‘And the system fails us all the time’: Responses to domestic violence against First Nations women in Australia and the case for an integrated rights-based approach founded in self-determination

• Main Author: Buxton-Namisnyk, E
• Other Authors: Ghanea, N, Condry, R
• Format: Thesis
• Language: English
• Published: 2022
• Subjects: Critical criminology; Intimate partner violence; Minorities > Legal status; laws; etc; Human rights; First Nations
• Online Access: https://ora.ox.ac.uk/objects/uuid:b66d439d-a8de-4b57-bdf3-db9f7b7184b5

First Nations women in Australia experience domestic violence disproportionately compared to Australia’s ‘settler’ population. Prior research suggests that domestic violence responses developed with the ‘settler’ population in mind may be problematic for First Nations women, but to date no studies have examined First Nations women’s domestic violence service interactions prior to fatal violence. I accordingly review a whole-of-population sample of domestic violence-related homicide cases from several Australian jurisdictions, alongside findings from yarning and interviews with First Nations Elders, specialist domestic violence workers and survivors, to examine and analyse First Nations women’s service contact histories preceding fatal violence. Viewing findings from a postcolonial, intersectional perspective attuned to Australia’s history of invasion/colonisation and the ongoing violence of ‘settler’ occupation, I argue the domestic violence response system—comprising criminal justice and specialist service responses—is an expression of colonising state power. I then ask how responses to domestic violence against First Nations women can be improved. While Australia’s domestic violence response system reflects current international standards, my findings suggest that these standards may be problematic for First Nations women in the Australian ‘settler’ context. I review United Nations (‘UN’) guidance to ascertain how, and to what extent, First Nations women’s right to self-determination has been considered relevant to First Nations women’s rights to be safe and free from violence. I conclude that, to date, UN standards and state monitoring of Australia has been insufficiently attentive to the interaction of these rights. I propose enhanced rights-integration (normative integration) as a way to support improved state responses to domestic violence against First Nations women, however I remain cautious about the UN’s ability to transcend its state-centric focus and support meaningful self-determination in its most ...