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- Burman, Monica, 1962-
(författare)
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Immigrant Women Facing Male Partner Violence - Gender, Race and Power in Swedish Alien and Criminal Law
- 2012
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Ingår i: feminists@law. - 2046-9551. ; 2:1, s. 1-26
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Tidskriftsartikel (refereegranskat)abstract
- This article deals with the ways in which gender and race are recognized and addressed in Swedish criminal and alien law with reference to men’s violence against women with insecure residency. It offers an analysis of Swedish preparatory works and case law which seeks to unmask and problematize intersecting power structures and discourses in law. The analysis shows that a perspective on men’s violence against women as related to gender and power to some extent has been implemented in and had significant effects on criminal law, while the significance of race and racism has not been properly acknowledged. Swedish alien law is blatantly lacking in an understanding both in terms of gender power relations and of the ways in which men’s violence against women can be racialized or culturalized. The main conclusion is that there are significant processes of ‘othering’ abused women in both legal areas, but especially in alien law where abused migrant women are constructed as unwanted in the Swedish society when no longer fulfilling their function as men’s partners. The author argues that the notions that men’s violence against women always harms women and is about the assertion of power and control over women should be placed at the centre of an intersectional approach to law and policy. Such an approach will hopefully contribute to counteract current Swedish problems associated with a simplified approach to gender, race and men’s violence against women.
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| 2. |
- Nilsson, Eva, 1963-
(författare)
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Persecution on account of one’s gender : refugee status or status quo?
- 2012
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Ingår i: feminists@law. - 2046-9551. ; 2:1
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Tidskriftsartikel (refereegranskat)abstract
- The subject of this paper is women experiencing male partner violence and the determination of refugee status. My central point of departure is the changes that were made in the Swedish Aliens Act in 2006 concerning the definition of ‘refugee’, which inter alia states that persecution on account of a person’s gender should be included within the definition. The changes came into force at the same time as the new Aliens Act which was introduced in order to strengthen the ‘rule of law’ in migration matters. The objective of this article is to analyse the premises for these changes. The conclusion is that the changes are gender biased and marked by ‘othering’ mechanisms and underlying racism. The conclusion is also that many of these women, as a consequence of the constructions in the legislation, are exposed by the Swedish migration authorities to such institutionalized violence ‘on account of gender’ that would have been a basis for refugee status if it had been the authorities in their homeland that had exposed them to it. The reason for this is that the ‘special’ character of migration law rests upon demands other than those usually required by the ‘rule of law’, limiting the possibilities for change. However, maintaining the ‘rule of law’ also means exclusion for women seeking asylum. With or without the rule of law, it seems ongoing exclusion is the keyword for women in this branch of law.
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| 3. |
- Pettersson, Andreas, 1973-
(författare)
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Power and Normality in Paratransit : Individual Autonomy in Welfare State Law
- 2012
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Ingår i: feminists@law. - Canterbury : Kent Law School. - 2046-9551. ; 2:1, s. 1-20
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Tidskriftsartikel (refereegranskat)abstract
- This article focuses on power structures that define and conceptualize individuals with disabilities and their claims for transport services in Swedish welfare state law. In the Nordic countries people often expect the government to be both an important ally and a necessary tool for egalitarian emancipation. In many respects the Nordic welfare states are success stories where collective efforts have created a more egalitarian and economically prosperous society. Relative equality and emancipation are never static factors, however; every system creates new challenges and new injustices which add to the old. This article uses the right of people with disabilities to move about in society with the help of special transport services as an empirical example. The right to decide when and where to go where you want to go highlights immediate and important aspects of power relations. In the context of Swedish welfare state law this also creates an opportunity to show how law in the welfare state operates and how law constructs both people and their needs to fit into preconceived patterns of normality and citizenship in the Swedish welfare state. The terms redistribution and recognition are used to illustrate different aspects of social justice. Misrecognition can be understood as a status in society where cultural patterns systematically subordinate people, a situation experienced by many persons with disabilities. At the core of recognition lies parity of participation on equal terms with everybody else. The conclusion of the article is that the law on special transport services is quite capable of reaffirming social justice viewed as redistribution. However, when social justice is viewed as recognition people’s lack of power over daily life decisions makes the law quite oppressive.
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| 8. |
- Yttergren, Åsa, 1966-
(författare)
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Swedish Gender Equality for Trafficked Women? : Radical Official Remedies and Ethnic Otherness
- 2012
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Ingår i: feminists@law. - : University of Kent. - 2046-9551. ; 2:1, s. 1-27
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Tidskriftsartikel (refereegranskat)abstract
- The article provides an overview of the official Swedish attitude towards trafficking in persons for sexual purposes, places this view in an international context, and also critically analyzes problems that arise when the Swedish objective of establishing gender equality both nationally and internationally is confronted with the issue of women who have been trafficked to Sweden. The analysis covers the standpoint of the Swedish parliament expressed through legislation and other official documents regarding both criminal and migration law. It demonstrates that the Swedish position regarding trafficking is closely bound up with its understanding of prostitution which is conceptualized as an extreme expression of gender inequality. It moves beyond the polarized international positions of abolishing prostitution or normalizing it by addressing men’s demand for paid sex by the criminalization of the purchasing of sexual services, since demand for sex is regarded as the basis of both prostitution and trafficking. The main conclusion is that the aspiration for gender equality seems first to include Swedes in the Swedish context and secondly other ethnicities within their own native countries. In contrast, women trafficked to Sweden are constructed as “others” who do not fit into either of these categories. The emphasis in the context of women trafficked to Sweden is on combating transnational, organized crime, and in consequence gender equality is no longer a priority: the situation of these women perceived as non-Swedes or ethnically ‘other’ is therefore regarded as some other state’s problem.
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