Bringing Intersectionality Home: Delivering Contextualised Justice in Gender Based Violence

Abstract

Justice for gender-based violence continues to be elusive in the twenty-first century. In Asia, the challenge has been particularly acute given the prevalence of cultural and religious frameworks that predominate individuals’ private and public lives although the legal frameworks in place in many jurisdictions in Asia continue to be based on the common law system introduced by former colonial powers. The juxtapositioning of these frameworks without consideration of the internal and external conflicts they represent for particular groups of women who are victims of domestic violence has meant that certain women continue to be excluded from the protective framework of the law and fall through the justice gap. This paper presents research findings from a study on the help-seeking behaviour of ethnic minority and immigrant women in a selection of jurisdictions. The findings reveal that despite the existence of relatively strong legal systems, protective frameworks and institutions, law enforcement and public service personnel as well as staff at nongovernmental organisations assisting women who experience gender-based violence, were ill-equipped to deal with the needs of all groups of women. The findings expose a critical justice gap, which undermines the values of substantive equal protection and non-discrimination. In conclusion, the paper introduces a multidisciplinary framework for assessment, training and responses to gender-based violence within minority communities to deliver contextualised justice through applications of intersections analysis in framing a response plan to deal effectively with instances of violence against women.