Tchaïcha JD, Arfaoui K.
Tunisian women in the twenty-first century: past achievements and present uncertainties in the wake of the Jasmine Revolution. The Journal of North African Studies . 2012;17 (2) :215-238.
Publisher's VersionAbstracthttp://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.
Guanzon RAV.
Legal and Conceptual Framework of Battered Woman Syndrome as a Defence. Philippine Law Journal . 2012;86.
AbstractIn 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.
legal_and_conceptual_framework_of_battered_woman_syndrome_as_a_defense_guanzon.pdf Rivera EA, Zeoli AM, Sullivan CM.
Abused Mothers’ Safety Concerns and Court Mediators’ Custody Recommendations. Journal of Family Violence. 2012;27 (4) :321-332.
Publisher's VersionAbstracthttp://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.
Kubiak SP, Nnawulezi N, Karim N, Beeble ML, Sullivan CM.
Examining Disclosure of Physical and Sexual Victimization by Method in Samples of Women Involved in the Criminal Justice System. Journal of Offender Rehabilitation. 2012;51 (3) :161-175.
Publisher's VersionAbstracthttp://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.
Allen NE, Larsen S, Trotter J, Sullivan CM.
Exploring The Core Service Delivery Processes Of An Evidence-Based Community Advocacy Program For Women With Abusive Partners. Journal of Community Psychology. 2012;41 (1) :1-18.
Publisher's VersionAbstracthttp://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.
Adams AE, Tolman RM, Bybee DI, Sullivan CM, Kennedy AC.
The Impact of Intimate Partner Violence on Low-Income Women’s Economic Well-Being:The Mediating Role of Job Stability. Violence Against Women. 2012;18 (12) :1345-1367.
Publisher's VersionAbstracthttp://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.
Adams A, Bybee D, Kubiak SP, Kennedy AC, Sullivan CM, Campbell R.
A model of sexually and physically victimized women's process of attaining effective formal help over time: the role of social location, context, and intervention. American Journal of Community Psychology . 2012;50 (1-2) :217-28.
Publisher's VersionAbstracthttp://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.
Rivera EA, Sullivan CM, Zeoli AM.
Secondary Victimization of Abused Mothers by Family Court Mediators. Feminist Criminology . 2012;7 (3) :234-252.
Publisher's VersionAbstracthttp://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.
Minta A.
A (Polish) History of Violence: The Difficulties of Advancing Women's Rights in the 21st Century. Crossing the Baltic. 2012.
Publisher's VersionAbstracthttp://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.
Acharya AK.
Tráfico de mujeres en México: El caso del estado de Nuevo León. Marco legal para combatirlo. Espacio Abierto. 2012;21 (4) :629-652.
Publisher's VersionAbstract
http://www.redalyc.org/articulo.oa?id=12224818002
Resumen
El tráfico de mujeres no sólo es una violencia contra las mujeres, sino también es una violación contra los derechos humanos. Aunque es sabida la extensión de esta clase de violencia, la respuesta de la gran mayoría de los gobiernos en todo el mundo es negativa o poco eficiente, como es el caso del gobierno nacional y los estatales de México. Muchas organizaciones internacionales entre ellas las Naciones Unidas, han recomendado a México diversos tipos de acciones y legislaciones, pero la respuesta del gobierno nacional y estatal ha sido deficiente. Por eso, el objetivo principal de esta investigación es examinar y documentar los instrumentos internacionales, nacionales (México) y estatales (Nuevo León) en lo referente al tráfico de mujeres. En ese sentido, la presente investigación está dividida en tres partes. En la primera, el artículo examina los instrumentos internacionales, en la segunda se describen los instrumentos nacionales adaptados para combatir el tráfico de mujeres en México, y en la tercera, se analizan las medidas adaptadas por parte del gobierno de Nuevo León para combatir este problema en el estado.
Palabras Claves: tráfico de mujeres, convenciones internacionales, nacionales e estatales, méxico, Nuevo León.
Meyersfeld BC.
Introductory Note to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. International Legal Materials. 2012;51 (1) :106-132.
Publisher's VersionAbstracthttp://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.
Meyersfeld BC.
Introductory Note to the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. International LEgal Materials. 2012;51 (1) :106-132.
Publisher's VersionAbstracthttp://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.
Abeyratne R, Jain D.
Domestic Violence Legislation in India: The Pitfalls of a Human Rights Approach to Gender Equality. American University Journal of Gender, Social Policy and Law. 2012;21 (2).
Publisher's VersionAbstracthttp://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.
Saunders PQ.
The Integrated Enforcement of Human Rights. New York University Journal of International Law and Politics . 2012;45 (1).
Publisher's VersionAbstract
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.
Duramy BF.
Judicial Developments in the Application of International Law to Domestic Violence. American University Journal of Gender, Social Policy and the Law. 2012;21 (2) :413-436.
Publisher's VersionAbstracthttp://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.