Archive for the ‘Legal Police’ Category
Marisela Escobedo Ortiz, women’s human rights defender of Ciudad Juarez, was murdered while peacefully demanding the compliance of the sentence against the assassin of her daughter, Rubi Marisol Frayre Escobedo.
AWID joins hundreds of women’s organizations in denouncing the killing of women human rights defender Marisela Escobedo Ortiz and demanding justice and accountability from the Mexican Government for this act of violence, as well as uncountable others passed unnoticed und unpunished in the face of law.
“On 16 December 2010, a group of men arrived at the main square in the Chihuahua city, and approached Marisela Escobedo Ortiz, who was holding a peaceful demonstration for 8 days to demand that the authorities take action to detain her daughter Rubi’s assassin. She ran seeking refuge in the Government Palace; at its doors, one of the men shot her in the head, killing her.
The cause of this murder is the culture of discrimination and violence against women that the Mexican State has maintained in Ciudad Juarez and in Chihuahua over the past two decades. In the past 27 months, Marisela’s main activity was to demand justice for her daughter’s murder, denouncing the authorities as accomplices and negligent of femicide, and demanding that the justice system effectively guarantee women’s right to a life free of violence.
On 28 August 2008, faced with her daughter Rubi’s murder, Marisela began the process to denounce the murder and to demand that the authorities act in accordance with the law, as there were clear suspicions about the identity of the assassin.
Rubi Marisol, 19 years of age, was killed in Ciudad Juarez by her partner, Sergio Rafael Barraza, with whom she had a daughter. Barraza Bocanegra was abussive from the beginning of the relationship, increasing the violence until he killed her, burned her body and threw her in a clandestine trash dump and pig cemetery. He then fled to the state of Zacatecas, trusting that after some time his crime would remain unpunished, as are hundreds of other murders of women in Ciudad Juarez. His crime was not investigated, he was later absolved in the courts, and finally, since he had fled, was found guilty in appeals.
Given the grave irregularities and omissions on the part of the authorities involved in the ministerial investigations, Marisela had the tenacity to look for proof about the events, always within the limits of the law. Sergio Rafael Barraza, personally and in her presence, identified the exact place where he had dumped his victim, confessed to his crime, and asked for forgiveness in a hearing during the oral trial that took place. However, on 29 April 2010, the judges Catalina Ochoa Contreras, Netzahualcoyotl Zuñiga Vazquez and Rafael Baudib Jurado decided to acquit him.
The event shocked Ciudad Juarez and Chihuahua. The victims’ families and the local organizations, alongside national and international spaces and organizations, have acted since 1993 to document femicide, denouncing the negligence and complicity of the authorities, constantly presenting proposals and actions for the State institutions to act in accordance with their obligations with the citizens. Just a few months earlier, there was an important accomplishment towards this aim. In December 2009, the Inter-American Human Rights Court condemned Mexico for the disappearances, sexual violence, and murders of women in Ciudad Juarez. The Mexican State had argued in the Inter-American trial that the new justice system in Chihuahua did not repeat the impunity of prior decades. The assassination of Rubi and the impunity despite the weight of the evidence, demonstrates that the situation in Ciudad Juarez and Chihuahua was worse than in any previous year.
During 2010, every 24 hours a woman has been killed in the state of Chihuahua for reasons primarily to do with the fact that she is a woman. An unprecedented fact is that the vast majority of the cases are in total impunity.
The Inter-American Court also recognized that there is systematic harassment and aggression against families and defenders who demand justice for these cases, and it condemned Mexico for not guaranteeing their protection, allowing crimes to go unpunished and not compensating for damages.
Marisela Escobedo Ortiz always sought justice in a peaceful manner. She used her own resources, economic and human, to conduct the work that the authorities did not do. She conducted all of the investigations to learn the truth and to find her daughter’s murderer. She walked from Ciudad Juarez to Chihuahua to demand that the state Governor, at that time Jose Reyes Baeza, order the necessary actions to detain the assassin. After Sergio Rafael Barraza was acquitted, she initiated the appeal and managed to get the assassin condemned. However, since he was not held in custody, he fled again and began to threaten Marisela. In July of this year, she moved to the Alameda Central in Mexico City to demand that President Felipe de Jesus Calderon Hinojosa, seek out and arrest the murderer. In September she went to the National Feminist Gathering held in Zacatecas to call on the authorities to search for Barraza, because there were indications that he was in that state. In November of this year, she testified before the International Mission for Women’s Access to Justice.
She always affirmed that as long as Rubi’s assassin, and all assassins of women, remain free, they would continue to commit these crimes. Her consciousness of the need to take measures to ensure that these acts would not repeat themselves led to the creation of an Investigation Commission for Rubi’s case in the state of Chihuahua, with the goal of identifying the errors committed in the process and take action within the justice system to ensure that this impunity not be repeated. However, all of this was paralyzed during the change in state and municipal governments. On 16 December, Marisela was protesting because the new governor, Cesar Duare Jaquez, had not taken any action regarding her daughter – and other women who were disappeared and murdered – but he had mobilized the entire justice apparatus in support of the families of high-level State officials.
The organizations signing this statement will give continuity to Marisela’s voice and demands:
- * In her memory, we say no more simulation by the authorities.
* We demand an end to femicide and impunity.
* We demand compliance with all provisions of the “Campo Algodonero” Judgment, in which the Inter-American Court specifies actions to prevent, investigate and punish appropriately the disappearances, sexual violence and killings against women, and to investigate and punish those who harass and attack the families and organizations who seek justice for those acts.
* Following the Inter-American Court, we demand guarantees for the integrity and security of all the families of victims of disappearances, sexual violence and killings of women, meaning, of femicide. This involves providing comprehensive care, researching the facts and proper compensation for damages, in an urgent manner for the Frayre Escobar family.
* Given the very serious increase in violence against women human rights defenders, we hold the Mexican government responsible for any act against them, because so far the State has not investigated or taken action to ensure their basic life and integrity. This includes the police forces of the three spheres of government – federal, state and municipal – that have occupied Ciudad Juárez and Chihuahua since 2008, without this resulting in improved safety for women.
* We denounce that the current debate to approve the Chihuahua state budget resources has not incorporated resources to implement the state law for the right of women to a life free of violence, or to comply with the Campo Algodonero Judgment.
Marisela Escobedo Ortiz was a human rights defender who, after her daughter’s murder, mobilized people and organizations, institutions and powers to put a stop to femicide, always by strengthening the institutions of justice, citizen action, and democracy. Her assassination reveals the criminal lack of protection that the Mexican State maintains against defenders and its lack of effective will to guarantee women a life free of violence.
Sudanese police arrested dozens of women protesting last month against laws they say humiliate women after a video of a woman being flogged in public appeared on the Internet.
Floggings carried out under Islamic are almost a daily punishment in Sudan for crimes ranging from drinking alcohol to adultery.
