Skip to main content

Diigo Home
Home/ XD3102 - Gender Studies/ Group items tagged Law

Rss Feed Group items tagged

Weiye Loh

Mississippi 'Personhood' Amendment Vote Fails - 0 views

  •  
    Mississippi voters Tuesday defeated a ballot initiative that would've declared life begins at fertilization, a proposal that supporters sought in the Bible Belt state as a way to prompt a legal challenge to abortion rights nationwide.

    The so-called "personhood" initiative was rejected by more than 55 percent of voters, falling far short of the threshold needed for it to be enacted. If it had passed, it was virtually assured of drawing legal challenges because it conflicts with the Supreme Court's 1973 Roe v. Wade decision that established a legal right to abortion. Supporters of the initiative wanted to provoke a lawsuit to challenge the landmark ruling.

    The measure divided the medical and religious communities and caused some of the most ardent abortion opponents, including Republican Gov. Haley Barbour, to waver with their support.

    Opponents said the measure would have made birth control, such as the morning-after pill or the intrauterine device, illegal. More specifically, the ballot measure called for abortion to be prohibited "from the moment of fertilization" - wording that opponents suggested would have deterred physicians from performing in vitro fertilization because they would fear criminal charges if an embryo doesn't survive.
Weiye Loh

Shock: No jail time for woman who strangled newborn because Canada accepts abortion, sa... - 0 views

  • Under Canada’s Criminal Code, a woman who has not “fully recovered” from the effects of birth can be found guilty of the lesser charge of infanticide.  To bring forward the infanticide defense, which carries a maximum sentence of five years, there must be evidence that the woman’s mind was disturbed.
  • According to the Crown, the evidence showed Effert was not suffering mental disturbance.  They highlighted the fact that she planned for the birth by getting scissors to cut the umbilical cord and towels, and then hiding in the bathroom in her parents’ basement.  They suggested that she had tried to miscarry the child during pregnancy by smoking and drinking.  She lied during initial police questioning, claiming she was a virgin.
  • But Justice Veit agreed with defense lawyer Peter Royal, saying that this was “a classic infanticide case — the killing of a newborn after a hidden pregnancy by a mother who was alone and unsupported.”
Weiye Loh

Johann Hari: How multiculturalism is betraying women - Johann Hari, ... - 0 views

  • The crux case centres on a woman called Nishal, a 26-year-old Moroccan immigrant to Germany with two kids and a psychotic husband. Since their wedding night, this husband beat the hell out of her. She crawled to the police covered in wounds, and they ordered the husband to stay away from her. He refused. He terrorised her with death threats.

    So Nishal went to the courts to request an early divorce, hoping that once they were no longer married he would leave her alone. A judge who believed in the rights of women would find it very easy to make a judgement: you're free from this man, case dismissed.

  • But Judge Christa Datz-Winter followed the logic of multiculturalism instead. She said she would not grant an early divorce because - despite the police documentation of extreme violence and continued threats - there was no "unreasonable hardship" here.
  • Why? Because the woman, as a Muslim, should have "expected" it, the judge explained. She read out passages from the Koran to show that Muslim husbands have the "right to use corporal punishment". Look at Sura 4, verse 34, she said to Nishal, where the Koran says he can hammer you. That's your culture. Goodbye, and enjoy your beatings.
Weiye Loh

Strauss-Kahn and 5 other vexing sexual assault cases | Alaska Dispatch - 0 views

  • #3 Hofstra University gang-rape case

    An 18-year-old Hofstra University freshman accused five men, including another Hofstra student, of gang-raping her after a campus party in Hempstead, N.Y., in September 2009.

    Four of the men were charged and a fifth was about to be arrested after the woman told police she was lured to a dormitory after a dance party. She said she was bound with rope while the five men took turns sexually assaulting her in a stall in the men's bathroom.

    Then a grainy and explicit cellphone video of the incident emerged, showing the sex was consensual. The woman recanted her story after the prosecutor asked her: “If there is a video, and I get that video, it's going to show me that what you're saying is true?”

  • "The men did nothing illegal, but that doesn't make the behavior any less despicable," wrote Newsday columnist Joye Brown about the case. At the same time, "one woman's lie could have sent five innocent young men to state prison for up to 25 years."
Weiye Loh

Outcry in America as pregnant women who lose babies face murder charges | World news | ... - 0 views

