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文獻速遞(2024年4-6月)

Literature Database (Apr-Jun 2024)

更新和匯總近期出版的平等權領域學術研究和實務報告

Update and compilation of recent academic research and reports in the area of equality rights

Women’s Rights 婦女權利

Women’s Rights 婦女權利

Analysis of Gender-based Violence in the Context of the Sustainable Development Goals

Pilar Guaita-Fernández, José María Martín Martín, Samuel Ribeiro Navarrete, Rosa Puertas
Sustainable Development (Early review)

Abstract:

Through the 2030 Agenda, international bodies have set out 17 highly interconnected Sustainable Development Goals (SDGs) to set course for the equitable and just development of society. SDG5 seeks to empower women and girls as a way of guaranteeing their fundamental rights, which are sometimes violated by the physical superiority of men who exercise their power by undermining women's freedoms. This study aims to analyse the connection between SDG1, SDG3, SDG8 and SDG11, and the protection of women, identifying the lines of action needed to favour access to justice for victims of gender-based violence. The study was carried out on a panel sample of the 17 Spanish Autonomous Regions over a decade (2012–2021), using the generalised method of moments, specifically the xtabond2 estimator. Development was carried out in two stages: (1) the measures implemented by the Spanish authorities and the quality of life of the population were analysed, (2) six representative dimensions of quality of life associated with different targets of the SDGs were studied. Both scenarios were designed with the common objective of determining their impact on reporting to the police. The results show the need to reinforce protection orders, as well as to put in place the necessary measures to improve women's quality of life in order to attain a violence-free society. Specifically, education, economic stability, mental and physical health, and work must be enhanced. In short, socio-economic policies should be oriented towards the creation of a climate of security that favours access to justice for battered women.

Sustainable Development Goals and Gender Equality: A Social Design Approach on Gender-Based Violence

Raquel Lima, Graça Guedes
Sustainability (Basel, Switzerland), 2024-01, Vol.16 (2), p.91

 

Abstract:

Gender equality is a central human aspect of the Sustainable Development Goals. Among its multiple and complex issues, this research highlights gender-based violence as a domain that affects women’s empowerment and the guarantees of an effective equality on numerous levels. To address such a complex structure, which perpetuates inequalities between men and women, generating multiple effects and jeopardising social changes, social design can provide contributions on cultural and social levels. To achieve social systemic changes, one needs to activate profound cultural transformations. Thus, how can we change culture without rejecting the need to empower women and promote equality? The Montréal Design Declaration (2017) recognised social design’s potential to achieve the Sustainable Development Goals (SDG), to contribute to global challenges, and to accept a calling for stakeholders’ integration and agency promotion. This review explores how social design can provide contributions with regard to SDG5 and gender-based violence, presenting relevant domains that actively contribute to cultural transformation to address interventions in this systemic phenomenon.

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Gender-Based Violence in the Global South: Ideologies, Resistances, Responses, and Transformations

Editor: Ramona Biholar, Dacia L. Leslie

February 26, 2024, Routledge

 

Abstract:

This book brings together a diverse range of scholars and practitioners working at the nexus of peace and development to reflect, at the mid-way point of the Sustainable Development Goals implementation period, what impact Goal 16 has made, or may yet make, toward reducing violence in ‘all its forms. Adopted in 2015, the Sustainable Development Goals include 17 objectives designed to shape and direct the global development agenda through to 2030, with Goal 16 aiming to promote ‘peaceful and inclusive societies for sustainable development.’ Amidst an ongoing global pandemic, evidence of a fracturing liberal international order, and the persistence of seemingly intractable conflict in large parts of the world, this volume takes stock of current progress toward providing access to justice and ensuring inclusive and democratic institutions. Across 15 chapters, the book’s contributors explore the universal aspirations of Goal 16 and its specific implications for conflict-affected states, which continue to experience ‘development in reverse,’ and for historically marginalized groups such as women, youth, the disabled, and indigenous peoples. In doing so, it offers a comprehensive assessment of Goal 16’s broader contribution to the creation of a more just, peaceful world against the realities of societies emerging from the COVID-19 pandemic and grappling with a deepening climate crisis.