But vague laws on women’s dress and behaviour are implemented inconsistently. One case sparked international furore when Lubna Hussein, a Sudanese U.N. official, invited journalists to her public flogging for wearing trousers.
The video, which was removed by YouTube, showed a crying Sudanese woman being lashed by two policemen in front of onlookers in a public place. She was made to kneel and the police laughed during the punishment.
“Humiliating your women is humiliating all your people,” the women shouted as they were being arrested on Tuesday.
Around 50 women sat down outside the justice ministry holding banners and surrounded by riot police telling them to move.
Three plain-clothed security men threw the BBC correspondent to the ground, confiscating his equipment.
All the women were arrested and taken to a nearby police station. Their lawyers were prevented from entering, but senior opposition politicians were allowed to go inside.
The women said they had tried to get permission for the protest but had been refused. The police declined to comment.
“The authorities here take the law into their own hands. No one knows what happens inside these police stations,” said one of their lawyers, Mona el-Tijani. “This video was just one example of what happens all the time.”
Sudan’s justice ministry said it would investigate whether the punishment was administered properly.
It was not clear what offence the woman being lashed had committed. Officials from the ruling National Congress Party offered conflicting explanations in the local press.
Women in south Sudan have been targeted in a string of abusive attacks by police cracking down on Western clothes. Many of the attacks over the Christmas period were by newly graduated members of southern Sudan’s police force.
Thousands of new cadets have finished police training courses backed by the United Nations, coinciding with the first reports of abuse in the southern capital, Juba, often directed at women wearing shorts and miniskirts.
The north eastern African country held a referendum on January 9 over whether its mostly Christian south should become independent from the Muslim north which is ruled by the strict Islamic sharia law.
But foreign women have also been targeted by police. On Wednesday, an non-uniformed man ordered a German woman to go home because she was wearing a dress that he decided was too revealing. He said: “If I see you like that pass here again, I will take you,” she told the International Herald Tribune newspaper.
Over the Christmas weekend, Joseph Lubega and his wife were out shopping when a uniformed police officer slapped his wife across the face, he said. The officer slapped her again. Then a third time.
“The reason, he said, was the blouse,” said Mr Lubega, a motorcycle driver from Uganda working in the southern Sudanese capital. “It had an open back.”
Talking about the attacks, Information Minister Benjamin Marial said: “In southern Sudan, you can dress in anything, everyone is free.” He said that the attacks were unjustified and that the officers involved have been set right. “This is not the policy of the government of southern Sudan, and we have taken the preliminary measures,” he said. “Sometimes police get out of control. These were individuals.”
A southern Sudanese army officer said that the police had been told to ‘counsel’ women on their dress, and that the officers had “mistaken the advice they were given.”
“Police have arrested women and girls for their dress on many occasions,” said Human Rights Watch researcher, Jehanne Henry. She added that in the past, police commissioners had authorized arrests of people with “bad behaviour,” which also included men wearing low-slung jeans and dreadlocks. “Police have a lot of work to do to educate and train officers in the applicable laws,” Ms Henry said.
January’s referendum was the climax of a 2005 peace deal that ended decades of fighting between north and south over religion, way of life and oil that killed two million people.
One year after the earthquake which killed 230,000 people and injured 300,000 on 11 January 2010, more than one million people still live in appalling conditions in tent cities in the capital Port-au-Prince and in the south of Haiti, where women are at serious risk of sexual attacks. Those responsible are predominately armed men who roam the camps after dark.
More than 250 cases of rape in several camps were reported in the first 150 days after January’s earthquake, according to Amnesty International’s 39-page report, Aftershocks: Women speak out against sexual violence in Haiti’s camps. (Download as a pdf file http://www.amnesty.org.uk/uploads/documents/doc_21131.pdf)
One year on, rape survivors continue to arrive at the office of a local women’s support group almost every other day.
Gerardo Ducos, Amnesty International Haiti researcher, said: “Women already struggling to come to terms with losing their loved ones, homes and livelihoods in the earthquake, now face the additional trauma of living under the constant threat of sexual attack. For the prevalence of sexual violence to end, the incoming government must ensure that the protection of women and girls in the camps is a priority. This has so far been largely ignored in the response to the wider humanitarian crisis.”
Sexual violence was widespread in Haiti before January 2010 but this has been exacerbated by the conditions since the earthquake, said Amnesty. The limited assistance the authorities previously provided has been undermined by the destruction of police stations and court houses. This has made it more difficult to report sexual violence.
Over 50 survivors of sexual violence shared their experiences with Amnesty International for the study.
One 14-year-old girl, Machou, lives in a makeshift camp for displaced people in Carrefour Feuilles, south-west Port-au-Prince. She was raped in March when she went to the toilet. She told Amnesty:
“A boy came in after me and opened the door. He gagged me with his hand and did what he wanted to do… He hit me. He punched me. I didn’t go to the police because I don’t know the boy, it wouldn’t help. I feel really sad all the time…I’m afraid it will happen again.”
One woman, Suzie, recounted how she was living in a makeshift shelter with her two sons and a friend when they were attacked around 1am on 8 May. Suzie and her friend were both blindfolded and raped in front of their children by a gang of men who forced their way into their shelter. Suzie told Amnesty:
“After they left I didn’t do anything. I didn’t have any reaction… Women victims of rape should go to hospital but I didn’t because I didn’t have any money… I don’t know where there is a clinic offering treatment for victims of violence.”
Suzie lost her parents, brothers and husband in the January earthquake. Her home was also destroyed.
Amnesty’s report highlights how the lack of security and policing in and around the camps is a major factor for the increase in attacks over the past year.
The response by police officers to survivors of rape is described as inadequate. Many survivors of rape have said that when they sought police help they were told officers could do nothing.
Gerardo Ducos added: “There has been a complete breakdown in Haiti’s already fragile law and order system since the earthquake with women living in insecure overcrowded camps. There is no security for the women and girls in the camps. They feel abandoned and vulnerable to being attacked. Armed gangs attack at will; safe in the knowledge that there is still little prospect that they will be brought to justice.”
Amnesty is calling for the new Haitian government to urgently take steps to end violence against women as part of a wider plan to address the humanitarian effort. Amnesty’s report insists that women in the camps must be fully involved in developing any such plan.
Immediate steps should include improving security in the camps and ensuring that police are able to respond effectively and that those responsible are prosecuted.
Women’s rights organizations expressed relief over the conviction of former president Moshe Katsav on rape and indecent assault charges.
When the details of the verdict became known, the Association of Rape Crisis Centers in Israel reacted to the verdict by saying it was a sad and difficult day for the country.
“It is a day on which the truth that convicted him and his true face came to light, after the four difficult years the victims have gone through, [after] the deficient conduct of the prosecution and the defamation campaign waged by Katsav and his attorneys against the victims,” they said.