  • "If it's not a crime for a mother to intentionally end her pregnancy, how can it be a crime for her to do it unintentionally, whether by taking drugs or smoking or whatever it is," Robert McDuff, a civil rights lawyer asked the state supreme court.
  • anti-abortion groups were trying to amend the Mississippi constitution by setting up a state referendum, or ballot initiative, that would widen the definition of a person under the state's bill of rights to include a foetus from the day of conception.
  • Perhaps the most persuasive argument put forward in the amicus briefs is that if such prosecutions were designed to protect the unborn child, then they would be utterly counter-productive: "Prosecuting women and girls for continuing [a pregnancy] to term despite a drug addiction encourages them to terminate wanted pregnancies to avoid criminal penalties. The state could not have intended this result when it adopted the homicide statute."
  • ...4 more annotations...
  • South Carolina was one of the first states to introduce such a foetal homicide law. National Advocates for Pregnant Women has found only one case of a South Carolina man who assaulted a pregnant woman having been charged under its terms, and his conviction was eventually overturned. Yet the group estimates there have been up to 300 women arrested for their actions during pregnancy.
  • Bei Bei Shuai, 34, has spent the past three months in a prison cell in Indianapolis charged with murdering her baby. On 23 December she tried to commit suicide by taking rat poison after her boyfriend abandoned her.

    Shuai was rushed to hospital and survived, but she was 33 weeks pregnant and her baby, to whom she gave birth a week after the suicide attempt and whom she called Angel, died after four days. In March Shuai was charged with murder and attempted foeticide and she has been in custody since without the offer of bail.

  • In Alabama at least 40 cases have been brought under the state's "chemical endangerment" law. Introduced in 2006, the statute was designed to protect children whose parents were cooking methamphetamine in the home and thus putting their children at risk from inhaling the fumes.

    Amanda Kimbrough is one of the women who have been ensnared as a result of the law being applied in a wholly different way. During her pregnancy her foetus was diagnosed with possible Down's syndrome and doctors suggested she consider a termination, which Kimbrough declined as she is not in favour of abortion.

    The baby was delivered by caesarean section prematurely in April 2008 and died 19 minutes after birth.

    Six months later Kimbrough was arrested at home and charged with "chemical endangerment" of her unborn child on the grounds that she had taken drugs during the pregnancy – a claim she has denied.

    "That shocked me, it really did," Kimbrough said. "I had lost a child, that was enough."

  • Women's rights campaigners see the creeping criminalisation of pregnant women as a new front in the culture wars over abortion, in which conservative prosecutors are chipping away at hard-won freedoms by stretching protection laws to include foetuses, in some cases from the day of conception. In Gibbs' case defence lawyers have argued before Mississippi's highest court that her prosecution makes no sense. Under Mississippi law it is a crime for any person except the mother to try to cause an abortion.
Weiye Loh

Ugly politics in NY gay marriage vote - 0 views

  • "Our unofficial Facebook policy is not to automatically delete comments that disagree with us, but when the comments come into untruths or uncharitable, then we have to delete them," Poust said. "And when it really becomes abusive we have to ban them."

    According to the group, one Facebook post stated: "Eventually your kind of 'religion' will be extinguished from the memory of mankind forever, because this sort of interference in the lives of people you only wish to harm. You have NO MORAL AUTHORITY any longer because of your evil pedophilia."

    Another said the Catholic church only approves of marriages "that produce altar boys to be molested."

    The group deleted both.

  • "The tension has really reached a fever pitch for some people. ... I'm sure there are certain unstable members of both sides who are prone to excess," Poust said.
  • The Democrat has been using a

    kind of shuttle diplomacy to privately test proposals for additional religious exceptions within the Senate's Republican majority. He's talked to individual senators or small groups of lawmakers privately, breaking down barriers and letting them take his message to others in the Republican caucus.

    The proposed protections are aimed at saving religious groups from discrimination lawsuits if they refuse to recognize gay marriage based on their principles.

    "Will the conference allow a vote to be taken, that's the threshold," Cuomo said Wednesday evening. "I'm pro-marriage equality, I'm also pro-First Amendment, I'm pro-church-state separation and I'm pro-religious freedom. So I also have the same concern."

    Even if Republicans agree to the religious exemptions, that's no guarantee the bill will pass.

  • ...1 more annotation...
  • Vermont, New Hampshire, Connecticut, Massachusetts, Iowa and the District of Columbia allow gay marriage. Of them, all but Massachusetts and Washington, D.C., allow at least limited religious exemptions.
Weiye Loh

Gay judge, gay sex ed teacher « Yawning Bread on Wordpress - 0 views

  • Judge Ware’s decision was swift. Within 24 hours, he issued his ruling against opponents of same-sex marriage. The editorial in the Sacramento Bee lauded the verdict:

    “The sole fact that a federal judge shares the same circumstances or personal characteristics with other members of the general public, and that the judge could be affected by the outcome of a proceeding in the same way that other members of the general public would be affected, is not a basis for either recusal or disqualification,” Ware wrote.

    Federal judges can be disqualified from a case if they have a financial interest in the outcome, a close friendship with litigants, or a strong personal bias. Ware forcefully reinforced that a judge’s race, gender, religious affiliation and, yes, sexual orientation isn’t enough by itself.

