The Direction of Violence Against Women Research and Evaluation

Although researchers have made numerous advances in the understanding of the nature, extent, and dynamics of violence against women (VAW), there is an ever-increasing need for data used in academic research and within policy decision-making to be collected via rigorous methodological designs to accurately measure the incidence and impact of VAW. What is now needed are research collaborations within an interdisciplinary research cluster that will expand understanding of the complex nature of VAW. The current article details an agenda or “call to action” to address deficiencies and advance VAW research, in addition to informing VAW intervention and prevention efforts.     

Impact of the Mass Media in Changing Attitudes Towards Violence Against Women in Bangladesh: Findings from a National Survey

To date, there have been no nationally representative studies examining the influence of media on norms regarding violence against women (VAW) among the general population. Data for this study came from the 2011 Bangladesh Demographic and Health Surveys that completed 17,842 interviews with ever-married women. Results of logistic regressions showed that among the three media outlets (TV, radio, and newspaper), only TV had a very small significant effect on women’s attitudes towards VAW (r = .031; p < .01). Community gender norms mediate the effect of television on women’s support of gender equitable norms. Being younger, non-Muslims, educated, living in wealthy households, and having greater autonomy, were significantly associated with greater support for gender equitable norms. Since media did not have substantial influence on gender norms related to VAW, our findings implied that efforts to promote gender norms change in society need to consider other strategies.     

European Standards for the Rule of Law and Independent Courts

Independent adjudication as a cornerstone of the rule of law has attracted increasing attention at the European level over the past decades. Despite its general recognition in various international legal instruments there is, however, an ongoing search for its concrete meaning. Recent documents adopted under the auspices of the Council of Europe (CoE) have tried to specify standards for the organization of judicial administration. Unfortunately, however, some of these documents exhibit flaws and misconceptions in the conceptualization of judicial independence. This article identifies these imperfections and argues that future standardsetting on judicial independence in Europe should direct more attention to comparative constitutional analysis and to experience gained in the course of judicial reforms in the Council of Europe's member states. It advocates a less rigid approach to structural issues and concludes with recommendations for future Council of Europe initiatives.     

Faith‐Based Programs for Reentry Courts: A Summary of Issues and Recommendations

In 2002, the Bush Administration directed the Department of Justice to include faith‐based organizations in its distribution of funds earmarked for programs targeting the prevention and treatment of juvenile delinquency and substance abuse. Among the initiatives most likely to be affected by this new policy are reentry court programs that endeavor to reintegrate juvenile delinquents into their communities by placing them within local neighborhood‐based programs. However, reentry court personnel and leaders of faith‐based organizations are likely to encounter numerous challenges as they try to establish appropriate programming. In this article, we discuss the current understanding of First Amendment jurisprudence governing the federal funding of faith‐based organizations and summarize key issues identified by a National Council of Juvenile and Family Court Judges' workgroup on faith‐based programming that are necessary for including faith‐based organizations within a reentry court's continuum of care. We also discuss several concerns that reentry court personnel and faith‐based organizations should consider as they seek to maximize the impact of their programs.     

A 'European' Conception of Legal Consciousness: Rediscovering Eugen Ehrlich

This paper discusses the present ‘legal consciousness’ literature and seeks to identify two different conceptions of legal consciousness. Most of this literature originated in the United States, but there has also been a growing interest in issues of legal consciousness in Europe. The use of the term ‘legal consciousness ’ in these European discussions is, however, remarkably different from its use in the United States literature. It is argued that the most commonly used ‘American ’ conception of legal consciousness reflects important ideas of Roscoe Pound and asks: how do people experience (official) law? By contrast, a European conception of legal consciousness, which was first introduced by the Austrian legal theorist Eugen Ehrlich, focuses on: what do people experience as ‘law ’? After both perspectives are applied in a case‐study of a run‐down neighbourhood in the Netherlands, it is concluded that future studies of legal consciousness may benefit from an integration of the two conceptions.     

