Refine your search
Categories
Language
Magazine Year
Magazine Title
Refine your search
- Results per page : 10
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Pothier, D.
- Thesaurus
- discriminatie
- Description
- This article concerns the role of grounds in discrimination analysis, both statutory and constitutional. The author contends that, while a formalistic approach to grounds is problematic, a more 'complicated' approach to grounds offers more insight than hindrance. The focus on why something counts as a ground of discrimination should be a constant reminder of why discrimination is, legislatively and/or constitutionally, prohibited. Without a thorough understanding of the pertinent ground or grounds of discrimination, the discrimination analysis will be inadequate. Recent human rights cases involving gender and disability claims illustrate that an understanding of the dynamics of grounds can strengthen a relational understanding of discrimination. Recent constitutional cases demonstrate that the real limitation on equality claims comes not from the requirement of grounds, but from the 'human dignity' element of discrimination. Where the grounds requirement is glossed over, a critical assessment of discrimination suffers. In contrast, attention to grounds enhances the discrimination analysis. Part of the necessary attention to grounds involves recognizing the significance of the intersection of grounds, resisting the legal mindset that tends to focus on a single ground and to fall into dangers of compartmentalization. Intersecting grounds both complicate proof issues and mean that discrimination can be happening in multiple directions simultaneously. The ultimate point of a discrimination analysis is to be able to challenge dominant norms. Close attention to the dynamics of grounds of discrimination is necessary to challenge the dynamics of power relationships.
the dangers of a simplistic approach to culture in the courtroom
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Lawrence, S.N.
- Thesaurus
- rechtspraak, strafrecht, etniciteit, racisme, Canada, Verenigde Staten
- Description
- This article investigates how courtrooms and legal processes recognize, react to, and thereby create 'cultural' information. Drawing on contemporary Canadian examples and the US experience with 'cultural defences' to criminal charges, the author considers not so much how courts should react to cultural practices but rather the problems with the way we identify these practices in the first place. This 'identification' process is often a form of cultural racism and is sometimes masked as an effort at cultural sensitivity. Not only is cultural information incompletely collected and imperfectly understood, it also tends to be considered only against the unarticulated, unexamined norm of North American mainstream culture. egal institutions produce distorted views of 'Other' cultures as well as an intriguing shadow picture of mainstream culture-both of which reveal a deeply held belief in the mainstream tradition's superiority. This process can be particularly harmful for women from non-mainstream cultures. Not only does it construct their own cultural traditions as being dangerously misogynist, it also refuses to recognize those elements of mainstream culture that subordinate and endanger women. The conclusion considers the range and complexity of the challenges that judges, litigators, litigants, and communities face in trying to avoid a simplistic approach to culture, stressing the need for more careful approaches to cultural sensitivity training in judicial education and litigation strategy.
doing ethnography from the margins
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 2
- Creator
- Khan, Shahnaz
- Description
- It has been argued that the text and its reading produce knowledge in which the producer and knower are thoroughly implicated. Using this framework, the author draws upon Gayatri Spivak's notion of the native informant and explores how the politics of location helps shape the debate on the zina laws both in Canada and in Pakistan. Identifying a productive tension between writing and reading through which the author explores, while located in Canada, the social, political, and material issues shaping the context in Pakistan where women are incarcerated under zina laws. This examination disrupts the binary of here and there and examines politicized culture as an integral component of capitalist patriarch. In so doing, the author moves beyond a cultural relativism rooted in binary thinking and endorses a transnational feminist praxis.
constats et orientations nouvelles
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 2
- Creator
- Violette, Nicole La
- Thesaurus
- vluchtelingen, sekse, homoseksualiteit
- Description
- In 1993, the Immigration and Refugee Board of Canada adopted guidelines entitled Women Refugee Claimants Fearing Gender-Related Persecution. The guidelines represent a cutting edge approach and help to guarantee a process of determination of refugee status for women refugees that is more sensitive to gender-specific claims of asylum. The author demonstrates that the concept of gender-related persecution makes it very difficult for members of the commission to evaluate, in a systematic manner, all of the grounds and methods of gender-related persecution to which certain women and certain men are subjected.
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Minaker, J.C.
- Thesaurus
- strafrecht, huiselijk geweld, Canada
- Description
- Strong punitive measures and an aggressive criminal justice response have been at the forefront of contemporary approaches to domestic violence across Canada. If current justice policies in Canada are taken as an indicator of the needs of women in abusive relationships, then women are calling for a 'get tough' approach to domestic violence, including amplified police surveillance, harsher punishments for male abusers, and an extension of criminal law. Is this what female victims of abuse are seeking? This article re-introduces women's needs as a significant component in the analysis of the successes and/or failures of the criminal justice response to woman abuse. The article is based on qualitative interviews conducted with women who have been victimized by intimate violence and have called upon the criminal justice system for assistance. The main objective was to learn what the women identified their needs to be and whether, if at all, the criminal justice system responded to those needs. The interview data were used to analyze the extent to which, and the manner in which, the criminal justice system responded to the needs they articulated and then to consider whether the criminal justice system is structurally capable of responding to these needs. A re-thinking of 'women's needs' and a clarification of the corresponding notion of 'choice' emerged from this analysis.
Showing 1-5 of 5 records.