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Papers by severyna magill
Journal of Aggression, Conflict and Peace Research, Dec 8, 2022
Purpose-In March 2020, the UK entered its first lockdown responding to the Covid-19 pandemic. In ... more Purpose-In March 2020, the UK entered its first lockdown responding to the Covid-19 pandemic. In the same month, the Domestic Abuse Bill had its first reading in Parliament. Charities and nongovernmental organisations critiqued the Bill for failing to protect migrants from domestic abuse, and not complying with the Istanbul Convention. Drawing on interviews with staff from Southall Black Sisters this paper foregrounds the experiences of practitioners within the women's sector to explore the unique experiences and challenges migrant and racially minoritised women encountered when seeking support from domestic abuse during the Covid-19 pandemic. It highlights how the pandemic related lockdowns created barriers to accessing support services and housing, creating an epidemic within the pandemic, and how minoritised women and the organisations that supported them had to overcome structural barriers and racism. Design/Methodology/Approach-In-depth semi-structured interviews were conducted with staff from a leading women's organisation that supports migrant and racially minoritised women. Four participants were asked questions within four themes: domestic abuse before and during the pandemic; accessing support for and reporting domestic abuse; accessibility of resources; and postpandemic challenges. A phenomenological approach was used to analyse the transcribed interviews. Findings-Participants consistently highlighted the unique threats and barriers migrant and racially minoritised women faced when seeking support. Barriers included racism, language barriers, cultural constraints, the triple threat of destitution, detention, and deportation, and political resistance to protect migrant women from destitution/homelessness. Originality/Value-This paper provides a unique insight into the experiences of staff members within a specialist by and for women's support organisation in England and their perspectives on the barriers racially minoritised and migrant women experienced during the Covid-19 pandemic. It offers rare insights into how service users' needs changed during the lockdowns, and how the pandemic affected their ability to operate.
Helena Kennedy Centre ffor International Justice, Mar 3, 2021
In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Pu... more In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Puttaswamy v Union of India. While considering the right to privacy, the Supreme Court referenced international case law charting the right to use contraception and to access abortion. Indian jurisprudence already has a wealth of case law on reproductive rights, often referencing the same principles of liberty, autonomy, and dignity that the Puttaswamy judgment refers to. After Puttaswamy, there has been much talk about the scope of reproductive rights in India being broadened. This article contributes and builds upon this discourse as it seeks to predict how the Supreme Court will respond to future challenges using the new constitutional right to privacy. It maps the legal framework under the Medical Termination of Pregnancy Act, which regulates access to abortion within India and considers issues relating to access to abortion, the continuing practise of sex-determination and sex-preferr...
66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment... more 66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment with the Irish Prime Minister, Leo Varadkar, calling the event a “quiet revolution” for women’s rights. The 8th Amendment grants an equal right to life to the unborn and the pregnant person effectively prohibiting access to abortion. The constitutional provision will now be repealed and new legislation will replace it. This short piece explains the referendum, its result and potential new law that will replace the Irish 8th Constitutional Amendment that will, as a result of the referendum, be repealed.
The Right to Privacy and Access to Abortion in a Post- Puttaswamy World, 2020
In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Pu... more In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Puttaswamy v Union of India. Whilst considering how the right to privacy has evolved the Supreme Court referenced international case law charting the right to use contraception and to access abortion. Indian jurisprudence already has a wealth of case law on reproductive rights, often referencing the same principles of liberty, autonomy, and dignity that the Puttaswamy judgment refers to. After Puttaswamy there has been much talk about the scope of reproductive rights in India being broadened. This article contributes and builds upon this discourse as it seeks to predict how the Supreme Court will respond to future challenges using the new constitutional right to privacy. It maps the legal framework under the Medical Termination of Pregnancy Act, which regulates access to abortion within India and considers issues relating to access to abortion, the continuing practise of sex-determination and sex-preferred abortions, and debates surrounding access to abortion where foetuses have been diagnosed with medical conditions likely to affect their quality of life, and/or survival. This article examines liberty, autonomy, and dignity as they are articulated within the Puttaswamy decision and how they are represented within existing reproductive rights jurisprudence and academic debates with reference to access to abortion. This approach aims to predict how any future challenge to the Medical Termination of Pregnancy Act’s provisions using the new constitutional right to privacy will be responded to by the Supreme Court of India.
