Transitional Justice

Gender in Transitional Justice

Citation:

Buckley-Zistel, Susanne, and Ruth Stanley, eds. 2011. Gender in Transitional Justice. New York: Palgrave Macmillan.

Authors: Susanne Buckley-Zistel, Ruth Stanley

Abstract:

"'Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.'--Publisher's website" (WorldCat).

Annotation:

Table of Contents:

Introduction: gender in transitional justice / S. Buckley-Zistel & M. Zolkos  

Retributive justice and gender justice. The role of the ICC in transitional gender justice: capacity and limitations / L. Chappell

Gendered under-enforcement in the transitional justice context / F.D. Ní Aoláin

Neglected crimes: the challenge of raising sexual and gender-based crimes before the extraordinary chambers in the courts of Cambodia / S. Studzinsky

Transitional justice and social change. Continuities of violence against women in South Africa: the limitations of transitional justice / R. Sigsworth & N. Valji

Transitioning to what? transitional justice and gendered citizenship in Chile and Colombia / C.O'Rourke

Potentials and limits of agency. Asserting their presence! women's quest for transitional justice in post-genocide Rwanda / R. Mageza-Barthel

How sexuality changes agency: gay men, Jews, and transitional justice A.von Wahl  

Politics of justice and reconciliation. Gender-inclusivity in transitional justice strategies: women in Timor-Leste / E. Porter

Frau Mata Hari on trial: seduction, espionage and gendered abjection in reunifying Germany / M. Zolkos

Transitions to justice / N. Dhawan.

Topics: Gender Analysis, Transitional Justice, Post-Conflict, Human Rights, Women's Rights

Year: 2011

Women at the Margins of International Law: Reconceptualizing Dominant Discourses on Gender and Transitional Justice

Citation:

Vijeyarasa, Ramona. 2013. “Women at the Margins of International Law: Reconceptualizing Dominant Discourses on Gender and Transitional Justice.” The International Journal of Transitional Justice 7 (2): 358–69.

Author: Ramona Vijeyarasa

Topics: Women, Gender Analysis, International Law, Transitional Justice

Year: 2013

Who are you for? Women, Children and Hierarchies of Power

Citation:

Stovel, Laura, "Who are you for? Women, Children and Hierarchies of Power" In Long Road Home: Building Reconciliation and Trust in Post-War Sierra Leone, (Portland: Intersentia, 2010).

Author: Laura Stovel

Topics: Gender, Women, Transitional Justice, TRCs, Peacebuilding, Post-Conflict Regions: Africa, West Africa Countries: Sierra Leone

Year: 2010

The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations

Citation:

Rubio-Marín, Ruth, ed. 2009. The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations. New York: Cambridge University Press.

Author: Ruth Rubio-Marín

Abstract:

"'Reparations programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes. Given that women represent a very large proportion of the victims of these conflicts and the authoritarianism generating them, and that women arguably experience conflicts in a distinct manner, it makes sense to examine whether reparations programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict." "Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, The Gender of Reparations gathers information about how past or existing reparations projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations.'--Jacket" (WorldCat).

Annotation:

Table of Contents:

1. Gender and violence in focus : a background for gender justice in reparations / Margaret Urban Walker --

2. The gender of reparations in transitional societies / Ruth Rubio-Marín --

3. Reparation of sexual and reproductive violence : moving from codification to implementation / Colleen Duggan and Ruth Jacobson --

4. Reparations as a means for recognizing and addressing crimes and grave rights violations against girls and boys during situations of armed conflict and under authoritarian and dictatorial regimes / Dyan Mazurana and Khristopher Carlson --

5. Repairing family members : gross human rights violations and communities of harm / Ruth Rubio-Marín, Clara Sandoval, and Catalina Díaz --

6. Tort theory, microfinance, and gender equity convergent in pecuniary reparations / Anita Bernstein --

7. Gender, memorialization, and symbolic reparations / Brandon Hamber and Ingrid Palmary --

8. Gender and collective reparations in the aftermath of conflict and political repression / Ruth Rubio-Marín

Topics: Women, Gender Analysis, Reparations, Transitional Justice, Post-Conflict, Human Rights, Sexual Violence

Year: 2009

Traditional justice and legal pluralism in transitional context: The case of Rwanda's Gacaca Courts

Citation:

Nagy, Rosemary, "Traditional justice and legal pluralism in transitional context: The case of Rwanda's Gacaca Courts," in Reconciliation(s): Transitional Justice in Postconflict Societies, ed. Joanna R. Quinn (Montreal: McGill-Queen's University Press, 2009).

Author: Rosemary Nagy

Topics: Gender, Women, Justice, Impunity, International Tribunals & Special Courts, Transitional Justice, Post-Conflict, Sexual Violence Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2009

These Spaces in Between: The Afghanistan Independent Human Rights Commission and Its Role in Transitional Justice

Citation:

Sajjad, Tazreena. 2009. “These Spaces in Between: The Afghanistan Independent Human Rights Commission and Its Role in Transitional Justice.” International Journal of Transitional Justice 3 (3): 424–44. doi:10.1093/ijtj/ijp020.

