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Gender and Criminal Justice System
Gender and Criminal Justice System
Overview of the course
Gender and feminist theories Feminist approaches to Criminology Gender-based violence and VAW Sexual violence Gender-based violence and armed conflict Hate crimes and gender-based killings of women Sexual work and trafficking in women The right over one’s own body Women offenders Gender and prison SESSION 1. Gender and feminist perspectives in social sciences and criminology Contents Defining sex vs. gender o Biological sex o Gender identity & expression o Sexual orientation Gender and feminisms Feminist theories Gender-based discrimination o Gender stereotypes They are very related to prejudices. None of us is free of stereotypes because we have some ideas of how all has to be. In order to be good criminologists we have to know that they exist but it can’t lead us to prejudices.
Example of gender stereotypes: girls want to be princesses / all Muslims are terrorists.
Sex and gender We have to distinct between gender and sex: Gender and marketing It refers to what is considered to be a woman and to be a man Sex o Biological differences Primary and secondary sex characteristics, chromosomal difference (XX, XY), sex hormones, etc.
Gender identity and expression o How masculine or feminine a person feels, and how he or she expresses those traits to others o Culturally and socially constructed difference between men and women 1 Gender and Criminal Justice System Simone de Beauvoir (1949, “The second sex”): “One is not born, but rather becomes, a woman (Ser mujer no proviene del nacimiento, sino que una mujer se construye en sociedad) OMS’s (Organización Mundial de la Salud) definition “Gender refers to the socio-cultural construction of the sexual difference between men and women and the subordination of the latter. Gender roles, like attributes and beliefs about what is “appropriate” for each gender, vary historically and geographically; they are not homogeneous within the same society, and they intertwine with other aspects of identity, such as class, ethnic origin, sexual preferences, legal status, etc.” (World Health Organization, WHO).
Gender is not an isolated factor; it is related to other factors.
Sex & Gender Traditional view of sex/gender binary distinction (man/woman, male/female, masculine/feminine).
This classification, which has existed during centuries, doesn’t work (example: there are intersex persons).
Current perspectives on sex/gender more than 2 categories o Intersex people (variation in sex characteristics) According to Spanish current legislation, operate on intersex persons in the first years of life is considered sexual mutilation.
o Gender identity and transgender people o Gender identity ≠ sexual orientation Gender identity is not the same as sexual orientation.
o Gender is performative: Judith Butler 2 Gender and Criminal Justice System Sex & Gender Different realities Work (productive/reproductive work, domestic work, etc.) Family life (women’s responsibilities, double burden) Data 2015 UNWomen Poverty (increasing feminization of poverty) Education (illiteracy rate, access to higher levels of instruction) Health and nutrition (sexual and reproductive health, disparities in child nutrition) Violence (men and women exposed differently, LGBT people) The public and policy making (under-representation of women) Gender Equality Index in Europe In the media (video, 2015) A little of history… (most) Ancient cultures male dominated: o Athens: women had no legal personhood, until marriage, women were under the guardianship of their father, not full citizens (≠ Sparta) o Rome: women were citizens but could not vote, hold public office, or serve in the military; children were subject to “patria potestas”; women’s adultery was a crime (Spain until 1978).
3 Gender and Criminal Justice System Middle Ages Christine de Pizan: late medieval writer on women's issues. Book of the City of Ladies (1405) attacked misogyny.
o Witch-hunts first appeared in large numbers in southern France and Switzerland during the 14thand 15thcenturies.
o Burning of witches: Current scholarly estimates of the number of people executed for witchcraft vary between about 40,000 and 100,000. The total number of witch trials in Europe known for certain to have ended in executions is around 12,000 (75%-80% women).
The Age of Enlightenment (18thcentury): o Rousseau against women’s rights (Some) philosophers defended the rights of women: o Jeremy Bentham (1781) o Marquis de Condorcet (1790) o Olympe de Gouges, 1791:Declaration of the Rights of Woman and the Female Citizen o Mary Wollstonecraft, 1792: A Vindication of the Rights of Woman.
19thcentury: First wave feminism: o (Some) women began to agitate for the right to vote and participate in government and law making Abolitionist movement suffragists In 1893 New Zealand became the first country to give women the right to vote on a national level.
o (Some) women challenge laws that denied them the right to their property once they married Purpose: equal treatment of women and men under the Law and voting rights for women 1960 – 1980’s: Second wave feminism: o Betty Friedan: “The feminine mystique”, 1963 NOW (1966) o US: Women’s liberation movement, civil rights movement, gay liberation movement; Roe vs. Wade (1973) Goal: improving women’s access to education, employment, and benefits, as well as reproductive rights 4 Gender and Criminal Justice System Diverse feminist theoretical perspectives 1970’s: feminist scholars o Biological sex / socio-cultural gender o Women / women’s experiences o Sociological and historical emphasis 1980’s: o Postmodern theories Critiques of racism, heterosexism o Women marginalized from feminist theories o Influence of scholars in philosophy and literature Liberal feminism Shared with liberalism these ideas: o Human equality o Human rationality o Importance of individual rights o Ex: Mary Wollstonecraft, Betty Friedan Gender role socialization is the primary source of women’s oppression Liberal feminists emphasize political, social, legal and economic equality between women and men Inequality stems from the denial of equal rights 5 Gender and Criminal Justice System Radical feminism Reason for women’s subordination: patriarchy or male dominance o The status quo operates with the male model as the norm o Male power and privilege is the basis of social relations Women’s oppression o The most widespread, deepest, causes the most suffering o Provides a conceptual model for understanding all other forms of oppression Marxist feminism Reason for women’s subordination: capitalism o Division of labor is related to gender roles and women’s subordinated class status Views women’s oppression as stemming from their work in the family and the economy Socialist feminism Combines Radical and Marxist feminisms o Patriarchy & capitalism are linked: both exploitative Post-modern feminism Reject fixed categories and universal concepts in favour of multiple truths: o The needs and perspectives of non-Anglo, non-Western, and non-affluent women must be considered o Women’s issues change across cultures and across time: no single feminist voice or prespective Examine the effects of discourse and symbolic representation on claims about knowledge Multi-racial feminism Pioneered by non-white women who recognized the need to construct approaches to studying gender that attended to issues of power and difference.
Emphasizes “race as a power system that interacts with other structured inequalities to shape genders” (intersectional model).
Intersectionality Controversies among feminist Anti-pornography feminists argue that pornography fosters violence against women. Liberal feminists, in contrast, emphasize free speech rights.
Prostitution / sexual work: abolitionists and pro-rights for sexual workers.
Supportive of no-drop policies / women’s autonomy before the CJS 6 Gender and Criminal Justice System What is a feminist perspective? There are different feminist theories, but all of them have in common: o To be a “woman” is not natural/biological o Subordination o Discrimination o Law is patriarchal / sexist / discriminatory Why are feminist perspectives useful for analyzing / working in the CJS? Increases knowledge of CJS o Wider knowledge of reality o Make visible hidden realities Policy options o How the CJS deals with women, LGTB people o More effective / adequate intervention Legitimacy of CJS o A just system treats people equally o Rule of law human rights no discrimination 7 ...