27 research outputs found

    The State, the UDHR, and the Social Construction of Family in Human Rights: The Case of the Scarborough 11

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    The Universal Declaration of Human Rights (UDHR) (UN 1947:34) declares in Article 16(3) that “the family is the natural and fundamental group unit of society and is entitled to the full protection by society and the state.” However, the UDHR does not define family, but rather presumes it is defined by traditional heteronormative marriage in a nuclear family. The failure of the UDHR to consider a more expansive view of family leaves the definition of family centrally in the hands of the state, and affects the ability of all but traditional nuclear family forms to access other human rights. We add to the scholarship on the role of the state in defining and maintaining family and family inequality through an examination of the case of the Scarborough 11, an intentional family sued by the city of Hartford, CT for violations of residential zoning ordinance based on family. This case challenges hegemonic constructions of family and illustrates the limits of the UDHR to protect all families. The case demonstrates the importance of the related questions: 1) how legal definitions of family create the capacity for local residents to understand non-nuclear families living among them, 2) whether the end-goal of this problem should be to expand the state’s definition of family or remove that power from the state in total (a question of reform vs. abolition) and, 3) what might a case concerning white middle-class professionals’ struggles to thrive tell us about boundary maintenance and the struggles of the poor to survive

    Understanding How University Students Use Perceptions of Consent, Wantedness, and Pleasure in Labeling Rape.

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    While the lack of consent is the only determining factor in considering whether a situation is rape or not, there is sufficient evidence that participants conflate wantedness with consent and pleasurableness with wantedness. Understanding how people appraise sexual scenarios may form the basis to develop appropriate educational packages. We conducted two large-scale qualitative studies in two UK universities in which participants read vignettes describing sexual encounters that were consensual or not, wanted or unwanted and pleasurable or not pleasurable. Participants provided free-text responses as to whether they perceived the scenarios to be rape or not and why they made these judgments. The second study replicated the results of the first and included a condition where participants imagined themselves as either the subject or initiator of the sexual encounter. The results indicate that a significant portion of our participants held attitudes reflecting rape myths and tended to blame the victim. Participants used distancing language when imagining themselves in the initiator condition. Participants indicated that they felt there were degrees of how much a scenario reflected rape rather than it simply being a dichotomy (rape or not). Such results indicate a lack of understanding of consent and rape and highlight avenues of potential educational materials for schools, universities or jurors

    Narrative approach to understand people's comprehension of acquaintance rape: The role of Sex Role Stereotyping

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    One of the most unreported crimes is acquaintance rape. This may be the result of people's understanding of what rape is because of their rape script and their stereotypes of victim characteristics. These judgements may be moderated by sex role stereotyping (SRS). We utilised a narrative approach to understand low and high SRS participants' rape scripts. Young-adult participants described what they believed a typical rape was, followed by describing an acquaintance rape and then what they believed the stereotypical victim of each crime would be. A narrative analysis was conducted on the data. We found that the blitz script is still held by 44% of low SRS and 47% of high SRS people despite 90% of rapes being committed by an acquaintance. While acquaintance rape scripts existed, the emotional imagery and content of these depended on participants level of SRS. Stereotypical victim characteristics also depended on SRS: those with high SRS were more likely to endorse rape myth ideals in describing victims than those with low SRS. These results have implications for educating people about what rape is so that victims might feel more confident in reporting rape

    State Projects/Daily Life: Negotiating Non-Monogamies

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    The State, the UDHR, and the Social Construction of Family in Human Rights: The Case of the Scarborough 11

    No full text
    The Universal Declaration of Human Rights (UDHR) (UN 1947:34) declares in Article 16(3) that “the family is the natural and fundamental group unit of society and is entitled to the full protection by society and the state.” However, the UDHR does not define family, but rather presumes it is defined by traditional heteronormative marriage in a nuclear family. The failure of the UDHR to consider a more expansive view of family leaves the definition of family centrally in the hands of the state, and affects the ability of all but traditional nuclear family forms to access other human rights. We add to the scholarship on the role of the state in defining and maintaining family and family inequality through an examination of the case of the Scarborough 11, an intentional family sued by the city of Hartford, CT for violations of residential zoning ordinance based on family. This case challenges hegemonic constructions of family and illustrates the limits of the UDHR to protect all families. The case demonstrates the importance of the related questions: 1) how legal definitions of family create the capacity for local residents to understand non-nuclear families living among them, 2) whether the end-goal of this problem should be to expand the state’s definition of family or remove that power from the state in total (a question of reform vs. abolition) and, 3) what might a case concerning white middle-class professionals’ struggles to thrive tell us about boundary maintenance and the struggles of the poor to survive
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