Feminist sociologists and activists have drawn attention to how violence against women is linked to structural and cultural factors that subordinate women, mainly intersecting inequalities and limited rights. Mobilization by the Battered Women’s and Anti-Violence Movements, media attention, legislation, and policy have increased awareness and support to address violence against women. However, activists and researchers have also critiqued the problems with invoking the power of the state. The authors interrogate the role of the state in addressing domestic violence, especially in the context of immigration in the neoliberal era. More specifically, they examine how domestic violence, as legal and policy discourse, has been framed in Canada and the US, and the resulting forms of intervention. Through a critical literature review the authors show how this framing impacts immigrant and racialized women facing domestic violence. The article highlights problems and gaps in the respective discourses, as well as indicates possibilities for change.
AbrahamM (1995) Ethnicity, gender, and marital violence: South Asian women’s organizations in the United States. Gender and Society9(4): 450–468.
2.
AbrahamM (1998) Speaking the unspeakable: Marital violence against South Asian immigrant women in the United States. Indian Journal of Gender Studies5(2): 215–241.
3.
AbrahamM (2000) Speaking the Unspeakable: Marital Violence among South Asian Immigrants in the United States. New Brunswick, NJ: Rutgers University Press.
4.
AbrahamM (2005) Domestic violence and the Indian diaspora in the United States. Indian Journal of Gender Studies12(2–3): 427–451.
5.
Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls (2014) Government of Canada. Available at: www.swc-cfc.gc.ca/violence/efforts/action-eng.pdf (accessed 29 August 2015).
6.
Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation (2015) Final Report of the Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse Policies and Legislation. Department of Justice, Government of Canada. Available at: justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/pol/p2.html#a14i (accessed 16 January 2016).
7.
AgnewV (1998) In Search of a Safe Place: Abused Women and Culturally Sensitive Services. Toronto: University of Toronto Press.
8.
AgnewV (2003) Gender, Migration and Citizenship Resources Project. Ottawa, ON: Status of Women Canada. Available at: www.cwhn.ca/en/node/25062 (accessed 11 March 2016).
9.
AhmadFRiazSBarataP (2004) Patriarchal beliefs and perceptions of abuse among South Asian immigrant women. Violence Against Women10(3): 262–282.
10.
AkinparA (2003) The honour/shame complex revisited: Violence against women in the migration context. Women’s Studies International Forum26(5): 425–442.
11.
AuchterBMooreA (2013) Mounting and sustaining the Violence against Women Research and Evaluation Program at the National Institute of Justice. Violence Against Women19(6): 687–712.
12.
BaileyKD (2010) Lost in translation: Domestic violence, ‘the personal is political,’ and the criminal justice system. Journal of Criminal Law and Criminology100(4): 1255–1300.
13.
BannerjiH (2002) A question of silence: Reflections on violence against women in communities of colour. In: McKennaKMJLarkinJ (eds) Violence Against Women: New Canadian Perspectives. Toronto: Inana Publications and Education Inc., pp. 353–370.
14.
BarnesBM (2001) Family violence knows no cultural boundaries. Journal of Family and Consumer Sciences93(1): 11–14.
15.
BartPBMoranE (eds) (1993) Violence Against Women: The Bloody Footprints. Thousand Oaks, CA: Sage.
16.
BidyaRPurkayasthaB (2007) Minority within a minority: Reflecting on marital violence in the Nepali American community. In: DasguptaSD (ed.) Body Evidence: Intimate Violence Against South Asian Women. New Brunswick, NJ: Rutgers University Press, pp. 38–52.
17.
BonnycastleKDRigakosGS (eds) (1998) Unsettling Truths: Battered Women, Policy, Politics, and Contemporary Research in Canada. Vancouver: Collective Press.
18.
BrodieJ (2008) We are all equal now: Contemporary gender politics in Canada. Feminist Theory9(2): 145–164.
19.
BrooksR (1997) Feminists negotiate the legislative branch: The Violence Against Women Act. In: DanielsCRBrooksR (eds) Feminist Negotiate the State: The Politics of Domestic Violence. Lanham, MD: University Press of America, pp. 65–82.
