IZNAD UBISTVA? – PREISPITIVANJE PRAVNIH PARADIGMI ZA PREPOZNAVANJE FEMICIDA
BEYOND HOMICIDE? – RETHINKING LEGAL PARADIGMS FOR FEMICIDE RECOGNITION
Author(s): Filip NovakovićSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Studies in violence and power
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Femicide; Gender-based violence; Legal paradigms; Criminal justice; Intersectionality; Gender inequality; Legal reform;
Summary/Abstract: This paper delves into the issue of femicide and the challenges associated with its recognition within national legislations. Femicide, defined as the intentional killing of women based on gender, has become a critical global issue, reflecting deeply entrenched social inequalities. This paper critically examines existing legal frameworks in various jurisdictions and evaluates their effectiveness in addressing the unique nature of femicide. The paper addresses the development of the conceptualization of femicide in the context of criminal law, raising questions about the need for specialized legal responses that acknowledge different motives and patterns related to gender-based and gender-motivated violence. Drawing on comparative legal analysis, the paper highlights variations in legislative approaches, from explicit criminalization to the development of purpose-specific femicide laws. It assesses the advantages and weaknesses of these approaches, considering their impact on criminal prosecution, prevention, and overall deterrence of femicide. Furthermore, the paper addresses the complexity surrounding the collection of evidence in femicide cases, examining the challenges law enforcement bodies face in recognizing and appropriately investigating such criminal acts. Synthesizing legal, sociological, and criminological perspectives, this paper contributes to the ongoing discourse on femicide, offering insights that can inform the development of legislation and enhance the fight against gender-based violence.
Journal: Зборник радова Међународни научни скуп „Изазови и перспективе развоја правних система у XXI вијеку"
- Issue Year: 2/2024
- Issue No: 4 (2)
- Page Range: 357-374
- Page Count: 18
- Language: Bosnian