Browsing by Author "Artz, Lillian"

Now showing 1 - 9 of 9
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    Better safe than sorry: Magistrates' views on the Domestic Violence Act
    (Academy of Science of South Africa, 2004) Artz, Lillian
    As part of an ongoing project to monitor the implementation of the Domestic Violence Act, this article focuses on the role of magistrates. The impression exists that magistrates have a tendency to judge domestic violence matters conservatively. But research shows that most take a 'better safe, than sorry' approach in granting particular conditions in protection orders. The general sentiment is that it makes more sense to have an all inclusive protection order than one that will be subject to variation at a later stage.
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    "…Economic abuse to me is not seen, you know?" Service provider’s perceptions of women’s experiences of economic abuse within domestic violent relationships
    (2014) Clarke, Susannah Benson; Artz, Lillian
    Through the perceptions of MOSAIC service providers¹, this thesis aims to examine firstly, women’s experiences of economic abuse, through exploring the nature of this abuse; and secondly, how economic abuse may limit women’s agency to leave a violent domestic relationship. In order to provide an understanding of the nature of economic abuse, four focus group discussions were conducted with MOSAIC service providers who assist women of abuse. Additionally, data from MOSAIC in-take forms² was used to further contextualise the MOSAIC clients’ experiences of economic abuse. As supported by other studies, the findings suggest that economic abuse has become ‘normalised’ and for many women experiencing economic abuse, a ‘way of life’. Guided by Postmus et al (2011) typology for economic abuse and as described by the MOSAIC service providers, various interdependent forms of economic abuse, including economic controlling behaviour, economic exploitive behaviour and employment sabotage, are experienced by women. Employment sabotage is highlighted in the context of the detrimental effect it has on women’s economic self-sufficiency. However, few women experiencing economic abuse initially engage the legal system for assistance. Rather women approach other informal networks first and as a last means, formal institutional structures. When engaging institutional structures, the accessing of Emergency Monetary Relief remains challenging for women filing an interim protection order and seeking to leave a violent domestic relationship.
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    Gender-based violence: strengthening the role and scope of prehospital emergency care by promoting theory, policy and clinical praxis
    (2017) Naidoo, Navindhra; Artz, Lillian; Martin, Lorna J
    Gender-based Violence has a considerable prevalence globally, but it is South Africa that has recorded the highest femicide rate in the world. Prehospital Emergency Care providers appear to be well positioned (as first responders) to respond to abuse early. The aim was to understand and strengthen current/potential practice of domestic violence intervention by prehospital emergency medical systems in the context of global health-sector responses. The paradigm was critical theory and the methodology was exploratory sequential mixed methods. Interviews with managers/policy-makers, focus group discussions of clinician-educators and non-participant observation of simulated practice resulted in hypothesis generation. The quantitative phase involved a survey and cohort study with a screening intervention in a public emergency service. The qualitative phase found challenges and threats to responses require organisational/ideological change as paradoxical practice exists relative to the domestic violence behavioural pathology. Further, role-definition, identity and violence re-contextualisation is needed amidst ambivalent and contradictory positions. Emergent theoretical propositions include: typologies of victims, perpetrators and stakeholder responses; an eco-systemic relationship of state/societal expectations; and a 'conceptual compass' for preventing systemic research bias. The cohort study found bio-psycho-social responses and prehospital screening for domestic violence effective and that the evaluation of prehospital met/unmet need was prudent. The historical domestic violence detection rate was found to be 5,1/1000. A nine-fold increase in detection following the screening training and implementation translated to 47,9/1000 emergency care patients, with no adverse events. These rates are unprecedented for South African emergency care and support screening-policy implementation. The difference in domestic violence detection, quantifies the extent of the practice gap, with an alarming missed case detection of 42,8 per 1000 patients (females, 14 years plus). Conceptualisation of the emergency care burden of domestic violence and an awakening to the unacceptability of current practice is warranted. There is a risk of regulatory and organisational 'capture' mediated by masculine hegemony and resuscitation bias. Professionalization should enable a community of practice approach to violence prevention. Recommendations include the national implementation of screening policy; mitigation of regulatory capture risk and professionalising responses through curriculum-reform. The proposed Risk-Need-Responsivity practice-model promotes clinical coherence in Emergency Care. This elevation of the emergency care discourse is likely to benefit the victim and emergency medicine community. Research is warranted in the evolving epidemiology of domestic violence, the acute/clinical needs of victims/perpetrators and the role of emergency medical systems and surveillance, in promoting health and preventing the associated morbidity/mortality, both as a forensic emergency care burden and as a social determinant of health.
