The Duty to Protect Women from Sexual Violence in South Africa

In 1998 Ghia Van Eeden was sexually assaulted by a serial rapist who had escaped from police custody due to the negligence of the South African police authorities. Claiming that the State owed a common law duty of care to potential victims to protect them from violent crimes, Van Eeden sought damages for the harm she had suffered. In a path-breaking decision, the Supreme Court of Appeal (S.C.A.) found that a duty of care did indeed exist and that its execution had to be considered in line with the constitutional requirement to protect women's right to be free from violence and the constitutional obligation to develop the common law so as to promote the spirit, purport and objects of the South African Bill of Rights. Examining the Van Eeden decision in terms of its substantial development of the circumstances in which the State may be judged liable for a wrongful omission, this note positions the S.C.A.'s decision in the context of the evolving case law of the Constitutional Court on sexual violence and ultimately questions its practical significance for addressing the prevalent abuse of women in South Africa. This revised version was published online in July 2006 with corrections to the Cover Date.     

Domestic Violence and the Gendered Law of Self-Defence in France: The Case of Jacqueline Sauvage

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform.     

Child Protection Intervention in Domestic Violence: An Illustrative Case Narrative

This is a case study, written from the point of view of child protection caseworkers, about their work with one family. They draw on practices originating in solution-focused and brief therapy, response-based theory, and relationship-based practice. The goal is to implement practices that (a) hold the perpetrator accountable rather than the victim, (b) attempt to avoid putting the mother in a position of having to choose between partner and children, (c) capitalize on child protection's unusual mandate in order to provide support for the mother, and (d) position the professional as a supportive ally of the mother and children instead of relying on the investigative stance. The case is an instance of how these goals and principles are operationalized. Examples of their choices include holding the perpetrator accountable instead of the mother, (a) focusing on what the mother is already doing to protect the children rather than what she is not doing, (b) placing the Ministry of Children and Family Development between the perpetrator and the victim, (c) avoiding forcing the mother to choose between her children and her partner, and (d) attending to the qualities of the relationship with the mother.     

The Canadian Supreme Court and Domestic Violence: R v Ryan, 2013 SCC 3

This paper analyses the judgment of the Supreme Court of Canada in the case of R v Ryan, 2013 SCC 3. This is a very significant decision from a variety of perspectives. The judgment is an important addition to the Canadian criminal law jurisprudence as it clarifies the scope of the defence of duress. However, from a feminist perspective, the case also highlights issues relating to situations in which victims of domestic violence eventually kill their partners following long cycles of abuse. In addition, the judgment serves as a reminder of the substantial problems which still exist regarding the responses of criminal justice systems to victims of domestic violence and the abuse they have suffered.     

The agrarian question and class contradictions in South Africa: Some theoretical considerations

The article first considers two dominant approaches to black rural social formations in South Africa, those of neo‐classical populism and radical political economy, examining their ideology and politics as well as their theoretical inadequacies. The major part of the article then provides a general interpretation of the theory and politics of the agrarian question in Marxism, which has strategic implications for the current phase of national democratic struggle in South Africa, as for democratic and socialist struggles elsewhere. This discussion concentrates on issues concerning the land question, the agriculture/industry contradiction and the worker‐peasant alliance, petty commodity production and class differentiation vs. a homogenised rural mass ('the people'), and the centrality of the agrarian question to national democratic struggles and those for socialist transformation.     

Legal Violence Against Syrian Female Refugees in Turkey

Turkey hosts the world’s largest community of Syrians displaced by the ongoing armed conflict. The object of this article is to explore the damaging effects of a hostile legal context on female Syrian refugees in Turkey. I base my analysis on scholarship that theorises immigration legislation as a system of legal violence and I argue that the Temporary Protection Regulation and the Law on Foreigners and International Protection that govern the legal status of refugees in Turkey inflict legal violence on Syrian female refugees. This legislation keeps them in the regime of temporary protection and prevents their access to international protection. The temporary protection regime serves furthermore as the main determinant for other forms of legal violence inflicted by various actors. I explore the effects of the Turkish government’s inaction in terms of preventing and sanctioning the abuse of Syrian female refugees as unpaid sex and household workers. I show that the extended legal limbo on the conditions of employment of Syrian refugees secures female Syrians as the most precarious workforce for Turkey’s various sectors. Finally I claim that the forced confinement of Syrian beggars in refugee camps is instrumentalised for their disciplinary regulation.     

