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1. Contextualising prejudice and 'hate' in Northern Ireland -- 2. Constructing 'acceptable victime' : violence, regulation and resistance -- 3. Playing sexual politics : overcoming criminalisation, conflict and condemnation -- 4. The moral maze : negotiating sexual and spiritual selves -- 5. A woman's worth : lesbian lives in Northern Ireland -- 6. Experiencing 'rebirth' : surviving sexual disallowance.
In England and Wales, legislation pertaining to hate crime recognizes hostility based on racial identity, religious affiliation, sexual orientation, disability or transgender identity. Discussions abound as to whether this legislation should also recognize hostility based on gender or misogyny. Taking a socio-legal analysis, the chapter examines hate crime, gender-based victimization and misogyny alongside the impact of victim identity construction, access to justice and the international nature of gendered harm. The chapter provides a comprehensive investigation of gender-based victimization in relation to targeted hostility to assess the potential for its inclusion in hate crime legislation in England and Wales.
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In: Journal of gender-based violence: JGBV, Band 3, Heft 2, S. 249-257
ISSN: 2398-6816
The Domestic Violence Disclosure Scheme (DVDS) aims to reduce harm through improving access to background information for people with concerns about a romantic partner's behaviour. This reduction is predicated on the disclosure recipient taking steps to ensure their safety, either by managing the situation or ending the relationship. As fewer than half of the thousands of annual applications result in disclosures, and no information is held about any subsequent steps taken by applicants or recipients, it is unclear whether or not the DVDS is actually reducing domestic violence. Nonetheless, Scotland and Northern Ireland have implemented their own variations of this policy, as have some Canadian and Australian states.
This policy analysis draws on empirical research into the DVDS in terms of its national and local operation in order to assess the strengths and limitations of its capacity to reduce harm. The analysis outlines how the policy may be difficult to access; deflect – rather than prevent – harm; shift safeguarding responsibilities onto the most vulnerable; and be incorrectly interpreted in terms of outcome. The paper makes recommendations for improvement in order to enhance the policy's efficacy.
In: Journal of gender-based violence: JGBV
ISSN: 2398-6816
The Domestic Violence Disclosure Scheme (DVDS) aims to reduce harm through improving access to background information for people with concerns about a romantic partner's behaviour. This reduction is predicated on the disclosure recipient taking steps to ensure their safety, either by managing the situation or ending the relationship. As fewer than half of the thousands of annual applications result in disclosures, and no information is held about any subsequent steps taken by applicants or recipients, it is unclear whether or not the DVDS is actually reducing domestic violence. Nonetheless, Scotland and Northern Ireland have implemented their own variations of this policy, as have some Canadian and Australian states.<br />This policy analysis draws on empirical research into the DVDS in terms of its national and local operation in order to assess the strengths and limitations of its capacity to reduce harm. The analysis outlines how the policy may be difficult to access; deflect – rather than prevent – harm; shift safeguarding responsibilities onto the most vulnerable; and be incorrectly interpreted in terms of outcome. The paper makes recommendations for improvement in order to enhance the policy's efficacy.<br />key messagesDomestic violence prevention policies which require active citizenship may be less effective at preventing victimisation.<br />The monitoring of outcomes following a DVDS application/disclosure is required.<br />Care needs to be taken to ensure engagement with the DVDS does not put people at a greater risk of harm.
The Republic of Ireland is under growing pressure to enact hate crime legislation in line with several of its European counterparts, including the UK. The island of Ireland is unusual in that Northern Ireland has had hate crime legislation in place for several years whilst across the border in the Republic, virtually no laws exist to recognise or address crimes based on prejudice or hostility. Useful and symbolic as it can be, criminalisation is often critiqued as warranting a criminal justice response to what may be social - and potentially preventable - issues. The prejudices which are integral to discerning a crime as being motivated by hostility are not innate; they must be somehow learnt and learnt in response to the socially constructed identity which they target. Alternative socio-political (or socio-cultural) approaches to address the prejudices informing hostility against lesbian, gay and bisexual (LGB) communities have focused on preventative awareness-raising, political engagement. Most recently, socio-political assimilation has been through enhanced legal rights on par with heterosexuals; gains made in relation to marriage equality, healthcare, parenting and employment (in some parts of the UK) are to be commended, yet prejudice remains. Even after a decade of hate crime law, the number of people victimised as a result of their sexual identity remains high and prosecutions low. This chapter evaluates the impact of heternormativity on socio-political and legislative approaches to LGB hate crime to evaluate the efficacy of such approaches in light of the context in which they are situated and what lessons can be imparted to those seeking to implement similar measures.
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Nils Christie's (1986) seminal work on the 'Ideal Victim' is reproduced in full in this edited collection of vibrant and provocative essays that respond to and update the concept from a range of thematic positions.
