As from January 2009, mayors in The Netherlands can impose a temporary restraining order on (potential) perpetrators of domestic violence in situations in which there is an immediate threat to victims and/or children. This restrains these (potential) perpetrators from entering their own house or contacting their partner and/or children for a period of 10 to 28 days. In this article, the law regarding these temporary restraining orders is explained and an overview of the first experiences with the actual implementation is given. The temporary restraining orders are an addition to the existing measures regarding domestic violence because they enable intervention before the violence has actually taken place or the situation escalates. In practice, however, the orders are frequently imposed after escalation of the situation, parallel to the arrest and possible persecution of the suspected perpetrator. Apparently, the orders provide a break from explosive situations, and the intensive form of professional help that those involved receive is a welcome addition, even in situations for which the order was not primarily designed. The first experiences show that aid is given quickly. They also show that more attention needs to be given to the content of this aid, to regional differences in the enforcement of the law and to the follow-up aid after the temporary restraining order has ended. |
Zoekresultaat: 14 artikelen
Jaar 2010 xArtikel |
Bij dreiging ingrijpenDe Wet tijdelijk huisverbod in de praktijk |
Tijdschrift | Justitiële verkenningen, Aflevering 8 2010 |
Auteurs | K.B.M. de Vaan en A. Schreijenberg |
SamenvattingAuteursinformatie |
Artikel |
Omstreden gelijkheidOver de constructie van (on)gelijkheid van vrouwen en mannen in partnergeweld |
Tijdschrift | Justitiële verkenningen, Aflevering 8 2010 |
Auteurs | R. Römkens |
SamenvattingAuteursinformatie |
Intimate partner violence (IPV) changed from a private problem to a public concern over the last decades. It has become subject of various discourses in different domains. In the social sciences the gender-based discriminatory nature of IPV is contested by some researchers who claim a gender equality in IPV. They call for a gender-neutral approach to IPV as a family problem, de-contextualized from gender-based inequalities. In the Netherlands this degendering is reflected in current policy discourse. However, in the international legal human rights domain, IPV is unequivocally considered to be an issue that affects women disproportionately as a form of women's discrimination that is the result of unequal power relations. Both international binding human rights law and recent ruling of the ECHR impose binding duties to acknowledge this. This article addresses the paradox that is reflected in these two positions and how to get beyond it. |
Artikel |
Fataal huiselijk geweldDoding van eigen kind, partner of ouder |
Tijdschrift | Justitiële verkenningen, Aflevering 8 2010 |
Auteurs | F. Koenraadt en M. Liem |
SamenvattingAuteursinformatie |
Homicides that take place in the family generally lead to shock and incomprehension in society at large. Even though in recent years the number of homicides in the Netherlands has decreased, domestic homicides still claim approximately sixty victims per year. This article aims to describe the nature and incidence of domestic homicide in the Netherlands by making use of both epidemiological data as well as detailed analyses of case reports of domestic homicides. In doing so, several types of domestic homicides are distinguished: intimate partner homicide, child homicide, parent and sibling homicide, multiple family homicide and finally, domestic homicide followed by suicide. The findings are discussed and put into perspective. |
Artikel |
Drugs in je drankjeSchuldattributie en genderstereotypen in nieuwsberichtgeving en onlinediscussies |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 4 2010 |
Trefwoorden | Gender, Verkrachtigsdrugs, Slachtoffers, Online fora |
Auteurs | Peter Burger en Gabry Vanderveen |
SamenvattingAuteursinformatie |
Rape drugs (or drink spiking) discourse reflects gender stereotypes in a much more differentiated way than previous studies suppose. Quantitative and qualitative analysis of news items and online discussions proved stereotypes of ideal female victims and male perpetrators to be most prominent in news media. Postings to online bulletin boards were more skeptical about the alleged victims’ innocence and truthfulness. Studies in this area that focus on news media and institutional discourse overestimate the predominance of the ideal victim stereotype. In order to correct this bias, the authors urge criminologists to be more attentive to the relevance and power of informal crime stories and discussions, particularly those appearing in social media. |
Artikel |
Trajecten van vrouwelijke gedetineerdenWeinig jeugddelinquenten, veel late starters |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 4 2010 |
