Publications by Type: Journal Article

http://jbp.sagepub.com/content/40/6/563

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Racial microaggressions are often unintentional and subtle forms of racism that manifest in interpersonal communications, behaviors, or environments. The purpose of this study was to explore the presence of racial microaggressions within domestic violence shelters and to understand how women respond to them. Using a phenomenological approach to data collection and analysis, 14 Black women from 3 different shelters were interviewed. Twelve women reported experiencing at least one racial microaggression, although few identified the experience as racist. Additional themes were also examined to understand why women did not identify their experiences of racial microaggressions as racist. Implications for research and practice are discussed.

http://www.nuevatribuna.es/articulo/america-latina/altos-niveles-de-viol...

Según la Organización Panamericana de la Salud, los niveles de violencia contra la mujer afectan entre el 17% a 53% de las mujeres en cada país de la región.

El Secretariado Permanente de la Red Latinoamericana y del Caribe para la Democracia (RedLad) alerta sobre los altos niveles de violencia contra la mujer persistentes en América Latina. Según la Organización Panamericana de la Salud, los niveles de violencia contra la mujer afectan de entre 17% a 53% de la población de mujeres en cada país de la región.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2285577

This article is constructed around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lessons for African Charter organs for the development of regional jurisprudence on abortion. It is argued that the A, B and C decision offers positive as well as negative lessons. The positive lessons lie in the holding of the European Court that at a procedural level, domestic abortion laws must be transparent in the sense of being formulated clearly and providing an administrative mechanism for review so as to enable women seeking abortion to exercise their rights effectively. The negative lessons lie in the continued reluctance of the European Court to resolutely affirm abortion rights as substantive rights.

http://heinonline.org/HOL/LandingPage?handle=hein.journals/ajgsp21&div=20&id=&page=

*This full article is available through this link. This article may be available free of charge to those with university credentials.

First, this Article explains the facts and the Commission's legal analysis in Maria da Penha and Lenahan and briefly describes the different approach taken by the Commission in each case.

Second, this Article analyzes the evolution in the case law that led to the recognition that a State's failure to prevent and investigate could constitute a violation of substantive rights. Third, this Article examines the standard the Commission utilized in analyzing the duty to prevent in Lenahan and describes the theory of foreseeable risk, how it has been used, and the role it played in the Lenahan case. Finally, this Article discusses the theory of foreseeable risk, its application to cases of domestic violence, and the significance of this development in the jurisprudence of the Inter-American system.

This Article concludes that the recognition of substantive rights may be violated by the failure of the State to prevent and investigate, and that the use of the theory of foreseeable risk constitutes a significant step forward in clarifying the obligation of States to fight domestic violence. Finding a State responsible for failing to prevent, pursuant to the theory of foreseeable risk, implies that the State knew or ought to have known there was an imminent risk of domestic violence, and in the face of this foreseeable risk, the State failed to take action. This lack of prevention might be considered the equivalent of acquiescence pursuant to the definition of torture in the United Nations Convention Against Torture (UNCAT)." Consequently, this evolution could, and hopefully will, result in a recognition in the Inter-American System that in certain circumstances domestic violence constitutes torture.

http://pu.edu.pk/home/journal/9/Vol_28_No_1_2013.html

This article begins by providing a brief summary of emergence of due diligence principle in the International human rights law. The article then explores the role of International/regional human rights mechanisms/instruments in clarifying and specifying the content of due diligence obligations and its application in the context of violence against women. It illuminates, in particular, the contribution of the reports prepared by the mandate holders of United Nations Special Rapporteurs on violence against women, its causes and consequences. The article argues that the criterion has been useful in dealing with gender based violence within a human rights framework since it provides a yardstick to determine what constitutes effective fulfilment of the obligation (Manjoo, 2001). It concludes by taking note of Pakistan’s level of compliance with due diligence obligation particularly in the area of ‘prevention’ of violence against women. 