Police Powers and Accountability in a Democratic Society: Introductory Report

This article by general rapporteur Joachim Kersten introduces the reports which were presented at the Twelfth Criminological Colloquium, organised by the Council of Europe in Strasbourg, from 24-26 November 1999. Europe is undergoing a phase of rapid change. This affects the conditions of policing in each country and on the European continent as a whole. It is actually the legal, political and cultural context of policing that is undergoing rapid change. This colloquium and earlier ones carried out by the Council of Europe served a crucial purpose: they are an assessment in the European context of what is happening in relation to the police, police ethics and human rights in democratic societies.     

Domestic Violence Against Women: Systematic Review of Prevalence Studies

To systematically review the worldwide evidence on the prevalence of domestic violence against women, to evaluate the quality of studies, and to account for variation in prevalence between studies, using consistent definitions and explicit, rigorous methods. Systematic review of prevalence studies on domestic violence against women. Literature searches of 6 databases were undertaken for the period 1995 to 2006. Medline, Embase, Cinahl, ASSIA, ISI, and International Bibliography of the Social Sciences were searched, supplemented by hand searching of the reference lists from studies retrieved and specialized interdisciplinary journals on violence. A total of 134 studies in English on the prevalence of domestic violence against women, including women aged 18 to 65 years, but excluding women with specific disabilities or diseases, containing primary, empirical research data, were included in the systematic review. Studies were scored on eight pre-determined criteria and stratified according to the total quality score. The majority of the sudies were conducted in North America (41%), followed by Europe (20%). 56% of studies were population-based, and 17% were carried out either in primary or community health care settings. There was considerable heterogeneity both between and within geographical locations, health care settings, and study quality The prevalence of lifetime domestic violence varies from 1.9% in Washington, US, to 70% in Hispanic Latinas in Southeast US. Only 12% scored a maximum of 8 on our quality criteria, with 27% studies scored 7, and 17% scored 6. The mean lifetime prevalence of all types of violence was found to be highest in studies conducted in psychiatric and obstetric/gynecology clinics. Results of this review emphasize that violence against women has reached epidemic proportions in many societies. Accurate measurement of the prevalence of domestic violence remains problematic and further culturally sensitive research is required to develop more effective preventive policies and programs.     

Constitutional Violence

The eighteenth-century is usually looked to as the theoretical source for modern concepts of constitutionality, those political and legal forms that limit conflict. And yet the eighteenth century was also a period of almost constant war, within Europe and in the new global spaces of colonial rule. Though it is well known that new concepts of international law emerged in this period, surprisingly few commentators have established what connections there are between the violence of war and the elaboration of new ideas about constitutional limit. I will show that war played a crucial role in the Enlightenment invention of a modern existential concept of the political, where the violence of constitution was understood to be foundational.     

Law, Politics, and Violence Against Women: A Case Study of Palestinians in Israel

Major controversies regarding the value of legal and policy reforms have accompanied research on wife battering and social reactions to it. The present study examines the utility of law enforcement and emphasizes the relationship between gender, culture, and politics. It points to the difficulties arising from the shift from private, traditional methods of dealing with violence against women to a more public approach characterized by intervention of the state and the criminal justice system. In this connection, it was hypothesized that enforcement of the Israeli Law Against Family Violence among the oppressed and discriminated Palestinian minority generates new conflicts within the group, exacerbating control and abuse and re-victimizing women. Social control agents (formal and informal) who were interviewed about their perceptions and attitudes regarding the applicability of such a law pointed to obstacles created by sociocultural variables, the political legacy and procedural barriers. An attempt is made to show that application of the law without prior preparation and understanding of its sociocultural and political ramifications may produce adverse effects at the victim's expense. That is, unless power struggles, cultural pressures, and political priorities are taken into consideration, criminal strategies that seek to eliminate abuse may prove to be dangerous.     