Trefwoorden | Gender, Vrouwelijke gedetineerden, Interviews, Criminele carrière |
Auteurs | An Nuytiens en Jenneke Christiaens |
SamenvattingAuteursinformatie |
In this article, an ongoing Flemish qualitative research on life histories and criminal careers of women in prison is discussed. We conducted autobiographical interviews with 40 female prisoners aged between 20 and 69 years. Considering our target group, we didn’t always succeed in conducting an autobiographical interview. In practice we often conducted a classic open in-depth interview. By means of file analysis, we reconstituted the criminal career of every interviewed woman. Thanks to the retrospective approach we could reveal a diversity of trajectories. We identified three pathways: (1) youth offenders, (2) early adult-onset offenders and (3) late adult-onset offenders. Remarkably, quite a lot of women are late starters. Three risk factors – to a greater or lesser extent – play a role in these pathways: a problematic educational situation in childhood, drugs and negative love affairs. |
Discussie en Column |
Medisch (forensisch) onderzoek asielzoekers: enkele fundamentele tekortkomingen |
Tijdschrift | Tijdschrift voor Gezondheidsrecht, Aflevering 7 2010 |
Auteurs | Prof. mr. H.D.C. Roscam Abbing |
Artikel |
Terug bij af?Terugkeer en re-integratie van Bulgaarse vrouwen na uitbuiting in de prostitutie |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 3 2010 |
Trefwoorden | prostitutie, Bulgarije, remigratie, slachtofferschap |
Auteurs | MsC Loes Kersten |
SamenvattingAuteursinformatie |
This research aimed to describe the remigration of Bulgarian women who had been exploited in prostitution in the Netherlands. The difficulties they encountered during their attempt to reintegrate in their environment of origin was one of the main points of interest. Files of Bulgarian women registered as victims have been analyzed in both the Netherlands and in Bulgaria. Interviews were held with current Bulgarian sex workers, former victims of trafficking and several professionals involved in the wellbeing of these women. In many cases remigration turned out to be a temporary situation as many women returned to the Netherlands later on. Partly for that reason it appeared difficult to keep track of their situation after they (initially) came back to Bulgaria. Many women encounter the very problems that contributed to the situation of trafficking in the first place. This makes it difficult to change their marginal position: prostitution remains a well paid option if the circumstances that have led to their exploitation in prostitution remain the same. This does not necessarily lead to repeated victimization, but at least to only a limited difference that reintegration programs can make. |
Casus |
Lima Declaration on Restorative Juvenile JusticeDeclaratie en actiepunten wereldcongres jeugdherstelrecht, Lima, 4-7 november 2009 |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 2 2010 |
Auteurs | Annemieke Wolthuis |
Auteursinformatie |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2010 |
Auteurs | Laurens Winkel |
Auteursinformatie |
Artikel |
Kinderen van gedetineerde moedersEen studie naar het gedrag en welbevinden van kinderen met een moeder in de gevangenis |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 1 2010 |
Trefwoorden | Kinderen, Gedetineerde moeders, Sociale omstandigheden |
Auteurs | Dr. Menno Ezinga en Drs. Sanne Hissel |
SamenvattingAuteursinformatie |
Little is known about children when the mothers are imprisoned. Especially in the Netherlands, hardly any empirical research has been conducted regarding the whereabouts and psychological well-being of children with incarcerated mothers. We visited and collected data from four female prisons. Via the mothers’ consent we contacted the children and their caregivers. First, we conducted a semi-structured interview about the wellbeing of the child during the separation through detention of mother and child. Second, we asked mothers and caregivers to complete checklists of behavioral problems. The caretaking situation turned out to be diverse. Generally, the children experienced both internalizing and externalizing behavioural problems and specific problems associated with the detention of their mothers. The well-being of the children seems to be partially related with the incarceration of the mother. However, it also turned out that quite a few risk factors such as a broken home and neglect is present for the child being raised. Results are discussed as well as some recommendations for future research. |
Artikel |
Een blik op herstelbemiddeling vanuit een sociaal werk-perspectief |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2010 |
Trefwoorden | sociaal werk, herstelbemiddeling, emancipatie, responsabilisering |
Auteurs | Lieve Bradt |
SamenvattingAuteursinformatie |