Ronit Ehrenfreund-Cohen of the Women’s International Zionist Organization called the verdict a substantial advance on the victims’ behalf, saying the court had recognized that the testimony of the victims could lack coherence and could at times even be contradictory, “because that is an inseparable part of the pathology of victims of crime, but it is still the truth.”
“An additional painful point is that it now turns out there were many who knew what was happening for years and didn’t do or say a thing and even led to [Katsav’s] election as president not uttering a word. They have a lot of soul-searching to do,” said Ehrenfreund-Cohen, who directs WIZO’s division for the advancement of the status of women.
The Association of Rape Crisis Centers said the handling of the case against Katsav by the prosecution was problematic. It termed the conduct of then-Attorney General Menachem Mazuz in the case “flip-flopping” and said it was difficult for the victims.
The group said the case had trouble, “from the declaration that the president is a serial sex offender to a problematic plea bargain agreement that deprived the victims of their right to testify and [would have] prevented the presentation of evidence in court. They also ignored other prior testimony due to the statute of limitations … The Katsav case will remain forever as a festering wound for the public, etched into the collective memory as a story of abandonment and the failure of the Israeli legal system.”
Rape crisis centers reported a marked increase in the number of calls received by their emergency hotline yesterday. Keren Shahar, who directs the rape crisis center in Rehovot said among the women calling yesterday there were those that wondered how the verdict would affect their own cases. Some said it made them relive their own experiences.
Shahar said most of the callers said the verdict was a great relief, however.
The Rehovot center’s volunteer coordinator, Hava Pik, said there were others who deliberated over whether they wished to undergo what the victims experienced in the trial.
“There is great hope,” she added, “that the verdict will constitute a milestone and strengthen women who are deliberating over whether to file a complaint and that even instances of ‘just a kiss’ or ‘just a touch’ have received recognition as sexual harassment.”
Malta’s strict anti-abortion laws will not be affected by the recent judgment of Europe’s supreme court relating to abortion in Ireland, according to a Maltese judge who sat on the case.
The European Court of Human Rights last week found that a sick woman’s human rights were breached when she sought an abortion in Ireland but was forced to go to the UK instead.
However, Judge Giovanni Bonello, one of the judges deciding on this case, told The Times the judgment had “no relevance at all” to Malta.
Although Ireland, like Malta, has strict anti-abortion laws, its Constitution allows abortion if the pregnancy puts the woman’s life in danger. It is this exception which the Strasbourg court had to evaluate because the woman claimed she was unable to obtain proper medical advice to terminate her pregnancy.
“The violation consisted in Ireland denying the woman a personal right guaranteed by the Constitution of her own country,” Judge Bonello said.
The case concerned a woman who underwent chemotherapy treatment for cancer. The cancer was in remission when she got pregnant. Before realising she was pregnant, the woman had undergone some tests contraindicated during pregnancy.
She feared the tests would have harmed the foetus and the cancer would reappear if she carried the baby to term.
According to Judge Bonello, the Irish state had not put in place any legal and practical structures through which a woman could actually make use of a legally recognised right to abortion if her life was in danger.
On the contrary, in Malta, he added, the law criminalised all forms of abortion, even those intending to terminate a pregnancy that threatened the life of the mother.
“The Strasbourg court did not have to face this issue and said absolutely nothing about it. Nothing has changed in so far as Malta is concerned,” Judge Bonello said.
Human rights lawyer Therese Comodini Cachia believes the difference in legislation between Malta and Ireland will make it very difficult for either the pro-life movement or those who favour abortion to use this judgment for their cause.
This has not stopped pro-life lobby group Gift of Life renewing its call for the Constitution to be changed to ensure the right to life is protected “from conception” so as to make it very difficult for abortion to ever be made legal at some point in the future.
As expected, the Strasbourg court’s judgment on such a sensitive issue created a media sensation. However, Judge Bonello lamented what he described as a “radical misinterpretation and distortion” of the judgment.
“Nowhere does the judgment suggest that there is a right to abortion, much less that abortion is a fundamental human right,” he said.
The judgment concerned three women, two of whom desired to have an abortion in Ireland for reasons of “well-being” but could not have it performed in the country. The third concerned the sick woman.
Irish law does not allow abortions for reasons of “well-being” and the court dismissed the request of the first two applicants.
Judge Bonello said the court decided the issue of abortion was one which involved “grave moral, ethical and religious considerations” and as a result an international court should not interfere with domestic regulation.
However, Dr Comodini Cachia said the European court’s decision on abortion cases involving women who had to terminate their pregnancy for health reasons did raise pertinent questions about the fate of Maltese women who may find themselves in similar circumstances.
“The message seems to be that even if there is a risk to her life the woman will not be given any assistance or even advice related to termination of pregnancy. Essentially her life is at risk and that is it,” Dr Comodini Cachia said, dreading the prospect of being a doctor who is faced with a situation of having his hands tied by the draconian law.
“While the State is provided with a lot of discretion as to issues of morality and values, yet one may wonder whether that same State would be fulfilling its obligations in respecting the life of the woman and the family life of her partner and other children where there is clear evidence that a pregnancy would jeopardise her life and health,” Dr Comodini Cachia said.
This conundrum has not been resolved by the European court and yet even if a case ever makes it to Strasbourg the outcome is anything but a straightforward decision.
In Malta, abortion is a criminal act that punishes the woman and the doctor. There are no legal provisions that permit abortion if the woman’s life is in danger.
The criminal code states that anyone found guilty of inducing a miscarriage or consenting to an abortion faces a prison sentence of between 18 months and three years.
Doctors who perform an abortion or prescribe medicines to cause an abortion face a prison term of between 18 months and four years and perpetual interdiction from the profession.
Over the past couple of months Delhi, has been witnessing an average of one rape case almost everyday and experts have attributed the alarming trend to two major factors – a low conviction rate and lack of better and preventive policing.
Citing rape to be one of the fastest growing crimes in the county, they say it takes an enormous amount of time to bring to book the guilty.
According to police records, over 400 rape cases have been reported in the capital in the year 2010 alone.
“There is a problem in policing here. Police do not register crime freely and there is rarely adequate investigation done in cases of molestation,” says Kiran Bedi, India’s first woman IPS officer.
“People do not become rapists all of a sudden. Rapists have a history in molestation and other petty crimes. But since complaints against them are not registered by police early on, they go on to become bigger criminals and rapists,” she says.
The conviction rate in rape and molestation cases in India is a dismal 27 per cent. Long drawn trials and pressure on the families of victims are some of the major reasons for this. Police norms and behaviour are a deterrent to many rape victims who do not lodge any complaint against the crime at all.
Senior CPM politburo member Brinda Karat favours “time bound judicial process” to deal with rape cases.
