![]() | Anne-Isabelle Thuysbaert |
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02.08.2024-27.09.2024
The problematization of mechanisms for the prevention, reduction, management, and sanction of obstetric violence as systemic and gender-based violence
The objective of the research is to question the Belgian legal framework and to propose effective regulatory mechanisms aiming at preventing and fighting against VO as well as protecting persons at-risk.
The methodology will take into account solutions from abroad and the realities on the ground. More broadly, this research will be an opportunity to deconstruct the appearance of neutrality of the law and to make it appear as a place of power, even of violence, against persons of the female sex or gender.
Through its object, the research will also explore major shifts affecting criminal law and health law. For example, I will explore the evolution from regulatory and repressive logics to those of risk management. Indeed, VOs are a "structural threat", like harassment. Furthermore, the "naturalization" of the power relations that underlies OVs leads to reflect on the place of subjectivities in criminal law, such as the question of intentionality as a constitutive element of an offence and on whether the subjective experience of the victim is to be taken into account. The institutional character of the VOs will also give the opportunity to consider the responsibility of the legal persons by leaving the analogy made with the physical persons.
I will write this thesis in French in the form of a monograph. A synthesis article will also be published in English. The project should be defended within forty-eight months.