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.     

对性骚扰的法律思考

性骚扰在我国正在成为一个越来越引人关注的问题,是媒体关注的焦点,也是司法诉讼的难点。对性骚扰应进行合理的界定,针对我国性骚扰立法的现状,分析其存在的不足之处,提出完善性骚扰立法的具体建议。用立法的方式来规制性骚扰,是应对性骚扰的现实选择,也是构建和谐社会、文明社会的基本要求。     

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.     

论民事行政检察监督的现状及立法完善

检察机关是国家法律监督机关,但在整个检察机关的诉讼法律监督体系中,民事行政检察监督是较薄弱的一环,其最根本原因在于现行法律有关民行检察监督的规定过于简单、原则、笼统,没有程序上的系统性。因此,强化民行检察监督,使民行检察制度真正体现其价值,就必须从立法上完善法律监督程序,使民行检察监督有法可依。     

我国司法鉴定立法现状及展望

随着社会的发展和科技的进步,诉讼中遇到的专业性疑难问题越来越多,司法鉴定的重要性也日益受到人们的重视。由于我国目前缺少统一的司法鉴定立法,相关制度构建不够完善,以至于司法鉴定实践中法律规范缺位,秩序混乱,问题颇多,制约了司法鉴定活动的开展,也在不同层面上造成了不良的社会影响。本文着重对我国司法鉴定立法现状和立法变迁予以解读,深入剖析司法鉴定的现实困境,主张在立足现实的基础上寻求破解之道,从理论、实践、宏观、微观的多重角度对我国司法鉴定统一立法的可行性进行系统探讨,并在强调关注司法鉴定统一立法若干要素的基础上对我国未来的《司法鉴定法》予以展望。