http://www.tandfonline.com/doi/abs/10.1080/13629387.2011.630499

The recent and dramatic changes in Tunisia since the Jasmine Revolution have brought new challenges for its citizens and for its women in particular. Tunisian women, long considered the most liberated in the Arab-Muslim world, are now seeing a growing conservative mind-set spreading across the country. The more frequent appearance of women wearing headscarves and men sporting beards in public, if only an outward symbol of Islam, is unusual behavior in the traditionally secular, post-independent Tunisia. This more conservative phenomenon, although not the primary driver of the recent revolution, has secured a legitimate place in Tunisian society since January 2011. Many Tunisian feminists and NGOs fear that this legitimacy will eventually threaten women's active participation in public and private life, legally guaranteed through the 1956 Code of Personal Status (CPS). In this paper, we examine pre- and post-revolutionary Tunisia to understand the importance and influence of the rising tide of conservatism and its potential impact on women's rights. Two principle questions frame this study: (1) what factors have prompted the re-emergence of the more religiously based conservatism in secular Tunisia in recent years? and (2) will the new Tunisia safeguard the CPS through its transitional period and thereafter? The authors use an interdisciplinary approach in their study, integrating Tunisia's unique past – grounded in historical, political, and socio-economic events and conditions – with the interviews of 33 citizens prior to January 2011, and then evaluate the post-revolutionary events in light of the former. The analyses reveal that before January 2011, the more conservative behaviour was linked to the present-day challenges and global developments, and not necessarily to a deep-rooted Islamic practice and/or religiosity. Since the revolution, however, the legitimate acknowledgement of certain Islamic practices and movements, previously banned over a period of 50 years, has created an audible voice in the public arena which, in turn, has created a renewed and heightened concern about the possible deterioration of women's rights.

In September 2011, a woman by the name of Shiela Macapugay hid a .38 caliber gun in the lining of her bag that was undetected by the security in the mall where her husband was working. She fired a fatal shot at her husband and in her attempt to kill herself immediately thereafter, also killed the security guard who tried to stop her from committing suicide.

The demise of Macapugay’s husband was not a simple but common occurrence. Her husband abandoned her and their child to be with another woman, and denied them of support. These are acts of violence against women protected by Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Children Act of 2004. Sheila Macapugay is now facing charges of both parricide and murder for the tragedy. If convicted, she will suffer a fate of imprisonment, reclusion perpetua. Fortunately, because of RA 9262, she has a defense available. Her counsel may present evidence that she was suffering from Battered Woman Syndrome (BWS), a justifying circumstance under RA 9262.

 Notably, years ago before there was RA 9262, a policewoman, who was battered by her husband, shot him. She pleaded guilty, and years later, was released on parole. Such case would have been a good test case for BWS as a defense but there was no RA 9262 then. This paper will discuss the legal concepts, as well as the issues and problems of BWS as a legal defense, and the role of psychiatrists, psychologists, barangay officials and counselors. Macapugay’s case has been witnessed by society and jurisprudence since time immemorial, and now, it is a good test case to use the innovations created in RA 9262.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3491813/

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study adds to research on family court’s response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed.

http://www.tandfonline.com/doi/abs/10.1080/10509674.2011.618528

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Definitions vary on what constitutes sexual and/or physical abuse, and scholars have debated on which methods might yield the most accurate response rates for capturing this sensitive information. Although some studies suggest respondents prefer methods that provide anonymity, previous studies have not utilized high-risk or stigmatized populations. In this article, the authors report on serendipitous findings when using two methods to assess the past year incidence of sexual and physical violence among women involved in the criminal justice system. Women who participated in an anonymous survey reported higher physical and sexual victimization than did the women who were interviewed, even though the questions were identical. Implications of the findings are discussed.

http://onlinelibrary.wiley.com/doi/10.1002/jcop.21502/abstract

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Once an intervention has been found to be effective, it is important to examine the processes and factors within the program that led to its success. The current study examined survivors’ reflections on the Community Advocacy Project, an empirically supported intervention for women with abusive partners. The study examined the service delivery processes that survivors affirmed or identified as core components of the intervention. Qualitative analysis of interviews with 51 survivors indicated that 3 main service delivery elements contributed to positive outcomes: orientation to the whole person, unconditional validation and acceptance, and an orientation to information provision and action. These overarching themes are described and implications for domestic violence services and dissemination are discussed.

http://vaw.sagepub.com/content/18/12/1345

*The full article is available through this link. This article may be available free of charge to those with university credentials.

This study sought to extend our understanding of the mechanisms by which intimate partner violence (IPV) harms women economically. We examined the mediating role of job instability on the IPV–economic well-being relationship among 503 welfare recipients. IPV had significant negative effects on women’s job stability and economic well-being. Job stability was at least partly responsible for the deleterious economic consequences of IPV, and the effects lasted up to three years after the IPV ended. This study demonstrates the need for services and policies that address barriers to employment as a means of improving the economic well-being of low-income women with abusive partners.

http://www.ncbi.nlm.nih.gov/pubmed/22290627

*The full article is available through this link. This article may be available free of charge to those with university credentials.