Sustainable Development Goal 16 and the Global Governance of Violence: Critical Reflections on the Uncertain Future of Peace

Editor: Timothy Donais, Alistair D. Edgar, Kirsten Van Houten
August 9, 2023, Routledge

 

Abstract:

This book brings together a diverse range of scholars and practitioners working at the nexus of peace and development to reflect, at the mid-way point of the Sustainable Development Goals implementation period, what impact Goal 16 has made, or may yet make, toward reducing violence in ‘all its forms. Adopted in 2015, the Sustainable Development Goals include 17 objectives designed to shape and direct the global development agenda through to 2030, with Goal 16 aiming to promote ‘peaceful and inclusive societies for sustainable development.’ Amidst an ongoing global pandemic, evidence of a fracturing liberal international order, and the persistence of seemingly intractable conflict in large parts of the world, this volume takes stock of current progress toward providing access to justice and ensuring inclusive and democratic institutions. Across 15 chapters, the book’s contributors explore the universal aspirations of Goal 16 and its specific implications for conflict-affected states, which continue to experience ‘development in reverse,’ and for historically marginalized groups such as women, youth, the disabled, and indigenous peoples. In doing so, it offers a comprehensive assessment of Goal 16’s broader contribution to the creation of a more just, peaceful world against the realities of societies emerging from the COVID-19 pandemic and grappling with a deepening climate crisis.

Safe at home? Examining the extension of criminal penalties for marital rape in cross-national context, 1979–2013

Andrew P. Davis, Morgan Johnstonbaugh

March 27, 2024, Cambridge University Press (Online)

 

Abstract:

While sociologists have focused on the national adoption of public-sphere women’s rights such as the right to vote in elections or participate fully in economic matters, less work has examined the diffusion of private-sphere women’s rights, rights of women in the home. We address this gap by examining the cross-national adoption of laws that criminalize marital rape. Building on prior research that finds that women’s rights organizations and women’s rights focused treaties, we explore the cross-national determinants of the criminalization of marital rape. Using an event history analysis covering 131 countries from 1979 to 2013, we find support for the global institutionalist framework that contends that socialization into the global system and direct advocacy efforts of global organizations contribute to faster rates of criminalization of marital rape. Further, we suggest that these global institutionalist processes become amplified when they are focused by events that set the agenda for international organizations. Implications for world-society scholarship on the global adoption of women’s rights are further discussed.

The Limits of Consent: Sexual Assault and Affirmative Consent

Lisa Featherstone, Cassandra Byrnes, Jenny Maturi, Kiara Minto, Renée Mickelburgh, Paige Donaghy
November 12, 2023, Palgrave MacMilla

 

Abstract:

This open access book examines the ways that consent operates in contemporary culture, suggesting it is a useful starting point to respectful relationships. This work, however, seeks to delve deeper, into the more complicated aspects of sexual consent. It examines the ways meaningful consent is difficult, if not impossible, in relationships that involve intimate partner violence or family violence. It considers the way vulnerable communities need access to information on consent. It highlights the difficulties of consent and reproductive rights, including the use (and abuse) of contraception and abortion. Finally, it considers the ways that young women are reshaping narratives of sexual assault and consent, as active agents both online and offline. Though this work considers victimisation, it also pays careful attention to the ways vulnerable groups take up their rights and understand and practice consent in meaningful ways.

New Directions in Sexual Violence Scholarship: Law, Power and Chang

Editor: Kate Gleeson, Yvette Russell
May 30, 2023, Routledge

Abstract:

This edited collection brings together leading and emerging scholars in the important field of sexual violence scholarship. The last ten years have witnessed an international reckoning on sexual violence, typified in the mainstream imagination by the #MeToo movement, acknowledgement of the violence of university campus life, and the overdue recognition of the enduring harms of child sexual abuse. While the state has been forced to respond through law and other political processes, at times revealing its agility and at other times its archaic investment in the past, much of the real work responding to sexual violence and abuse has taken place within communities, and in the personal responses of the individuals writing the scripts of their experiences. This volume explores the nuances of these individual experiences and considers how they are shaped and reflected by intersecting axes of power including gender, race, class, age and able-bodied status. It reflects on law and law reform in the area and suggests new modes and frames through which to explain and understand sexual violence and institutional responses to it. Debates within this contested personal and political arena do not map onto longstanding binaries of liberal and radical feminism, nor conservative and progressive politics. This interdisciplinary volume traces that murky terrain and features some of the leading international scholars writing on sexual violence in English today.