“Conviction rate in rape cases and policing in general is poor in Delhi. It can be better. Also, we need more social awareness not only in Delhi but all over the country against crime against women,” she says.
The Delhi Women’s Commission has written a letter to the chief justice of India to set up fast track courts for rape cases.
“We have requested the CJI to deliver the verdict in a rape case within six months through fast track courts. It will be a deterrent for the criminals,” says its chief Barkha Singh.
The commission is also set to launch an awareness programme through its ‘MahilaPanchayats’ to raise awareness regarding crimes against women in the capital and ask people to help the victims of molestation and rape.
“We are also trying to get cars with tinted glasses banned in the city. Such vehicles are breeding grounds for crime while on the move,” adds Singh.
Last week, a teenage girl was abducted and gang raped in a moving vehicle after she protested their lewd remarks in the Sultanpuri area of northwest Delhi.
Days earlier, a BPO employee was abducted and raped by four men in south Delhi and a 22-year-old woman was abducted and raped by six men in northeast Delhi.
Psychiatrist Samir Parikh blames the increasing number of rapes on the mentality of “getting away with anything”.
“The rising number of cases suggest that the fear of consequence of action is on decline and the perception of ‘get away with anything’ is growing. Why is it that in Delhi young girls in buses don’t find any support when they are harassed?” he asks.
Kiran Bedi, who has set up her own NGO and says that in matters relating to crime against women, the bail should be conditional.
“Guarantee should be high in case of bail in rape cases and in case of repeat crimes, the guarantor should also be punished,” adds Bedi.
‘Control and Sexuality’ by Ziba Mir-Hosseini & Vanja Hamzić
The International Solidarity Network, Women Living Under Muslim Laws (WLUML) is pleased to announce the publication of Control and Sexuality: The Revival of Zina Laws in Muslim Contexts by Ziba Mir-Hosseini and Vanja Hamzić. Copies can be purchased in the WLUML webshop for £12.00, and if you follow the link, you can download a sample chapter (the introduction) here: http://www.wluml.org/node/6869
Control and Sexuality by Ziba Mir-Hosseini and Vanja Hamzić examines zina laws in some Muslim contexts and communities in order to explore connections between the criminalisation of sexuality, gender-based violence and women’s rights activism. The Violence is Not Our Culture Campaign and the Women Living Under Muslim Laws network present this comparative study and feminist analysis of zina laws as a contribution to the broader objective of ending violence in the name of ‘culture’. It is hoped that the publication will help activists, policy-makers, researchers and other civil society actors acquire a better understanding of how culture and/or religion are invoked to justify laws that criminalise women’s sexuality and subject them to cruel, inhuman and degrading forms of punishment.
“It is most timely that this publication should emerge when issues of culture and human rights are being debated in many venues in the international arena: within the United Nations; in national and transnational, mainstream and alternative media outlets; and across social and political movements. Some cultural practices may be particularly detrimental to the rights of women and girls. All harmful practices, regardless of provenance and justification, must be eliminated. All human rights are universal, indivisible and inter-related. It is my hope that by building upon the progressive, equitable and just aspects of culture which are inherent to all, this book can make a substantial contribution towards the promotion of rights, under law and custom.” Farida Shaheed, UN Independent Expert on Cultural Rights
Justice Susan Himel issued a ruling on Sept. 28 that declared several laws surrounding prostitution to be unconstitutional.
While prostitution itself is legal in Canada, keeping a common bawdy house or communicating for the purposes of prostitution are illegal. Translation, no brothels in the suburbs and no chatting up hookers on street corners.
Himel ruled that those laws put prostitutes at risk and violated their rights under the charter.
The ruling was stayed to give governments time to respond. The Harper government launched an appeal but that appeal could not be heard before the stay lapsed. On Thursday the Ontario Court of Appeal stayed the ruling until the full appeal is heard.
Terry Bedford, the dominatrix who fought and won in Himel’s court was disappointed with this latest court decision.
Bedford accused the Harper government of hiding behind the courts and said Harper should “be a man” and bring in a new law that works for prostitutes.
Speaking in Mississauga, Ont., Prime Minister Stephen Minister Harper told reporters he’s never been called upon to respond to a dominatrix before but defended the appeal.
“We believe that the prostitution trade is bad for society. That’s a strong view held by our government and I think by most Canadians,” Harper said.
In Ottawa, Justice Minister Rob Nicholson said he’s confident the government’s view will prevail before the courts.
“It is the position of the Government of Canada that these provisions are constitutionally sound,” Nicholson said.
New Democrat MP Libby Davies said the government is hiding from the issue.
“The government has refused to recognize how harmful these laws are for sex workers,” Davies told QMI Agency.
Davies called for full debate on prostitution in Parliament.
This is the result of a review by police following articles in a local paper that found a sharp drop in rapes in Baltimore – disproportionate to that of other cities – was a result of police too quickly dismissing complaints from women.
After the stories, city officials launched their own investigation and the results were revealed at a recent City Council hearing:
Mayor Stephanie Rawlings-Blake said the audit, along with other comprehensive changes in recent months, “has forever changed and improved the way sexual assault cases are investigated in Baltimore, ensuring that all victims of sexual assault have their complaints investigated fully and are treated with dignity and respect.”
Officials outlined a series of reforms, including barring beat officers from dismissing complaints without review, and police now work closely with rape crisis centers, even using counselors on interviews, to ease concerns of victims.
Chinese marriage law experts have called for legislation on domestic violence.
“National legislation to combat domestic violence is badly in need, because existing articles of law do not provide a sufficient legal basis for timely and effective judicial intervention,” Li Mingshun, deputy head of the marriage and family board of the China Law Society, said at a conference in Beijing marking International Day for the Elimination of Violence Against Women.
The conference was jointly hosted by the All-China Women’s Federation (ACWF) and the United Nations in China.
“We have been receiving more and more complaints about domestic violence in recent years, despite 27 provincial-level governments having made considerable effort to enact local regulations against this problem,” said Meng Xiaosi, vice-president of the ACWF.
The ACWF has annually received 40,000 to 50,000 complaints about domestic violence since 2004.
According to research by the China Law Society, 85.4 percent of these cases involve husbands acting violently toward their wives.
These women suffer physical, psychological and sexual abuse an average of 7.4 times a year, according to data from women’s organization in Henan, Beijing, Jiangsu, Shandong, Hubei, Liaoning and Hebei.
The reasons for the abuse range from infertility, giving birth to a daughter and husbands engaging in excessive drinking.
“The main difficulty in suing a family member for abuse is producing the evidence,” said Jiang Yue, a professor of marriage and family law at Xiamen University.
To obtain a divorce for domestic violence in China, civil law requires a wife to be able to prove in court that her husband beat her, though any injuries that she may have sustained have usually healed by the time the hearing is held, Jiang pointed out.