In: Palgrave Hate Studies
This study addresses the management of victims and victim policy under the Coalition government, in light of an increasing move towards neoliberal and punitive law and order agendas. With a focus on victims of anti-social behaviour and hate crime, Duggan and Heap explore the changing role of the victim in contemporary criminal justice discourses
With Foreword by Pamela Davies, Northumbria University, UK. The study of victims and victimization has evolved to produce more information about the effects and impacts of crime, as well as victims' experiences of engagement with the criminal justice system. This book analyses the socio-political context in which particular groups of victims have been prioritised by UK policy-makers in the past two decades as requiring enhanced or targeted services. Focusing on anti-social behaviour and hate crime, Duggan and Heap explore how separating victims according to victimization type allows for a targeted approach which benefits some and disadvantages others. They assess the extent to which certain forms of victimization, or demarcated groups of victims, have been used by governments to further punitive political agendas under the guise of being 'victim-focused' or 'victim-led'. In so doing, this book explores the changing role and status of the victim in contemporary criminal justice discourses, as well as the increased managerialism evident in facilitating victims' engagement in the broader criminal justice system.
This paper forms part of the Northern/Ireland Feminist Judgments Project. It comes in two parts: a feminist judgment and an accompanying commentary. The purpose of a Feminist Judgments Project is to rewrite the "missing" feminist judgments in significant legal cases. A driver of the methodology is to put feminist theory and critique into action, and to show how cases could have been reasoned and/or decided differently. The case in this chapter is a clinical negligence claim against a fertility clinic, which carelessly used the wrong donor sperm in a woman's IVF treatment (A and B (by C, their mother and next friend) v A (Health and Social Services Trust) [2011] NICA 28). The consequences of this mistake were that the children born from the fertility treatment had different skin colour to the woman and her husband, as well as each other. The claim was from the children, as the clinic settled out-of-court with the parents. Julie McCandless' feminist judgment deploys very different reasoning to the original court decisions, and in part reaches a different conclusion. Marian Duggan's commentary explains and problematizes the approach of the feminist judgment, as well as putting the broader identity issues signalled by the case in context.
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In: Chapter in Máiréad Enright, Julie McCandless and Aoife O'Donoghue (eds.) Northern/Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity (Hart Publishing, 2016), Forthcoming
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The phrase "the personal is political" is commonly associated with 1970s feminists, for whom it denoted the relationship between personal experiences and broad systems of inequality. However, considering bell hooks' argument that feminists have lost the power analysis fundamental to the relationship between the personal and the political, we assess the relevance of the notion the 'personal is political,' to our work as feminist criminologists. Building on hooks' insight, we argue there is a need to take up an intersectional and anti-racist feminist praxis that centers multiple forms of oppression in scholarship and seeks greater accountability for sexism, racism, and transphobia both within and beyond academic spaces. We elaborate our ideas by, first, outlining the intellectual history and evolution of feminist criminology. Second, we examine how the relationship between the personal and political figures in the work of minoritized scholars. Third, we discuss the necessary discomforts associated with working towards an intersectional and antiracist feminist criminology.
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In: Race and Justice: RAJ, Band 12, Heft 3, S. 548-568
ISSN: 2153-3687
The phrase "the personal is political" is commonly associated with 1970s feminists, for whom it denoted the relationship between personal experiences and broad systems of inequality. However, considering bell hooks' argument that feminists have lost the power analysis fundamental to the relationship between the personal and the political, we assess the relevance of the notion the 'personal is political,' to our work as feminist criminologists. Building on hooks' insight, we argue there is a need to take up an intersectional and anti-racist feminist praxis that centers multiple forms of oppression in scholarship and seeks greater accountability for sexism, racism, and transphobia both within and beyond academic spaces. We elaborate our ideas by, first, outlining the intellectual history and evolution of feminist criminology. Second, we examine how the relationship between the personal and political figures in the work of minoritized scholars. Third, we discuss the necessary discomforts associated with working towards an intersectional and antiracist feminist criminology.
Why has so much hate crime policy seemingly ignored academic research? And why has so much research been conducted without reference to policy? This book bridges the gap between research and policy by bringing together internationally renowned hate crime experts from the domains of scholarship, policy and activism. It provides new perspectives on the nature of hate crime victimisation and perpetration, and considers an extensive range of themes, challenges and solutions which have previously been un- or under-explored. In doing so, the book offers innovative ways of combating and preventing hate crime that combine cutting-edge research with the latest in professional innovations. Essential reading for students, academics and practitioners working across a range of disciplines including criminology, sociology and social policy, Responding to Hate Crime makes a clear and compelling case for closer and more constructive partnerships between scholars and policy makers