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    Investigating relationships between women's moods and their menstrual cycles - a multimethod study
    (2018) Sieberhagen, Stephanie; Adnams, Colleen; Artz, Lillian
    A multi-method study was conducted to investigate the relationships between a woman’s menstrual-cycle and her moods. Twenty eight participants were recruited using convenience sampling. Each participant provided data for two full menstrual cycles by taking part in a pre and post-study in-depth interview; answering a structured daily self-report diary utilising a Likert scale and completing three established research instruments – the Brunel Scale of Moods, the Menstrual Distress Questionnaire and the Born-Steiner Irritability Questionnaire, weekly. Interviews were conducted in person and quantitative data were collected electronically via e-mail. The mixed-methods methodology resulted in quantitative data that were analysed using STATA statistical software and the ecological multivariate data analysis software package known as PRIMER. Results from the statistical software were represented graphically and indicated that there is a relationship between menstrual cycle days and moods, with individual women’s correlations differing from each other to some extent. The data confirmed that there are groups of women who follow a very similar mood pattern and that educational level, vocation, exercise and participation in volunteer work or hobbies defines these groups to some degree. The qualitative data supported these findings and indicated the impact of menstrual cycle related moods on women’s daily functioning. The study concludes that menstrual cycle related moods play a role in overall life satisfaction and that psycho education and awareness can improve overall quality of life.
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    Sexual violence against children in South Africa: A nationally representative cross-sectional study of prevalence and correlates
    (The Lancet Global Health, 2018) Ward, Catherine L; Artz, Lillian; Leoschut, Lezanne; Kassanjee, Reshma; Burton, Patrick
    Background We could identify no nationally representative South African studies of sexual violence against children. Methods A multistage sampling frame, stratified by province, urban/rural and race group, selected households. Within households, children aged 15-17 years were interviewed after obtaining parental consent. The final sample was 5,631 (94.6% participation rate). Findings 9.99% (95%CI 8.65-11.47) of boys and 14.61% (95%CI 12.83-16.56) of girls reported some lifetime sexual victimisation. Physical abuse, emotional abuse, neglect, family violence, and other victimisations, were all strongly associated with sexual victimisation. The following were associated with greater risk of sexual abuse (adjusted OR); school enrolment (OR 2.12; 95%CI 1.29-3.48); urban dwelling (OR 0.59; 95%CI 0.43-0.80); having a flush toilet (OR 1.43; 95%CI 1.04-1.96); having a substance-misusing parent ( OR 2.37; 95%CI 1.67-3.36); being disabled (OR 1.42; 95%CI 1.10-1.82); female but not male caregivers’ poorer knowledge of the child’s whereabouts, friends and activities (OR 1.07; 95%CI 0.75-1.53) and poorer quality of the relationship with the child (OR 1.20; 95%CI 0.55-2.60). Respondents’ own substance misuse (OR 4.72; 95%CI 3.73-5.98) and high-risk sexual behaviour (OR 3.71; 95%CI 2.99-4.61) were the behaviours most frequently associated with sexual abuse, with mental health conditions far less prevalent but nonetheless strongly associated with sexual victimisation (PTSD OR 2.81, 95%CI 1.65-4.78; depression OR 3.43, 95% CI 2.26-5.19; anxiety OR 2.48, 95%CI 1.61-3.81). Interpretation Sexual violence is widespread among both girls and boys, and is associated with serious health problems. Associated factors require multi-sectoral responses to prevent sexual violence or mitigate consequences.
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    Tough choices: Difficulties facing magistrates in applying protection orders
    (2004) Artz, Lillian
    The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.