“In some cases, a victim submits a certificate from a hospital confirming her injuries, but the husband is still able to argue that his wife was injured in another way,” she said.
Current laws and regulation are also unhelpful to women who do not want to divorce their husbands, said Xia Zhengfang, a judge who presides at the No 1 civil law court of the Jiangsu Provincial Higher People’s Court.
“For most women who suffer domestic violence, divorce is not their first choice, since they may lose financial resources or be forced to leave their children if the marriage breaks up,” Xia said. “So it is crucial to be able to restrain violence.”
However, the Regulations on Administrative Penalties for Public Security do not specify domestic violence, so the police are unable to act proactively to prevent abuse.
“As the law currently stands, national regulations on constraining domestic violence are contained in eight areas of the Marriage Law, the Law on the Protection of Minors and the Law on the Protection of Women and Children,” Li Mingshun said. “But only two of them are of practical help to victims.”
Thirteen law experts in China, including Li, drafted a proposal in June on the prevention and punishment of domestic violence, which covers areas like compelling an aggressor to submit to re-education at a public security facility for 30 to 90 days.
Graph of statistics http://news.asiaone.com/A1MEDIA/news/11Nov10/others/20101126.122506_domestic.jpg
Women fleeing domestic violence will be able to use shelters in the GTA without worry of being targeted by immigration officers, a Toronto activist group says.
The Greater Toronto Enforcement Centre, a branch of the Canada Border Services Agency, will issue a directive barring officers from entering or waiting outside facilities serving women surviving violence, says Fariah Chowdhury, a spokeswoman for NoOneIsIllegal.
Chowdhury said rape crisis centres, women’s shelters or any community organization helping survivors of violence will now be off limits.
“For us, this is one small step in part of a broader campaign to make the city safe for women and for people with precarious status,” said Chowdhury. “It’s a long overdue victory because immigration officers should never have been arresting, deporting or detaining women who are so vulnerable in the first place.”
Chowdhury added that the directive will be released Thursday, International Day for the Elimination of Violence Against Women.
It comes after two years of grassroots campaigning from a coalition of more than 120 organizations demanding shelters be considered a “safe space.”
Feminists and activists were concerned earlier this year when enforcement officers entered the Beatrice House shelter in Toronto looking for a woman from Ghana, identified only as Jane.
Jane, who said she grew up in a “voodoo” home and was sexually abused before arriving in Canada, missed the arrest because she and her 3-year-old daughter had just moved to another shelter.
“We have received numerous reports of immigration officials going into women’s shelters in the middle of the night and taking women and children out,” said Chowdhury.
“More and more people became afraid to access the services.”
While the directive is a “step in the right direction,” much more work must be done for undocumented people who aren’t able to go to university, access welfare or subsidized housing, said Chowdhury.
“These are essential support services that are really required for people’s survival.”
She added that talks about whether the directive will be applied on a national level will take place in coming weeks.
The International Solidarity Network, Women Living Under Muslim Laws (WLUML) is deeply shocked that a court in Nankana Sahib, Pakistan, has sentenced a 45-year-old Christian woman, Asia Bibi, to death on the charge of having committed “blasphemy”. Although illiterate, she has been accused of denying the institution of prophet-hood by citing copious examples from the key texts of Islam. We join local human rights organizations, international women’s groups and religious minorities in calling for Pakistan to urgently repeal its Blasphemy Laws. We also appeal to the authorities to guarantee the safety of Asia Bibi and her family from the rage of local extremists, as well as investigate the violent persecution of the Christian community in the Punjab.
Asia Bibi is a farm worker in a village of Ittanwali in Nankana, about 75 kilometres west of Lahore. By Asia Bibi’s own account, her women co-workers tried to force her to embrace Islam on 8 June, 2009. This led to a discussion on the religious beliefs of the two communities and following a heated exchange between her and three Muslim women, the complainant Qari Muhammad Sallam, with the testimonies of these women, lodged a First Information Report (FIR) on June 19, 2009, under sections 295-B and C of the Pakistan Penal Code. Both sections state punishment by life imprisonment or capital punishment. Following the judicial process, Asia Bibi was sentenced to death by an additional sessions court in Nankana district. Mrs Bibi was also ordered to pay a fine of 300,000 Pakistani rupees (£2,180). Now the family is appealing against the judgment in the Lahore High Court. SK Shahid, Asia Bibi’s counsel, said that he has filed an appeal with the Lahore High Court against the lower court’s judgment. “How can we expect from a non-Muslim to follow beliefs of the Muslims?” he asked. Various human rights groups are also likely to become party to the appeal, calling for the repeal of the judgment.
Mrs Bibi said that during the investigation held by Special Prosecutor Muhammad Amin Bokhari, she begged for pardon as she had never heard of the crime of blasphemy before. Mrs Bibi explained that she has not had access to a lawyer in jail and even on the day of her final verdict she was not accompanied by a lawyer. In court she was made to put a thumb print on the papers she was unable to read.
The Blasphemy laws have not only curtailed citizens’ freedom of expression, but have also been misused by violent religious extremists to commit grave acts of violence against others and to spread religious intolerance. In several cases the law has been used to settle personal scores and rivalries. Incidents of mob violence against non-Muslims, especially Christians, have also increased in this part of Punjab over the last few years, engineered by local extremists groups to give impetus to their religious and political base.
Blasphemy Laws in their present form were promulgated arbitrarily by the military dictator, Zia al-Huq, more than twenty years ago. Those who have worked to overturn false charges of blasphemy have themselves become the target of violence. A former Lahore High Court judge, Justice Arif Hussain Bhatti, was murdered by a religious extremist in 1996, reportedly because he acquitted a blasphemy case. A number of lawyers and journalists have also been harassed for defending people accused of blasphemy and campaigning against the Blasphemy Laws.
Take action here: http://www.wluml.org/node/6789
Female Prisoners Get Less Time Out of Cells; Family Visits Restricted
Syria’s prison authorities should immediately transfer women detained in the predominantly male `Adra prison to a facility for women, Human Rights Watch said last week. The authorities are holding at least 12 women among an estimated 7,000 men.
Syrian rights activists in touch with families of some of the detained women told Human Rights Watch that the women are held in a section of the prison under the control of Political Security, one of Syria’s multiple security agencies. They are only allowed out of their cell twice a week and family visits are subject to the approval of Political Security. Two female guards reportedly supervise the women directly, but male guards for the other prisoners have verbally harassed the women, the activists said. Male prisoners are allowed out of their cells for at least two hours twice a day and can receive weekly visits without Political Security review, male former prisoners told Human Rights Watch.
“We don’t know why Syria is keeping these women in `Adra prison, but we do know that their situation is precarious and they are being treated worse than their male counterparts,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.
