Session 3 Gender-based Violence (2016)Apunte Inglés
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SESSION 3: GENDER-BASED VIOLENCE AND GENDER-BASED VIOLENCE AGAINST WOMEN
"Discrimination against women" shall mean any distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
Definition of discrimination: result of a policy that has the effect or the purpose of excluding or benefiting or causing someone or some group, not to enjoy their human rights.
- Direct discrimination: purpose or intention of exclusion.
- Indirect discrimination: effect or consequence of a policy.
Positive discrimination -> Affirmative action: policy that is engendered to overcome an historical or actual discrimination of a certain group. The action is not discrimination, is affirmative action. Purpose of correct a preexistence discrimination.
Discrimination, violence and human rights Rule of law -> human rights -> non discrimination principle Violence and human rights: life, physical and psychological integrity, health, etc.
When violence is based or motivated by race, sex, gender, sexual orientation, religion, etc. is considered a form of discrimination. Hate crimes.
Violence as human rights issue The Sates cannot be passive in front of violence. They have to adequate measures to prevent and punish violence: criminal legislation and criminal justice, and also crime prevention.
When violence is also a form of discrimination, measures must be adequate to prevent and punish that kind of violence. The obligation to fulfill means that States must take positive action to facilitate the enjoyment of basic human rights.
Example: Mexico is not adjusting their action for natives who don’t speak the official language.
Gender based violence (GBV) Violence that is targeted at women or men because of their sex and/or their socially constructed gender roles.
Includes but it is not limited to sexual violence. Principally affects women and girls across all cultures -> violence against women (VAW). GBV against men / boys and LGTB people.
Perpetrators may include family members, community members, state agents, etc.
Corrective rape: focused to correct homosexuality. Form of sexual violence and gender based violence because of the sexual orientation.
Examples: - GBV against men / boys. Armed groups who recruit children to become members of the army. The way of convincing them is based on gender pressure, to show their masculinity.
- GBV against LGBT people. Harassment, aggression, etc.
Definition: “punishes those who deviate from what is considered normal in terms of social roles assigned to men and women, and punishes divergent behaviors and sexual options”.
GBV & GBVAW GBV includes GBVAW, but it is not limited to violence against women (VAW). GBVAW is the most prevalent form of GVB. However, some legislations confuse GBV and GBVAW.
Example: In Spain legislation, “violencia de género” only refers to intimate partner violence (IPV) against women in heterosexual relations.
Gender based violence against women (GBVAW) Encompasses many forms of violence, including: - Violence by an intimate partner (intimate partner violence, IPV).
- Violence (mostly sexual) perpetrated by someone other than a partner (non-partner sexual violence).
- Female genital mutilation, honor killings (justified as defending the honor of the family), trafficking of women, etc.
Unconscious Bias: Gipsies. We have been educated to somehow, profile people automatically.
Also about fear. Prejudices.
35% of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence. GBVAW is a public health problem of epidemic proportions.
Most of GBVAW is intimate partner violence: Worldwide, almost one third (30%) of all women who have been in a relationship have experienced physical and/or sexual violence by their intimate partner.
Intimate Partner Abuse (IPH – Intimate Partner Homicide) A batterer is generally not trying to hurt the woman he batters only to cause injury, but to dominate her so as to gain power and control over every facet of her life.
The violence is used as a tool to instill fear in his victim. This fear -kept fresh by renewed incidents of violence- is what allows a batterer to exercise power and control over this victim, often over a long period of time. Consequences can be physical trauma, psychological or fear and control.
GBVAW and the role of the Law Historically, many forms of GBVAW (IPV) were not considered as crimes. “Moderate” punishment was socially and legally accepted, both by doctrine and judicial practice. In the ancient Rome we had the patriarchal mode. Based on the duty of obedience set in biblical messages. Under the Common Law, in the UK, the traditional husband’s right to inflict moderate corporal punishment to his woman was removed in 1891.
Criminal Law & GBVAW UK: The Domestic Violence Act, first introduced in 1976 enables women to obtain a court order against their violent husband or partner.
Spain: Habitual domestic violence in 1989.
1970’s -> second wave feminism -> first shelters for battered woman in UK.
CJS Main Problems Sentencing and treatment or rehabilitation. The interventions have shown a minimal impact on reducing recidivism beyond the effect of being arrested, and one of the reasons is because men really think that the problems is women behavior and not him. Emotional, social and economic effect of incarceration.
Underreported. Most of women never go to the police station to report IPV, because of fear, isolation, shame, etc; they have children; past failures of the system to respond; religious and/or societal pressures; class/race factors (economic dependency, migrant status) – intersectional analysis.
Police officers and mandatory arrest policies. Debate in the US: some feminists say, once a woman has reported a crime, they do not want to continue the trial and prosecution; they change their mind. Other feminists say, never mind, change her mind must be a possibility because it is important to respect her decision.
Solution: Immediate arrest of the perpetrator. Problem: many States adopted mandatory arrest laws, no matter what the wife would say. The intention was to reduce domestic violence, but the real one, some years later, the number of women that has been killed by their husbands has increased. Many women would never call the police because of the mandatory arrest law.
The prosecutor will be the one who prosecutes a perpetrator regardless of the victim’s wishes.
The General State interest of ending abusive realtionships is to decide it. – Directive approach Prosecution: women’s will and “no drop” policies Victim’s empowerment model of domestic violence advocacy: a battered woman regains her autonomy by making decisions for herself / women as decision maker.
No drop policy: the state prosecutor decides whether to prosecute a domestic violence perpetrator, regardless of the victim’s wishes. General state interest of ending abusive relationships.
Women on trial. Women who are not the “ideal victim”. Innocent victim / less innocent victim (provocation): “the possibility of being considered both and agent and a victim is limited in the criminal justice discourse and women risk having to deny their agency to be offered full criminal legal protection against violence in heterosexual relationships”.
Women: between victimization and agency. Factor considerate negative in gender based violence.
Is IPV only perpetrated by men? Men and Women as IPV perpetrators. We are reporting an incident in the Criminal Justice System, something specific. Six-years study: considering nature of cases, forms of violence, frequency of incidents and levels of arrest.
US: Violence is considered as trivial, not so serious and that’s why it is not reported. Male violence is more severe and aggressive and women victims are more likely to use services.
UK: Intense fear and control of partners in cases involving male as sole perpetrators. Most female sole perpetrators, had only one incident recorded.
Arrests UK study: more men were arrested than women. Women were more likely to be arrested per incident. That is because women more easily use weapons, but they are not arrested for threats to kill.