Assignment 09
After reading Sally Engle Merry article ” Rights Talk and the Experience of Law: Implementing Women’s Human Rights to Protection from Violence” was a very interesting article because many of us are aware of domestic violence that often occur in marriages, but as for myself I did not realize depth of when a battered women/wife now turns to the legal system for protection of self right from such violence.
Merry argues and points out many good points, she focuses her arguments on battered women (that are in violent marriage or relationships receiving physical abuse) and that such issues battered women’s movement relies on the criminal justice that would become a component to an activism that would automatically allow these victims to view and acknowledge their violation towards them as a crime and turn to the legal system for help and guidance. Merry argues that battered women are hesitant to report these crimes due to the fact that most family are deeply rooted, that when the women reports the crime she automatically chooses to the ‘right define self’ which changes the identity for the man and women, but more importantly the women. Instead of being defined by her husband and the family, the wife will then be self-protected by the state of law-becoming an individual rights.
Because this is not the norm for women that are in rooted family, she can feel pressured by the kin to feel bad for trying or potentially to take away her partner masculinity. Or if she backs down from reporting such violation she would appear to be a difficult wife or even a bad victim.
Merry states that without the participation of these victims in the identification of the violence, it become difficult for movement activist to be unable to further their social forms. Interactions with workers from the law enforcement, courts, shelter workers is affective to how far a victim is willing tot are on this new identity. Merry would also point out the challenges these victims may face, such as what if the prosecutor of the courts system do not take the case serious-at the same time not taking the victim serious, or what if the police are friendly to the man, failing to arrest him or if the judges suggest the offense is not as serious. Such experience can weaken the woman’s willingness to take these rights that is presented to her and assert them. If her rights are treated unimportant she may choose to give up and no longer think about her self rights.
Based on Merry’s research, one of her focuses was in Hawaii, directly in towns where her interviewers has had experienced with family court/district court, and participation in a court mandated battered intervention program women’s support group. In a town called Hilo, a feminist group started a shelter program in 1978, and in 1986 they would work with battered women, supporting them. In this very own town cases of violence against women had expanded, hundreds to thousands of many reports of arrest and physical abuse were reported, this showed a major increased of women reaching out for help, because there was a system there to help them.
Based on gender man/woman, economic statues, marital status, religion and local (especially if the location is a poor area) when reporting these violence from the partner, the wife takes on a new subject position, where the man masculinity is challenged and more importantly for him his control over her.
Because the legal system allow women for once to be protected and gain self right towards violence from their partners this allows the women to take a step forward.