    The Prop. 8 proponents insisted that they weren’t saying that Walker, who was randomly selected to hear the case, should have been disqualified just because he was gay. The issue, they said, was that he was in “the exact same shoes” as the gay and lesbian couples who brought the lawsuit to overturn Prop. 8 and could personally benefit from his own decision.

    But by their logic, female judges could be challenged from presiding over sexual harassment, abortion or equal pay cases. As Ware asked, would black judges like himself be barred from civil rights cases? Would reverse discrimination cases be off limits to white male judges? Would heterosexual ones be forbidden from taking on gay rights cases? Where would you draw the line?

    – Sacramento Bee, 15 June 2011, Editorial. Link.

  • Should a gay male teacher be barred from teaching sexuality education?

    If you say he should not teach because professionalism and impartiality is critical to the job, then the next question will obviously be: Why is a gay male teacher not considered professional or incapable of impartiality?

    If you say that partiality is the essence of the job, i.e. the purpose of sexuality education is to “promote” heterosexuality and reinforce prejudice against other sexualities, that sexuality education is a form of catechism rather than education (i.e. inculcating knowledge, questioning, self-awareness and responsibility) then the question is: Why is sexuality “education” supposed to be catechism?

  • The same questions can be asked of the second question in the survey above: Should a Muslim teacher be entrusted to teach a course in comparative religion? And if your answer to the first question is different from that to the second question, why the difference?
  • ...2 more annotations...
  • even though i disagree that gay teachers should not be disallowed to teach sexuality and that a muslim teacher should not be disallowed from teaching comparative religion~ it partly too depend on the individual that is teaching/ preaching and the audience they are teaching/ preaching to. Children from the age 14 and above would be good (i think) as they are beginning to form ideas, definitions etc, any age below that is kinda risky…
  • it largely depend on the individual~ some personal insight from them are good, brings a different perspective etc… but what if it is too much? To disallow them to teach/ preach is discrimination, but they might need certain guidelines or stuff to make sure they do not go off-track.
  •  
    Supporters of Proposition 8 (i.e. opponents of same-sex marriage) argued before Chief U.S. District Judge James Ware on Monday 13 June 2011 that because Judge Walker was himself gay and in a long-term relationship with another man, he ought to have recused himself from the trial. Having failed to do so, his ruling ought to be vacated.
Weiye Loh

Alimony and the Attractive Ex-Wife : Ong Tay & Partners - 0 views

  • That a divorcee’s looks should be taken into consideration for her own future prospects of re-settling down with another – and consequently as grounds for deciding how much money she should be getting from her previous partner as a result – is not without merit. The moral implications of such evaluation, however, verily speaks of bias against a certain demographic of women whom psychological studies have shown usually enjoy rather favourable dispositions whilst dealing with society.
  • this seemingly far-fetched interpretation of a “circumstance of the case” to be regarded by the court in determining maintenance does bring up a very liquid point which the law has up till now found awkward at best in addressing. In the case of ancillary matters, how do you put a monetary value – positive or negative – on such subjective entities as beauty, sex appeal, or charm? And what about honour, trust and love? Should the factors leading to the breakdown in marriage also be quantified, such as boredom, frigidity, selfishness, or hate?

    Should this be the way courts in future consider the issue of maintenance?

Weiye Loh

Amnesty Blogs: Press release me, let me go : Jailed for "attempted homosexual... - 0 views

  •  
    Just before Amnesty's LGBT Campaign Manager gave an interview to Gaydar Radio about Jean-Claude Roger Mbede yesterday, she and I were discussing what exactly this offence means.  It appears that despite Mr Mbede being locked up for three years for this charge, along with homosexuality, the charge "attempted homosexuality" doesn't actually exist on the country's Penal Code. 

    Judges appear to have made up the offence to 'ensnare' men who are accused of being gay but haven't been caught in the act.
Weiye Loh

Gay equality helps fight HIV, but don't oversell it « Yawning Bread on Wordpress - 0 views

  • while anti-gay legislation does indeed have this adverse effect on the health of gay and transgendered communities, a cursory look at the pattern of the HIV epidemic in Commonwealth countries will reveal that most cases are transmitted heterosexually. Kirby did try to enlarge his point by saying that anti-gay laws are just one example of the kinds of laws and policies that marginalise people at risk, e.g. sex workers, or women generally, all blunting efforts at outreach to their respective segments of society, but this mention was so quick in passing, I was afraid people might not have digested it. And that all they were left with was the impression that he had claimed anti-gay laws were the cause of the much higher incidence of HIV in Commonwealth countries. In the general case, that claim does not stand, no matter how pertinent it is to HIV among gay and transgendered people.
  • The reduction of gay equality to a matter of economic benefit troubled me. Even worse were references to the Pink Dollar, with the unstated characterisation of gay people as better off than average (Where’s the evidence? I asked) and mindlessly consumerist.