The Division of Labour in Legislative Decision-Making of the Council of the European Union

Little systematic empirical research exists about legislative decision-making in the Council of the European Union. This study contributes to closing this gap in the literature by examining which groups of actors within the Council decide on what type of issues. The Council structure is made up of a hierarchy consisting of working parties at the bottom, committees of senior officials in the middle and the ministers at the top. Based on a novel data set of legislative decisions made by the Council, the study examines the relative importance of these different Council levels. Two important findings emerge from the analysis: first, ministers are more involved in legislative decision-making than often assumed in the literature; second, the involvement of higher Council levels increases with features of dossiers that are related to political conflict. Although the results reduces worries about a lack of political accountability of Council decision-making, they cannot dispel these concerns completely.     

Attitudes Toward Intimate Partner Violence Against Women in Moscow,Russia

This study examines attitudes towards violence against women among the populace in Moscow, Russia using data drawn from the Moscow Health Survey. Information was obtained from 1,190 subjects (510 men and 680 women) about their perceptions of whether violence against women was a serious problem in contemporary Russia, and under what circumstances they thought it was justifiable for a husband to hit his wife. Less than half the respondents thought violence was a serious problem, while for a small number of interviewees there were several scenarios where violence was regarded as being permissible against a wife. Being young, divorced or widowed, having financial difficulties, and regularly consuming alcohol were associated with attitudes more supportive of violence amongst men; having a low educational level underpinned supportive attitudes among both men and women. Results are discussed in terms of the public reemergence of patriarchal attitudes in Russia in the post-Soviet period.     

Intimate Partner Violence Against Married Women in Uganda

This study utilized data from the 2006 Uganda Demographic and Health Survey to examine correlates of the lifetime experience of intimate partner violence (IPV) against married women in Uganda. Guided by an integrated theoretical framework that synthesizes resource and gender theories, five hypotheses are developed and tested concerning three major forms of IPV: (a) physical violence, (b) emotional or psychological violence, and (c) sexual violence. Results from multivariate statistical analyses indicate that although both the resource and gender factors are significant predictors of the lifetime experience of IPV among married Ugandan women, the gender factors appear to be more systematic and robust than the resource factors in predicting IPV in Uganda. Theoretical and policy implications are discussed.     

Violence Against Women in Jordan

This study aimed to describe the social and cultural etiology of violence against women in Jordan. A sample of houses was randomly selected from all 12 Governorates in Jordan, resulting in a final sample of 1,854 randomly selected women. ANOVA analysis showed significant differences in violence against women as a result of women’s education, F?=?4.045, α?=?0.003, women who work, F?=?3.821, α?=?0.001, espouser to violence F?=?17.896, α?=?0.000, experiencing violence during childhood F?=?12.124, α?=?0.000, and wife’s propensity to leave the marital relationship F?=?12.124, α?=?0.000. However, no differences were found in violence against women because of the husband’s education, husband’s work, or having friends who belief in physical punishment of kids. Findings showed women experienced 45?% or witnessed 55?% violence during their childhood. Almost all 98?% of the sample was subjected to at least one type of violence. Twenty-eight percent of the sample believed a husband has the right to control a woman’s behavior and 93?% believed a wife is obliged to obey a husband. After each abusive incidence, women felt insecure, ashamed, frightened, captive and stigmatized.     

Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

The European Biotech Directive: Past as Prologue

The directive on the legal protection of biotechnological inventions (the ‘Biotech Directive’) represents the end of a decade‐long dialogue on how best to encourage biotechnology innovation in Europe while addressing ethical concerns. The Biotech Directive represents an interesting compromise between Parliament, Commission, and Council based on divergent policy concerns, treaty limitations, and international trade rules. In this article, the authors explore the meaning and implication of the Biotech Directive by examining its contentious history, its provisions, and its jurisdictional foundations. Drawing on this base, the authors examine questions left unanswered by the Biotech Directive and analyse how the Biotech Directive fits in with existing international law.     