China’s Pragmatic Approach to International Human Rights Law

Sida Liu, Yun Xian, Sitao Li
UC Irvine Journal of International, Transnational, and Comparative Law, Volume 9 (2024), Forthcoming

 

Abstract:

This article argues that China has adopted a pragmatic approach to international human rights law in the early 21st century, characterized by three main features: (1) pragmatic experimentation in the appropriation and modification of human rights norms; (2) selective decoupling of international and domestic human rights rules; and (3) divergent enforcement in the legislative and practical responses to various human rights issue areas. Contrasting the normative approach of the United States, which closely links human rights to democracy and the rule of law, China’s pragmatic approach is defined not only by the prioritization of social and economic rights over civil and political rights, as frequently shown by its critics, but also by the flexible applications of human rights rules in its lawmaking and enforcement. This approach permits significant gaps between “law on the books” and “law in action,” as well as between domestic rules and international law.

論"受虐婦女綜合症"的意義、局限及其在中國的接受 ——一個比較法的視角

郭曉飛,中國政法大學法學院
婦女研究論叢,2023年第6期

 

摘要:

本文通過對美國"受虐婦女綜合症"的分析,認為這個概念主要被用來打破陪審團關於性別與親密關係的刻板印象,用來證明被告合理確信自己面對緊迫的危險,需要進行自身防衛.它並沒有顛覆傳統法律教義,只是在既有的防衛學說中納入性別視角.同時,"受虐婦女綜合症"在事實維度上面臨科學視角的批評,在價值維度上面臨女性主義的批評.本文認為,中國需要進行批判性有選擇的借鑒.儘管中國在規範中並沒有出現"受虐婦女綜合症"這一概念,但無論是在實體法領域,還是在證據法領域,事實上已經部分接受了這一理論在刑事司法中的適用.中國應該用"受虐婦女社會調查報告"來代替"受虐婦女綜合症",這不但可以去除美國概念中的病理化效應,也可以更加全面的認識這一現象的複雜性,同時也與我國刑訴法中既有的"未成年人社會調查報告"具有一致性。

Disability Rights 身心障礙權利

Disability Rights 身心障礙權利

Toward a designated pathway: Disabled students’ ambivalent educational desire in China’s national college entrance exam

Huang Shixin, He Jia, Xu Suqiong
2024, Journal of Diversity in Higher Education

 

Abstract:

A recent national policy in 2015 empowered disabled students to take the National College Entrance Exam with disability accommodation in China. The National College Entrance Exam is a standardized test that determines students’ eligibility for admission into mainstream higher education institutions. Although this policy advancement was an important step toward inclusive higher education in China, it failed to benefit disabled students from special schools, as they have continued to pursue higher education within the special education system over the years. This study aims to understand the higher education pathways of students with visual and hearing disabilities from special schools in China, as well as how disability education policies shape higher education pathways. Using a constructivist grounded theory approach, we conducted 24 in-depth interviews with disabled college students, teachers from special schools, and disability rights activists. Results of this study show that disabled students continue to find themselves trapped in a designated education pathway within the special education system. Because of an array of systematic disparities and institutional barriers in the special and mainstream education system, disabled students perceive the transition to the mainstream higher education system as being full of risks and uncertainty. In this process, the segregating and exclusionary practices of the special education system continue to confine the educational and employment opportunities of disabled students, reinforcing their marginality in higher education and the wider society.(PsycInfo Database Record (c) 2024 APA, all rights reserved).

 

 

 

Co-Producing access(ible) Knowledge: Methodological Reflections on a Community-Based Participatory Research

Shixin Huang, Jia He, Zhengqiang Jiang

International Journal of Qualitative Methods, 23.

