Posted in Domestic violence, Human rights, Rape, sexual assault & harassment, Reproduction & parenthood, tagged abortion, academic, activism, Article 8 European Convention on Human Rights, domestic violence, feminism, feminist activism, human rights, Ireland, rape, reproductive autonomy, sexual assault, sexual violence on June 5, 2013 |
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Helen Fenwick is a Professor of Law at Durham Law School. This post is also published at Human Rights in Ireland.
This post concentrates on Article 8 ECHR to argue that it can be viewed as sympathetic to feminist goals since, due to its particular ability to impose positive obligations on the state in relation to creating respect for private or family life, it can require the state to create curbs on the actions of non-state actors particularly adverse to women (eg. in relation to domestic violence: Hajduova v Slovakia) and ensure the efficacy of services that women in particular might need to access, such as to abortion (P&S v Poland). Women are, it is argued, more at risk than men from the actions of non-state actors within the private and family sphere (see intervention of Equal Rights Trust in Eremia and Others v Moldova on this point), so Article 8 has a particular pertinence for women, and unlike Article 14 (the guarantee of freedom from discrimination), which has not proved to have a strong impact as a means of advancing the interests of women due to its reliance on furthering formal equality (see eg Dembour Who Believes in Human Rights, Ch 7), Article 8 can address the substantive concerns of women, without the need for any reliance on a comparator.
Other ECHR Articles are also relevant. Article 3 would also support recognition of positive obligations, (see McGlynn, Clare (2009) ‘Rape, torture and the European convention on human rights’ ICLQ 58 (3)) including in the contexts considered below, although the harm threshold is obviously high. Article 8 currently may be the gateway to Article 14, the freedom from discrimination guarantee (bearing in mind that the UK has not ratified Protocol 12). In other words, if Article 8 is engaged but no violation is found, a violation of Article 14 might nevertheless be found of the two read together (Van Raalte v Netherlands).
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Posted in Criminal law, Pornography & sex shops, tagged academic, activism, BDSM, CJIA 2008, Criminal Justice and Immigration Act 2008, extreme pornography, feminism, gender, law reform, legal regulation of pornography, pornography, Possession, rape, s63 on May 21, 2013 |
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Erika Rackley and Clare McGlynn (Durham University) have written widely on extreme pornography. You can read more about their research here and here.
In May 2008, following a 3 year period of extensive consultation and against a backdrop of significant and predominantly critical public debate, a new offence criminalising the possession of extreme pornography received its Royal Assent. The Government’s purpose in introducing the new law was to address an ‘increasing public concern’ about the availability of extreme pornography particularly that produced outside the UK and distributed via the internet which lay beyond the reach of the Obscene Publications Act 1959. It did so by shifting the focus from the producers to consumers – targeting the users of pornographic material by enabling prosecutions to be brought, for the first time, against anyone downloading, and therefore generating the demand for, such material.
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Posted in Criminal law, Pornography & sex shops, tagged #EP5, academic, activism, Criminal Justice and Immigration Act 2008, extreme pornography, feminism, feminist activism, gender, law reform, pornography, s63, storify on May 20, 2013 |
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Welcome to Inherently Human’s Blog Carnival, ‘Criminalising Extreme Pornography: Five Years On’.
This Blog Carnival follows from the ‘Criminalising Extreme Pornography: Five Years On’ seminar which took place on 8th May 2013 at Durham University, marking five years since the passage of legislation criminalising the possession of extreme pornography. The seminar brought together academics, activists, policy-makers and other regulatory authorities to evaluate the success or failure of the legislation and to ask what, if any, reforms are necessary to secure progress toward this objective. Delegates were encouraged to tweet using the hashtag #EP5 (more…)
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