The Transitional Justice Gap: Exploring ‘Everyday’ Gendered Harms and Customary Justice in South Kivu,DR Congo

Feminist transitional justice (TJ) has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition.     

Battered Women’s Experiences of the Criminal Justice System: Decentring the Law

This article takes up Smart??s suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or ??judge-oriented?? practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even by focussing on law in practice, and as a result it may be difficult to successfully challenge law??s truth claims in this way. The analysis of criminal prosecutions of domestic violence offences reported here supports Smart??s earlier findings that women and children who seek redress through the criminal justice process find the process at best ambivalent and at worst, destructive. However, the article also shows how, in the Queensland context, women sometimes find their way to feminism and personal empowerment by going to law.     

A Woman’s Work is… Unfinished Business: Justice for the Disappeared Magdalen Women of Modern Ireland

In this article I explore one core feature of contemporary campaigns for justice for Ireland’s Magdalen women concerning their deaths and disappearances, which continue to be denied by a State that has only recently started to acknowledge civilian deaths in other contexts such as armed conflict. I examine the treatment of the disappeared and deceased Magdalen women in the economic and political context of the Irish use of religious institutions and consider the significance of this regime for women’s citizenship in the postcolonial nation-building processes of the twentieth century. I aim to illustrate the connections between gender, violence and citizenship that are implicated in outcomes for justice for Magdalen survivors and victims, as well as conceptions of Irish women’s citizenship in general. In this discussion I consider the Magdalen campaigns for justice as significant for the individual women and families involved, as well as the entire nation’s conception of self as represented in history.     

“I Want to be Able to Walk the Street Without Fear”: Transforming Justice for Street Harassment

The practices comprising the analytic category of street harassment are rarely responded to through either criminal or restorative justice approaches, and the possibilities for transformative justice have to date not been considered. In this article we advocate for a victim-centred justice response to street harassment, specifically examining the potential for transformative justice to function in this way. Drawing on data from a recent Australian study, we examine participants’ understandings of justice and desired justice responses to street harassment. Participants’ responses drew attention to a range of perceived shortcomings of the formal justice system as a mechanism for responding to street harassment. Instead, participants advocated for a justice response concerned with transforming cultural and structural norms, in particular gender norms. We end in an examination of the limitations of transformative justice, looking to recent work on “kaleidoscopic justice” as a way of transforming common conceptions of justice itself.     

What Predicts Pre-adolescent Compliance with Family Rules? A Longitudinal Analysis of Parental Discipline,Procedural Justice,and Legitimacy Evaluations

Journal of Youth and Adolescence - During adolescence, individuals make judgements on the legitimacy of authorities to make and enforce rules and they differentiate between various types of rules....     

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Arguments in favour of strengthening the rights of victim–survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim–survivors are assigned the legal status of witnesses in criminal cases, with limited if any rights, is a just arrangement. In order to answer this question, the article draws on interviews with 35 victim–survivors of sexual violence in Iceland. The interviews are presented against the backdrop of Nordic legal thinking and are interpreted in the context of Nancy Fraser’s democratic theory of justice. On the basis of the findings, I argue that assigning complainants the role of witnesses constitutes a case of misframing that results in misrecognition throughout the criminal justice process.