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The role of international human rights law in guiding the interpretation of women's right to be free from violence under the South African constitutionHeléne Combrinck January 2010 (has links)
Doctor Legum - LLD / The thesis firstly looks at how women's right to freedom from violence has developed in international (global) human rights law since the early 1990s. In this regard, the study finds that while the issue of violence against women (and women's rights generally) was barely on the international human rights agenda at the beginning of this period, an enormous degree of development has subsequently taken place. Through the adoption of documents such as General Recommendation No. 19 by the Committee on the Elimination of Discrimination against Women, the Declaration on Elimination of Violence against Women and the Beijing Declaration and Platform of Action, international norms and standards were set regarding role of the State in providing women with protection against violence. / South Africa
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Unpacking critical masculinities and intersectionality to inform Sexual and Gender-Based Violence programmes : Envisioning an enhanced men-inclusive approach (the men's lens) through humanitarian actors in the current Syrian refugee crisis in LebanonMunoz Alonso, Pedro January 2018 (has links)
Sexual and Gender-Based Violence constitutes one of the major protection concerns in displacement settings, being the current Syrian crisis in Lebanon no exception. This has led international and Lebanese humanitarian actors to design and implement prevention and response programmes country-wide to ensure the protection of persons of concern. Yet, gender-related programmes seem to maintain a traditional approach which focuses disproportionately on women and girls. As for SGBV programmes, while women and girls do constitute the bulk of SGBV survivors, such traditional approach overlooks the need of other groups concerned by any gender and SGBV-related interventions. This holds especially true to men and boys, whose engagement in SGBV programming is still conceived in silos, usually included in prevention programmes in their role as perpetrators. Working with men and boys survivors is not widespread and there is no consistent attempt to involve men across all stages in programmes. With no aim to compromise the much needed interventions with women and girls, this Master’s thesis aims at exploring an enhanced men-inclusive approach to SGBV programmes through the exploration of a tool called the men’s lens. By analyzing how Syrian refugee men’s own masculinities and manhood and their linkages to their social positioning influence the emergence of SGBV, this Master’s thesis explores the feasibility of such approach through interviews and a set of recommendations to humanitarian actors in Lebanon. As such, the thesis contributes to bringing together academia and the humanitarian realm, contextualising the men’s lens to the reality on the ground. This includes the adoption of a practical focus on the intertwinement between SGBV, masculinities and intersectionality among Syrian refugees in Lebanon, with the ultimate goal of contributing to improving current SGBV programmes in the Syria crisis.
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Avanços e limites da política de enfrentamento à violência de gênero e serviços de atendimento às mulheres no município de João Pessoa PBOliveira, Michele Ribeiro de 23 September 2010 (has links)
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Previous issue date: 2010-09-23 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This study analyzes improvements and limitations in the implementation and effectuation of
the policy for tackling gender-based violence, and in assistance services for women in the city
of João Pessoa/PB, results of theoretical and empirical reflections from the Social Service
Masters Course of Federal University of Paraíba. From a critical-analytical perspective, we
could understand the inequalities and asymmetries between men and women, which are
results of a society established by a patriarchal logic. We learned that the violence against
women is intrinsic to this model of organization and is not restricted to the interpersonal
relations only, but also underlies the gender relations. This complex issue is a political and
social matter, making the state intervention mandatory. This is a qualitative-quantitative
research. The data collection method consisted of interviews followed by a content analysis of
the respondents answers, based on the theoretical framework guiding this study. The universe
of this research was comprised of 11 women users of the Centro de Referência da Mulher
Ednalva Bezerra, a city public agency. The research was carried out from November 2009 to
February 2010. The discussion and analysis presented corroborate the guiding questions of
this research. We found that the gender-based violence becomes more complex and
ambiguous within an affective relationship, making difficult for the victims to lodge a
complaint. The approval of the Maria da Penha Law, which curbs gender-based violence in its
domestic and family forms, does not translate into effectuation of the assistance services to
which the law refers. The impunity for perpetrators also contributes to the reproduction and
permanence of this phenomenon. Also, the absent, insufficient, and non-prioritized assistance
services from the state reveal its position over the issue, defending class interests and the
patriarchal logic. Finally, we learned that the achievements of women are uncontested, with
profound changes in society; however, the rights and the broadening of citizenship for women
are limited by the landmarks of the capitalist society, which is permeated by the patriarchal
logic of gender. / O presente estudo analisa os avanços e limites para implantação e efetivação da política de
enfrentamento à violência de gênero, e serviços de atendimento às mulheres no município de
João Pessoa/PB, resultado das reflexões teóricas e empíricas realizadas no Curso de Mestrado
em Serviço Social, da Universidade Federal da Paraíba. A partir de uma perspectiva analíticacrítica,
permitiu compreendermos as desigualdades e assimetrias entre homens e mulheres, as
quais são constitutivas da sociedade erigida pela lógica patriarcal. Apreendemos que a
violência direcionadas às mulheres é intrínseca a essa organização, não resumida às relações
interpessoais, mas estruturante das relações sociais de gênero. Essa problemática complexa é
uma questão política e social, portanto torna-se imprescindível a intervenção do Estado.
