Day Sixteen |When the law against violence becomes violent

A critical question for feminists to ask when women turn to the law is whether a legal victory is always a triumph of the feminist worldview. Violence against women is ubiquitous in patriarchy.

Rachana Johri, Bindu K.C. and Krishna Menon

Resisting Violence

A critical question for feminists to ask when women turn to the law is whether a legal victory is always a triumph of the feminist worldview. Violence against women is ubiquitous in patriarchy. It pervades virtually all spheres of lives, happening most often in relational spaces. Without questioning the necessity of the law, it seems that the work of feminism must include a detailed analysis of the many moments in which women experience violence such as sexual harassment at the workplace and at educational institutions. 

Every violent act – whether it is a comment on the looks of a classmate, persistent messages from one student to another, or rape – constitute violence. Must all these be treated within a legal framework? And is ‘punishment’ the only imagination of justice? Perhaps more pertinently, does ‘punishment’ belong in a feminist approach to justice?

Continue reading “Day Sixteen |When the law against violence becomes violent”

Day Fifteen |Understanding dowry and dowry abuse in Australia

Manjula O’Connor, Jan Breckenridge, Sara Singh and Mailin Suchting

dowry abuse
Reproduced from Shutterstock via The Conversation

The practice of dowry usually involves the giving of money, property, goods or other gifts by one family to another before, during or any time after marriage. It is a universal practice. For example, Bombay Island – now called Mumbai – was a former Portuguese outpost which was gifted to England as dowry in the marriage of Catherine of Braganza to Charles II (and was later leased to the East India Company in 1668). 

In its modern day avatar, dowry as a practice has different customary characteristics across different communities. Dowry exchange in South Asian communities is characterised by the woman’s family providing goods (including but not limited to money, jewellery, furniture and appliances) to the man and his family. In North African and Middle Eastern communities, dowry is characterised by the man’s family providing goods (predominantly in the form of money or cattle) to the female and her family.

Dowry is an ancient practice most frequently associated with India, but in reality, it is a cultural practice globally. This blog mostly addresses dowry in the South Asian context. Dowry in ancient times originated as a form of ante mortem inheritance, meant only for the bride. In modern times dowry gifts are expected by the family of the receiver as well and has become a practice that is a product of patriarchy reinforcing gender inequality. Women activists have campaigned against dowry practices in India since 1961, recognising the toxic impact of patriarchy combined with greed, and growing evidence of serious violence, murders and suicides associated with dowry in India. 

The Australasian Centre of Human Rights and Health (ACHRH) has refined the definition of dowry as ‘substantial gifts’ in the context of a marriage, where the value of gifts is out of proportion to the income of either family and causes financial distress to the giver.

what about dowry abuse?

Day Ten |Women’s right to physical security in the Pacific region

Nicole George

Pacific Islands violence The Pacific Islands may be well-known as an idyllic tourist destination, but gendered violence remains a chronic issue for Island women. AAP/Diana Plater via the Conversation

Since 2013, I have worked with women’s groups in the Pacific Islands countries of Fiji, Bougainville (in PNG), New Caledonia, Solomon Islands and Vanuatu, to reflect on women’s right to physical security, and ask what that principle looks like in our Pacific region. My research has had two aims; first to understand how the right to safety is institutionalised and reforms are implemented in each country, and second, to examine how the right to safety is understood by women in an everyday sense.

To give some context, it is important to consider the global origins of women’s right to live in security from violence. In 1993, the United Nations General Assembly formally recognised violence against women to be a violation of women’s human rights. In doing so, the issue of women’s vulnerability was no longer considered a source of personal shame and stigma. Rather, it was given full recognition as a global challenge, and states were asked to do more to support their female populations who experienced this violence, as well as to work towards its elimination. 

Since 1993, Pacific Island countries, including the larger island countries of Australia and New Zealand have all responded to this shift in global policy making on violence against women. We have come a long way from the days of 1995 when one Pacific leader jested amongst his male peers at the Pacific Islands Forum meeting, that Pacific men used the idle hours of the “Sunday Sabbath” to kick “either a football or one’s wife around”. 

Nearly twenty years later, the Pacific Island Forum leaders meeting in 2012 was, by contrast are more sympathetic event. Here the regions leaders made a powerful commitment to tackle gender inequality in their countries and also to do more to challenge violence against women. In the years since, we have seen Pacific Island governments recognise their responsibilities towards women and establish reforms that aim to eliminate violence against women.

In PNG, Vanuatu and Solomon Islands we have seen new family law legislation and new domestic violence legislation with more protections for women and harsher penalties enacted for those who perpetrate violence. In Solomon Islands, additionally, the government has established a National Policy to Eliminate Violence Against Women and Girls in 2016 which integrates government and civil society programs to assist those exposed to violence. 