 

Abstract:

This paper is a methodological reflection on a community-based participatory research (CBPR) project that used the photovoice method to unravel the educational experiences of disabled college students in China’s higher education institutions. Although CBPR endeavors to nurture equitable community engagement in research processes, there are practical challenges to address the full participation of people with divergent disabilities and access needs. Drawing upon the critical disability studies literature, and particularly upon the activist scholarship of disability justice that revolves around interdependency, collective access, and cross-disability solidarity, we provide an open discussion on the complexities, tensions, and challenges of envisioning and creating access for participants with different disabilities in a visuality-centered CBPR. Our findings suggest that access creation in CBPR should go beyond the checklist style of accommodation and instead be approached as relational, dynamic, and iterative processes that require ongoing reflection, (re)learning, and negotiation among researchers and participants. We implemented nonvisual photography to adapt to the visuality-centered bias in the photovoice method. Nonvisual photography empowered participants with visual disabilities to evoke multiple sensorialities in their photo-taking, displaying, and interpretation. Moreover, the participants without visual disabilities also learned and practiced collective access and interdependency through co-transforming the CBPR into an accessible space for all. The heterogeneity among participants with divergent disabilities and access needs challenged CBPR’s envisioning of a unified community with recognized commonalities. The inclusion of participants across disability groups created an opportunity for all participants to draw meaning from the ableist social and political circumstances that forged them as a community and to develop a sense of belonging and bonding in and through CBPR. In that light, disability justice and access should be reimagined and incorporated into CBPR.

Restrictive measure reduction in psychiatric wards: A snapshot of China's mental health law reform under the new era of disability rights convention

Bo Chen, Hao Yao

International Journal of Law and Psychiatry, Volume 93, 2024.

Abstract:

This article examines the reasons behind the limited impact of China's mental health law reform in 2013 on reducing the use of restrictive measures in mental health services, focusing on the analysis of case law from Chinese courts. The analysis of collected rulings from the official database indicates that Chinese courts have adopted a lenient approach in scrutinizing the application of restrictive measures. Furthermore, the interpretation and application of the provisions related to restrictive measures in the law have led to service providers being held liable in numerous cases for not implementing such measures. Based on these findings, the article offers policy recommendations.

Perceived discrimination among caregivers of children with disabilities in China: Unraveling the effects of social determinants

Ling Li Leng, Shixin Huang, Lin Gang Zhou
Social Science & Medicine, Volume 351, June 2024.

 

Abstract:

Purpose
Although discrimination has gained increasing attention in research and practice intervention for family caregivers of children with disabilities, little is known about the social determinants that associate with the perceived discrimination among caregivers, especially in non-Western contexts. This study aims to examine the socio-familial and child-level determinants of perceived discrimination among family caregivers of children with disabilities in China.
Method
This study drew from a population-based cross-sectional survey in Shenzhen, China. Proportional quota sampling was conducted to get data from 2500 family caregivers of children with disabilities in rehabilitation service centers (response rate = 94.9%, n = 2373), accounting for 25% of the total population of children with disabilities receiving service in Shenzhen. Latent profile analysis was conducted to categorize three perceived discrimination groups among caregivers (i.e., severe perceived discrimination group, moderate perceived discrimination group, and low perceived discrimination group). The multinomial logistic regression models were conducted to test the association between these social determinants and perceived discrimination.
Results
Most caregivers (82.9%) reported moderate or severe levels of perceived discrimination. Caregivers of children with moderate and severe impairments and children with mental and multiple disabilities were more vulnerable to perceiving severe social discrimination. Socio-familial characteristics, particularly the intersectionality between gender and employment, influence caregivers’ perceived discrimination.
Conclusion
Caregivers of children with disabilities experience pervasive social discrimination in contemporary urban China. Our study demonstrates that the social construction of disablism and the affiliate discrimination against family caregivers of children with disabilities is complex and multidimensional and depends upon the children's disability and the caregivers' socio-demographic characteristics.

Disability, Sexuality, and Gender in Asia: Intersectionality, Human Rights, and the Law

Edited by Zhang Wanhong, Bjørnstøl Elisabeth Perioli, Ding Peng, Gao Wei, Liu, Hanxu, Liu, Yijun 
2024, Routledge

 

Abstract:

This book introduces experiential knowledge of the intersectionality of disability, sexuality, and gender equality issues. Scholars and disabled persons’ organizations in different Asian countries such as China, Vietnam, Myanmar, Nepal, and Japan have contributed to the book. It is a preliminary introduction of the frontline practice of Asian disability activism and the experience of women and LGBTIQ people with disabilities. It presents the direct participation of disability advocates in mapping how both women with disabilities and LGBTIQ individuals with disabilities realize their rights such as identity, work rights, personal safety, and sexual rights. Studies presented here explore the experience of empowering diverse disability groups and advocating for equality and non-discrimination. It explains how to use the leverage of the Convention on the Rights of Persons with Disabilities (CRPD) for further human rights campaigns in a broader context for disadvantaged groups. This collection is the product of a participatory research project, which aims to increase the capabilities of local disabled persons’ organizations and NGOs in utilizing human rights laws and encourage dialogue and collaboration between academia, people with disabilities, and human rights advocates. It will be essential reading for academics, researchers, policy-makers, and campaign groups.

