Gender Politics in Transitional Justice

Author: Catherine O'Rourke
Publisher: Routledge
ISBN: 1135983690
Format: PDF, ePub, Mobi
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What role do transitional justice processes play in determining the gender outcomes of transitions from conflict and authoritarianism? What is the impact of transitional justice processes on the human rights of women in states emerging from political violence? Gender Politics in Transitional Justice argues that human rights outcomes for women are determined in the space between international law and local gender politics. The book draws on feminist political science to reveal the key gender dynamics that shape the strategies of local women’s movements in their engagement with transitional justice, and the ultimate success of those strategies, termed ‘the local fit’. Also drawing on feminist doctrinal scholarship in international law, ‘the international frame’ examines the role of international law in defining harms against women in transitional justice and in determining the ‘from’ and ‘to’ of transitions from conflict and authoritarianism. This book locates evolving state practice in gender and transitional justice over the past two decades within the context of the enhanced protection of women’s human rights under international law. Relying on original empirical and legal research in Chile, Northern Ireland and Colombia, the book speaks more broadly to the study of gender politics and international law in transitional justice.

Gender in Human Rights and Transitional Justice

Author: John Idriss Lahai
Publisher: Springer
ISBN: 3319542028
Format: PDF
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This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces

Gender and Transitional Justice

Author: Susan Harris Rimmer
Publisher: Routledge
ISBN: 113527245X
Format: PDF, Kindle
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Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.

Women and Transitional Justice

Author: Lisa Yarwood
Publisher: Routledge
ISBN: 0415699118
Format: PDF, ePub, Mobi
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This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community’s post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women’s direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

The Law and Politics of Gender in Transition

Author: Catherine O'Rourke
Publisher:
ISBN:
Format: PDF
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This thesis examines feminist engagement with, and gendered outcomes of, transitional justice in Chile, Northern Ireland, and Colombia. The focus throughout is twofold. Firstly, the thesis examines the mobilization of women and feminists in each jurisdiction to influence legal change in transition. In particular, the definition of violence and injustice to be ended by transition articulated by feminist and women's organizations is explored. Secondly, doctrinal analysis examines provision for truth, justice, reparations and institutional reform in transition, in order to identify legal definitions of the violence and injustice to be ended by transition. The doctrinal analysis reveals the extent to which women's gender-specific experiences of violence and injustice are recognized and addressed by legal change in transition. Feminist and legal definitions of violence and injustice in transition are thereby juxtaposed. Analysis proceeds with particular attention to the legal treatment of violence against women and the legal regulation of women's reproductive lives. These two issues have been cited for priority concern in transnational feminist campaigning over the past two decades. Similarly, the international human rights legal framework has adapted considerably over the same period to provide express recognition of a range of rights women with respect to violence against women and women's reproductive lives. The cases under study involve a substantial temporal range: from the Chilean transition to democracy in 1990, to the more recent transition to non-violent conflict in Northern Ireland, to the contemporary process of transitional justice in Colombia. Analysis reveals the changing tapestry of international law underpinning gender and transition over this period, in respect of women's human rights, and more demanding standards of accountability for harms of the past. Further, analysis reveals how this evolving legal context has impacted the terms of feminist engagement with, and gendered outcomes of, legal change in transition. The thesis contends that, over the course of two decades, feminist and legal articulations of violence and injustice in transition have been brought closer together through feminist-informed developments in international human rights law. As the practice of transitional justice has expanded and become increasingly standardized through the influence of international law, feminist organizations have established themselves transnationally and locally as players in the design of legal change in transition. The thesis concludes by considering how feminist and legal understandings of violence and injustice to be ended by transition might be brought together more comprehensively, in a feminist law of transitional justice. However, the case studies reveal the added responsibility and potential costs of feminist engagement with transitional justice engendered by the emergence of feminist organizations as players in the negotiation of legal change in transition. In an increasingly complex political and legal landscape, the thesis ultimately concludes against a feminist legal template for transitional justice. Instead, the thesis proposes the feminist pursuit of justice in transition, and outlines four key principles to guide such engagement.

Gender in Transitional Justice

Author: S. Buckley-Zistel
Publisher: Springer
ISBN: 0230348610
Format: PDF, Mobi
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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.

Women and Transitional Justice

Author: M. Alam
Publisher: Springer
ISBN: 1137409363
Format: PDF, ePub, Docs
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How can transitional justice institutions provide due diligence to the lived experiences of women during war and violent political upheaval? How can transitional justice provide redress to women for harms suffered? How can transitional justice help transform unequal gender relations post-conflict? These are some of the difficult but urgent questions addressed in this unique study. Providing a compelling case for greater sensitivity towards the needs of women and increased efforts to promote women's participation in transitional justice initiatives, Alam presents theoretical and conceptual analysis alongside revealing case studies from Kenya and Bangladesh. The study offers descriptive, normative, and prescriptive value intended to improve the practice of transitional justice institutions and elevate the status of women in conflict-affected societies. This is a timely resource especially in light of the forthcoming 15th anniversary of UNSCR1325, and will appeal to a wide range of scholars and practitioners in Security, Peace, and Conflict Studies, International Law, and Gender Studies.

Transitional Justice

Author: Rosemary Nagy
Publisher: NYU Press
ISBN: 0814704972
Format: PDF, Mobi
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Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.

What Happened to the Women

Author: Ruth Rubio-Marín
Publisher: SSRC
ISBN: 0979077206
Format: PDF, Docs
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The first volume of the International Center for Transitional Justice's new Advancing Transitional Justice Series. Published with the support of the International Development Research Centre. What happens to women whose lives are transformed by human rights violations? What happens to the voices of victimized women once they have their day in court or in front of a truth commission? Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Nonetheless, reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations, argues for the introduction of a gender dimension into reparations programs. The volume explores gender and reparations policies in Guatemala, Peru, Rwanda, Sierra Leone, South Africa, and Timor-Leste.

Transitional Justice and Civil Society in the Balkans

Author: Olivera Simić
Publisher: Springer Science & Business Media
ISBN: 1461454220
Format: PDF, Mobi
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Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans are a region marked by the post-communist and post-conflict transitional turmoil through which its countries are going through. This volume is intended to provide a comprehensive introduction to research in transitional justice in this part of the world, mostly written by local scholars. Transitional justice is ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women’s groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives. Through specific case-studies, the unique contribution of this volume is not only that it covers a part of the world that is not adequately represented in transitional justice field, but also that the volume is the first project originally researched and written by experts and scholars from the region or in collaboration with international scholars.