The United Nations-issued Standard Minimum Rules for the Treatment of Prisoners say that, “Men and women shall so far as possible be detained in separate institutions,” and, “No male member of the staff shall enter the part of the institution set aside for women unless accompanied by a woman officer.” Syria has prisons for women, including a main facility in Douma, located in the suburbs of Damascus. Human Rights Watch has not been able to determine why some women are in `Adra prison.
Among the women in `Adra is Tuhama Ma`ruf, 46, a dentist detained there since February 10, 2010, to serve the remaining part of a sentence issued by the Supreme State Security Court (SSSC) in 1995 for membership in the unlicensed Party for Communist Action (PCA). Syria’s security services detained Ma`ruf in 1992 as part of a crackdown against the PCA, which no longer exists. Authorities released her on bail in 1993, but the SSSC sentenced her in 1995 to six years for “membership in an illegal organization.” At the time, Human Rights Watch criticized the trials against PCA members for due process violations and for criminalizing peaceful political activity.
Ma`ruf did not turn herself in after the sentence was issued in 1995 and lived clandestinely for the next 15 years. Security forces arrested her on February 6 and placed her in `Adra to serve the remaining five years of the sentence. Ma`ruf’s lawyers petitioned for her freedom, arguing that her sentence should be commuted because of the passage of time, but the SSSC prosecutor’s office rejected her request.
“Ma`ruf was sentenced to prison solely for her peaceful political activism, which is protected under international human rights treaties that Syria has ratified,” Whitson said. “The authorities should release her.”
The Syrian activists said that other female detainees in `Adra whose identities they know include Yusra al-Hassan, detained since January without any formal accusation or judicial referral. Her husband is being held by the United States in Guantanamo. Other female detainees in `Adra reportedly include members of the Kurdistan Worker’s Party (PKK) as well as women convicted on drug or prostitution-related charges.
An immediate and worldwide public outcry followed an urgent press release by the International Committees against Stoning and Execution giving notice of Sakineh Mohammadi Ashtiani’s imminent execution. Shortly thereafter more than half a million people sent letters of protest, there were two million tweets on Sakineh, and rallies and events were held in a number of cities.
The International Committees against Stoning and Execution issued the press release after receiving credible information attesting to the plan to execute her on 3 November. Reliable sources within Iran confirmed having seen the actual execution order sent from Tehran to Tabriz prison’s office of sentence implementation and also seen Sakineh’s name on a blacklist of those to be imminently executed.
The Islamic Republic of Iran often executes people without any public warning or notice and even without informing lawyers and family members in order to avoid local and international condemnation. According to the International Campaign for Human Rights, at least 23 people have been executed these past few days alone without any official announcement.
Nonetheless the regime persists in concealing the real danger Ms Ashtiani’s life is in. Its Foreign Minister, Manouchehr Mottaki, told his French counterpart Bernard Kouchner that ‘the final verdict in the Sakineh Ashtiani case has not been announced by the Iranian judiciary.’ Malek Ajdar Sharifi, the head of the justice department in East Azarbaijan province, where Ms Ashtiani is imprisoned, also said that her case was under judicial review and she was in ‘perfect health.’
In the Islamic Republic of Iran, a ‘judicial review’ often effectively means that the regime is waiting for the opportunity to carry out its executions. The regime has executed many people whilst their cases were ‘under review.’ One well known case was that of juvenile ‘offender’ Delara Darabi who was executed in 2009 during a two month reprieve.
Whilst Sakineh has been held incommunicado since 11 August and her son, Sajjad Ghaderzadeh, and lawyer, Houtan Kian, been imprisoned and tortured since 10 October, the International Committees against Stoning and Execution will continue to act as their voice and their defence. And we will continue to raise the alarm when necessary until Ms Ashtiani’s stoning and execution orders are rescinded and she, her son and lawyer are unconditionally and immediately released.
International Committee against Execution
International Committee against Stoning
KEEP THE PRESSURE ON!
1. Contact government officials, MPs, MEPs, and the UN asking them to intervene urgently. Governments must immediately summon the Islamic Republic of Iran’s ambassadors and demand that Sakineh Mohammadi Ashtiani’s execution and stoning orders be rescinded and that she along with her son, Sajjad Ghaderzadeh, and lawyer, Houtan Kian, and the two German journalists be immediately released.
2. Sign on to a petition at: http://www.avaaz.org/en/24h_to_save_sakineh/?cl=820762599&v=7497 and http://stopstonningnow.com/sakine/sakin284.php?nr=50326944〈=en.
3. Send letters of condemnation to the Islamic regime of Iran:
Head of the Judiciary
Howzeh Riyasat-e Qoveh Qazaiyeh (Office of the Head of the Judiciary)
Pasteur St., Vali Asr Ave., south of Serah-e Jomhouri
Tehran 1316814737, Iran
Email: email@example.com or via website: http://www.dadiran.ir/tabid/75/Default.aspx
First starred box: your given name; second starred box: your family name; third: your email address
Head of the Judiciary in East Azerbaijan Province
Office of the Head of the Judiciary in Tabriz
East Azerbaijan, Iran
The Office of the Supreme Leader
Islamic Republic Street – Shahid Keshvar Doust Street
Email: via website: http://www.leader.ir/langs/en/index.php?p=letter (English)
Secretary General, High Council for Human Rights
Mohammad Javad Larijani
Howzeh Riassat-e Ghoveh Ghazaiyeh
Pasteur St, Vali Asr Ave., south of Serah-e Jomhuri
Tehran 1316814737, Iran
Fax: +98 21 3390 4986
For more information, contact:
Mina Ahadi, International Committee against Execution and International Committee against Stoning: firstname.lastname@example.org; Tel: +49 (0) 1775692413, http://stopstonningnow.com, http://notonemoreexecution.org
Federal Supreme Court Ruling Effectively Endorses Wife Beating
A decision by the United Arab Emirates Federal Supreme Court upholding a husband’s right to “chastise” his wife and children with physical abuse violates the right of the country’s women and children to liberty, security, and equality in the family – and potentially their right to life, Human Rights Watch said today. The ruling, citing the UAE penal code, sanctions beating and other forms of punishment or coercion providing the violence leaves no physical marks.
Human Rights Watch called on the government urgently to repeal all discriminatory laws, including any that sanction domestic violence.
“This ruling by the UAE’s highest court is evidence that the authorities consider violence against women and children to be completely acceptable,” said Nadya Khalife, Middle East women’s rights researcher at Human Rights Watch. “Domestic violence should never be tolerated under any circumstances. These provisions are blatantly demeaning to women and pose serious risks to their well-being.”
The October 5, 2010 court ruling, a copy of which Human Rights Watch obtained, states that, “Although the husband has the right to discipline his wife in accordance with article 53 of the penal code, he must abide by conditions setting limits to this right, and if the husband abuses this right to discipline, he shall not be exempt from punishment.”