Social support and rights protection of disabled women in anti-trafficking in China

Yue Zhao, Huixian Fu
Disability & Society, Volume 39, 2024, Issue 2, Pages 512-51

 

Abstract:

In China, women with disabilities are one of the main victims of human trafficking against women. The victims of abducting crimes and the buyers are both concentrated in rural areas, which implicit profound social and cultural causes. Demographic and social-culture factors under the influence of patriarchal ideology and marriage squeeze have jointly caused the crimes, while China’s urbanization and poverty in rural areas deeply affected the lives of women with disabilities and protection against trafficking and other crimes. This study examines the influencing factors of trafficking in women in China and the inadequacies of social support and care for disabled women in anti-trafficking. Furthermore, this study recommends a set of countermeasures and suggestions on the aspects of social support and assistance for the prevention, timely rescue, and elimination of crimes.

LGBTQ+ Rights 性小眾權利

LGBT

Where the Rainbow Rises: The Strategic Adaptations of China’s LGBT NGOs to Restricted Civic Space

Xiaoyi Ren, Tianhan Gui
Journal of Contemporary China, Volume 33, 2024, Issue 145, Pages 101-119 

Abstract:

The past decade has witnessed a new trend towards restrictions and surveillance on civil society organizations in China, which seriously affected China’s grassroots LGBT NGOs. Based on a field study of Chinese grassroots LGBT NGOs, this article explores the coping strategies utilized by these organizations to survive in a restricted civic space. Empirical evidence shows these organizations adopting various tactics to obtain funding and legitimacy. Yet despite the undeniable agency of these LGBT NGOs, they are still restricted by institutional power. While scrupulously avoiding political risks, grassroots LGBT NGOs inevitably shifted away from rights advocacy missions to become service-oriented, depoliticizing and even distorting their agendas. Consequently, the intensifying restrictions and surveillance have invisibly but saliently reshaped the structures and practices of these NGOs.

Words like Water: Queer Mobilization and Social Change in China

Caterina Fugazzola

October 2023, Temple University Press

Abstract:

After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi, an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under authoritarian rule in recent 10 years. Words like Water explores the nonconfrontational strategies the tongzhi movement uses in contemporary China. Caterina Fugazzola analyzes tongzhi organizers’ conceptualizations of, and approaches to, social change, explaining how they avoid the backlash that meets Western tactics, such as protests, confrontation, and language about individual freedoms. In contrast, the groups’ intentional use of community and family-oriented narratives, discourses, and understandings of sexual identity are more effective, especially in situations where direct political engagement is not possible. Providing on-the-ground stories that examine the social, cultural, and political constraints and opportunities, Words like Water emphasizes the value of discursive flexibility that allows activists to adapt to changing social and political conditions.
 

Report  調查報告

Reports

《我們的故事》2024

我們與平權微信公號

摘要:

繼2019、2020、2022年三集以性騷擾、性別歧視、家庭暴力為主題的《我們的故事》發布後,「我們與平權」在今年4月推出了疫情中的我們(women)版本《我們的故事》,內容包含了21個親歷者的故事和作者自己對經歷的陳述。《故事》呈現了大家真實的經歷和感受,記述動蕩時期普通人的歷史,幫助對抗強制性遺忘,記住應該記住的東西。故事之外,「我們與平權」還根據收集到的453份關於女性疫情期間經歷的調查問卷,整理了一份中英雙語的數據分析報告。

《反家暴法》施行八周年監測報告

北京為平

摘要:

《中華人民共和國反家庭暴力法》施行8周年之際,北京為平婦女權益機構奉獻最新系列監測報告,監測時限下至2024年2月29日,希望勾畫中國反對家庭暴力的進展,瞭解存在的挑戰,提出對策建議,與社會各界共同促進婦女權益、家庭安全、社會和諧。監測報告共分5篇,包括概述、法規政策、案例、地方、媒體。

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