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Women in the Conflict with the Law – the Gender Perspective in the Criminal Justice System

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Women in the Conflict with the Law – the Gender Perspective in the Criminal Justice System EDLIRA PAPAVANGJELI WOMEN IN THE CONFLICT WITH THE LAW – THE GENDER PERSPECTIVE IN THE CRIMINAL JUSTICE SYSTEM -Monograph- Tirana, 2014 Author: Dr. Edlira Papavangjeli Scientific reviewers: Prof. Assoc. Dr. Eralda (Methasani) Çani Prof. Assoc. Dr. Jola Xhafo Literary review: Marie Mato Layout and cover: Elvira Çiraku Translation: Anri Pashaj © Author All rights are reserved. It is not allowed to reproduce any parts of this publication without the prior consent of the author. In case it is used, it should refer to the source of information. ISBN: 978-9928-100-40-5 Monograph - EDLIRA PAPAVANGJELI Acknowledgment The realm of criminal justice with a particular focus on detained and sentenced women has always been of interest to me. This interest arose around the year 2000, along with my professional commitment to the Albanian Helsinki Committee, one of the most prominent organizations that contributes to the observation of human rights in general and of the persons deprived of their liberty in particular. My involvement in leading many initiatives regarding state police performance and prisons, have given me a wonderful opportunity to get to know from up close the developments in the Albanian criminal justice and at the same time awakened in me a special interest in scientific research, particularly on issues that have not been submitted as yet to a thorough scrutiny, such as the case of women offenders who are consequently faced with many bodies of criminal justice administration. The work with Albanian professors from various fields, such as the criminal justice, human rights and gender equality, as well as ongoing cooperation with many national and international experts who are part of the academic world also from the field of the prison system, have inspired me to discuss many of the issues addressed in this paper and presented me with different perspectives that I found very useful for it. I take this opportunity to thank some people who have contributed directly to the preparation of this paper. In particular I am grateful and express my gratitude to Prof. Dr. Aurela Anastasi that guided me in the writing of this paper, for leading and inspiring me, as well as discussing with me many of the ideas presented herein. In addition, I would like to thank Prof. Assoc. Dr. Eralda (Methasani)Çani and Prof. Assoc. Dr. Jola Xhafo for the scientific critique provided for this study, which has been in valuable for the further improvement of this monograph. For the concrete support for my work on the field, I would like to thank the managers of the General Directorate of Prisons. Special thanks to Mr. Jan van den Brand, international expert on prisons that has inspired me with his enthusiasm 3 WOMEN IN THE CONFLICT WITH THE LAW – THE GENDER PERSPECTIVE IN THE CRIMINAL JUSTICE SYSTEM and expertise, on many of the issues addressed in the paper. For technical assistance in terms of the most suitable layout of this paper, I thank Mrs. Erena Haska, Mrs. Marie Mato, Mrs. Klara Shoshi, Ms. Elvira Osmani. For the translation of the paper, I would like to thank Mr. Anri Pashaj. I thank wholeheartedly the detained and convicted women for their confiding in me by sharing with me the stories of their lives, without which this research paper would be impossible. AHC colleagues, thank you for the support you gave me during my work with this paper. Finally, I thank my family, Ilir and Erdi, our parents and my friends who helped me to find time, space and energy to finalize this research. 4 Monograph - EDLIRA PAPAVANGJELI Preface This monograph by Dr. Edlira Papavangjeli hereby presented to the general public and to the criminal justice system is a publication of great value. The publication is a relection of her professional commitment, and many years of practice in the ield of criminal justice as well as her research. Her experience of 15 years with the Albanian Helsinki Committee has provided the author with the opportunity to see close-up the challenges faced by the criminal justice system, analysing them from a theoretical and practical human rights perspective. The internal drive to contribute further to the development of the rule of law in this country with the aim of its further improvement, not as a goal in itself, but as the need to establish a better and fairer criminal justice system, clearly underpins this monograph. Criminal justice in itself has a number of aspects which have been and should be the subject of research and studies in the future. Criminal justice is a part or branch of the justice system in a country and, like other branches of the justice system, it is and should be created to serve society, its needs and interests, its present and its future. With this perspective, analysis of different aspects of this system are very necessary