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In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence.  相似文献   

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The sexual assault of persons with mental disabilities (also described as cognitive, intellectual and developmental disabilities) occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power underlie most sexual assaults of women with mental disabilities. We argue that existing Criminal Code provisions in Canada are inadequate to address this type of exploitation because courts have consistently failed to recognize that such abuses of power and trust are fundamentally inconsistent with any notion of voluntary consent.  相似文献   

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Abstract

This study aims to advance understanding of social workers’ perceptions of the circumstances necessitating and preventing the placement of children with disabilities (CwDs) in institutions. This retrospective study involved thematic analyses of one focus group (n?=?7) and semi-structured individual interviews (n?=?12). Participants included social work professionals with experience providing welfare services for CwDs and their families. In effort to prevent separation of CwDs from their families, results suggest a need for continued monitoring of deinstitutionalization of CwDs alongside increased availability, accessibility, and quality of childcare, alternative child welfare and family support services.  相似文献   

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Following the “Encountering Human Rights” conference in January 2007, Emily Grabham interviewed Tania Pouwhare, a women’s rights activist working at the Women’s Resource Centre in London. Their discussion engaged with the professionalisation of activism, funding constraints and New Labour policies and their impact on immigrant women. Against a background of financial insecurity and huge demand for their services, many women’s organisations in the United Kingdom struggle to use human rights law to advance women’s rights. Nevertheless, the rhetoric of human rights remains powerful within women’s activism, and law remains relevant as a potential form of ‘direct action’ and “another way of making a really big fuss”.  相似文献   

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This article had several purposes. First, I wanted to highlight the work of Esther Bubley, an American photographer whose documentary work for the Farm Security Administration and the Office of War Information in the early 1940s is largely unknown. Second, I wanted to show how her images complicated and undermined the traditional themes of Depression era photography in the United States. Third, by looking at her images of women, my intention was to reveal how she worked against depictions of femininity during the Depression, and in confrontation with one-dimensional portrayals of women as America entered the Second World War. In conclusion, I contend that Bubley's images were fundamentally portrayals of working-class femininity represented as being an individual - rather than a symbolic - experience. Most specifically in the images I have examined, Bubley deconstructs an ideological image of female working-class identity which was central to documentary photography in 1930s America. For example, unlike in photographs by Dorothea Lange, Bubley did not portray working-class women as metaphoric sites of passive endurance which would eventually lead to the rejuvenation of American nationalism. Rather, she showed working-class women to be potentially subversive in the ways they defined themselves against the legacy of 1930s photography and in opposition to the ideological impositions of wartime propaganda. As a result, Bubley's images of working-class women waiting in bars for lonely soldiers, or looking for a future beyond the confines of their boarding house existences while remaining outside the middle-class boundaries defined by capitalist consumerism, set out a pictorial foundation for working-class female identity which exists beyond the context in which the photographs were taken. Consequently, Bubley's work highlights individual self-identity, personal empowerment and self-conscious desire in working-class women which was - and still is - confined and repressed by economic disadvantage and systematic marginalization from an American society defined from a middle-class point of view.  相似文献   

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This paper explores the visual construction and representation of co-accused women offenders in court drawings. It utilises three case studies of female co-defendants who appeared in the England and Wales court system between 2003 and 2013. In doing so this paper falls into three parts. The first part considers the emergence of the sub-discipline, visual criminology and examines what is known about the visual representation of female offenders. The second part presents the findings of an empirical investigation, which involved engaging in a critical, reflexive visual analysis of a selection of court drawings of three female co-offenders. The third part discusses the ways in which the court artists' interpretation, the conventions of court sketching, and motifs of female offenders as secondary actors, drew on existing myths and prejudices by representing the women as listening, remorseless ‘others’.  相似文献   

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