  • I am uncomfortable with too much focus on the health benefits of repeal. Firstly, the benefits can be limited because there are plenty of other factors that impact on the effectiveness of health services, and secondly, it misses the point. People who favour anti-gay legislation do so not because they primarily want to damage the health of gay people. There are a whole host of other reasons that still need addressing.

    However difficult, we cannot shirk from the most fundamental reason for repeal of Section 377A and gay equality in general: Equality is a human right, and to impair equality for one group today would undermine the claim to equality for all other groups tomorrow.

  • ...2 more annotations...
  • Australia, just in case some readers don’t know, does not have anything like our Section 377A that makes “gross indecency between two males” a criminal offence. In that sense, it is free from anti-gay legislation. Still, it is far from paradise. Homophobic groups continue to exist and to exert themselves.
  • Removing anti-gay laws does not remove anti-gay prejudice. But it strengthened his argument many times over in the quick reversal of the decision, and the demonstration by HIV groups and public bodies (Advertising Standards Bureau) of their commitment to equality when carrying out their missions.
Weiye Loh

Conversion therapy: she tried to make me 'pray away the gay' | World news | The Guardian - 0 views

  • despite the decades of abuse that gay patients have received from therapists and psychiatrists – despite the electro-convulsive therapy used until the 1980s, despite the chemical castrations, the aversion therapy (where pain is inflicted to dissuade same-sex fantasies) and despite the recent rise in fundamentalist talking therapy – no one has ever been held to account.
  • in April 2009. I heard that a conference was taking place in London for therapists and psychiatrists who wanted to learn how to convert their patients to heterosexuality. Homosexuality was removed from psychiatry's glossary of mental illnesses in 1973. How then could anyone treat something healthy? I went along to find out, posing as someone looking to be "cured". Two people agreed to treat me. The first was a psychiatrist – we'll come to him later. The second was Lesley Pilkington.
  • She set about trying to find the childhood "wounds" that she believes led to my homosexuality. But she found none. "There was no sexual abuse?" she pressed.

    "No."

    "I think there is something there . . . you've allowed things to be done to you." She then prayed: "Father, we give you permission to bring to the surface some of the things that have happened over the years." I asked who could have committed this abuse – a member of my family? "Yes, very likely," she replied.

  • ...13 more annotations...
  • Was homosexuality a mental illness, an addiction or an anti-religious phenomenon? "It's all of that," said Pilkington.
  • in January 2010, I made a formal complaint about Pilkington to the BACP.
  • Four days before the hearing Pilkington gave an interview to the Sunday Telegraph, contrary to BACP guidelines that neither party speak publicly about the case. I had not named her in my original article. She then went on the radio to talk about it. In response to Pilkington's disclosures – 48 hours before the hearing was due to take place – the BACP adjourned it and issued us both with confidentiality agreements.
  • The signed agreements would have prevented either side from ever talking about the case. My barrister, Sarah Bourke, advised me not to sign. But I couldn't decide. I didn't want to jeopardise the case but was it worth pursuing if it could never be discussed publicly? The BACP wouldn't tell me what would happen if I refused to sign.

    Meanwhile, Pilkington's representatives – the Christian Legal Centre – were making intriguing claims. On the day the hearing would have taken place, they stated that it had been postponed because one of the expert witnesses she had cited in her defence had been subject to "menacing phone calls, threats and intimidation". I was the only person named in her lawyers' statement. Although she submitted testimony from several witnesses, I never knew their names and the BACP did not call any of them.

  • But the Daily Mail ran a story regardless: "Trial of therapist who tried to 'cure' gay man is halted after 'expert defence witness is intimidated'," screamed the headline. Countless Christian websites repeated the claims. Hate mail poured in. Pilkington continued to give interviews and gave a talk at another conversion-therapy conference in London. With the agreements unsigned, the BACP decided to go ahead regardless. What was the point of adjourning the case for four months? The BACP would not explain.

  • During the hearing, Pilkington said she still "feels there's a need" for my homosexuality to be treated.
  • Was it, the panel asked, her belief that homosexuality was wrong, sinful or unnatural? "Oh yes," she replied. "There's no question about that . . . but there's a way out."
  • Equally startling, however, was what the panel asked me: on what basis did I assert that the BACP was publicly opposed to conversion therapy? I read aloud the letter the BACP had written to the Guardian in 2009 describing such therapy as "absurd" and stating that it "makes people with gay thoughts suffer extra pain". The panel was unaware of the letter and the BACP's position on the subject. After lunch the chair announced that they would disregard the statement as they "don't know who authorised it".
  • I was cross-examined at length by Pilkington's barrister and by the panel. How would someone with mental-health problems cope with that? And it isn't just the emotional challenges that could deter a complainant. Without being well educated and having free legal help to interpret the BACP's jargon-dense literature and legal letters, I would have found the process incomprehensible and intimidating.
  • although this case will serve as a precedent, it does not solve the wider problem. Even if Pilkington had been struck off completely she would still be able to carry on practising. Anyone can claim to be a therapist in Britain because there is no state regulation of the profession. "Psychotherapist" and "counsellor" are not protected titles. The BACP is a self-regulating, independent body. No one has to be a member. Thus you can't stop a bad therapist seeing clients any more than you can a fortune-teller.
  • as Michael King, professor of psychiatry at UCL, points out: "There is an error in the GMC's logic: homosexuality is not a diagnosis. To therefore offer any kind of treatment can be damaging." He added: "Self-regulation is a problem. Professions are inward looking. People don't like to criticise each other."
  • Miller told me that homosexuality "represents a pathology". He added: "The men you were having sex with or falling in love with are just as wounded as you." He concluded that because my father is a physicist, and I was always more creative, that prevented a "gender-affirming process" which in turn led to my sexualising men.
  • I complained to the General Medical Council (the Royal College of Psychiatrists has no remit for disciplinary procedures). The RCPsych has stated: "There is no sound scientific evidence that sexual orientation can be changed." Yet the GMC let Miller off without even a warning – in fact, without even a hearing.

