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Session Overview
RN33_05b: Violence, legal practices and oppositions
Thursday, 22/Aug/2019:
11:00am - 12:30pm

Session Chair: Nilay Çabuk Kaya, University of Ankara
Location: BS.3.15
Manchester Metropolitan University Building: Business School, Third Floor, North Atrium Oxford Road

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Combating Domestic Violence Against Women in Service Providers Perception of Gender Equality in Turkey

Nilay Çabuk Kaya

University of Ankara, Turkey

Domestic violence against women remains a major problem that is waiting for a solution. Violence against women because of their gender prevents women from taking advantage of their rights and freedoms. In order to combat this important problem, policies are developed at international and national level, regulations are made and intensive efforts are being made to transform the implementation in accordance with regulations.

The prevention of violence against women will be ensured through the participatory efforts of law enforcement officers, health workers, law enforcement, social workers, psychologists, shelter and media workers working in public institutions and organizations providing services for women who are exposed to violence and at risk.

The purpose of this study, the institutions offering this service in Turkey is to demonstrate the capability of an assessment in terms of the perception of gender equality..

In line with this objective, the research carried out in 26 provinces conducted in-depth interviews with 111 people who were exposed to violence and provided services to women at risk. 17 different focus group interviews were conducted and quantitative data were collected from 316 institutions to determine the institution capacity.

This research presents a situation analysis that demonstrates the capacities of institutions providing services from different dimensions. In this presentation, gender equality perceptions of these institutions, rather than determining accessibility and quality of services for women exposed to domestic violence, will be tried to be revealed.

Gender Stereotypes in Judicial Judgments: Analyzing Sexual Violence Cases in Croatia

Dario Cepo, Mateja Čehulić

University of Zagreb / Faculty of Law, Croatia

Societal focus has been put on the issues of gender disparity, including gender-based violence and institutional response to it. Modern activities such as #metoo and those from previous decades linked to social movements for women’s liberation led political actors to act and adopt both national and supranational legislature combating gender-based violence and stereotypes based on gender. There is enough research done on this question to gauge the success or failure of societies to tackle this issue. What is less known is the activities of the judicial system in fighting gender stereotypes especially in the case of gender-based violence.

This paper focuses on the cases of gender-based sexual violence (where girls and women are victims) and gender stereotypes common in judicial judgments. We analyze current theoretical and empirical literature in order to build a typology of stereotypes linked with gender-based violence. This typology of gender-based stereotypes will provide a basis for research on individual rape, and other gender-based sexual violence, cases in Croatia, ie. examples of gender stereotypes used as mitigating or aggravating circumstances by judges. We use typology of stereotypes in order to show the most common types of stereotypes in Croatian judicial practice. This will indicate the link between the proclaimed public and political discourse on gender-based violence with its implementation and realization in the judicial field.

Keywords: gender-based violence, sexual violence, gender stereotypes, judicial judgments, courts

Sexual Consent And Gender-Based Violence

Esther Oliver1, Ana Vidu2, Guiomar Merodio3

1University of Barcelona, Spain; 2University of Deusto, Spain; 3University of Barcelona, Spain

The gang rape case occurred in Spain during a 2016 famous festival placed the trial against its five aggressors on an unprecedented social scale in Spain. The court that ruled for sexual abuse and not for rape generated a prompt rejection from citizens against the current legislation and in favour of the victim. Under this framework, consent for sexual engagement become the issue to be raised while analysing victim’s willing to consenting sex. Several North American States and some European countries already started to include consent on their gender-based violence legislation or merely started a discussion about what consent means and under which situations it cannot be provided. The Spanish government has also expressed its interest in modifying the Criminal Code to legislate consent in relation to sexual crimes. They take advantage of the current social opportunity needed to create awareness and transform laws. While there is a rather spread agreement in country laws and scientific literature that consent should be affirmative, positive, voluntary, aware and enthusiastic, the situations in which consent cannot be asked neither achieved are still understudied. Communicative acts place a crucial role to that extent. As language takes place through interactions and sexual violence may happen in interactions among people, specific communicative acts may permit or avoid such situations of violence. Language and social interactions prove to be key in approaching violence and can contribute to develop effective prevention strategies. The paper provides knowledge on the potentiality of using language to fight against gender violence.

The Work Of Anti-Violence Organizations In Russia: Overcoming Legal Barriers By Building A Knowledge-Based Network

Maria Davidenko

Higher School of Economics, Russian Federation

The gradual restriction on foreign assistance to Russian non-profit organizations (NPOs) began in the mid-2000s and culminated in the 2012 Foreign Agents Act. However, starting in 2006 the state has also been providing increasing support to non-foreign funded, socially-oriented NPOs. This article explores how NPOs in the field of domestic and sexual violence operate in this legal climate, given that their work has also been affected by the “decriminalization of beatings in the family” (DBF). Previous research has shown that social NPOs that cooperate with, and receive funding from, the government can still find ways to advocate on behalf of their constituencies. The findings of the present study both support and add new insights to this observation. The DBF has evidently politicized domestic violence, which turned public discussions of a federal domestic violence law into a political activity to be avoided. Despite these limitations, anti-violence NPOs seek to propose innovative practices that can benefit survivors in the absence of a national law on DV, and to conduct educational seminars for specialists from the public sector to promote a unified understanding of the problem. Through these activities, anti-violence NPOs seek to develop a knowledge-based network of non-state and state actors. In the situation where NPOs have to largely rely on personal connections with and sympathies of individual government representatives, building such a network becomes an effective way to advance the interests of survivors. The article draws on interviews with nineteen representatives of two state and twelve non- state anti-violence organizations.

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