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a plea for court-mandated counselling for wife abusers in Hong Kong
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Chiu, M.C.
- Thesaurus
- huiselijk geweld, daders, China
- Description
- A court-mandated counselling programme shifts the focus of legal intervention from victims to abusers. It is within this context that the author proposes to investigate whether court-mandated counseling could work in Hong Kong.
gender discrimination, gender construction and battered women who kill
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1995
- Magazine Number
- 2
- Creator
- Nicolson, Donald
- Thesaurus
- strafrecht, huiselijk geweld, seksisme, criminaliteit, mishandeling, psychische stoornissen
- Description
- This article examines how gender construction operated in the recent cases of Sara Thornton and Kiranjit Ahluwalia. Their impact on the availability of criminal law defences to battered women who kill has already been thoroughly analysed. Equally significant, however, is the way in which the Court of Appeal constructed each woman and the story behind their killings so as to justify the disposal of their appeals. The cases also illustrate the complex relationship between gender construction and gender discrimination: how discrimination may flow from and reinforce gender constructions: and how the eradication of gender neutral bias may be replaced by a subtle process of gender construction in which female experiences and differences are considered, but in the form of sexist stereotypes which reinforce the oppression and control of women in general.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2001
- Magazine Number
- 3
- Creator
- Burton, M.
- Thesaurus
- geweld, huiselijk geweld, strafrecht, Verenigd Koninkrijk
- Description
- This case note considers the availability in the U.K. of the provocation defence in cases of intimate homicide in the context of the recent House of Lords decision in R v. Smith [2000] 3 W.L.R. 654. The note argues that the expansion of the objective component of the defence to encompass the mental infirmities of individual defendants is dangerous for women. Although it has the potential to help some abused women who kill to use the defence, it has, at the same time, exposed women who are abused by sexually possessive, violent men to even greater danger. It is thus argued that the defence should be restricted in the way envisaged by the minority judgement of Lord Millett so that abused women will still be able to use the defence, but by a non-medical route. Alternatively, the defence should be abolished and defences which pose no risk of encompassing violent men should be developed to accommodate abused women.
still `getting away with murder'
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 3
- Creator
- Burton, Mandy
- Thesaurus
- huiselijk geweld
- Description
- Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing decision in R. v. Suratan, R. v. Humes and R. v. Wilkinson (Attorney General's Reference No. 74, No. 95 and No. 118 of 2002) [2002] E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1998
- Magazine Number
- 1
- Creator
- Mehra, M.
- Thesaurus
- huiselijk geweld, bruidsschatten, India
- Description
- This article explores the relationship between law, gender and social reform through the legal discourse on dowry and domestic violence in India. Its principal sources are statutory and case law (from the High Court and the Supreme Court) on the criminal side between 1983 to 1996.
a particular social group : islam v. secretary of state for the Home Department: R. v. Immigration Appeal Tribunal and Another, Ex parte Shah
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Kirvan, S.
- Thesaurus
- vluchtelingen, asiel, huiselijk geweld, islam, moslima's, Pakistan, Verenigde Staten
- Description
- This note examines the judgement of the House of Lords in the cases of Islam and Shah, particularly with regard to their conclusion that women in Pakistan who were victims of domestic violence and not protected by their state could qualify as members of a particular social group under the Geneva Convention, and therefore attain refugee status. The note considers the Refugee Women's Legal Group's Gender Guidelines for the Determination of Asylum Claims in het UK, and discusses the problems faced by women who claim refugee status. Finally, the conceptualisation of domestic violence as a political issue and therefore a matter falling within the scope of the Convention issue is analysed.
is there any value in engaging with the law?
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2007
- Magazine Number
- 3
- Creator
- Connelly, Clare
- Creator
- Cavanagh, Kate
- Thesaurus
- privaatrecht, preventie, wetgeving, beleid, strafrecht, huiselijk geweld, Verenigd Koninkrijk
- Description
- Drawing on international evaluations and a recent study conducted in Scotland this article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse.
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