20.
BuiHN (2003) Help-seeking behavior among abused immigrant women: A case of Vietnamese American women. Violence Against Women9(2): 207–239.
21.
BumillerK (2008) In an Abusive State: How Neoliberalism Appropriated the Feminist Movement Against Sexual Violence. Durham, NC and London: Duke University Press.
22.
BumillerK (2013) Feminist collaboration with the state in response to sexual violence: Lessons from the American experience. In: TrippAMFerreeMMEwigC (eds) Gender, Violence and Human Security: Critical Feminist Perspectives. New York University Press, pp. 191–213.
Canadian Panel on Violence Against Women (1993) Changing the Landscape: Ending Violence - Achieving Equality. Ottawa, ON: Minister of Supply and Services Canada.
25.
CokerD (2003) Foreword: Addressing the real world of racial injustice in the criminal justice system. Journal of Criminal Law and Criminology93(4): 827–880.
26.
CokerD (2004) Race, poverty, and crime-centered response to domestic violence. Violence Against Women10(11): 1331–1353.
27.
CollinsPH (1990) Black Feminist Thought: Knowledge, Consciousness and the Politics of Empowerment. New York: Routledge.
28.
CottrellBTastsoglouEMoncayoCC (2009) Violence in immigrant families in Halifax. In: AgnewV (ed.) Racialized Migrant Women in Canada: Essays on Health, Violence and Equity. Toronto: University of Toronto Press, pp. 70–94.
29.
CrenshawK (1991) Mapping the margins: Intersectionality, identity politics, and violence against women of color. Stanford Law Review43: 1241–1299.
CurrieDH (1990) Battered women and the state: From the failure of theory to a theory of failure. The Journal of Human Justice1(2): 77–96.
32.
DasguptaSD (ed.) (2007) Body Evidence: Intimate Violence Against South Asian Women. New Brunswick, NJ: Rutgers University Press.
33.
DasguptaSDWarrierS (1996) In the footsteps of ‘Arundhati’: Asian Indian women’s experience of domestic violence in the United States. Violence Against Women2(3): 238–259.
34.
DeKeseredyWS (2011) Violence Against Women: Myths, Facts, Controversies. Toronto: University of Toronto Press.
35.
DeRiviereL (2014) The Healing Journey: Intimate Partner Abuse and its Implications in the Labour Market. Halifax: Fernwood.
36.
DobashREDobashR (2000) Evaluating criminal justice interventions for domestic violence. Crime and Delinquency46( 2): 252–270.
37.
DonnellyDACookKJVan AusdaleDFoleyL (2005) White privilege, color blindness, and services to battered women. Violence Against Women11(1): 6–37.
38.
DrakichJGubermanC (1988) Violence in the family. In: AndersonK (ed.) Family Matters: Sociology and Contemporary Canadian Families. Scarborough, ON: Nelson Canada, pp. 201–235.
39.
DuttonMOrloffLHassGA (2000) Characteristics of help-seeking behaviors, resources, and services needs of battered immigrant Latinas: Legal and policy implications. Georgetown Journal on Poverty Law and Policy7(2): 245–305.
40.
EliassonMLundyC (1999) Organizing to stop violence against women in Canada and Sweden. In: BriskinLEliassonM (eds) Women’s Organizing and Public Policy in Canada and Sweden. Canada: McGill University Press, pp. 280–309.
41.
EllisJ (2009) First Nations justice initiatives in Canada. Totem: The University of Western Ontario Journal of Anthropology17(1): Article 12. Available at: ir.lib.uwo.ca/totem/vol17/iss1/12 (accessed on 16 January 2016).
42.
ErezE (2000) Immigration, culture conflict and domestic violence/woman battering. Crime Prevention and Community Safety: An International Journal12(1): 27–36.
43.
ErezEBachS (2003) Immigration, domestic violence, and the military. Violence Against Women9(9): 1093–1117.