Article 53 of the UAE’s penal code acknowledges the right of a “chastisement by a husband to his wife and the chastisement of minor children” so long as the assault does not exceed the limits prescribed by Shari’a. Similarly, article 56 of the UAE’s personal status code obligates women to “obey” their husbands.
The case was initiated with a trial of a man for kicking and slapping his 23-year-old daughter and slapping his wife at the Sharjah Court of First Instance in December 2009. According to the judgment, “medical reports confirmed the evidence of wounds to the daughter’s right hand and right knee, and evidence of wounds to the wife’s lower lip and injuries to her teeth.”
This court found the man guilty of violating article 2/339 of the penal code and fined him 500 dirhams (US $136). This penal provision on crimes against persons states that whoever assaults another person, if the assault did not reach the degree of seriousness to cause illness or disability, shall be sentenced to prison for a term not exceeding one year and a fine not to exceed 10,000 dirhams (US$2,722)
The Sharjah Court of Appeals upheld the decision on February 14, but the man appealed to the Federal Supreme Court. The Supreme Court found the man guilty of abusing his daughter because she is no longer a minor and too old to be disciplined by her father. The court also found the man guilty of “abusing his Shari’a rights” when disciplining his wife because of the severity of that attack. The judgment states that, “The court, convinced of the appearance of injuries on the bodies of the plaintiffs, has overridden the defendant’s right to discipline due to his use of severe beatings.” In effect, the Supreme Court validated the penal code’s legalization of domestic violence, but found that in this case the abuse went too far.
In 2004, the UAE signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The convention’s General Recommendation on Violence against Women regards gender-based violence as a form of discrimination between men and women and calls on governments to take effective measures to combat all forms of violence against women, regardless of whether the act is private or public. The UAE also ratified the Convention on the Rights of the Child (CRC) in 1997. Article 19 of the CRC states that parties shall take all appropriate measures to protect children from all forms of violence, whether physical or mental.
“The UAE Supreme Court’s ruling lets stand a law that is degrading, discriminatory, and outright dangerous for women and children,” Khalife said. “The UAE needs to come to grips with reality of domestic violence, repeal all discriminatory provisions sanctioning violence against women and children, enact laws that criminalize such behavior, and provide appropriate services to victims.”
According to All Women’s Action Society Malaysia (Awam), employers tend to have the perception that women become unproductive once they were pregnant.
“But this is completely unacceptable and it shows that the companies are ignorant about labour laws,” said senior programme officer Abigail De Vries.
She said a number of women had approached Awam over the years with similar issues.
“The problem is not uncommon but more should be done to eradicate discrimination of women at the workplace,” De Vries added.
Women’s Aid Organisation (WAO) said it condemned employers who discriminated against women because of their gender.
“Dismissing a female employee because she is pregnant, or treating her so badly that she sees no other option but to resign, is punishing a woman for claiming her reproductive rights,” said WAo’s programme officer Sarah Thwaites, adding the government currently does not monitor the extent of this trend of forcing pregnant women out of their jobs.
“The Women, Family and Community Development Ministry and the Labour Department should encourage women who have been discriminated against to come forward and make complaints to their offices throughout the country,” she said.
Thwaites added that employers needed to know that they may face legal repercussions as everyone had the right to work and raise a family without being bullied and discriminated against.
In the aftermath of last month’s landmark court decision that lifts the barriers to free trade in the sex trade, women’s rights activists are facing off.
They’re split over whether the ruling will make sex workers safer — or merely pump up profits for pimps and help organized crime to traffic women.
Examples of the divide?
“It is with stupefaction and anger that feminists have learned of the ruling,” the Canadian Association of Sexual Assault Centres said in a media release.
“Worldwide, it is impoverished brown women whose bodies are being bought and sold,” argued the South Asian Women Against Male Violence (SAWAMV) in its statement. “This decision is not what we or our sisters want.”
And from the opposing corner?
“It’s wonderful that the court has recognized the harm of the laws, and has freed sex workers from the threat of criminal prosecution,” said the Pivot Legal Society, which has been fighting in the B.C. courts to overturn the country’s prostitution laws.
At the heart of this dispute is a wide ideological gap between feminists who believe that no woman is a commodity to be bought and sold and those who insist that, as with abortion, a woman has the right to control her body — while not risking life and limb.
That’s why Justice Susan Himel of the Ontario Superior Court struck down as unconstitutional the bawdy house provision, which, arguably, by preventing sex workers from sharing premises, increased their risk of exposure to violence. Gone, too, is the “living off the avails” section, which criminalizes those being supported by a sex worker. While that was meant to target pimps, it also affects a prostitute’s live-in family, including partners, parents and adult children, as well as security guards who might protect her.
Also declared unconstitutional is the communication law, which experts say put street sex workers in the greatest danger because it did not allow them to safely screen “dates” before jumping into their cars.
“That’s a huge step forward,” says B.C. sex worker rights activist Tamara O’Doherty. “There used to be this idea we have to criminalize sex workers for their own good. So we (with opposing views on the court decision) do have this partly common ground.”
But there isn’t much of it.
“For me it’s not complicated to understand why there’s a divide: it’s two visions,” says Diane Matte of Montreal’s Coalition Against Sexual Exploitation.
Matte has a street-level view of the industry, and says it isn’t a pleasant sight.
That makes it difficult for her to understand why feminists would support the victorious plaintiffs — members of the Sex Professionals of Canada (SPOC) — in the Ontario constitutional challenge.
“The SPOC women do not hide the fact that they want to open brothels,” Matte notes. “In other words, they want to prostitute other women. Why is that okay?
“I’m sorry, but why should I, as a feminist, support that a woman wants to sell another woman? And that doesn’t even look at the question of why men should have the right to buy women — and children — whenever and wherever they want. That’s why it’s impossible to reconcile these two visions.”
What abolitionists such as Matte want is to follow the so-called Nordic Model, one in operation in Iceland and Sweden, which has decriminalized sex workers while criminalizing their clients.
Others don’t buy that solution.
“As a criminologist I can guarantee you that that doesn’t work because it doesn’t remove the criminal element from prostitution,” says O’Doherty, who teaches at the University of the Fraser Valley.
Making demand illegal, she says, only serves to drive sex workers underground.
Still, abolitionists believe that demand can be legislated out of existence.
“I don’t see sex work as natural or inevitable; it’s a practice we have constructed,” says Suzanne Jay of the Asian Women Coalition Ending Prostitution. “We can dismantle it and create another system of relationships.”
When the state gets involved in a vice, does ‘no’ mean ‘yes’?
Last week’s Ontario Court decision striking down the laws forbidding the operation of brothels, communicating for the purposes of prostitution, and living on the avails of prostitution (which both the federal and Ontario governments have announced it will appeal) is the latest benchmark in the attempted normalization of behaviour that used to be more roundly condemned by the state.