Legal Protection Against Domestic Violence in India: Scope and Limitations

This paper deals with the scope and limits of legal measures to curb domestic violence against women in India. The Indian state has enacted several laws in the past to address the issue and recently a new comprehensive law is added to the list. The new law has become an alternative to many urban victims. Yet, a review of the performance of the old and new laws on domestic violence proves that legal measures to curb domestic violence have serious limitations. They could neither guarantee any reduction in the extent of such violence, nor could they expedite the justice delivery system in India. Much remains to be done to ensure gender justice in a patriarchal society. Discussion here is based on secondary data and supplemented by field data collected through qualitative research informed by feminist epistemology in the district of Burdwan, West Bengal.     

Data protection law beyond identifiability? Atmospheric profiles,nudging and the Stratumseind Living Lab

The deployment of pervasive information and communication technologies (ICTs) within smart city initiatives transforms cities into extraordinary apparatuses of data capture. ICTs such as smart cameras, sound sensors and lighting technology are trying to infer and affect persons’ interests, preferences, emotional states, and behaviour. It should be no surprise then that contemporary legal and policy debates on privacy in smart cities are dominated by a debate focused on data and, therefore, on data protection law. In other words, data protection law is the go-to legal framework to regulate data processing activities within smart cities and similar initiatives. While this may seem obvious, a number of important hurdles might prevent data protection law to be (successfully) applied to such initiatives. In this contribution, we examine one such hurdle: whether the data processed in the context of smart cities actually qualifies as personal data, thus falling within the scope of data protection law. This question is explored not only through a theoretical discussion but also by taking an illustrative example of a smart city-type initiative – the Stratumseind 2.0 project and its living lab in the Netherlands (the Stratumseind Living Lab; SLL). Our analysis shows that the requirement of ‘identifiability’ might be difficult to satisfy in the SLL and similar initiatives. This is so for two main reasons. First, a large amount of the data at stake do not qualify as personal data, at least at first blush. Most of it relates to the environment, such as, data about the weather, air quality, sound and crowding levels, rather than to identified or even likely identifiable individuals. This is connected to the second reason, according to which, the aim of many smart city initiatives (including the SLL) is not to identify and target specific individuals but to manage or nudge them as a multiplicity – a combination of the environment, persons and all of their interactions. This is done by trying to affect the ‘atmosphere’ on the street. We thus argue that a novel type of profiling operations is at stake; rather than relying on individual or group profiling, the SLL and similar initiatives rely upon what we have called ‘atmospheric profiling’. We conclude that it remains highly uncertain, whether smart city initiatives like the SLL actually process personal data. Yet, they still pose risks for a wide variety of rights and freedoms, which data protection law is meant to protect, and a need for regulation remains.     

Gendering the Legal Complex: Women in Sri Lanka's Legal Profession

Drawing upon feminist standpoint theory and interviews with pioneering women lawyers in Sri Lanka, I argue for a focus on women as a distinct category in ‘legal complex theory’. I consider the following questions in making this claim. What were the internal structures of the legal profession that the older generations of women lawyers encountered as they entered the profession and as they took up positions of leadership? In what ways, if at all, was the ‘culture(s)’ within the profession patriarchal? In what ways, if any, did the entry and advancement of women impact these internal structures of the profession and its culture(s)? And what can we learn from these experiences in predicting the future trajectory of the legal profession? The analytical expansion that I propose reveals gender-based dynamics within the legal complex, such as gender-stereotyped perceptions about women lawyers within the profession, the ‘feminization’ of the profession, and ‘gender segmentation’ within its different spheres.     

Constructing Women Who Experience Male Violence: Criminal Legal Discourse and Individual Experiences

This article examines the relationship between how women who experience violence from a male partner construct themselves, and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame. Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’ characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves. The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity. This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations. The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the subject.