Case note: Same-sex Marriage in South Africa –the constitutional Court's Judgment

Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A single judge dissented on the issue of remedy, finding that the Court should have developed the common law to include same-sex couples within the definition of marriage and read the necessary wording into the legislation with immediate effect. The decision is the culmination of a legal struggle by gays and lesbians for recognition of their relationships and the protection of their rights. While the scope of the right to marry may have been extended, the rights of domestic partners lag behind, often to the detriment of women in these relationships.     

Gender,Care, and the Normalization of Violence: Similarities between Occupational Violence and Intimate Partner Violence in Finland

According to the statistics, violence against women is quite common in Finland, particularly in partner relationships and in care work. The present article looks at the similarities in the ways in which victims of occupational violence in care work and victims of intimate partner violence understand their experiences of violence. The commonalities among interpersonal relations are highlighted in order to offer new insights to the analysis of gender in research on occupational violence. Drawing on empirical data and research literature on the experiences of violence of Finnish women, this article suggests that minimization, naturalization and legitimization of the encountered violence is typical for women in care work as well as for quite ordinary women in their intimate relationships.

The article identifies gendered ideals of caring as an area overlapping and in disjunction with violence at work and at home. These contribute to the ways in which women tend to belittle the impact of violence targeted at them in both these spheres of life. Women are traditionally assumed to be responsible for taking care of others and for maintaining interpersonal relations. In the Finnish context, the responsibility for care is associated with an assumption of endurance that Finnish women show even in violent situations. However, the complexities involved in the phenomenon of interpersonal violence give rise to a need of conceptualizing gender in a more multi‐faceted manner than as a binary opposition between men and women. While analysing the gendered meanings of care we should bear in mind the dynamic nature of gender as a process of signification.     

Female Faith and the Politics of the Personal: Five Mission Encounters in Twentieth-Century South Africa

This article explores female religious interaction in racially divided ‘colonial’ South Africa through the lives of five unmarried Anglican women missionaries who worked in and around Johannesburg between 1907 and 1960. It particularly analyses the quality of their personal relationships with African women converts, colleagues and students.Deaconess Julia Gilpin, in the imperial, anglicizing post-Boer War years, encouraged devout, respectable wifehood on the mine compounds, contributing to the corporate solidarity of praying mothers as a deeply entrenched feature of most black churches. Dora Earthy interacted in a warmer, more egalitarian way with black churchwomen. Her transfer to Mozambique led not only to evangelistic building on African cultural traditions and pioneering anthropological research but also to the protection and validation of Christian widows' autonomy against coerced remarriage.Frances Chilton and Dorothy Maud, despite sharply contrasting class origins, struggled to connect with more assertive networks of married women in the segregationist 1920s and 1930s, devoting their energies rather to guiding and enhancing African girlhood and youth. Hannah Stanton, in the more politically fraught 1950s, recognized the necessary independence of African actors and the limitations of outdated white liberal advocacy. Her training of African women promised new theological and organizational maturity, a potential collegiality, cut short by her detention in the 1960 State of Emergency and subsequent expulsion.The historical sweep of this survey suggests which personal and political conjunctures opened up or closed down meaningful interaction between colonized and colonizing women. It also offers a more positive evaluation of the intersection of race and religion as not invariably a ‘fatal combination’. The politics of the personal in women's joint educational, mission and social welfare ventures across the racial divide helped keep alive the idea of a single society and thus aided the surprisingly peaceful transition to democracy in South Africa in 1994.