44.
ErezEHartleyCC (2003) Battered immigrant women and the legal system: A therapeutic jurisprudence perspective. Western Criminology Review4(2): 155–169.
FongJ (ed.) (2010) Out of the Shadows: Woman Abuse in Ethnic, Immigrant and Aboriginal Communities. Toronto: Women’s Press.
47.
FriedmanL (1985) Wife assault. In: GubermanCWolfeM (eds) No Safe Place: Violence Against Women and Children. Georgetown, ONT: Women’s Press.
48.
HageyRChoudhryUGurugeS. (2001) Immigrant nurses’ experience of racism. Journal of Nursing Scholarship33(4): 389–394.
49.
HannaC (1996) No right to choose: Mandated victim participation in domestic violence prosecutions. Harvard. Law Review109(8): 1849–1910.
50.
HightowerNRGortonJVDeMossCL (2000) Predictive models of domestic violence and fear of intimate partners among migrant and seasonal farm worker women. Journal of Family Violence15(2): 137–154.
51.
HymanIGurugeSMasonR. (2004) Post-migration changes in gender relations among Ethiopian couples living in Canada. Canadian Journal of Nursing Research36(4): 74–89.
JohnsonHDawsonM (2011) Violence Against Women in Canada: Research and Policy Perspectives. Don Mills, ON: Oxford University Press.
54.
KimJYEmeryC (2003) Marital power, conflict, norm consensus, and marital violence in a nationally representative sample of Korean couples. Journal of Interpersonal Violence18(2): 197–219.
55.
LaRocqueED (2002) Violence in aboriginal communities. In: McKennaKMJLarkinJ (eds) Violence Against Women: New Canadian Perspectives. Toronto: Inana Publications and Education Inc. pp. 147–162.
56.
LeeD (2015) Intimate partner violence against Asian American women: Moving from theory to strategy. Columbia Journal of Gender and Law28(2).
57.
McIvorSDNahaneeTA (1998) Aboriginal women: Invisible victims of violence. In: BonnycastleKDRigakosGS (eds) Unsettling Truths: Battered Women, Policy, Politics, and Contemporary Research in Canada. Vancouver: Collective Press, pp. 63–70.
58.
McLeodL (1980) Wife Battering in Canada: The Vicious Circle. Ottawa: Minister of Supply and Services.
59.
ManeyMGAbrahamM (2008) Boundary making in NIMBY: Opposition to immigrant services. Social Justice33(4): 66–82.
60.
MarshallPFVaillancourtMA (1993) Changing the Landscape: Ending Violence – Achieving Equality. Final Report. Ottawa: Canadian Panel on Violence Against Women.
61.
MichalskiJH (2004) Making sociological sense out of trends in intimate partner violence. Violence Against Women10(6): 652–675.
62.
MiedemaBWachholzS (2000) Risk, fear, harm: Immigrant women’s perception of the ‘policing solution’ to woman abuse. Crime, Law and Social Change34(3): 301–317.
MorrowMHankivskyOVarcoeC (2004) Women and violence: The effects of dismantling the welfare state. Critical Social Policy24(3): 358–384.
65.
MosherJE (2009) The complicity of the state in the intimate abuse of immigrant women. In: AgnewV (ed.) Racialized Migrant Women in Canada: Essays on Health, Violence and Equity. Toronto: University of Toronto Press, pp. 41–69.
66.
MoussaH (1999) Violence against refugee women: Gender oppression, Canadian policy, and the international struggle for human rights. Resources for Feminist Research26(3/4): 79–111.
67.
MoynihanBGabouryMTOnkenKJ (2008) Undocumented and unprotected immigrant women and children in harm’s way. Journal of Forensic Nursing4(3): 123–129.
68.
Nason-ClarkNFisher-TownsendBMcMullinSHoltmannC (2014) Family violence in Canada. In: AsaySDeFrainJMetzgerMMoyerB (eds) Family Violence from a Global Perspective: A Strengths-based Approach. Los Angeles: Sage, pp. 182–199.