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    Violence against women : epidemiology and pathology of femicides and suspected sexual homicides in Cape Town : a 10-year follow-up study
    (2016) Molefe, Itumeleng; Martin, Lorna J; Artz, Lillian
    Background: Violence against women (VAW) is the most pervasive human rights abuse and a global health threat. The most extreme forms of physical and sexual violence are the intentional killing of a woman (femicide) and rape, or the combination of both in the form of r ape homicide, preferably termed 'sexual homicide' in this study. Motivation: Martin's research in 1999 reported a rape homicide incidence rate of 12.3/1000 female rapes reported to the police in Cape Town while the National study performed by Abrahams et al in 1999 reported an incidence rate of 10.9/1000 female rapes reported to the police in South Africa (SA). These high incidence rates, definitional problems, methodological limitations, changes in the law, and inconsistent management of suspected sexual homicides motivated the author to undertake this follow - up study. Objectives: To describe the epidemiology and pathology of femicides in Cape Town and thereby identify risk factors, magnitude and criteria for suspected sexual homicides. Design and Methodology : This is a retrospective descriptive study. Data was collected from autopsy reports of female bodies admitted at Salt River Forensic Pathology Laboratory in Cape Town from the years 2000 to 2009. A 10 - year period improves the sample size and the validity of the results. Limitations : Time constraints led to inadequate information on perpetrators of femicides and therefore a report on intimate femicide is limited in this study. Main findings and Discussion: Results showed an average femicide incidence rate of 12.4/100,000 female population in Cape Town Western Metropole which is half the South African national incidence for 1999, equates to the 2009 national rate and is almost five times the global average. Sexual homicide was suspected in 19.9% of all femicides, slightly higher than the 16.3% previously reported by Martin for Cape Town. The median age of victims was 32 years. Most femicide victims died from gunshot injuries (35.2%) followed by those who were stabbed (29.6%), while the majority (35.7 %) of victims of suspected sexual homicide died from asphyxial deaths, including strangulation. Taking specimens for the Sexual Assault Evidence Collection Kit correlated significantly with genital (77.7%) and anal injuries (64.5%), and 41% of femicide victims had alcohol levels above 0.05g%. Conclusion: The incidence of femicide and sexual homicide in Cape Town is higher than previously reported. Gun violence and alcohol abuse are persistent problems. Recommendations : Findings should be used to motivate for intersectoral collaboration in the form of female homicidal death review (FHDR) teams. These teams should aim to develop standardised guidelines for the forensic management, prosecution, prevention and monitoring strategies for femicides and sexual homicides in South Africa.
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    Violence against women in rural Southern Cape : exploring access to justice within a feminist jurisprudence framework
    (1999) Artz, Lillian; Van der Spuy, Elrena
    Women in rural and severely underprivileged areas remain one of the most vulnerable groups in South Africa to violence in their communities and in their homes. To date, information on rural women, their experiences with domestic violence and social development is both fragmented and inconsistent. The issue of access to justice for rural women presented in this thesis is based on the premise that violence against women keeps women in conditions of poverty, and fear of poverty keeps women trapped in violent situations. It is also based on feminist theory that argues that historical, legal, cultural and political factors contribute to domestic violence and even with emerging policy and legislation promoting wo1nen's safety and freedom from violence, the criminal justice system has not shed it's predilection of institutionalised sexism. It will be argued that systemic discrimination against rural women has lead to the inadequate implementation of legislation and policy relating to women's fundamental rights to safety and freedom from violence. This research, therefore, takes the challenge of constructing an appropriate framework for an integrated analysis of law, gender, and social development. It does so through a feminist jurisprudence framework. The central aims of the research are to: (i) examine the nature or proï¬ le of domestic violence in rural areas; (ii) identify the obstacles which prevent women from accessing justice in the face of domestic violence; (iii) identify support mechanisms within rural communities for victims of domestic violence; (iv) explore current policing, justice and health care responses to rural women who experience domestic violence; (v) examine the nature of secondary victimisation of these women by their communities and the relevant criminal justice departments; (vi) examine the nature of current policy and legislation in relation to violence against women and establish the extent to which they have impact on rural women; (vii) to identify gaps in service delivery in rural areas and (viii) to highlight the unique barriers to justice that rural women face. The issues of access to justice for rural women is introduced in this thesis through a study undertaken in rural areas in the Southern Cape. Access was facilitated to 15 different communities in the Southern Cape and 168 women in total were interviewed on issues of violence against women and access to justice. Another 28 women were interviewed on issues relating to maintenance. The primary data collection technique of this research in the Southern Cape took the form of 19 focus-group interviews through a cross section of community structures. These interviews took the form of 'workshops', in which an active exchange of information between the researcher and the researched took place. The focus-group interviews were held in communities in Knysna, Rheenandal, Kurland Dorp, Plettenberg Bay, Sedgeï¬ eld, Mossel Bay and George. The results indicate that access to justice for rural women is limited for the following reasons: (i) women in rural areas lack nearby services and the cost of transportation decreases a won1an's ability to leave violent situations or even seek information or assistance to deal with the problem; (ii) Women in small rural communities articulate fears of community gossip or alienation from their communities if they seek assistance; (iii) women in rural areas have little option but to remain in the home with the offender because there are no accessible safe houses or shelters; (iv) women remain powerless over alcoholism within their communities; (v) rural women remain in abusive relationships because they have little access to economic resources; (vi) limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural w0men's lives; (vii) distances to basic public services are great and child care is a problem if travel is necessary; (viii) very few development services exist in rural communities; (ix) there are no or limited taxi and bus services and if they do exist they are expensive; and (x) the combined effects of poverty and violence for rural women in the Southern Cape creates formidable barriers to women's equality, mental and physical health, and their full participation in civil society. In light of these results current South African policy and legislation relating to domestic violence and crime prevention are discussed. The thesis concludes that current law contains systemic inequalities, that state legal structures are inherently discriminatory against women and, more speciï¬ cally, do not meet the needs of rural women.