    After receiving my complaint they appointed a consultant psychiatrist – whose identity was redacted – to write a report about the taped evidence I submitted. The crux of the report was that conventional therapeutic practices used by many psychotherapists have "as much or little scientific evidence" as conversion/reparative therapy. And yet reparative therapy is based on the work of self-proclaimed psychologist Elizabeth Moberly, who is not trained – her degree was in theology – and whose theories were not based on clinical research. The professional guideline document Good Psychiatric Practice, to which all psychiatrists are bound, states: "A psychiatrist must provide care that does not discriminate and is sensitive to issues of sexual orientation." The GMC report relating to my experience concludes: "I do not consider that Dr Miller's actions were inconsistent with Good Psychiatric Practice." I will appeal.

Weiye Loh

Letter: Don't be April-fooled by the Singaporean regime | Yale Daily News - 0 views

  • What might seem mundane in New Haven is nothing less than illegal in Singapore. Not only would protests not be allowed, but those LBQT students who are Singaporean citizens would be blacklisted and prevented from obtaining certain jobs such as teaching in public schools. If an LBQT student group were even allowed to exist in the first place, then those males found to engage in homosexual intercourse or “acts of indecency” would be subject to arrest among other punishments. Good thing Yale has all those clauses in its agreement that allow it to pull out from an unpleasant situation; unfortunately, Singaporeans can’t do the same. On Thursday I was on campus attending a talk by an English professor about gender and discourse who said, “It’s weird for me to hear a rights discourse in Singapore, because we have no rights.”
  •  
    "It's weird for me to hear a rights discourse in Singapore, because we have no rights."
Weiye Loh

Miller: Yale's principles for sale in Singapore | Yale Daily News - 0 views

  • Many years ago, Yale added sexual orientation to the list of protections covered by its non-discrimination policy. In their announcement on Thursday, President Levin and Provost Salovey stated that “our agreement with NUS … affirms consistency with Yale’s policy on non-discrimination.” This is impossible. Non-discrimination cannot be ensured on a campus in Singapore, where homosexuality is illegal.
  • The new campus’ dean-designate Prof. Charles Bailyn admits that the real problems with the proposal lie in the wider context of the Singaporean state: freedoms are only guaranteed on campus, and off-campus “is a different case, a much more complicated and in some ways difficult thing” (“Academic freedom promised at Yale-NUS,” April 1). But his opinion column seeks to discredit all moral concerns, relegating them to the “monastery.” (“Yale-NUS will build our brand,” Feb. 14)
  • Recent e-mails with the professors involved in the planning of this project have earned me mini-lectures on how we live in “a morally ambiguous world” in which choices have “dark sides,” and an admonition not to be “distracted” from gay rights issues here in the US — not something I need to be instructed about. These colleagues seem to sincerely believe that change is on the way in Singapore. “Maybe,” I am told, the presence of Yale will “indirectly influence” Singaporean law. Maybe not. But a “maybe,” and meek inquiries concerning this issue addressed to Singaporean officials, are no basis on which to sign this agreement — not when a fundamental human right is at stake. Faced with the discriminatory “Don’t Ask Don’t Tell” policy, the Yale Law School maintained an uncompromising moral stance, refusing complicity until the policy was abolished. The undergraduate community could not tolerate the return of ROTC to campus until the discriminatory policy had been revoked. Where are the principles of the larger institution now?
  • ...2 more annotations...
  • consider the ethical costs associated with Yale’s increasingly warm relationships with authoritarian régimes. When Chinese President Hu Jintao visited Yale five years ago, the red carpet was rolled out. But free speech —which Yale claims to protect — was rolled up, curtailed and compromised for the occasion. Students who chalked the words “free speech” and “teach democracy” on a sidewalk were threatened with arrest. A CNN producer was hustled out of Woodbridge Hall for daring to ask Rick Levin a question — “We invited you to cover an event, not to hold a press conference,” barked Helaine Klasky, head of public affairs. Before a hand-picked audience, President Hu was welcomed and praised by President Levin. He spoke. He answered two chosen, soft-ball questions, “submitted in advance in writing” and selected by Ernesto Zedillo, former president of Mexico and head of Yale’s Center for the Study of Globalization. Head of an authoritarian, free speech-constricting government, Hu must have felt right at home. By the time a panel of professors discussed human rights abuses at Battell Chapel later in the day, he was long gone.
  • As much as I hate to admit it, if Yale doesn't infiltrate and subvert, who will?

