Violence against women, rights and justice: a criminological perspective

Abstract

Violence against women is increasingly conceptualised as a human rights violation with women’s rights seen as part of a proposed social solution to violent relationships. This solution relates both to legal interventions and to a pedagogical theme of inculcating a respect for human rights that might discourage such violence. Taking a criminological perspective the article asks the question, can justice for women be delivered through such human rights approaches? The paper examines the tensions between cultural discourses on gender and violence and a universal discourse of human rights. Through the exploration of a sensitising case on rape, it analyses the conflicts and dilemmas provoked in the construction of gender difference and cultural difference. The paper finds that women’s rights, whilst important, are only a partial site for improving justice for women. A shift in focus is needed towards studying the role of culture and the performance of masculinity in relation to gender violence.