  
Research Problems ◽  
Gender Based ◽  
And Gender ◽  
Detrimental Impact

The focus of this research is to analyze polygamy in the discourse of thought and gender issues that seen as an environment and have a detrimental impact on women.. The research approach is literature study in answering research problems through various literatures, namely books, journals, articles, and supporting references. The results of this study indicate that polygamy in the concept of gender has occurred violence against women in all actions based on differences in sex through, physical, sexual, and psychological, including on certain threats. Violence against women, especially in domestic relationships, is often referred to as gender-based violence. The study of interpretation as a solution to eliminating problems and upholding justice through a contextual interpretation and paying attention to the objectives of the Qur'an for society, namely by means of monogamy (marrying someone) and rejecting polygamy in the context of marriage. The jargon of tafsir scholars in understanding the text of the Koran, namely "Shalihun likulli zammani wa makkani" according to the circumstances of time and place. So that the Al- Qur'an is not actually an implementation as a concept to do polygamy for men, but the Al-Quran is implemented based on contextual, namely monogamy as an effort to uphold women's justice.  Penelitian ini menganalisis poligami dalam wacana pemikiran tafsir dan isu gender yang dipandang sebagai salah satu diskriminasi dan berdampak merugikan perempuan. Pendekatan penelitian yaitu pendekatan studi literatur melalui berbagai media yaitu buku, jurnal, artikel, dan referensi yang mendukung. Hasil penelitian menunjukkan bahwa poligami dalam konsep gender telah terjadi kekekerasan terhadap perempuan dalam semua tindakan berdasarkan perbedaan jenis kelamin melaui, fisik, seksual, dan psikologis, termasuk pada ancaman tertentu. Kekerasan terhadap perempuan, khususnya dalam hubungan rumah tangga, sering disebut sebagai kekerasan berbasis gender. Kajian tafsir sebagai solusi untuk menghilangkan problematika dan menegakkan keadilan melaui tafsir bernuasa kontekstual dan memperhatikan tujuan Al-Qur’an bagi masyarakat yaitu dengan jalan monogamy (menikahi satu orang) dan menolak poligami. Adapun jargon ulama tafsir dalam memahami teks Al-Qur’an yaitu “Shalihun likulli zammani wa makkani” sesuai keadaan waktu dan tempat. Sehingga Al-Qur’an sejatinya bukan dipahami sebagai konsep untuk melakukan poligami bagi laki-laki, melainkan Al-Qur’an dipahami berdasarkan kontekstual yaitu monogami sebagai salah satu upaya untuk menegakkan keadilan terhadap perempuan.

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

Photos from the Quarter

2020 ◽  
Vol 49 (2) ◽  
pp. 105-112
Keyword(s):  
Gender Based Violence ◽  
Gender Based ◽  
And Gender ◽  
Israeli Occupation

This sample of photos from 16 August–15 November 2019 aims to convey a sense of Palestinian life during this quarter. The images capture Palestinians across the diaspora as they fight to exercise their rights: to run for office, to vote, and to protest both Israeli occupation and gender-based violence.

THE SINS OF THE FATHER: GENDER- BASED VIOLENCE IN POST-APARTHEID SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 57-70 ◽  
Author(s):  
Lyn Snodgrass
Keyword(s):  
South Africa ◽  
Black Women ◽  
South African ◽  
African Women ◽  
Gender Based Violence ◽  
Political Issues ◽  
Race And Gender ◽  
Gender Based ◽  
And Gender ◽  
South African Women

This article explores the complexities of gender-based violence in post-apartheid South Africa and interrogates the socio-political issues at the intersection of class, ‘race’ and gender, which impact South African women. Gender equality is up against a powerful enemy in societies with strong patriarchal traditions such as South Africa, where women of all ‘races’ and cultures have been oppressed, exploited and kept in positions of subservience for generations. In South Africa, where sexism and racism intersect, black women as a group have suffered the major brunt of this discrimination and are at the receiving end of extreme violence. South Africa’s gender-based violence is fuelled historically by the ideologies of apartheid (racism) and patriarchy (sexism), which are symbiotically premised on systemic humiliation that devalues and debases whole groups of people and renders them inferior. It is further argued that the current neo-patriarchal backlash in South Africa foments and sustains the subjugation of women and casts them as both victims and perpetuators of pervasive patriarchal values.