Metodologicamente, recorremos à pesquisa qualitativa e quantitativa, como técnica de coleta
de dados, adotamos a entrevista e análise de conteúdo das falas das entrevistadas, balizada
pelo referencial teórico que norteia o estudo. O universo de pesquisa constituiu-se de 11
mulheres usuárias do Centro de Referência da Mulher Ednalva Bezerra, órgão público
municipal. O período da pesquisa foi novembro de 2009 a fevereiro de 2010. A discussão e
análise apresentadas afirmam as questões norteadoras da presente pesquisa, ao verificarmos
que a violência de gênero, ocorrida numa relação afetiva, torna-se mais complexa e ambígua,
dificultando sua denúncia; que apesar da aprovação da Lei Maria da Penha, coibe a violência
de gênero, na forma doméstica e familiar, não se traduz na efetivação dos serviços de
atendimento que são previstos, além da impunidade dos/as agressores/as que é presente,
contribuindo para a reprodução e naturalização do fenômeno. Ainda, a ausência, precarização
e a não priorização de serviços por parte do Estado exprimem o posicionamento frente à
problemática e da defesa dos interesses de classe e da lógica patriarcal. Por fim, apreendemos
que são incontestes os deslocamentos de conquistas das mulheres, com profundas mudanças
na sociedade, porém os direitos e alargamento da cidadania das mulheres encontram limites
nos marcos da sociedade capitalista, permeada pela lógica patriarcal de gênero.
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(Re)Imagining 'justice': documentation of sexual violence against Rohingya women and girls in MyanmarEtmanski, Theressa 02 October 2018 (has links)
The Rohingya population of Myanmar have been called one of the most persecuted ethnic minorities on earth. Beyond the systemic discrimination and ongoing violations of basic human rights, Tatmadaw operations against Rohingya communities in Rakhine State in recent years have amounted to ethnic cleansing, if not genocide. Reports of widespread sexual violence by security forces have garnered significant international attention, increasing our collective awareness of how rape is used as a weapon of war. In light of Canada’s Special Envoy to Myanmar’s report recommending that investigation take place to establish an evidence base for future prosecutions, it is critical that sexual and gender-based violence crimes be adequately factored into documentation strategies. This strategy will send a message that abuses upon women’s bodies are no longer regarded as mere inevitable ‘spoils of war’, but instead belong among the gravest of crimes, worthy of international resources and expertise to address. In order to minimize further intrusion into the lives of Rohingya survivors, it is necessary to consider the various possible justice mechanisms that may be used, and the different methods and standards of documentation that may be required for each. While early documentation efforts are encouraged so that relevant evidence is not lost, these considerations call for careful research, planning and ethical reflection. In order to contribute to this process, this thesis explores how law may operate to bring about justice for sexual and gender-based violence, and provides guidance on how to document evidence to be used for this purpose. At the same time, it recognizes that the form of justice international criminal trials can offer is inherently limited in scope. It further explores how “justice”, a contested concept, is not always defined or achieved through the punishment of perpetrators alone. It therefore draws on critiques of international criminal justice to imagine other ways that justice might manifest, and then identifies the methods of documentation possible to facilitate these efforts. / Graduate / 2019-09-07
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Post-Disaster Gender Based Violence : An Abductive Case Study of Hurricane Katrina and the Haiti EarthquakeTomasdotter, Villemo January 2018 (has links)
Previous research has shown a post-disaster increase of Gender Based Violence [GBV], suggesting a need for further investigation of the phenomena and its causes. This research draws together a wide-ranging collection of secondary data sets concerning disasters and gender based violence. It analyses the social environment in post-disaster settings that breeds an increase in GBV with focus on Sexual Gender Based Violence[SGBV] and Intra Personal Violence [IPV]. Through a comparison of two case studies: (a) post-earthquake Haiti and (b) post-hurricane Katrina. The cases are analysed through an analytical framework constructed out of three theories, Eco-feminism, Hyper-masculinity and Situational Theory, which together could give a trustworthy explanation of the phenomena. The findings show that similar factors were prevalent in both cases, and in turn provides insights for the abductively derived framework that relates the causal mechanisms behind the phenomena of post-disaster gender-based violence, building on the commonalities between social environments and structures in the cases. In particular, it was found that a patriarchal root structure and high rates of frustration both provided explanatory causal mechanisms for increased GBV. Though changes in environments can affect the prevalence of GBV as it can provide easier access of victims and lower the risk of penalties in relation to the crimes. In order to address GBV associated with future disasters, post-disaster plans need to adapt a gender mainstreamed approach with focus on safe housing and rapid rebuilding processes for the grass root level.
