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1 – 10 of 90Samantha Jeffries and Andrew M. Jefferson
In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender…
Abstract
In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender, intersectionality, criminalization, and carceral experiences. The scene is set for the chapters to follow by providing a general overview of gender, criminalization, imprisonment, and human rights in Southeast Asia with particular attention being paid to Indonesia, Malaysia, Cambodia, Thailand, Myanmar, and the Philippines. We consider trends and drivers of women’s imprisonment in the region, against the backdrop of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, also known as the Bangkok Rules, which were adopted by the United Nations General Assembly just over a decade ago. We reflect on the dominance of western centric feminist (and malestream) criminological works on gender, criminalization and imprisonment, the positioning of Southeast Asian knowledge on the peripheries of Asian criminology and the importance of bringing to light, as this book does, gendered activist scholarship in this region of the world.
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Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said
This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the…
Abstract
Purpose
This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.
Design/methodology/approach
This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.
Findings
This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.
Practical implications
This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.
Originality/value
This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.
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Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag
Illicit enrichment refers to the unjustified increase in the assets of a public official. Criminalisation of illicit enrichment is required under Article 20 of the United Nations…
Abstract
Purpose
Illicit enrichment refers to the unjustified increase in the assets of a public official. Criminalisation of illicit enrichment is required under Article 20 of the United Nations Convention Against Corruption, and as a State Party, South Africa is thus expected to deal effectively with illicit enrichment as an offence. This paper aims to address different approaches of various jurisdictions to deal with illicit enrichment and discusses the elements of the crime, drawing on a South African perspective, to determine how illicit enrichment can be criminalised in South Africa.
Design/methodology/approach
The research methodology used was a critical analysis of the definition and elements of the crime, as well as the global action taken to implement this offence. A comparative analysis was used to compare international frameworks with those of South Africa to conclude on the practicality and challenges of introducing the offence of illicit enrichment.
Findings
It was found that an element of the crime, in particular the lack of justification, has been a primary point of criticism, as it is claimed that illicit enrichment laws reverse the burden of proof when an accused is required to prove the legitimacy of his or her assets. However, this issue is not insurmountable in the South African context, and the paper concludes that the criminalisation of illicit enrichment is possible, as South Africa possesses the necessary legislation and case law to support such measure.
Originality/value
This paper contributes to the scholarly research on criminalising illicit enrichment in South Africa.
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Andrew M. Jefferson and Samantha Jeffries
The chapters in this book show that it is possible to conduct studies on the intersections between gender, criminalization, imprisonment, and human rights in Southeast Asia. In…
Abstract
The chapters in this book show that it is possible to conduct studies on the intersections between gender, criminalization, imprisonment, and human rights in Southeast Asia. In this conclusion, we draw out the implications of this emerging scholarship. More specifically, we critically examine how common talk about “individual needs” risks blinding criminal justice reformers to the structural, gendered dynamics that render people criminalizable and imprisonable. We explore the potential of the concept of participation to strengthen understandings and activism around gendered harms, and grapple with the thorny issue of for whom we speak. We advocate for cross-cultural understandings, developed in collaboration and through partnership, to productively challenge the ethnocentrism of criminology and propel truly transformative agendas. Three steps are identified to decenter research and activism: Scholars and activists must acknowledge the risks of attending to need while not attending to the drivers of need; resist the temptation to operate only within the limits defined by the authorities, the state, the academy, or agencies set up to protect; and generate “home grown,” counter-hegemonic solutions that push back against the tendency to universalize, colonize and deny difference.
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Eastern Europe and Central Asia (EECA) is home to 21% of the world’s population of people who inject drugs and it is the region with the fastest-growing HIV epidemic. HIV…
Abstract
Eastern Europe and Central Asia (EECA) is home to 21% of the world’s population of people who inject drugs and it is the region with the fastest-growing HIV epidemic. HIV prevalence among women who inject drugs is significantly higher than among men in EECA. Even in places with high coverage of needle syringe programmes and HIV testing and treatment, women’s access to opioid substitution treatment is lower than men, and women’s sexual and reproductive health needs remain unaddressed. EECA has a unique system of drug registries that store the personal data of people who use drugs. Registration lowers the chances of employment and access to education and for women and increases the risk of losing custody of their children. The system of drug registries contributes to drug-related stigma. Breaches of confidentiality of drug registry data lead to the further marginalisation of women who use drugs. Criminalisation, past experience of police violence and poverty contribute to healthcare access barriers for women. There is a need for legislative changes to improve personal data protection, decriminalise drug use and reduce police violence. The positive effects of these changes would only be seen in the long term. In the interim, women need special access programmes that are designed specifically to address their needs, that provide free-of-charge services and that ensure the safety and confidentiality of personal data.
