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Full-Text Articles in Law and Gender

El Borrado Del Sexo: La Captura Global De Las Políticas Sobre Sexo Por Parte De Los Activistas De La Identidad De Género Y Los Efectos Sobre Los Derechos De Las Mujeres Y Las Niñas, Feministas De Europa, Asia, América Del Norte, América Latina Y África, Analía Susana Vitale Rosenbrock Jan 2023

El Borrado Del Sexo: La Captura Global De Las Políticas Sobre Sexo Por Parte De Los Activistas De La Identidad De Género Y Los Efectos Sobre Los Derechos De Las Mujeres Y Las Niñas, Feministas De Europa, Asia, América Del Norte, América Latina Y África, Analía Susana Vitale Rosenbrock

Dignity: A Journal of Analysis of Exploitation and Violence

Este artículo revisa los objetivos, la historia y el impacto de las nuevas políticas de identidad de género. Basadas en los Principios de Yogyakarta, estas nuevas ideas y políticas afectarán profundamente los derechos de las mujeres y las niñas en todo el mundo. Los Principios son un documento de una reunión internacional sobre orientación sexual e identidad de género en 2006. En 2017, el documento se actualizó a los Principios de Yogyakarta Plus 10. Los Principios recomiendan cambios legales por parte de los estados en todo el mundo, lo que resulta en la eliminación del sexo como una …


Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker Jun 2022

Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker

Dignity: A Journal of Analysis of Exploitation and Violence

Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …


‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer Mar 2022

‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer

Dignity: A Journal of Analysis of Exploitation and Violence

Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …


Gender Unfreedom: Gender Diverse Perspectives From Digital India, Sara Bardhan Jan 2022

Gender Unfreedom: Gender Diverse Perspectives From Digital India, Sara Bardhan

Journal of Feminist Scholarship

No abstract provided.


Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar Jun 2021

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …


Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan Jun 2021

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael Mar 2021

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael Mar 2021

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …


Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma Mar 2021

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide Jan 2021

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in …


A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan Jan 2021

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar Jan 2021

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.


"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik Dec 2020

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …


The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post Dec 2020

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond Sep 2020

Racial Justice And Decriminalization Of Prostitution: No Protection For Women Of Color, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita Jan 2020

Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita

Dignity: A Journal of Analysis of Exploitation and Violence

In late 2016 a feminist movement against problems of commercial sexual exploitation, and especially issues of coerced pornography filming, arose in Japan. This article describes the history of this movement as it mobilized to combat human rights violations perpetrated by the country’s pornographers. The movement’s success came not spontaneously or haphazardly; in fact, it was orchestrated earlier over a full decade-and-a-half by activists who persevered in researching and highlighting pornography’s harms in a civil environment of hostility, isolation and social derision, even among progressive groups and individuals. The Anti-Pornography and Prostitution Research Group (APP) was particularly prominent in this history. …


On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler Jan 2020

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes Nov 2019

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes Aug 2019

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …


Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans Aug 2019

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael Apr 2019

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond Mar 2019

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond Jan 2019

Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter Dec 2018

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …


The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen Apr 2018

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal of Analysis of Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.


Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters Mar 2018

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal of Analysis of Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.


The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson Feb 2018

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …


"We Aren't All The Same": The Singularity Of Reproductive Experiences Amidst Institutional Objectification In Argentina's Public Maternal Health Services, Sabrina S. Yañez Jan 2018

"We Aren't All The Same": The Singularity Of Reproductive Experiences Amidst Institutional Objectification In Argentina's Public Maternal Health Services, Sabrina S. Yañez

Journal of Feminist Scholarship

Reproductive health services in Argentina are organized in ways that depersonalize, standardize, and fragment women’s bodies and lives. Alternatively, women’s accounts of their pregnancy, birth, and postpartum experiences reveal many nuances and moments of dislocation between experience and language: their immersion in social and material conditions; traces of ambivalence and contradiction; moves between continuity and fragmentation; density of lived time and space; and profound corporeal awareness. Guided by the methodological and conceptual premises of institutional ethnography, this article is a critical effort to explore experiential narratives as a means for apprehending what women perceive, need, and want during their reproductive …


Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren Jan 2018

Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren

Journal of Feminist Scholarship

One of the most pressing characteristics of the neoliberal restructuring of academia, together with increased managerialism, performativity measures, and a “customer service” approach, is the casualization or precarization of academic work. Casualization entails a fragmentation of academic work, where academics are forced to move between workplaces on hourly-paid and fixed-term contracts, often doing their job without access to resources such as an office, training, or paid research time. While a number of feminist scholars have investigated the ways in which feminist academics negotiate the ever-increasing mechanisms of individualization, ranking, and auditing of their work, this article focuses on the precarious …


Just Like Us: Elizabeth Kendall’S Imperfect Quest For Equality, Kate Rose Jan 2018

Just Like Us: Elizabeth Kendall’S Imperfect Quest For Equality, Kate Rose

Journal of Feminist Scholarship

This essay analyzes United States academic Elizabeth Kendall’s 1913 travelogue A Wayfarer in China through the lenses of gender and criticism of imperialism. In China, Kendall sought to transcend social norms while reflecting empathetically, though sometimes contradictorily, on the lives of the people she encountered. In her travelogue, Kendall is exploring China’s wild areas but also the metaphysical, untamed space beyond conventions in a quest for gender equality and cultural autonomy. She also defends Chinese immigrants in the US at a time of overwhelming anti-Asian prejudice.