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Lei Maria da Penha e princípio da subsidiariedade: diálogo entre um direito penal mínimo e as demandas de proteção contra a violência de gênero no Brasil / Maria da Penha Law and Principle of SubsidiarityMaria Claudia Girotto do Couto 13 April 2016 (has links)
A presente pesquisa tem como objeto a investigação sobre os limites e possibilidades presentes na aplicação do Direito Penal no enfrentamento da violência doméstica e familiar contra a mulher no Brasil. Para tanto, após esclarecidas questões acerca do fenômeno da violência doméstica, como suas origens e características, analisa-se a trajetória política que levou à elaboração da Lei n. 11.340/2006 (Lei Maria da Penha). É realizada, então, uma análise das previsões legais da Lei Maria da Penha, com especial destaque para as repercussões de caráter penal para o agressor. Posteriormente, dedica-se um capítulo à investigação do Princípio da Subsidiariedade e problematiza-se a aplicação do Direito Penal como instrumento de poder do Estado e como via de política pública, sendo abordados também o aspecto simbólico do Direito Penal e as funções da sanção penal em um Estado Democrático de Direito. Por fim, concretiza-se no último capítulo a investigação sobre as atrações e repulsões entre o Direito Penal e as iniciativas de enfrentamento da violência de gênero no Brasil. / This research intends to investigate both the limits and the possibilities concerning the use of Criminal Law to fight domestic violence against women in Brazil. For this purpose, after clarifying the basic characteristics and origins of domestic violence, we analyze the political trajectory that led to the creation of Law n. 11.340/2006 (Maria da Penha Law). An analysis of the legal provisions of the Maria da Penha Law is then presented, with particular emphasis on the criminal repercussions for the aggressor. Subsequently, a chapter is devoted to investigating the Principle of Subsidiarity and discussing the applications of Criminal Law both as an instrument of power and as a means of public policy, spanning the symbolic aspects of Criminal Law as well as the functions of criminal sanctions in a Democratic State. Finally, the last chapter elaborates on the attractions and repulsions between criminal law and the initiatives to fight gender-based violence in Brazil.
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Gender, Peace and Security : Examining the assumed benefits of involving men and work on transforming masculinities in the implementation of United Nations Security Council resolutions 1325 and 1820Sveide, Linnéa January 2017 (has links)
My aim of this this thesis is to examine the assumed benefits of involving men and work on transforming masculinities when implementing the WPS (Women Peace and Security) agenda focusing on UNSCR (United Nations Security Council Resolutions) 1325 and 1820, in peacebuilding efforts and peacekeeping missions. The empirical findings derives from four semi- structured interviews with informants involved in implementing a masculinity perspective in UNSCR 1325, or informants that had conducted research of this area. A document analysis was also conducted to complement with the interviews and to dig deeper into how a focus on masculinities could be implemented. The document analysis consisted of training material from the Swedish Police force training on UNSCR 1325 for Swedish and international personnel going to UN Peacekeeping missions. The data was analysed with the theories radical feminism and R.W Connell’s masculinity theory. The thesis result indicate that the assumed benefits are multiple. The key reason to include men and to work on transforming masculinities could be that it would mean to take a holistic gender perspective, and to focus on the gendered drivers of conflict as well as the impacts of conflict.