Labelling of women who don’t tow the patriarchal line as promiscuous and pro-state is intended to... more Labelling of women who don’t tow the patriarchal line as promiscuous and pro-state is intended to intimidate complainants, their advocates and women who are yet to come forward.... With so many obstacles for women to access justice within the existing judicial system, as well as its limitations to respond to the full spectrum of violence, a broader solution is required. It should no longer be acceptable to expect individuals to file cases and seek redress, this only places additional burdens on already victimised individuals. We must move forward. As Indira Jaising has already argued employment and educational institutions must assume the responsibility of ensuring they manage safe establishments for all. Awareness of how small acts of intimidation and discrimination, if not addressed, create an environment that enables discrimination to flourish, must become our social aim.
Today marks the fifth anniversary of Savita Halappanavar's untimely and preventable death in the ... more Today marks the fifth anniversary of Savita Halappanavar's untimely and preventable death in the Republic of Ireland. As a response to many high profile cases heard by both the European Court of Human Rights, and the UN's Human Rights Committee this paper outlines what Ireland is doing to reform its abortion laws and how this may help to uphold women's rights in the future to prevent future preventable loss of lives.
The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it app... more The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it appears to create a new test for consent. This short response to the case examines the new burdens the case creates as obstacles for the state to secure a rape conviction and how this is dangerous for would be complainants.
66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment... more 66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment with the Irish Prime Minister, Leo Varadkar, calling the event a “quiet revolution” for women’s rights. The 8th Amendment grants an equal right to life to the unborn and the pregnant person effectively prohibiting access to abortion. The constitutional provision will now be repealed and new legislation will replace it. This short piece explains the referendum, its result and potential new law that will replace the Irish 8th Constitutional Amendment that will, as a result of the referendum, be repealed.
To secure a murder conviction in the UK the chain of causation in UK criminal law must be unbroke... more To secure a murder conviction in the UK the chain of causation in UK criminal law must be unbroken between an accused's action and a victim's suicide. This piece explores the consequences of a violent acid attack and due to the subsequent disability a man's choice to have euthanasia in Belgium. At the UK trial it was the UK's understanding of assisted dying that really seemed to be on trial, more than the attacker's action.
Journal of Aggression, Conflict and Peace Research, Dec 8, 2022
Purpose-In March 2020, the UK entered its first lockdown responding to the Covid-19 pandemic. In ... more Purpose-In March 2020, the UK entered its first lockdown responding to the Covid-19 pandemic. In the same month, the Domestic Abuse Bill had its first reading in Parliament. Charities and nongovernmental organisations critiqued the Bill for failing to protect migrants from domestic abuse, and not complying with the Istanbul Convention. Drawing on interviews with staff from Southall Black Sisters this paper foregrounds the experiences of practitioners within the women's sector to explore the unique experiences and challenges migrant and racially minoritised women encountered when seeking support from domestic abuse during the Covid-19 pandemic. It highlights how the pandemic related lockdowns created barriers to accessing support services and housing, creating an epidemic within the pandemic, and how minoritised women and the organisations that supported them had to overcome structural barriers and racism. Design/Methodology/Approach-In-depth semi-structured interviews were conducted with staff from a leading women's organisation that supports migrant and racially minoritised women. Four participants were asked questions within four themes: domestic abuse before and during the pandemic; accessing support for and reporting domestic abuse; accessibility of resources; and postpandemic challenges. A phenomenological approach was used to analyse the transcribed interviews. Findings-Participants consistently highlighted the unique threats and barriers migrant and racially minoritised women faced when seeking support. Barriers included racism, language barriers, cultural constraints, the triple threat of destitution, detention, and deportation, and political resistance to protect migrant women from destitution/homelessness. Originality/Value-This paper provides a unique insight into the experiences of staff members within a specialist by and for women's support organisation in England and their perspectives on the barriers racially minoritised and migrant women experienced during the Covid-19 pandemic. It offers rare insights into how service users' needs changed during the lockdowns, and how the pandemic affected their ability to operate.
Helena Kennedy Centre ffor International Justice, Mar 3, 2021
In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Pu... more In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Puttaswamy v Union of India. While considering the right to privacy, the Supreme Court referenced international case law charting the right to use contraception and to access abortion. Indian jurisprudence already has a wealth of case law on reproductive rights, often referencing the same principles of liberty, autonomy, and dignity that the Puttaswamy judgment refers to. After Puttaswamy, there has been much talk about the scope of reproductive rights in India being broadened. This article contributes and builds upon this discourse as it seeks to predict how the Supreme Court will respond to future challenges using the new constitutional right to privacy. It maps the legal framework under the Medical Termination of Pregnancy Act, which regulates access to abortion within India and considers issues relating to access to abortion, the continuing practise of sex-determination and sex-preferr...
