从社会性别视角谈性骚扰的民事司法救济

随着中国法治建设的深入和公民法律意识的增强,性骚扰受害人寻求民事司法救济的情况不断增多。笔者从社会性别的视角,挖掘了性骚扰产生的根本原因,探讨了对性骚扰受害人进行民事司法救济的具体措施,分析了性骚扰民事司法救济中的难点,并提出了解决这些难题的相应对策。     

女性视角下的大众传媒——西方女性主义媒介批判综述

女性主义作为一种学术思潮和重要的研究派别,以它独特的性别视角和文化哲学,对西方学界产生了不可忽视的影响。女性主义在传播领域对性别歧视的批判、对传媒手段和媒介内容表现出的女性价值的研究,业已形成了该学科的中心日程。女性主义指出,大众传媒在社会性别角色观念和女性发展中扮演着重要角色,媒介充当了一个重要的性别偏见传播器。西方女性主义各主要学派均认定,女性价值并非天生,而正是自人类有史以来通过权力话语在社会建构起来的。她们追究了性别歧视的文化根源,并指出媒介对“权力——支配”的传统价值观是通过“话语”来建构和阐释的。女性主义旨在通过打破传播领域内的偏见和歧视,减少大众媒介对传统性别歧视的建构与影响,以促进社会的性别平等。     

Sexual Abuse as the Core Transgression of Childhood Innocence: Unintended Consequences for Care Leavers

ABSTRACT

The decision of the Gillard government to establish a royal commission in 2012 was acclaimed by care leavers. However, they were soon disillusioned: it was not the royal commission for which they had long struggled. Its terms of reference were too broad, encompassing a range of institutions never before the subject of official inquiries, yet also too narrowly focused on sexual abuse. Care leavers who suffered other forms of abuse were excluded. This paper argues that, while care leaver advocacy contributed to the decision to establish a royal commission, the agenda was a product of other pressures fuelled by state-based inquiries about cover-ups of sexual abuse of children, particularly by clergy. Sexual abuse could no longer be regarded as a sin to be handled in-house by institutions but a crime for which the state carried superordinate responsibility. The government had to intervene to address society’s “ultimate collective shame”. The Royal Commission into Institutional Responses to Child Sexual Abuse has made a massive contribution to our understanding of child sexual abuse and to reforms in child protection policy and practice. But its mandate created unintended consequences, and questions remain about the unmet needs of care leavers who suffered other forms of abuse.     

“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

“Children in a Terrible State”: Understandings of Trauma and Child Sexual Assault in 1970s and 1980s Australia*

ABSTRACT

The Royal Commission into Institutional Responses to Child Sexual Abuse has shown us the multitude of ways that children were vulnerable to sexual violence. This article explores child sexual abuse outside of institutions, and the development of concepts of trauma in Australia in the 1970s and 1980s. From the mid-1970s, there was increased social, medical and legal focus on child abuse. Driven originally by feminists, there was a new interest in the psychological impacts of abuse, including analysis of the grief, despair, fear and anger experienced by survivors. The explosion of interest in child sexual abuse was mainstreamed in the Royal Commission into Human Relationships (1974–1978) and in discussion leading up to the United Nations Convention of the Rights of the Child (1989). Across the 1980s, public recognition grew concerning the dangers of sexual violence against children, and, in particular, the increased knowledge and interest in intra-familial assaults. This article will chart the dramatic shifts in public consciousness around sexual abuse, particularly around ideas of harm and trauma. It will also suggest that despite a substantial change in cultural views on sexual assault, improvements for child victims were slow to filter through to the criminal justice system.     

“Soul Murder”: Investigating Spiritual Trauma at the Royal Commission

ABSTRACT

During its five-year tenure, the Royal Commission into Institutional Responses to Child Sexual Abuse established that faith organisations, with inadequate practices of organisational transparency and accountability, hierarchical structures of power, and patriarchal cultures, have poor track records in child protection and high levels of child abuse. Evidence from the Royal Commission hearings identified spiritual trauma as an outcome of child sexual abuse across several religious organisations including the Catholic Church, the Anglican Church, the Salvation Army, the Yeshiva Jewish School in Melbourne and Sydney and the Satyananda Ashram in NSW. The Catholic Church had the highest levels of institutional child sexual assault and was the site of most of the narratives of spiritual suffering. This article examines existing research on spiritual trauma with regard to child sexual abuse, applies a five-point classification model developed by Kenneth Pargament and colleagues for identifying and analysing spiritual damage, and examines the evidence from both survivors and expert witnesses that was heard during relevant public hearings involving the Catholic Church at the Royal Commission. Institutional responses to spiritual injury will be considered and it will be argued that the Catholic Church is a distinctive institution that has produced a powerful culture of spiritual identity and belonging, where the impact of child sexual abuse has resulted in a loss of faith for many survivors, families and communities.     

Foreign policy without the policy? South Africa and activism on sexual orientation at the United Nations

Although South Africa led the UN to adopt its first resolution on sexual orientation in 2011, in recent years, South Africa has made various sharp foreign policy reversals on issues related to sexual orientation and human rights. This article discusses five such policymaking episodes over the period 2010–2016 and considers the wider implications of South Africa's flip-flopping. For one, South Africa's recent behaviour on international sexual orientation issues suggests that the foreign policymaking environment in South Africa is weak, unstructured and porous. Moreover, the sexual orientation issue exposes the limited scope South Africa has to act as a representative of Africa, as a leader in the developing world and as a bridge-building middle power.     

The highs and lows of working with sexual offenders: A New Zealand perspective

Abstract

The positive effects on clinicians responsible for the treatment of sexual offenders are little understood. The few available studies have focused upon the negative sequelae of this work. The current study of clinicians working therapeutically with sexual offenders at a community-based organization aimed for a more balanced picture of the effects of sex offender treatment provision. Using qualitative methods, both negative and positive aspects of this work emerged within three main themes: taking an optimistic perspective, working for community outcomes and supportive agency culture. Although the study revealed many challenges for therapists, these were found to be counterbalanced against rewards, affording a high degree of personal and professional fulfilment from working within this field.     

从一起案例看人身损害案件中医院的安全保障义务

在发生在医院的杀人伤害案件中,医院作为安全义务保障人,其合理的安全义务保障限度应为事先提醒义务和事后救助、报警等,防止或制止犯罪不是医院的法定义务.医院赔偿责任限于补充赔偿责任而非连带赔偿责任.     

女性成为强奸罪主体的必要性研究

传统理论和司法实务认为强奸罪的主体只能是男性,女性只可以成为强奸罪的教唆犯、帮助犯和共犯,但是在现实生活中女性单独成为强奸主体的状况一直存在。本文从几个方面论述女性可以独立成为强奸罪的主体,这样有助于对犯罪分子公平的惩戒,对全体公民的保护,促进男女平等的进程。