The ‘Perils’ of an Identity Politics Approach to the Legal Recognition of Harm

Perry, Joanna

doi:10.1007/s10991-008-9034-9

Cited by 17 publications

(17 citation statements)

References 14 publications

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“…References to the disabled as vulnerable, for example, have been criticised for being inherently disablist in automatically conflating disability with vulnerability 9 (Sherry, 2010;Quarmby, 2011) and for casting victims of disablist hate crime as requiring adult protection measures and a social care response rather than the fullest range of legal rights and protections provided through a criminal justice response (Perry, 2008 Nor is it the case that all crimes against the vulnerable will invariably be hate crimes: legal frameworks tend to require evidence of bias motivation against the victim, whether this takes the form of hostility, prejudice, bigotry or hate, in conjunction with the crime itself…”

Section: The Relevance Of Perceived Vulnerability and 'Difference'mentioning

confidence: 99%

Reconceptualizing hate crime victimization through the lens of vulnerability and ‘difference’

Chakraborti

Garland

2012

Theoretical Criminology

172

170

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This article suggests that the concepts of vulnerability and 'difference' should be the focal points of hate crime scholarship if the values at the heart of the hate crime movement are not to be diluted. By stringently associating hate crime with particular strands of victims and sets of motivations through singular constructions of identity, criminologists have created a divisive and hierarchical approach to understanding hate crime. To counter these limitations, we propose that vulnerability and 'difference', rather than identity and group membership alone, should be central to investigations of hate crime. These concepts would allow for a more inclusive conceptual framework enabling hitherto overlooked and vulnerable victims of targeted violence to receive the recognition they urgently need.

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Section: The Relevance Of Perceived Vulnerability and 'Difference'mentioning

confidence: 99%

Reconceptualizing hate crime victimization through the lens of vulnerability and ‘difference’

Chakraborti

Garland

2012

Theoretical Criminology

172

170

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“…(Questionnaire 663) Dramatic social changes have impacted directly and indirectly upon social policy in the UK over the past decade or so, including a series of developments in equalities agendas and legislation towards greater recognition of and protection for LGBT 2 (lesbian, gay, bisexual and trans) people. As those working in other areas of social difference have discovered, social exclusion, violence and oppression does not simply disappear through such legislative change (Lewis, 2009;Perry, 2008). Despite greater formal acceptance of sexual and gender diversity, surveys of LGBT people continue to point to high levels of reported and, moreover, unreported 'abuse' 3 related to victims' gender and sexual identities (Herek et al, 2002;Herek, 2009;Moran, 2002).…”

Section: Introductionmentioning

confidence: 99%

‘It's Something You Just Have to Ignore’: Understanding and Addressing Contemporary Lesbian, Gay, Bisexual and Trans Safety Beyond Hate Crime Paradigms

Browne

Bakshi²,

Lim

2011

J. Soc. Pol.

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In common with the experiences of many other groups -and despite changing legal landscapes and increasing recognition within social policy of different groups' needs -LGBT (lesbian, gay, bisexual and trans) people continue to face discrimination and abuse, and improving safety continues to be a key touchstone for policy makers and practitioners engaging with LGBT lives. Based on evidence from Count Me In Too, an LGBT participatory research project in Brighton & Hove, UK, the paper challenges approaches to dealing with LGBT safety that narrowly focus on reporting within a hate crime paradigm, and recognises the shift towards multi-agency approaches to LGBT safety. Our evidence shows that many LGBT people differentially recognise or do not recognise abuse, instead 'normalising' much of the abuse they experience in order to carry on with day-to-day life. By focusing on the effects of abuse and how it is dealt with by individuals and communities, rather than focusing on what constitutes abuse, we show the importance of addressing LGBT safety in ways that move beyond questions of criminal justice and the reporting of hate crime. We argue for a broader social policy framework that uses multi-agency approaches to community safety for those who experience abuse on the basis of their sexual and/or gender identities, which should attend to how safety services may provide more appropriate contexts of care and support, and which should build upon relevant knowledges within LGBT communities. Fostering solidarities among LGBT people may also empower them to work towards broader social transformation.

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“…Such measures might, for example, include the express identification of people dependent on drugs within hate crime legislation. There are no statistics on the prevalence of such crimes for this section of the population, but given the pervasiveness of cases among disabled people generally, despite a lack of figures and expected underreporting (Perry, 2008), and the evidence on stigma exhibited towards 'addicts', the numbers are likely to be high. While the victim's 'disability' as motivation for a criminal offence is already considered an aggravating factor in sentencing …”

Section: Discrimination the Law And Beyondmentioning

confidence: 97%

Deviant Disabilities

Flacks

2012

Social & Legal Studies

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The Equality Act 2010, in keeping with the Disability Discrimination Act 1995, excludes those identified as drug and alcohol ‘addicted’ from the scope of provisions prohibiting discrimination against disabled people. This article addresses the significance of, and justification for, this exclusion. It begins with a legislative background to the relevant limitation and subsequently examines its rationale according to prevailing legal, medical and sociological discourses. The article then considers the relevance of the discussion for disability rights. Although ‘addiction’, or the preferred term, ‘substance dependence’, is classified as a disability for international systems of disease classification, the relevance of substance dependence for discussion on disability rights, and of disability for discussion on substance dependence, has largely escaped critical comment.

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The ‘Perils’ of an Identity Politics Approach to the Legal Recognition of Harm

Cited by 17 publications

References 14 publications

Reconceptualizing hate crime victimization through the lens of vulnerability and ‘difference’

Reconceptualizing hate crime victimization through the lens of vulnerability and ‘difference’

‘It's Something You Just Have to Ignore’: Understanding and Addressing Contemporary Lesbian, Gay, Bisexual and Trans Safety Beyond Hate Crime Paradigms

Deviant Disabilities

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