66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment... more 66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment with the Irish Prime Minister, Leo Varadkar, calling the event a “quiet revolution” for women’s rights. The 8th Amendment grants an equal right to life to the unborn and the pregnant person effectively prohibiting access to abortion. The constitutional provision will now be repealed and new legislation will replace it. This short piece explains the referendum, its result and potential new law that will replace the Irish 8th Constitutional Amendment that will, as a result of the referendum, be repealed.
The Right to Privacy and Access to Abortion in a Post- Puttaswamy World, 2020
In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Pu... more In August 2017 India’s Supreme Court ruled that a Constitutional right to privacy exists in KS Puttaswamy v Union of India. Whilst considering how the right to privacy has evolved the Supreme Court referenced international case law charting the right to use contraception and to access abortion. Indian jurisprudence already has a wealth of case law on reproductive rights, often referencing the same principles of liberty, autonomy, and dignity that the Puttaswamy judgment refers to. After Puttaswamy there has been much talk about the scope of reproductive rights in India being broadened. This article contributes and builds upon this discourse as it seeks to predict how the Supreme Court will respond to future challenges using the new constitutional right to privacy. It maps the legal framework under the Medical Termination of Pregnancy Act, which regulates access to abortion within India and considers issues relating to access to abortion, the continuing practise of sex-determination and sex-preferred abortions, and debates surrounding access to abortion where foetuses have been diagnosed with medical conditions likely to affect their quality of life, and/or survival. This article examines liberty, autonomy, and dignity as they are articulated within the Puttaswamy decision and how they are represented within existing reproductive rights jurisprudence and academic debates with reference to access to abortion. This approach aims to predict how any future challenge to the Medical Termination of Pregnancy Act’s provisions using the new constitutional right to privacy will be responded to by the Supreme Court of India.
Labelling of women who don’t tow the patriarchal line as promiscuous and pro-state is intended to... more Labelling of women who don’t tow the patriarchal line as promiscuous and pro-state is intended to intimidate complainants, their advocates and women who are yet to come forward.... With so many obstacles for women to access justice within the existing judicial system, as well as its limitations to respond to the full spectrum of violence, a broader solution is required. It should no longer be acceptable to expect individuals to file cases and seek redress, this only places additional burdens on already victimised individuals. We must move forward. As Indira Jaising has already argued employment and educational institutions must assume the responsibility of ensuring they manage safe establishments for all. Awareness of how small acts of intimidation and discrimination, if not addressed, create an environment that enables discrimination to flourish, must become our social aim.
Today marks the fifth anniversary of Savita Halappanavar's untimely and preventable death in the ... more Today marks the fifth anniversary of Savita Halappanavar's untimely and preventable death in the Republic of Ireland. As a response to many high profile cases heard by both the European Court of Human Rights, and the UN's Human Rights Committee this paper outlines what Ireland is doing to reform its abortion laws and how this may help to uphold women's rights in the future to prevent future preventable loss of lives.
The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it app... more The recent Delhi High Court judgment acquitting Mahmood Farooqui of rape is problematic as it appears to create a new test for consent. This short response to the case examines the new burdens the case creates as obstacles for the state to secure a rape conviction and how this is dangerous for would be complainants.
66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment... more 66% of voters at Ireland’s referendum have voted to repeal the Irish Constitution’s 8th Amendment with the Irish Prime Minister, Leo Varadkar, calling the event a “quiet revolution” for women’s rights. The 8th Amendment grants an equal right to life to the unborn and the pregnant person effectively prohibiting access to abortion. The constitutional provision will now be repealed and new legislation will replace it. This short piece explains the referendum, its result and potential new law that will replace the Irish 8th Constitutional Amendment that will, as a result of the referendum, be repealed.
To secure a murder conviction in the UK the chain of causation in UK criminal law must be unbroke... more To secure a murder conviction in the UK the chain of causation in UK criminal law must be unbroken between an accused's action and a victim's suicide. This piece explores the consequences of a violent acid attack and due to the subsequent disability a man's choice to have euthanasia in Belgium. At the UK trial it was the UK's understanding of assisted dying that really seemed to be on trial, more than the attacker's action.