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Women’s Socio-Economic Rights in the Context of HIV and AIDS in South Africa: Thematic Focus on Health, Housing, Property and Freedom from ViolenceAmollo, Rebecca January 2011 (has links)
Doctor Legum - LLD / The thesis finds that the majority of women affected by HIV and AIDS in South Africa still live in conditions of poor access to health services, inadequate access to housing, limited access to property and live amidst gender-based violence. Nevertheless, there exist legal protections and jurisprudential developments in the country that are significant for the realisation of women's rights in the context of HIV and AIDS. The thesis concludes that the law is not the ultimate site for change to improve women's lives, but that applied with other efforts, can be transformative. / South Africa
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La violence de genre dans les rapports amoureux en Espagne et au Chili (1931-2004) : Elaboration discursive d'un problème social et politique dans le contexte dictorial et postdictatorial. / Gender-based violence in intimate relationships in twentieth-century Spain and Chile : A discur-sive analysis of a social and political problem in a dictatorial and post-dictatorial contextSanz, Anne-Claire 28 June 2016 (has links)
La thèse La Violence de genre dans les rapports amoureux en Espagne et au Chili au XXe siècle. Elabora-tion discursive d’un problème social et politique dans le contexte dictatorial et post-dictatorial explore le terreau culturel sur lequel se sont construites, en Espagne et au Chili, les différentes représentations de la violence contre les femmes dans le couple, au XXe siècle. La lutte contre ce problème y a acquis une grande visibilité politique et médiatique ; pourtant, la reconnaissance par les acteurs publics de ce pro-blème n’allait pas de soi dans ces pays de culture patriarcale, où les stéréotypes et les inégalités fon-dées sur le sexe ont été, jusqu’à une date récente, érigés en normes juridiques, politiques, et sociales. Nous postulons que le contexte dictatorial a conduit à une brutalisation des rapports sociaux, notam-ment des rapports de genre. L’omniprésence d’une violence politique genrée et la réarticulation d’un dis-cours de genre traditionnel, ont d’une part, favorisé la restauration d’un ordre de genre qui légitime et invisibilise la violence s’exerçant dans le cadre de relations amoureuses et, d’autre part, interrompu l’effort de conceptualisation de ce phénomène entrepris, dans les deux pays étudiés par des femmes engagées pour l’émancipation féminine. Dans le contexte dictatorial et post-dictatorial, les mouvements féministes analysent la violence de genre comme un problème social et politique, produit d’un système normatif qui a favorisé l’instauration et la naturalisation d’un rapport hiérarchisé de pouvoir et de domina-tion entre hommes et femmes. Nous interrogeons les modalités et temporalités différentes qui s’observent dans les deux pays étudiés. / This thesis explores the cultural underpinnings of the different social representations of gender-based violence in intimate relationships throughout the twentieth century in Spain and Chile. The fight against gender-based violence has become increasingly prominent both politically and in the media in both of these countries. However, recognition of the issue by governmental and public institu-tions was not guaranteed, given the countries’ patriarchal cultures, where stereotypes and gender-based inequalities were, until recently, enshrined in the legal, political, and social systems. We hypothesise that the dictatorships in both countries led to a brutalisation of social relations, in particular gender relations. The pervasiveness of a gendered political violence, and the resurgence of a traditional gender discourse, have both promoted the restoration of a gender order that legitimises and shrouds the violence that can occur within intimate relationships, and also impeded attempts to conceptualise the phenomenon by women committed to female emancipation. In these dictatorial and post-dictatorial contexts, feminist movements analyse gender-based violence as a social and political problem; the product of a normative system that favoured the adoption and normal-isation of a hierarchical relationship of power and domination between men and women. We examine the different temporalities and modalities observed in the two countries.
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Theory of Gender and Power: Intimate Partner Violence, HIV Status and Sexual Risk Behaviors in Haitian WomenSaxena, Anshul 28 March 2017 (has links)
Among women in Haiti, there are a number of factors, including intimate partner violence (IPV), childhood sexual abuse, and alcohol abuse that lead to increased vulnerability to STI/HIV and its sequelae. This study examined the factors associated with IPV and the associations between IPV and HIV in a sample of adult Haitian women.
The current study is a secondary analysis of data collected from HIV+ and HIV- women attending the GHESKIO centers in Haiti. The measures include: Self-reported Questionnaire-20 (SRQ-20); Attitudes Towards Gender Roles; Partner Violence; Alcohol Use Disorders Identification Test (AUDIT); Partner Support; Sexual Relationship Power Scale (SRPS); Centers for Epidemiological Studies Depression Scale (CES-D); the State-Trait Anxiety Inventory (STAI); and, Vaginal Episode Equivalent (VEE). Descriptive statistics were used for demographic characteristics. Pearson correlations, t-Test, Generalized linear model, Logistic regressions, and Generalized linear mixed models were used for estimating the strength of associations.
The mean (SD) age of the participants was 25.5 (5.4) years. Approximately 68.4% had some secondary school education and only 0.9% had a college or professional degree. The majority of participants (82.2%) had a partner, but did not live with them. Generalized linear mixed modelling showed that lack of family support (β = 0.28, p < 0.05), history of childhood sexual abuse (β = 0.66, p < 0.05), and traditional gender-based attitudes (β = 0.10, p < 0.001) predicted major IPV. Results from logistic regression analysis showed that age at sexual debut (AOR: 0.745; 95% CI: 0.585, 0.948) and physical violence (AOR: 3.482; 95% CI: 2.316, 5.235) were significantly associated with HIV seropositive status. Generalized linear mixed modelling analysis showed that decreased relationship control subscale scores (β = -0.26, p < 0.05) and alcohol use problems (β = 0.18, p < 0.05) were significantly associated with high levels of risky sexual behaviors over time.
In summary, a history of IPV was significantly associated with traditional gender based attitudes, history of childhood sexual abuse, and lack of family support. History of IPV and age of first sexual experience were significantly associated with HIV seropositive status. Finally, relationship control and alcohol use problems were significantly associated with sexual risk behavior. These findings indicate potential areas of further study and intervention among Haitian women.
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