    Once there, the Singaporian regime is going to be hard-pressed to banish Yale's values.

    And what idiot would throw Yale out? (Nice public relations fiasco there!)

    So there may be a strategy worth playing here.

Weiye Loh

Is Singapore justice blind? « Yawning Bread on Wordpress - 0 views

  • when someone has done wrong against another, justice requires that the former pay a penalty. Less noticed are other aspects: that to be just requires that the penalty must be proportionate to the degree of wrongdoing, and that if two persons commit similar crimes, the penalties imposed on them should be comparable.
  • Both sex-related cases with victims who were underage, but there are differences. Let’s compare the two cases:

  • Today’s Straits Times carried two stories from the courts.
  • ...4 more annotations...
  • — Straits Times, 22 Feb 2011, NSF gets 18 months’ probation for underage sex
  • — Straits Times, 22 Feb 2011, Lewd proposals: Jail term upheld for ex-teacher
  • The most significant difference, in my opinion, that relate to the gravity of the offences is this: Case #1 intended and resulted in penetrative contact which in turn resulted in physical injury.

    As for mitigating factors, the perpetrator in Case #1 was himself not yet 21. Generally, the law is less harsh on those below 21 and rightly so.

  • As for whether the youngsters consented, it is an immaterial consideration. The girl seemed to have consented, but not the two boys. However it is immaterial because the law does not consider persons of that age capable of making informed consent.

    There are two questions here:

    1. Do you consider the two sentences equitable between these two offenders? If not, which do you consider too harsh or too light?

    2. Even if you consider both sentences roughly comparable given the circumstances, do you consider both sentences too harsh, too light, or just right?

    And why?

Weiye Loh

The Kids Aren't Alright, But We Can Pretend They Are | Creative Spark - 0 views

  • Singapore’s yearly budget was released on Friday, so Saturday’s newspaper had a special supplement, which included articles “Building an inclusive society”, “Towards a first-rate developed society” and “$365m a year for the arts”.

    All great stuff, but I found it in marked contrast to this article last Tuesday: “Only one print for Kids”

  • Just recently of course, our Minister Mentor Lee Kwan Yew has been talking about homosexuality in his newly released memoirs, Hard Truths To Keep Singapore Going. He’s jiggy with it and it’s all cool by him, apparently
  • The problem he says is that the invisible majority of Singaporeans just aren’t as progressive as he is, and it’s not the government’s place to try to force changes of attitude or behavior… they just follow the will of the people. If he’d made that the government mandate 46 years ago, imagine the time and money that could have been saved on all those endless social engineering campaigns and people-planning policies.
  • ...2 more annotations...
  • So, we have a generous budget but a hyper-economic-realist budget. We’ll be working on closing the income gap by lifting productivity, but some citizens will be cared for and others would be best to just drop off the radar. It’ll be an “inclusive society for all” as long as “all” is tempered to “all who fit the norms laid out by the government as being visible”. And to help that along, the censorship board makes sure that certain things are not reflected on the big screen.
  • As with many things here, it’s presented as a take-it-or-leave-it package. You have to accept it or reject it in its totality, because through fear and rhetoric it’s made to seem like a delicate house of cards. You can’t have good governance without draconian censorship. You can’t have religious and racial stability without having quota systems or sidelining a few minority rights along the way. You can’t have economic growth without having population growth, which means traditional family units. Move any of those cards and the house collapses.
Weiye Loh

MDA says Aware needs distribution licence for DVD of 2009 meeting - 0 views

  • WOMEN'S advocacy group Aware's plan to distribute a set of DVDs of its dramatic extraordinary general meeting (EGM), held in May 2009, has hit a snag.
  • The Association of Women for Action and Research (Aware) has not been able to distribute the DVDs, as it is appealing against a requirement that it needs a government licence to do so.
  • The MDA has, in the meantime, given the DVD an M18 rating - meaning it should be seen only by those aged 18 and above.
  • ...6 more annotations...
  • Aware planned to sell the four-disc DVD box set of the EGM only to its 600 members, as an official record of the event.

    But its executive director Corinna Lim, 45, said an MDA official contacted her 'a few days' after news of the $100-per-set DVDs broke last October, to ask if Aware had a distribution licence.

