Gender in criminal law and policy: Europe-wide perspectives

Session Submission Type: Pre-arranged Panel

Abstract

Criminal law and policy are affected by, and in turn affect, existing gender (in)equalities in society. The lack of effective protection by the law – including criminal law – against behaviours that disproportionately affect women is a longstanding problem in many societies. In light of their obligations under the Istanbul Convention, various European states have recently adapted or discussed adapting their domestic laws, policies and/or practices on gender-based violence and ‘femicide’, which traditionally have often been phrased in gender-neutral language. Such a ‘neutral’ legal stance is increasingly perceived unfit to adequately address behaviours that victimize women because of their place in society, caused by systematic social inequalities. What happens when the criminal law’s traditional neutrality is left behind, either in legislation or in policy and/or practice?
That seemingly neutral criminal laws, policies and practices can affect – even perpetuate – existing gender inequalities, can also be seen in criminal laws related to, but going beyond gender-based violence as such. For instance, since the inception of the #metoo movement and ensuing movements that aim to give voice to victims/survivors of sexual violence and harassment, there has been a rise in criminal (and civil law) defamation proceedings against persons accusing others of such behaviours. Thus, the state’s repressive apparatus is turned against those bringing accusations of victimisation.
This panel will encourage reflecting on the role for the criminal justice system to address systematic gender inequalities – also considering that the criminal justice system itself is often criticised for perpetuating other inequalities, including ethnic and socio-economic disparities. The panel will bring together criminal justice experts from Croatia, the Netherlands, North Macedonia and Spain, who will explore their respective criminal justice systems’ ways of dealing with the gender dimension in criminal law and policy.

Subtopic

• Topic 2: Types of Offending / Gender-Based Violence and Domestic Violence (Gender, Crime and Justice WG)

Chair

• Marloes van Noorloos, Leiden University

Individual Presentations

• ‘Call it by its Name’ – Introducing Femicide as a Separate Criminal Offence in Croatia - Maja Munivrana, Faculty of Law, University of Zagreb; Aleksandar Marsavelski, Faculty of Law, University of Zagreb

• Domestic abuse and femicide: a Dutch perspective - Ellen Gijselaar, Leiden University; Mojan Samadi, Leiden University

• Defamation proceedings against accusations of sexual misconduct: a Dutch case study in light of European human rights law - Marloes van Noorloos, Leiden University

• Femicide in Republic of North Macedonia (Legislative, criminological and sentencing policy aspects) - Aleksandra Gruevska Drakulevski, Ss. Cyril and Methodius University, Iustinianus Primus Law Faculty in Skopje; Aleksandra Deanoska Trendafilova, Professor, University Ss. Cyril and Methodius, Faculty of Law "Iustinianus Primus" - Skopje; Boban Misoski, Misoski, Faculty of Law "Iustinianus Primus" Skopje

• Credibility on Trial: An Empirical Analysis of Criminal Proceedings for Rape Crimes in Spain (2000-2019) - Irene de Lamo, Complutense University of Madrid.