Author: Tazreena Sajjad

Abstract:

National human rights institutions (NHRIs) play an instrumental role in defining the human rights culture of their respective countries through their monitoring function, auditing laws, instituting human rights education and making recommendations to governments to improve human rights conditions. In countries that have experienced large-scale human rights atrocities, NHRI mandates sometimes include working to establish processes to seek accountability for war crimes. The involvement in transitional justice matters raises a new set of challenges for these institutions regarding their independence, their role in creating space for local voices and their capacity to serve as a bridge between the government and national and international actors. Using as a case study the experience of the Afghanistan Independent Human Rights Commission (AIHRC), the author identifies several key areas within which this particular NHRI has had to negotiate the tensions between the political and the legal, and the local and the international. A close examination of each of these areas reveals the common challenges NHRIs face in taking on a transitional justice mandate, as well as the particular strengths and limitations of the AIHRC and its creativity and resolve in working in extremely difficult circumstances to seek accountability for the past.

Topics: Impunity, Transitional Justice, Post-Conflict, Rights, Human Rights, Women's Rights Regions: Asia, South Asia Countries: Afghanistan

Year: 2009

Missionary Zeal for a Secular Mission: Bringing Gender to Transitional Justice and Redemption to Feminism

Citation:

Nesiah, Vasuki. 2011. "Missionary Zeal for a Secular Mission: Bringing Gender to Transitional Justice and redemption to Feminism." In Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance, ed. Sari Kouvo and Zoe Pearson, 137-159. Portland, Or: Hart. 

Author: Vasuki Nesiah

Topics: Feminisms, Gender, Justice, Transitional Justice, Religion

Year: 2011

Invigorating Democracy in Turkey: The Agency of Organized Islamist Women

Citation:

Aksoy, Hürcan Aslı. 2015. “Invigorating Democracy in Turkey: The Agency of Organized Islamist Women.” Politics & Gender 11 (01): 146–70. doi:10.1017/S1743923X1500001X.

Author: Hürcan Aslı Aksoy

Abstract:

The Islamist Justice and Development Party (Adalet ve Kalkınma Partisi, henceforth AKP) came to power in 2002 with the promise of consolidating democracy and strengthening civil society to further Turkey's bid to join the European Union (EU). To this end, in its first term in the parliament (2002–2007), the AKP implemented a set of political reforms that lifted the restrictions on political and civil rights such as the freedom of assembly, associations, and expression and improved the rule of law (Kubicek 2005; Müftüler-Baç 2005). The AKP, as it has promised in its election campaigns, also engaged civil society into policy-making processes. In the initial years of the AKP, diverse civil society actors gathered on broad civil society platforms and worked with the AKP government to consolidate Turkish democracy (Keyman 2010; Kubicek 2005). Although the Islamist segments of civil society began to integrate into the secular political sphere and to voice their demands more freely, Islamist women's civil society organizations (CSOs) have not fully benefited from this transforming political atmosphere under the AKP.

Topics: Civil Society, Democracy / Democratization, Gender, Women, Transitional Justice, Political Participation Regions: Africa, MENA, Asia, Europe, Southern Europe Countries: Turkey

Year: 2015

Feminist Research in Transitional Justice Studies: Navigating Silences and Disruptions in the Field

Citation:

Simic, Olivera. 2016. “Feminist Research in Transitional Justice Studies: Navigating Silences and Disruptions in the Field.” Human Rights Review 17 (1): 95–113.

Author: Olivera Simic

Abstract:

This paper will analyse what it takes to conduct feminist and sensitive research in countries that have seen mass human rights violations. Transitional justice research involves critical examination of difficult topics which raises a number of ethical and methodological issues for both the participants and the researchers. Although empirical research has been a facet of the studies produced in the field, researchers' accounts of undertaking research in often politically sensitive environments is largely missing from published books and research reports. This paper is informed by personal experiences of doing research in wartime rape in the ethnically and politically divided country of Bosnia and Herzegovina. I argue that the researcher's profile and positionality directly affects the fieldwork and that fieldwork is a dialogical process which is structured by the researcher and the wider political processes in the country.

Keywords: feminist research, sensitive topics, personal reflections, transitional justice

Topics: Feminisms, Gender, Justice, Transitional Justice, Rights, Human Rights, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2016

Engendering Transitional Justice: a Transformative Approach to Building Peace and Attaining Human Rights for Women

Citation:

Lambourne, Wendy, and Vivianna Rodriguez Carreon. 2016. “Engendering Transitional Justice: A Transformative Approach to Building Peace and Attaining Human Rights for Women.” Human Rights Review 17 (1): 71–93.

Authors: Wendy Lambourne, Vivianna Rodriguez Carreon

Abstract:

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.

Keywords: gender, women's rights, sexual violence, transitional justice, peace building, transformative justice

Topics: Gender, Women, Gendered Power Relations, Patriarchy, Justice, Transitional Justice, TRCs, Peacebuilding, Rights, Human Rights, Women's Rights, Sexual Violence, Violence

Year: 2016

Pages

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