in order to understand to what extent a certain rule is really serving the purpose for which it was established. In such analysis, the gender perspective is without doubt of paramount signiicance, suficiently to make us welcome all publications that bring this perspective to the criminal justice system. Practices followed to date, the need to follow certain practices in the future, a correct understanding of the elements necessary for the treatment of women in conlict with the law as a speciic group of society, and the inclusion of the gender perspective in the criminal justice system all have a special importance. As the title of the monograph explains, the analysis here is from a gender perspective. The gender perspective on handling a range of issues in criminal justice constitutes two aspects that make this monograph unique. Such a monograph is of interest for all researchers, policy-makers and practitioners in the ield of justice. A screening of the administration of criminal justice is always worth doing and even more so when it emerges in print. It is of even more value when the screening has a 5 WOMEN IN THE CONFLICT WITH THE LAW – THE GENDER PERSPECTIVE IN THE CRIMINAL JUSTICE SYSTEM special perspective and has women as a special focus. Nevertheless, the monograph which you will read here is not simply an overview of the reality of the system seen from the gender perspective. The publication also relects the theoretical and scientiic debates taking place in the literature of contemporary Europe and across the world. It evokes theories and concepts of importance to criminal justice and the integration of the gender concept within it, as theories sensitive to gender, and it focuses on these theories even though it refers to and rationalizes other aspects related to theories of the routes to crime, of relationships, of trauma theory and of addiction. For each of these theoretical aspects, the author provides an analytical overview which helps the reader understand even better the fundamental theory currently being used in relation to the issues studied in this monograph, namely gender-sensitive theory. Through the analysis provided, the reader is invited to understand the fundamentals of this theory which emphasizes the importance of recognizing, irst, the pathways that lead women to criminality and second, the need for a better understanding of the speciic life circumstances of women in conlict with the law, and to draft and later implement policies and programs that respond to these speciic needs during the time when they are serving their sentence under the care of the prison system. The research relects an analysis of the gender perspective in the criminal justice system in our country, using this fundamental theory in the analysis, with perspectives on its approach and its guiding principles. The basic principles of a theory such as the acceptance that gender makes a difference, establishing a climate based on safety, respect and dignity, drafting of policies, practices and programs which create healthy relationships with children, family, other people important to the women, and the community to which they will return, addressing a range of challenges faced by women, creating opportunities for women to improve their social and economic status as well as establishing an system for oversight in the community, and for women’s successful return to society after their release in co-operation with other services and bodies outside the criminal justice system; these are the principles that this monograph presents through gender-sensitive theory as fundamental for policy-makers and others. This monograph also introduces other concepts new to the literature in contemporary Albanian such as the “battered woman” syndrome, through offering of an analysis of the positive aspects of the use of such a concept, even supporting the idea of using it in the process of giving justice to women, thus supporting its legitimacy in justice processes. Different perspectives on the basis of the criminal justice system for women are not only welcomed, but very necessary in order to encourage informed debate on the most healthy foundations of our country’s criminal justice system. The debate is encouraged even more by the fact that the monograph offers comparative analysis of the criminal justice system towards women offenders in different European countries. The theoretical perspectives are not the only ones used by the author in this monograph, which also includes empirical information. The author has further researched and processed concrete data applied 6 Monograph - EDLIRA PAPAVANGJELI to the criminal justice system for women offenders in our country and even offers comparative analysis of the results, with the aim of highlighting trends in crime typology and related aspects seen from the gender perspective. The monograph continues with an historical analysis of the prison system. Legislative developments are presented in the light of international standards and principles.
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