In Fiji, we have seen new policing policy which stipulates a “zero tolerance approach” and “no drop” directing all officers to investigate cases of violence against women brought to their attention, even if women later try to withdraw the complaint. In New Caledonia there have been state and civil society initiatives such as the establishment of shelters and women’s bureaus who offer assistance to women who have been exposed to violence. 

All of these reforms show state and civil society commitment to the objective of eliminating gender violence. But what is their concrete effectiveness? Do they mean women experience less violence in their daily lives? This is always a hard question to answer ask because we also know that when there is more public debate about violence against women, and more effort to improve state authorities’ responses to this issue, more women who might not have reported abuse decide to come forward to demand assistance. 

But given that we are now 16 years on from that landmark international policy shift of 1993, and 7 years on from the Pacific Islands Forum declaration recognising women’s insecurity as an issue of regional concern, we might also expect to see the beginning of a decline in numbers of women being exposed to this violence. Sadly, this is far from evident, and in many countries around the region we see violence against women perpetrated at significant rates consistent, or even higher than, those of 20 years ago.  

So my research has really sought to understand why. My findings indicate to me that while state reform is important, implementation remains a challenge.  

Part of the problem lies in the difficulties that women continue to face in trying to progress charges against violent family members through the criminal justice system. In Solomon Islands, for example, between the establishment of the Family Safety bill in 2014 and 2018, there were only 18 people convicted of family violence offences and only one person had received a custodial sentence. 

There are many dedicated police officers that are sympathetic towards women who bring complaints of violence to their attention. But there are also many others who continue to treat this issue as of minimal importance in general law and order work. Through my research in the Pacific Islands region, I have amassed too many stories which show that even when official policing policy states that women’s complaints of violence must be investigated, individual police officers frequently dissuade women from pressing charges against family members and instead encourage them to return home and reconcile with their husbands.

The scope of policing authority in many Pacific Island countries is also usually quite limited too and this can have an impact on women’s safety. For example, when I began research on violence against women in Fiji in 2013, as the government was implementing the aforementioned “Zero Tolerance” policy on violence against women. This involved a community policing approach and cooperation from local community leaders. Many people around the country praised this program and urged me to study it. The fact that it sought to complement policing responses with the input and authority of community leaders seemed promising. 

Yet, when I went to rural villages, or squatter settlements around the main cities in Fiji to find out more, I encountered less enthusiasm. Women in these places made statements such as “men have no idea what we go through” or “our experiences are just our own”. This suggested that even this program with its zero tolerance message, and degree of community-level cooperation was struggling to make an impact. The testimonies of the women I spoke to in this context, suggested to me that that government programs must do more than show success in a few well-publicised locations if women’s rights to security are to be upheld generally.   

The question of what women might want in terms of state support when they are exposed to violence is interesting too, and suggests the ‘punish and protect’ model of policing may itself not be a solution that those exposed to violence always seek.  My work in Vanuatu with Melissa Bull has yielded particularly interesting results on this question. It has shown that where police do have the capacity to intervene, women simply want officers to bring about a halt in household or family violence so that order is re-established and do not expect or want their partners subjected to punishment. Women here also explained that police can play an important role in educating perpetrators that their violent actions are against law and human rights. 

So what can we take away from all of this? Certainly, we have come a long way in the Pacific region from the days when it was thought appropriate for Pacific leaders to make jokes about women’s vulnerability to violence and show little regard to questions of women’s safety. Today, many Pacific Island states take this challenge seriously and have enacted legal, policing and welfare reforms to uphold women’s rights to security, and make that an issue of state responsibility. But more work needs to be done to ensure that these commitments are more than just words. The design of reform is the first step.

Meaningful implementation in ways that provide women with valuable aid, support and protection from violence, is a second but far more challenging part of the process. This will be vital if we are committed to challenging the scenario where women’s rights to security are respected and we find it unacceptable that women’s stories of violence should remain “simply their own”. 

Nicole George is Associate Professor at the University of Queensland. Her research focuses on the gendered politics of conflict and peacebuilding, violence, security and participation. Since the early 2000s, she has conducted research in the Pacific Islands region focusing on gender politics, gendered security and post conflict transition in Fiji, New Caledonia, Bougainville and Solomon Islands, working in collaboration with women’s organisations, women decision-makers and women policymakers in these settings. 

Day Two | Abusive Language and Violence Against Women in the Public Sphere

Jennifer M. Piscopo, Occidental College, USA

Strongmen across the globe are ascending to the position of president or prime minister. Sexist and racist rhetoric is part of their brand, which followers find authentic and even unifying. Male political leaders who use swaggering masculinity to cultivate support express the growing global backlash to diversity, inclusion, and multiculturalism. When powerful men use their platforms to abuse women, they send the message that abuse is okay. It also makes abusing women an integral part of a right-wing agenda.  

