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https://anrows.intersearch.com.au/anrowsjspui/handle/1/19190 Record ID: 0917e4d9-8234-4a89-8585-abd322efa03c
Full metadata record
| DC Field | Value | Language |
|---|---|---|
| dc.contributor.author | The Law Reform Commission | en |
| dc.date.accessioned | 2022-06-30T23:44:36Z | - |
| dc.date.available | 2022-06-30T23:44:36Z | - |
| dc.date.issued | 2007 | en |
| dc.identifier.isbn | 9780642201249 | en |
| dc.identifier.uri | https://anrows.intersearch.com.au/anrowsjspui/handle/1/19190 | - |
| dc.format | viii, 97 p. ; 25 cm. | en |
| dc.language | en | en |
| dc.publisher | The Commission | en |
| dc.subject | Family law | en |
| dc.subject | Refugee communities | en |
| dc.subject | Legislation analysis | en |
| dc.title | Equality before the law : women's access to the legal system | en |
| dc.type | Report | en |
| dc.identifier.catalogid | 3704 | en |
| dc.identifier.url | http://www.austlii.edu.au/au/other/alrc/publications/reports/69part1/ALRC69part1.pdf | en |
| dc.subject.keyword | Invalid URL | en |
| dc.subject.keyword | new_record | en |
| dc.subject.keyword | Report | en |
| dc.subject.keyword | National | en |
| dc.relation.url | http://www.austlii.edu.au/au/other/alrc/publications/reports/69part2/ALRC69part2.pdf | en |
| dc.description.notes | Overview: This report examines the application of Australian law to women and considers whether it treats men and women equitably. Part IV discusses violence against women with regard to violence in general, family law, immigration law and refugee status.<br/ ><br/ >Summary: ‘Chapter 8: Violence against women’ uses examples and case law to illustrate the role of areas of law outside criminal and quasi-criminal law in invoking different legal remedies for violence. This chapter discusses the history of the law, a systemic gender bias amongst the judiciary and the extent of violence against women outside the criminal or quasi-criminal law, for example, through workplace harassment, media representation of women and pornography.<br/ ><br/ >The report examines existing legal responses to violence against women and the possibility of the broader use of tort law and new torts to address it, and the possibility of developing a new legal framework is raised.<br/ ><br/ >‘Chapter 9: Violence and family law’ outlines the nature, myths and other issues regarding violence (including non-physical violence) in family law cases, as well as the abuse of court proceedings as an extension of the perpetrator’s use of power and control over their female victim. The report discusses the effects of violence against women, including credibility issues; i.e. women not being believed or accused of raising allegations of violence to manipulate court proceedings.<br/ ><br/ >The Family Law Act 1975 (Cth) and ‘no fault’ philosophy are examined with respect to issues of violence. The report critically examines the law regarding custody of children and access visits, and the current law regarding property and maintenance, as it may apply in cases where violence has occurred. The strengths and weaknesses of the various alternative dispute resolution processes are examined in the context of violent relationships, as are conciliation counselling, registrar’s conferences and mediation. Finally, this chapter describes and critically examines the various protection orders available and their operation and enforcement.<br/ ><br/ >‘Chapter 10: Violence against women and immigration law’ begins by outlining the law pertaining to categories of entrants, genuine and continuing relationships and sponsorship. The chapter discusses these laws with respect to violence against women. The special vulnerability of immigrant women is explored, as well as the use of threats by the perpetrator, international legal and human rights issues, and conventions and special provisions relating to domestic violence. The chapter discusses women who enter the country as fianc?es and serial sponsors of women, as particular areas of risk. The chapter examines data collection and issues of privacy and protection, and the need for follow up services are identified.<br/ ><br/ >‘Chapter 11: Violence and women’s refugee status’ outlines the specific issues faced by refugee women and Australia’s obligations and programs relating to these women. The report examines issues of interpretation and definition, as well as persecution in the form of sexual violence and domestic violence, as it pertains to refugee status. The report examines various issues of definition, requirements and procedures for establishing refugee status in relation to Australia’s international obligations and conventions, and with particular regard to women, women at risk and women who have been victims of violence. | en |
| dc.date.entered | 2008-06-06 | en |
| dc.publisher.place | Sydney | en |
| dc.description.physicaldescription | viii, 97 p. ; 25 cm. | en |
| Appears in Collections: | Reports | |
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