As empirical evidence has demonstrated the pervasiveness of sexual assault and intimate partner violence in the lives of women, and the links to poor mental health outcomes, attention has turned to examining how women seek and access formal help. We present a conceptual model that addresses prior limitations and makes three key contributions: It foregrounds the influence of social location and multiple contextual factors; emphasizes the importance of the attainment of effective formal help that meets women's needs and leads to positive mental health outcomes; and highlights the role of interventions in facilitating help attainment. We conclude with research and practice implications.

http://fcx.sagepub.com/content/7/3/234

*The full article is available through this link. This article may be available free of charge to those with university credentials.

Family court often assists divorcing parties in establishing custody arrangements. Mediation is commonly used for custody negotiation; however, its applicability for cases involving intimate partner abuse (IPA) is debated. This study was designed to gain an in-depth understanding of abused mothers’ court mediation experiences and how those experiences impact future court help-seeking when the fathers of their children have been abusive to them. Most women experienced secondary victimization during mediation, which had a negative impact on their willingness to use the court in the future. Policy recommendations include screening for IPA, providing separate mediation sessions, and improving court mediators’ training.

http://crossingthebaltic.com/2012/05/14/a-polish-history-of-violence-the...

This April, a fresh controversy related to gender politics took Polish media by storm. Jarosław Gowin, Poland’s current minister of justice and a Civic Platform politician, stated loud and proud that he would vehemently oppose the signing and ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence.

http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106

*The full article is available through this link. This article may be available free of charge to those with university credentials.

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’)1 joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

http://www.jstor.org/stable/10.5305/intelegamate.51.1.0106

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’)1 joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/4/

In Jessica Lenahan (Gonzales) v. United States, the Inter-American Commission on Human Rights found, inter alia, that the United States violated a woman's right to equality and non-discrimination under Article II of the American Declaration of the Rights and Duties of Man.' The Commission found that the existing legal framework in the United States does not meet international human rights standards, particularly with regard to women from minority and low-income groups. It stressed that international law requires states to act with "due diligence" to protect women from domestic violence. Moreover, the Commission recognized that because domestic violence is one of the most pervasive and pernicious forms of gender-based violence, states should adopt special measures to protect at-risk groups, including young women. It urged the United States to enact laws to make the enforcement of protective orders mandatory and "to create effective implementation mechanisms . . . accompanied by adequate resources destined to foster their implementation" and "training programs" for law enforcement and judicial officials. 

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2248142

The strengths and weaknesses of different human rights enforcement regimes are typically assessed from a vantage point that evaluates each type of mechanism in isolation from others. From this perspective, human rights courts are sometimes regarded as the “gold standard” in human rights enforcement because they possess what their far-more-common enforcement brothers — reporting and monitoring mechanisms — lack: The authority to impose sanctions on states that have violated their human rights obligations. When viewed side by side with human rights courts, reporting and monitoring mechanisms are frequently found wanting.

In fact, however, reporting and monitoring mechanisms have strengths as well as weaknesses. Moreover, they support treaties that have substantive obligations that overlap those found in treaties that are enforced by human rights courts. Once the connections between the treaties are taken into account, it follows that the treaties’ enforcement mechanisms also may impact one another. Viewing enforcement as an integrated phenomenon reveals a much more nuanced and complicated picture of the strengths and weaknesses of different types of enforcement mechanisms than is typically depicted when they are viewed as acting in isolation from one another.

 Recognizing that different regimes of human rights treaty enforcement can be integrated requires re-conceiving the coercive and persuasive influence of mechanisms that have no direct sanctioning authority. Far from being “toothless,” these enforcement mechanisms have the potential to directly impact human rights courts with strong enforcement authority. Moreover, the ability of the courts to identify non-compliant behavior is strengthened through their interactions with other treaties’ reporting mechanisms.

http://digitalcommons.wcl.american.edu/jgspl/vol21/iss2/6/

This Article explains the development of a new judicial trend towards states' positive obligation to protect victims of domestic abuse. This Article also investigates the standard of due diligence for state liability, and suggests universal criteria according to which international law should apply to domestic violence as a human rights violation.