    Ms Lim, a former corporate lawyer, said Aware has appealed against the need for one. She argued that the licensing requirement applies to businesses, not non-profit organisations.
  • Section 6 of the Films Act states that a person must have a valid licence in order to 'carry on any business, whether or not the business is carried on for profit, of importing, making, distributing or exhibiting films'.
  • 'I really take the view that we are not obliged to have a licence, and if they make us have a licence, they would be setting a terrible precedent for Singapore.

    'That means any organisation that wants to distribute to your shareholders or just your members would need a licence.'

    She noted that recordings of the EGM were online, such as on video-sharing site YouTube.
  • But MDA director of customer services and operations Pam Hu told The Straits Times yesterday that the MDA has required some religious and arts groups - and not just businesses - to possess the distribution licence.

    Ms Hu added, however, that the MDA is reviewing Aware's appeal and would notify the group of the outcome shortly.
  • On the M18 rating, she said this is because the DVDs 'feature discussion of homosexuality and Aware's sexuality programme, which stirs up strong emotion among the members'.

    'This contributed to the M18 rating as it requires maturity to understand the issues discussed and not be carried away by the emotive passion of the meeting.'
  • Observers were divided on how to interpret the law.

    Singapore Management University assistant law professor Eugene Tan said the language of the law does not limit its reach and thus could apply to Aware.

    But Professor Ang Peng Hwa, of Nanyang Technological University's Wee Kim Wee School of Communication and Information, said Aware should not need a licence as it does not distribute films in its normal course of work.

    'If it needs to have a licence, that means any company that does a corporate video will also need (one). MDA will be flooded with licensing (applications),' he said.
Weiye Loh

To Have and To Hold- Guest Post by Fenner Pearson « Guardian Watch - 0 views

  • little girls – and teenage girls and girls in their twenties – dream about their wedding day. Is it something in the human psyche or, as Suzanne Moore says in her article in The Guardian on Saturday (http://www.guardian.co.uk/commentisfree/2011/feb/12/suzanne-moore-marriage-tax-breaks), just a cultural artefect?
  • I’m ambivalent about marriage (even though I’m on my second one). If two people want to make a lifelong commitment, that’s fine. Is it realistic? It depends on the couple. Do I think it’s meaningful? No, not really. Years ago, I worked with a divorced woman who had been married for a couple of years. Since her divorce, she’d seen her ex-husband once, in a supermarket. The marriage might not have been for life but the separation was obviously working out very well.
  • It’s not marriage that binds you for life, it’s children. With the dishonourable exception of those runaway, absentee father, of course, and they bring me to my first main point in writing this: the CSA and the consequent implications for how the state views fathers, a view sustained by The Guardian.
  • ...7 more annotations...
  • When the CSA was first introduced, it laudably went after those fathers who had apparently abandoned their children (and I’ll return to that ‘apparently’ in a moment). In the end though, it took the easier road of harrassing those fathers who were already in touch with their children and helping to support them. And, like solicitors during a divorce, the ‘help’ provided often was a source of renewed antagonism between the estranged parents.
  • if you are the father of a child but were not married to the mother, then whilst the CSA can pursue you for support payments, you have no right under law to see your child. That’s right. The law recognises you as the father as far as making you pay is concerned but doesn’t grant you the right to see and love that child.
  • Nearly ten years ago a friend of mine rang me to tell me his on-off girlfriend was pregnant and my immediate advice to him was to marry her.
  • I told him to marry her because it would give him a legal right to see his own child.
  • I’m sorry Suzanne missed this argument for getting married out of her article. The thrust of it, of course, was about tax and the government’s rewards for those who are lucky enough to enter and remain in a happy marriage, so I’m not criticising her. But if she was looking for a counterargument, a reason as to why people should marry, then this is it, at least for the men.
  • even if you are divorced, then access to children is, by default, controlled by the mother. So, although Suzanne says “There are two separate issues. One concerns the people who don’t get married in the first place. The other is divorce”, the truth is that for men, both situations bring the very similar issues. The difference, though, is that as a divorced man, you do have a legal right to access.
  • Coincidentally, though, Suzanne is directly on-message with The Guardian, which is happy enough to print random, unsubstantiated and often ill-thought out diatribes against men by a small group of ‘feminists’ but doesn’t give sufficient space to those men who have have a genuine grievance against the law. Woman can be both as fair and as unfair as men and it is completely wrong to leave the access to the children in their hands.
  •  
    The law recognises you as the father as far as making you pay is concerned but doesn't grant you the right to see and love that child.
Weiye Loh

Parliament passes changes to Women's Charter - Channel NewsAsia - 0 views

  • SINGAPORE: Parliament has passed sweeping changes to the Women's Charter, which was last amended 15 years ago.

    The key to the changes is making sure divorced men pay up to support their children and ex-wives.
  • a man who defaults on maintenance payments will have to go for financial counselling and do community service.