OrloffLEDuttonMAAguilar HassGAmmarNH (2003) Battered immigrant women’s willingness to call for help and police response. UCLA Women’s Legal Journal13: 43–100.
71.
Oxman-MartinezJAbdoolSNLoiselle-LeonardM (2000) Immigration, women and health in Canada. Canadian Journal of Public Health91(5): 394–395.
72.
PtacekJ (ed.) (2010) Restorative Justice and Violence Against Women. Oxford: Oxford University Press.
73.
RajASilvermanJG (2003) Immigrant South Asian women at greater risk for injury from intimate partner violence. American Journal of Public Health93(3): 435–436.
74.
RichieBE (2012) Arrested Justice: Black Women, Violence, and America’s Prison Nation. New York and London: New York University Press.
75.
RichieBEKanuhaV (1993) Battered women of color in the public health system: Racism, sexism and violence. In: BlairBCayleffS (eds) Wings of Gauze: Women of Color and the Experience of Health and Illness. Detroit, IL: Wayne State University Press.
76.
RosenbergKE (2008) From moderate chastisement to mandatory arrest: Responses to violence against women in Canada and the United States. Dissertation, University of Washington.
77.
SalcidoOAdelmanM (2004) He has me tied with the blessed and damned papers: Undocumented-immigrant battered women in Phoenix, Arizona. Human Organization63(2): 162–172.
78.
SeghettiLMBjeloperaJP (2012) The Violence Against Women Act: Overview, legislations and federal funding. Congressional Research Services.
79.
SharmaA (2001) Healing the wounds of domestic abuse. Violence Against Women7(12): 1405–1428.
80.
ShirwadkarS (2004) Canadian domestic violence policy and Indian immigrant women. Violence Against Women10(8): 860–879.
81.
SokoloffNJPearceSC (2011) Intersections, immigration, and partner violence: A view from a new gateway – Baltimore, Maryland. Women and Criminal Justice21(3): 250–266.
82.
SokoloffNJPrattC (eds) (2005) Domestic Violence at the Margins: Readings on Race, Class, Gender and Culture. New Brunswick, NJ: Rutgers University Press.
TastsoglouECottrellBJayaP (2015) Women, immigration and violence: Focusing on Atlantic Canada. In: TastsoglouEDobrowolskyACottrellB (eds) The Warmth of the Welcome: Is Atlantic Canada a Home Away From Home for Immigrants?Sydney, Nova Scotia: Cape Breton University Press, pp. 106–135.
85.
TiedeLB (2001) Battered immigrant women and immigration remedies: Are the standards too high?Human Rights: Journal of the Section of Individual Rights and Responsibilities28(1): 21–22.
86.
TorresSCampbellJCampbellDW. (2000) Abuse during and before pregnancy: Prevalence and cultural correlates. Violence and Victims15(3): 303–321.
87.
TuttyLWyllieKAbbottP. (2008) The Justice Response to Domestic Violence: A Literature Review. Calgary: RESOLVE Alberta.
88.
UekertBKPetersTRombergerW. (2006) Serving limited English proficient (LEP) battered women: A national survey of the courts’ capacity to provide protection orders. Available at: www.ncjrs.gov/pdffiles1/nij/grants/216072.pdf.
89.
VillalónR (2010) Violence Against Latina Immigrants. New York: New York University Press.
90.
VillalónR (2015) Violence against immigrants in a context of crisis: A critical migration feminist of color analysis. Journal of Social Distress and the Homeless24(3): 116–139.
91.
WalkerGA (1990) Family Violence and the Women’s Movement. Toronto: University of Toronto Press.
92.
WeinsteinM (1997) The Violence Against Women Act After United States v Lopez: Defending the Act from constitutional challenge. Berkeley Women’s Law Journal12: 119–131.
93.
YoshiokaMRGilbertLEl-BasselNBaig-AminM (2003) Social support and disclosure of abuse: Comparing South Asian, African American, and Hispanic battered women. Journal of Family Violence18(3): 171–180.