Boris Johnson, the Prime Minister of the United Kingdom, has an impressive track record of demeaning women. He has called women Members of Parliament (MPs) by their husband’s names and described women journalists and athletes in terms of their bodies – he once described female volleyball players “glistening wet otters”, for instance. 

Across the Atlantic, US President Donald Trump uses adjectives like “fat” and “ugly” to demean women who have spoken out against him. He rallies crowds to chant “lock her up” in reference to his former rival, Democratic presidential candidate Hillary Clinton. Brazilian president Jair Bolsonaro once told a congresswoman she was not “worth” raping, saying that she “didn’t deserve it”. 

Jennifer PiscopoLock Her Up” by James McNellis, 2017.

These leaders often reserve their most vitriolic comments for women of colour – attacks that often merge gender and race. Trump told four women Members of Congress – all of whom criticised his policies and his person – to “go back and help fix the totally broken and crime infested places from which they came”. Three of them were born in the United States, while the fourth – Somali refugee Ilhan Omar – was painted by Trump and other critics as a Jew-hater. Similarly, Johnson has spouted racialised descriptions of Muslim women, variously portraying them as objects and criminals. 

These incidents are not isolated. When powerful men deliver abuse, the attacks receive media coverage. But many women with public profiles – from activists to athletes – receive hateful messages daily. The senders are not usually powerful men, but everyday people. 

A study examining 152 leading British women in politics, business, entertainment, the media, and sports estimated that each received about 200 sexually-explicit tweets a day. In another study of nearly 600 women journalists, 63 percent reported being threatened and harassed on-line and 26 percent reported physical assaults. Amnesty International documents various quantitative and qualitative studies, all demonstrating that high-profile women on Twitter endure significant levels of abuse.

 

Abusive language as political violence against women

Abusive language is a form of violence against women. Much of it may happen online, but virtual harms cause actual damage. Hateful messages and death threats cause stress and trauma. Victims experience diminished self-esteem and an inability to focus and to complete their work. They fear for their safety and for their family’s safety, and they face disruption to their routines caused as a result of increased security. Many leave Twitter. In Britain, female MPs received such profane attacks that they received police protection.

But this language affects many more than just the immediate victims: it also tells the larger audience of women and girls to stay out of public life. Mona Lena Krook and Juliana Restrepo Sanín call these “message crimes.” Whether world leaders or everyday jerks, abusers want women in public life to shut up and go away. 

Since abusive language aims to diminish women’s influence over politics, policy, and the public debate, these attacks are forms of political violence. In my research with Elin Bjarnegård and Gabrielle Bardall, we argue that political violence is gendered in three ways: in its motive, in its form, and in its impact. The abusive language aimed at women in public life has all three elements. 

In terms of motive, attackers are driven by hate towards women in public, not hate towards public figures irrespective of gender. The rates at which women and men endure abuse are simply not the same: visible women receive disproportionate amounts of abuse when compared to visible men. In terms of form, attackers use gendered language, including threats of sexual harm and sexual assault. 

In terms of impact, the victims extend beyond the women targeted. They signal to other women and girls the costs of a public profile. And women and girls have received this message. A respected U.S. survey firm found that 70 percent of women, and 83 percent of young women, identified online harassment as a major problem, compared to just 54 percent of men and 55 percent of young men. Indeed, programs that train women candidates now include lessons that prepare women to handle abuse. Their tips include immediately reporting the abuse to authorities, using humour to diffuse the situation, and writing op-eds to call attention to the problem. 

 

Stopping abusive language 

Documenting and denouncing abusive language have not stemmed the attacks against publicly-visible women. The anonymity of online platforms combined with social media companies’ commitment to free speech means that attackers behave with impunity. Abusers even become leaders of powerful countries. 

The vicious and sexist abuse of women in public life has become so normalised that solutions focus not on holding perpetrators accountable, but on helping women cope. In the candidate training program, women politicians are told to be brave. A British MP, herself standing down because of online abuse, recommended that women MPs create circles of support

The women and girls of the world deserve better solutions. When the #MeToo movement brought down prominent men like Harvey Weinstein, the effects reverberated across the globe. Sexual harassment suddenly bore real consequences, even for powerful men. Likewise, voters must reject male political leaders who bully those weaker than them, especially women and racial and ethnic minorities. In the current political climate, protecting women from abuse cannot be divorced from resisting the right-wing forces that reject diversity and inclusion more broadly.   

 

Jennifer M. Piscopo (@Jennpiscopo) is an Associate Professor of Politics at Occidental College in Los Angeles, California. Her research on women’s political participation and representation has appeared in over 15 academic journals. With Susan Franceschet and Mona Lena Krook, she co-edited The Impact of Gender Quotas (Oxford University Press, 2012). An international speaker and consultant, she has collaborated with international organizations such as UN Women, the Inter-Parliamentary Union, and the Carter Center. Her op-eds have appeared in The Washington Post, The New York Times, and The Los Angeles Times, among other outlets.