    His maintenance debts can also be reported to credit bureaus, which would affect his credit worthiness.
  • Still, some MPs questioned if more can be done, such as confiscating a spouse's travel documents, imposing curfews or even confiscating handphones.
  • ...3 more annotations...
  • Instead, the government has opted for measures such as requiring those who re-marry to declare their maintenance debts.
  • There were also calls for greater parity in the treatment between men and women in issues related to a failed marriage, such as access-to-children rights.
  • The minister also explained why even after 50 years, the Women's Charter will not be renamed to a more gender neutral "Family Charter" to reflect the changing role of men and women in bringing up kids.

    He said: "The brutal truth is even today after we have made much progress, women and children still need protection. Furthermore, we also have to ask ourselves whether as a society, have we reached a point where the majority of us are willing to say that a woman has the responsibility to support a man after a divorce?

    "I'm not sure outside this House that a majority of people have come round to this view. So my sense is: we will hold the current position but flag this up as a constant review."
Weiye Loh

Management of gays revisited, part 1 « Yawning Bread on Wordpress - 0 views

  • Michael Hor noted that despite the vocal attempts to demonise gay people and paint homosexual orientation as injurious (including by some members of the ruling party) the government did not subscribe to such reasoning. Yet the government chose to keep the law.
  • The “key speech arguing for the retention of 377A” that Hor refers to was that made by Thio.

    Hor then goes on to discover that the government’s decision was bi-layered. The surface justification, going by the prime minister’s words, was that it would be symbolic — a “signpost of heterosexual orthodoxy”.

    Hor next asks what the motivation might be for wanting such a symbol. He examines the possibility that it could be to steer people towards heterosexual orientation, yet the government itself, from its own words, does not believe so.

  • As was well-known, the anti-gay movement was religiously inspired. The government however was neither dictated nor swayed by them, Hor said. In fact, the government “roundly rejected” the movement’s essential beliefs. Still, it appears that the government did not want to annoy them any further by leaving them empty-handed. That motivation alone made the government decide to retain 377A.
  • ...6 more annotations...
  • But, Hor points out,

    Page 340:

    to give legislative effect to a norm which stems almost exclusively from Christian or Muslim beliefs does appear to be a curiously misguided decision. Take the example of the prohibition against eating pork — certainly a tenet of Islam and Judaism. No one would even suggest that we enact a law banning the consumption of pork in Singapore, even for Muslims, no matter how strongly these two religious communities feel about it.

  • With reference to the constitutional guarantee of equality before the law, Hor explains that this provision requires that,

    Page 340:

    law must not be “arbitrary”; there must be a “rational nexus” or “reasonable classification” between what the law targets and the purpose for which it is laid down.

  • Laws must be tested for “fit” and “weight”, he said. With respect to the former, the question is whether the classification of the target persons affected by the law fits the intended purpose of the law. As for “weight”, the question is whether whatever the problem the law purports to deal with is real and serious enough to justify the intervention of criminal sanction. Or is it mostly capricious?
  • decision to retain 377A is gravely problematic on both fronts. It does not fit very well at all. . . . If, as we have seen, the legislature was acting in some manner on the antipathy of certain segments of society towards homosexual activity, then the non-inclusion of women in 377A is a very huge omission indeed — more than half our population and presumably half of all homosexual activity.  It would be akin to subjecting half all our cars to a certain speed limit rule based on the colour of the car.
  • The element of “weight” is no less shaky. Can the sole purpose of accommodation of sectarian sensibilities ever be weighty enough to justify the criminalization of private sexual conduct between consenting adults? If the answer is “yes”, then it is hard to imagine for what earthly purpose the equal protection clause was written into the Constitution for. It is not the case that the Legislature has made a judgment that 377A activity is sufficiently harmful to society to attract criminal sanctions. . . the speech of PM Lee shows a clear belief that it is not so harmful — but 377A was to remain for, apparently, the sole purpose of appeasing those who disapprove.
  • It is not difficult to see that if the desire to accommodate a disapproving segment of society is reason enough, that would result in the evisceration of equal protection. . . Equal protection is about protection against prejudice, and if the government does not buy into the substantive arguments (of those who disapprove) for criminalization, then those putative reasons become, as far as the government is concerned, prejudice.
  •  
    In Chapter 19 of a new book Management of Success, Singapore revisited, National University of Singapore law professor Michael Hor makes a strong argument that Section 377A of the Penal Code is unconstitutional. This is the law that makes it an offence for men to have sexual relations with each other, effectively criminalising male homosexuality.
Weiye Loh

Excessive maternity leave and huge sex discrimination payouts 'risk backfiring on women... - 0 views

  •  
    Excessive maternity leave and huge sex discrimination payouts 'risk backfiring on women'

    See also: Are women paying for sexism laws? (http://news.bbc.co.uk/2/hi/business/8309508.stm)
1 - 20 of 21 Next ›
Showing 20 items per page
Move to top