In the last few years, many countries have introduced laws combating the phenomenon colloquially known as 'revenge porn'. While new laws criminalising this practice represent a positive step forwards, the legislative response has been piecemeal and typically focuses only on the practices of vengeful ex-partners. Drawing on Liz Kelly's (Surviving sexual violence. Polity Press, Cambridge, 1988) pioneering work, we suggest that 'revenge porn' should be understood as just one form of a range of gendered, sexualised forms of abuse which have common characteristics, forming what we are conceptualising as the 'continuum of imagebased sexual abuse'. Further, we argue that image-based sexual abuse is on a continuum with other forms of sexual violence. We suggest that this twin approach may enable a more comprehensive legislative and policy response that, in turn, will better reflect the harms to victim-survivors and lead to more appropriate and effective educative and preventative strategies.Keywords Revenge porn Á Image-based sexual abuse Á Continuum of sexual violence Á Non-consensual pornography Á Online abuse
91 HRC Res. 5/1, para 31. 92 NGOs are entitled to observe the review in the room, and may conduct parallel events, but they are only entitled to take the floor later during the consideration and adoption of reports in the Council plenary. 93 The Institutional Building Package provides that 'relevant stakeholders will have the opportunity to make general comments'. HRC Res. 5/1, para 31. 94 Which has been criticised by ISHR. See, Leather and McEvoy, 'Towards a UPR which is accessible, strong, effective and protective' International Service for Human Rights, 2 June 2016, available at: http://www.ishr.ch/news/towards-upr-which-accessible-strong-effective-and-protective [last accessed 12 January 2017]. 95 Landolt supra n 73 at 117. 96 Landolt and Woo, supra n 90 at 16. 97 Emma Hickey gives the examples of Cuba and Egypt asking for NGO comments to be removed from the official records. See, Hickey, 'The UN's Universal Periodifc Review: Is it Adding Value and Improving the Human Rights Siutation on the Grounf? A critical evaluation of the First Cycle and Recommendations for Reform' (2013) 7(4)
Abstract:Global constitutionalism offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. Speculation about the future of international law is shaped, partly at least, by global constitutionalism aspiring to create a better global legal order, by filling these legitimacy gaps with both normative and procedural constitutionalism. But this raises the question ‘better for whom’? Feminist theory has challenged the foundations of both international law and constitutionalism; demonstrating that the design of normative structures accommodates and sustains prevailing patriarchal forms that leave little room for alternative accounts or voices. Both international and constitutional law’s structures support the status quo and are resistant to critical and feminist voices. The question is whether it is possible for constitutionalism to change international law in ways that will open it up to alternate possibilities. Building on a seven-point manifesto of feminist constitutionalism, previously proffered by the authors, which inculcated feminist concerns into global constitutionalism, this article offers an alternative starting point: feminist science fiction. Feminist utopian tracts such as Charlotte Perkins Gilman’s Herland and Ursula K Le Guin’s The Left Hand of Darkness offer valuable lessons for global constitutionalist discourses. The article uses feminist utopias in science fiction to better understand how to dismantle hierarchical structures, how to build feminist societies, and how to find approaches to governance not predicated on patriarchy. It does so by focusing on feminist alternatives for constructing communities, for understanding constituent power and constituent moments, and dismantling manifestations of the public/private divide. This article demonstrates that reading feminist utopian science fiction facilitates the reimagining of global constitutionalism.
The sheer amount of non-state participation in the creation of the World Bank Environmental and Social Framework (ESF) is surely noteworthy. The aim of the Bank’s consultation was to get ‘global’ input and feedback, and with over 8,000 stakeholders from over 63 countries taking part, it is laudable. The extent of the participation challenges the positivist approach to international law-making, which views only states as having the power to make law and raises questions about how to legitimize such international soft-law making. Legitimacy is entangled with democracy, as scholars debate whether democracy is the required benchmark for decision-making processes at international organizations. This article uses deliberative democracy to analyse the ESF consultation process. Whilst, democratic legitimacy has been interpreted to mean inclusivity and participation, deliberative democracy raises a series of hard questions about equality and power that scholarship on global governance needs to grapple with. Although this participatory process at the World Bank challenges traditional narratives in international law, analysing it through a lens of deliberative democracy exposes the work that still needs to be done to discuss democracy in international decision-making.
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