Why it would be wrong to legalize prostitution
If prostitution were a job freely chosen, as the pro-legalization forces would have us believe, it’s unlikely that the average age of entry into that workforce would be 14.
Canadian sex workers win decriminalisation: a victory for women’s right to safety everywhere
The High Court in Ontario, Canada, yesterday abolished the laws banning street soliciting (communicating for the purposes of prostitution),working together from premises (bawdy house) and living off the avails of prostitution as they make sex workers more vulnerable to violence. The decision was a result of a legal challenge brought by three sex workers who argued that the laws endangered their health and forced them into unsafe working conditions. It is a victory for women and sex workers everywhere who have been campaigning for decriminalisation of grounds of health and safety.
Heartened by the passage of a same-sex marriage law in Argentina, women’s organisations in this South American country stepped up their demands for the legalisation of abortion, on the Day for the Decriminalisation of Abortion in Latin America and the Caribbean.
Some 1,000 members of the Juana Azurduy Women’s Collective, better known as Las Juanas, filed a “collective and preventive” writ of habeas corpus at different courtrooms around the country, demanding that the criminalisation of abortion be declared unconstitutional.
They also asked the courts to press the legislature to bring the law that penalises abortion into line with international norms that recognise a woman’s right to make decisions about her body.
In Argentina, abortion is a crime punishable by prison, except in cases where the pregnancy is the result of rape, the expectant mother’s life is in danger or she is mentally ill or disabled.
But every year some 460,000 to 600,000 women resort to abortion in this country of 40 million people, according to the report “Estimate of the Extent of the Practice of Induced Abortion in Argentina”, prepared by experts from the University of Buenos Aires and the Centre for Population Studies.
In Latin America, abortion is only legal in Cuba, Puerto Rico and Mexico City. With the exception of Chile, El Salvador and Nicaragua, where abortion is illegal under any circumstances, in the rest of the countries in the region “therapeutic” abortion is legal in certain cases, such as rape, incest, fetal malformation or risk to the mother’s life.
Nevertheless, more than four million illegal abortions a year are practiced in the region, according to different sources, and 13 percent of maternal deaths are caused by abortion-related complications.
In Argentina, unsafe abortions are the main cause of maternal mortality, the Juana Azurduy Women’s Collective reports.
Against that backdrop, Las Juanas presented their legal action on Tuesday Sept. 28, observed as the Day for the Decriminalisation of Abortion by the women’s movement in Latin America and the Caribbean since 1990.
For years, women’s groups in Argentina have been campaigning for the decriminalisation of abortion, but have continually run up against the fierce resistance of the powerful Catholic Church and other conservative sectors of society.
However, this year the situation looks more favourable. Since March, the lower house of Congress has been studying a draft law that would decriminalise abortion, which has the backing of around 50 lawmakers from different parties.
The bill, which may be debated in October, was introduced by Cecilia Merchán, a legislator with the left-wing movement Libres del Sur, and would legalise first-trimester abortion on demand, similar to the law in effect in the Federal District of Mexico City.
None of the nearly 20 earlier bills on abortion introduced in the Argentine legislature over the years progressed. But the current draft law has already made it through several committees and is on its way to a full session debate in the lower house.
However, while the legislators are preparing their offensive in the lower house, another bill has been presented in the Senate, which would merely expand the circumstances under which therapeutic abortion is legal.
The idea underlying the initiative by several women senators is that legal abortion would also be made available to women facing risks to their health, a concept that would be broadly defined as physical and mental health.
The women’s organisations do not have the support of President Cristina Fernández, who has spoken out against the legalisation of abortion. But Merchán is confident that the president’s position will not impose itself in the legislative debate. (END)
Part of a longer article at http://ipsnews.net/news.asp?idnews=52989
Judges and other judicial officers in Argentina have begun to receive training on gender equality and women’s rights, as part of a broad programme that could serve as a model for similar initiatives in the rest of Latin America.
The plan, launched last week, will train facilitators to raise awareness on gender questions and promote the incorporation of a gender perspective among judges, prosecutors, court officers and administrative employees of the justice system.
Carmen Argibay, the first woman named to the country’s Supreme Court, said they found instances of discriminatory treatment of women victims as well as trials and sentences that failed to take into account the disadvantages suffered by many women because they live in a “sexist, patriarchal system.”
As an example of a discriminatory sentence she cited a judge’s decision this year that forced a woman to obtain permission from her spouse to get her tubes tied.
But there are also judges who have begun to adopt a gender perspective, based on legal instruments that are available to everyone but have not yet been applied consistently and across-the-board.
For instance, in a ruling this year, six doctors were sentenced for refusing to provide chemotherapy to a 20-year-old woman with cancer because she was pregnant. Her request for a therapeutic abortion was also denied. The young woman died without receiving treatment, and the baby also died.
In, addition, there are judges who are in the vanguard on gender issues and set legal precedents with sentences that help promote specific laws to expand rights to marginalised groups.
One illustration of this phenomenon are the judges who ordered civil registry offices to register gay marriages. The sentences, which were upheld, were backed up this year by a law on same-sex marriage.
In 2004, Argibay became the first woman justice on the Supreme Court. She was joined that same year by Elena Highton, who is currently vice president of the seven-member Court.
Highton was behind the establishment in 2009 of the Supreme Court Women’s Office, which is tasked with training and research on gender issues, and of the Office on Domestic Violence, which provides attention around the clock every day of the year.
As part of the work of the Women’s Office, Argibay presented the start of a series of workshops this month to train gender facilitators within the judicial system, an initiative that has United Nations support.
The participants receive a manual on how to hold their own workshops on justice with a gender perspective, with different training modules involving both theory and practice, which were designed with the participation of experts on justice and gender.
United Nations resident coordinator in Argentina Martín Santiago told IPS that the programme has everything necessary “to become a best practice for replication in all judicial systems in the region.
Taking part in the launch of the workshops were representatives of the Women’s Office as well as Argibay and Highton themselves, in order to underscore the support the programme has at the highest levels of the judiciary. The facilitator training workshops will be held in Buenos Aires.
According to the Supreme Court magistrate, the international conventions and other commitments that enshrine the rights of women, which have been signed by the Argentine state, are not sufficient to guarantee enforcement of these rights.
In the workshops, the future facilitators review the tools and instruments offered by the right to equality before the law and the rights of women, and engage in exercises that allow them to reflect on how gender-based social and labour roles are assigned. They also analyse sexist language and discuss how to avoid discriminatory terms.
“Violence against women is a consequence of seeing the world from an absolutely machista point-of-view,” Judge María Laura Garrigós, one of the women selected to be a gender facilitator, told IPS.
“The judiciary has not yet incorporated that perspective, it’s something we still have to accomplish — a shift in paradigm that will enable us to see crimes in that context,” she said.
Part of a longer story at http://ipsnews.net/news.asp?idnews=52930