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 Sexual health (excluding reproductive health, intimate partner violence and gender-based violence) and COVID-19: a scoping review

2021 ◽  
pp. sextrans-2020-054896
Author(s):  
Navin Kumar ◽  
Kamila Janmohamed ◽  
Kate Nyhan ◽  
Laura Forastiere ◽  
Wei-Hong Zhang ◽  
...  
Keyword(s):  
Intimate Partner Violence ◽  
Health Disparities ◽  
Reproductive Health ◽  
Sexual Health ◽  
Scoping Review ◽  
Partner Violence ◽  
Intimate Partner ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender

ObjectivesThe COVID-19 pandemic has exposed and exacerbated existing socioeconomic and health disparities, including disparities in sexual health and well-being. While there have been several reviews published on COVID-19 and population health disparities generally—including some with attention to HIV—none has focused on sexual health (ie, STI care, female sexual health, sexual behaviour). We have conducted a scoping review focused on sexual health (excluding reproductive health (RH), intimate partner violence (IPV) and gender-based violence (GBV)) in the COVID-19 era, examining sexual behaviours and sexual health outcomes.MethodsA scoping review, compiling both peer-reviewed and grey literature, focused on sexual health (excluding RH, IPV and GBV) and COVID-19 was conducted on 15 September 2020. Multiple bibliographical databases were searched. Study selection conformed to Joanna Briggs Institute (JBI) Reviewers’ Manual 2015 Methodology for JBI Scoping Reviews. We only included English-language original studies.ResultsWe found that men who have sex with men may be moving back toward pre-pandemic levels of sexual activity, and that STI and HIV testing rates seem to have decreased. There was minimal focus on outcomes such as the economic impact on sexual health (excluding RH, IPV and GBV) and STI care, especially STI care of marginalised populations. In terms of population groups, there was limited focus on sex workers or on women, especially women’s sexual behaviour and mental health. We noticed limited use of qualitative techniques. Very few studies were in low/middle-income countries (LMICs).ConclusionsSexual health research is critical during a global infectious disease pandemic and our review of studies suggested notable research gaps. Researchers can focus efforts on LMICs and under-researched topics within sexual health and explore the use of qualitative techniques and interventions where appropriate.

scholarly journals Custody and Care of Children in Spain: Can the Two Rights be Reconciled?

2021 ◽  
Author(s):  
Marcela Jabbaz Churba
Keyword(s):  
Gender Gap ◽  
Gender Stereotypes ◽  
Parental Authority ◽  
Decision Making Process ◽  
Gender Based Violence ◽  
Judicial Process ◽  
Gender Based ◽  
And Gender ◽  
Children’S Voices ◽  
The Impact

AbstractThis study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender stereotypes; and (3) the situation post-decision, showing how any existing violence continues after divorce, by means of parental authority. The concept of ‘motherhood under threat’ is placed at the centre of these issues, where children’s voices are given the least attention.

Gendered dimensions of health in refugee situations: An examination of sexual and gender-based violence faced by refugee women in Nakivale refugee settlement, Uganda

2021 ◽  
pp. 002087282110039
Author(s):  
Hadijah Mwenyango
Keyword(s):  
Social Identity ◽  
Qualitative Methods ◽  
Gender Based Violence ◽  
Frontline Workers ◽  
Refugee Women ◽  
Gender Based ◽  
And Gender ◽  
Quantitative And Qualitative Methods

This article analyses the interplay between women’s social identity, migration and manifestation of sexual and gender-based violence. The research used mixed quantitative and qualitative methods. The findings show experiences of domestic, sexual, community and survival violence. Their predicaments are exacerbated by socio-cultural and structural influences, and despite commitments for protecting refugees, more has to be done to meet the needs of victims. The article reveals the urgency for the adoption of gender-responsive and rights-based approaches in refugee interventions. The capacity of frontline workers must be enhanced to detect violence, appreciate the needs and rights of victims and provide appropriate support.

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