The author reports on the doctorate research that she presented in 2009. Restorative practices have not often been researched as a praxis of social work, on the interface between giving help and administering justice. The author situates restorative mediation as a form of social work on the threshold between the private and the public, a threshold that she considers to be of a social nature.Restorative mediation as social work should contribute to values such as human dignity and social justice. The author observed and studied restorative mediation in adult on the one hand and juvenile criminal cases on the other (in Flanders, Belgium) and found that these practices differ widely.Although in both kind of practices responsibility and restoration are central concepts, their meanings differ fundamentally: in youth cases the offer of restorative mediation departs from a critical pedagogy oriented at emancipation, holding on to protective arrangements at the same time. Societal developments changed the image of youngsters from victims of society into risks for society and this may have implied that social problems around criminality are now also by mediation transformed into individual problems for which juveniles should be held accountable.In adult criminal cases the approach was initially much more on civic responsibility for the harm done to victims and since mediation was only offered in serious cases the courts always had their say too.Reflecting upon her research the author questions whether dominant social norms can be and still are challenged in the praxis of mediation. Restorative mediation has become incorporated into the existing institutional arrangements relevant to juveniles and adults: with juvenile cases the logic of prevention seems to become dominant. The practices seem to become exercises in taking responsibility within the traditional normative framework. On the threshold between the private and the public restorative practices, with their self-image of being a more humane form of law enforcement, run the risk of becoming blind for the potential effect of criminalization of their clients. |
Artikel |
De maximalistische visie op herstelrecht onder vuur |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2010 |
Trefwoorden | maximalisme, rechtsorde, slachtoffers, rehabilitatie |
Auteurs | Lode Walgrave |
SamenvattingAuteursinformatie |
The authors latest book on Restorative Justice, Self-Interest and Responsible Citizenship has been discussed in this journal in 2009 and the author now responds to the critiques, which came from three jurists and therefore had a predominantly juristic character. Themes discussed are ‘criminal justice and punishment’, ‘restorative justice and the law’, ‘restorative justice, the victim and public interest’, ‘restorative justice and the legal order’ and finally ‘restorative justice and offender rehabilitation’. Walgrave maintains and clarifies the views he developed in the book explaining why it is correct to claim that criminal justice can be identified as fundamentally punitive (although it does not always punish, as one critic has observed) and that it should be possible to elaborate restorative justice into a completely new legal system, offering legal guarantees fitting to what restorative justice is trying to achieve. Legal guarantees as they exist today in criminal procedure cannot be taken as the benchmark for restorative procedures in view of the totally different aims and procedures. Furthermore, it is not true that the victim gets too much power in restorative justice – as one critic stated – because restorative justice is and should be conceived as a system of public law, involving the legal agencies and authorities such as courts in a proper role as guardians of every citizin’s dominion. It is because of the safeguarding of dominion that the victim should have a key-role to play in restorative justice, although not obliged to participate.One critic has mentioned that Walgraves ideas seem to imply that the legal order is only something being imposed upon the citizens ‘top down’, while in many respects one could maintain that the law and the principles of the legal order have been produced ‘bottom-up’ or at least should be the result of democracy. The response is that restorative procedures offer more opportunities for citizens for this democratic participation in producing the norms of the law.Finally some have argued that the rehabilitative interests of the offender should have a more central place in the definition of restorative justice, more or less of the same importance as restoring the harms of the victim. Walgraves experiences with the Belgian model of juvenile protection made him cautious of the risks of doing so, not only in terms of serving the victims needs, but also in terms of the legal protection of the juvenile offender against arbitrary interventions. |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 3 2010 |
Auteurs | Ellen Hey |
Auteursinformatie |