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    Open Access
    Violence against women in rural Southern Cape: exploring access to justice within a feminist jurisprudence framework
    (1999) Artz, Lillian; Van der Spuy, Elrena
    Women in rural and severely underprivileged areas remain one of the most vulnerable groups in South Africa to violence in their communities and in their homes. To date, information on rural women, their experiences with domestic violence and social development is both fragmented and inconsistent. The issue of access to justice for rural women presented in this thesis is based on the premise that violence against women keeps women in conditions of poverty, and fear of poverty keeps women trapped in violent situations. It is also based on feminist theory that argues that historical, legal, cultural and political factors contribute to domestic violence and even with emerging policy and legislation promoting wo1nen's safety and freedom from violence, the criminal justice system has not shed it's predilection of institutionalised sexism. It will be argued that systemic discrimination against rural women has lead to the inadequate implementation of legislation and policy relating to women's fundamental rights to safety and freedom from violence. This research, therefore, takes the challenge of constructing an appropriate framework for an integrated analysis of law, gender, and social development. It does so through a feminist jurisprudence framework. The central aims of the research are to: (i) examine the nature or profile of domestic violence in rural areas; (ii) identify the obstacles which prevent women from accessing justice in the face of domestic violence; (iii) identify support mechanisms within rural communities for victims of domestic violence; (iv) explore current policing, justice and health care responses to rural women who experience domestic violence; (v) examine the nature of secondary victimisation of these women by their communities and the relevant criminal justice departments; (vi) examine the nature of current policy and legislation in relation to violence against women and establish the extent to which they have impact on rural women; (vii) to identify gaps in service delivery in rural areas and (viii) to highlight the unique barriers to justice that rural women face. The issues of access to justice for rural women is introduced in this thesis through a study undertaken in rural areas in the Southern Cape. Access was facilitated to 15 different communities in the Southern Cape and 168 women in total were interviewed on issues of violence against women and access to justice. Another 28 women were interviewed on issues relating to maintenance. The primary data collection technique of this research in the Southern Cape took the form of 19 focus-group interviews through a cross section of community structures. These interviews took the form of 'workshops', in which an active exchange of information between the researcher and the researched took place. The focus-group interviews were held in communities in Knysna, Rheenandal, Kurland Dorp, Plettenberg Bay, Sedgefield, Mossel Bay and George. The results indicate that access to justice for rural women is limited for the following reasons: (i) women in rural areas lack nearby services and the cost of transportation decreases a won1an's ability to leave violent situations or even seek information or assistance to deal with the problem; (ii) Women in small rural communities articulate fears of community gossip or alienation from their communities if they seek assistance; (iii) women in rural areas have little option but to remain in the home with the offender because there are no accessible safe houses or shelters; (iv) women remain powerless over alcoholism within their communities; (v) rural women remain in abusive relationships because they have little access to economic resources; (vi) limited access to state and private health, welfare and justice services results in systemic discrimination by the state in almost every area of rural w0men's lives; (vii) distances to basic public services are great and child care is a problem if travel is necessary; (viii) very few development services exist in rural communities; (ix) there are no or limited taxi and bus services and if they do exist they are expensive; and (x) the combined effects of poverty and violence for rural women in the Southern Cape creates formidable barriers to women's equality, mental and physical health, and their full participation in civil society. In light of these results current South African policy and legislation relating to domestic violence and crime prevention are discussed. The thesis concludes that current law contains systemic inequalities, that state legal structures are inherently discriminatory against women and, more specifically, do not meet the needs of rural women.