Julia Buxton, Lona Lauridsen Burger and Giavana Margo
This chapter presents a broad introduction to women’s varied interactions with drugs and drug markets. It provides a brief overview of the international framework of drug control…
Abstract
This chapter presents a broad introduction to women’s varied interactions with drugs and drug markets. It provides a brief overview of the international framework of drug control and the ways in which drug policy enforcement differently impacts women and men. It highlights the negative and disproportionate impacts on women of criminalisation-based approaches and how drug policy serves to reinforce existing problems of structural discrimination. This provides context for the contributions to this edited collection, which are summarised in the introduction. The book situates drug policy reform as a crucial and underlooked feminist issue.
This chapter explores the norms and assumptions that frame and sustain international drug policy and the international drug control regime. Drug policy is conceptualised as a…
Abstract
This chapter explores the norms and assumptions that frame and sustain international drug policy and the international drug control regime. Drug policy is conceptualised as a ‘policy fiasco’ that persists despite extensive evidence of goal failure. The absence of effective monitoring and evaluation, impact assessment, stakeholder participation and mainstreaming of rights-based approaches, conflict sensitivity and gender sensitivity is emphasised, substantiating the argument that drug policy is a case study of ‘institutional path dependence’. Drug policy has repeatedly missed targets for achievement of a ‘drug free world’. This is explained through reference to the counterproductive and ‘unintended consequences’ of a drug policy approach of criminalisation. The impacts of drug policy enforcement are shown to be negative, pernicious and disproportionately born by the poor, by vulnerable communities and those subject to discrimination on account of race, gender and class.
Meagan O'Brien, Orla Kistmacher, Sabrina Marie Stephen and Gerard Thomas Flaherty
This paper aims to describe the unique health challenges facing female commercial sex workers (FSWs), including issues related to their marginalisation and difficulty accessing…
Abstract
Purpose
This paper aims to describe the unique health challenges facing female commercial sex workers (FSWs), including issues related to their marginalisation and difficulty accessing health care. It proposes solutions to some of these problems.
Design/methodology/approach
This paper addresses this sensitive subject through the methodology of a literature review, drawing on a variety of relevant published literature to inform a modern understanding of the current health challenges faced by this population.
Findings
This paper discusses issues around criminalisation of commercial sex workers, complexities of family planning, sexually transmitted infection prevention, mental health and substance abuse and how increasing health-care worker awareness of the health needs of this vulnerable population can be a positive step in building trust within this relationship. Although adoption of the proposed recommendations put forth in this paper may help to eliminate some of the barriers encountered by female sex workers, further research is recommended.
Originality/value
The subject of commercial sex worker health care is neglected in the academic literature. This review explores the topic in an open and balanced manner and presents a broad and updated overview of the current health-care challenges faced by FSWs as well as opportunities for optimising access and quality of sex worker health care.
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This chapter explores sex work and compares legal regimes in two case study contexts of Scotland and New Zealand. It highlights parallels in policy norms and approaches towards…
Abstract
This chapter explores sex work and compares legal regimes in two case study contexts of Scotland and New Zealand. It highlights parallels in policy norms and approaches towards women in sex work and women who use drugs, including stigmatisation and punishment of ‘deviant’ women or alternatively, approaches that seek to ‘rescue’ women and which frames them as victims. Different policy approaches and regulatory regimes are discussed but the chapter argues that without attention to social justice issues, the structural drivers of women’s engagement in sex work will continue to be overlooked. Participation in policy processes by those with lived experience is emphasised, both to ensure better understanding of sex work by policymakers, and also in recognition of the citizenship, voice and agency of sex workers.
Chris Ó. Rálaigh and Sarah Morton
International policy approaches to cannabis production and use are changing rapidly, and within the Irish context, alternatives to prohibition are being considered. This study…
Abstract
Purpose
International policy approaches to cannabis production and use are changing rapidly, and within the Irish context, alternatives to prohibition are being considered. This study aims to explore policymaker’s attitudes towards the decriminalisation and legal regulation of cannabis for recreational use in the midst of an unfolding policy process, examining the degree which a “policy window” might be open for the implementation of cannabis policy change.
Design/methodology/approach
Semi-structured interviews were held with eight key informants within the policy field in Dublin, Ireland. Kingdon’s (2014) Multiple Streams framework was used to consider whether the problems, policy and political streams were aligning to support progressive policy change.
Findings
Irish policymakers indicated broad support for the decriminalisation of cannabis. The legal regulation of cannabis received more qualified support. Existing policy was heavily criticised with criminalisation identified as a clear failure. Of particular interest was the willingness of policymakers to offer opinions which contrasted with the policy positions of their organisations. While a policy window did open – and close – subsequent governmental commitments to examine the issue of drugs policy in a more deliberative process in the near future highlight the incremental nature of policy change.
Originality/value
This study provides unique insight into the opinions of policymakers in the midst of a prolonged period of policy evolution. A latent aspiration for historical policy change was situated within the realpolitik of more traditional approaches to policy development, demonstrating that the alignment of Kingdon’s (2014) problem, policy and political streams are essential for change in cannabis policy.
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