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Punishment and Cultural Identity in the Global South : Towards a Decolonial Feminist Approach




AuthorsLuján-Pinelo, Aleida; Maldonado, Florencia Valentina; Gutiérrez Padilla, Michell

EditorsCavalcanti, Roxana Pessoa; Fonseca, David S; Vegh Weis, Valeria; Carrington, Kerry; Hogg, Russell; Scott, John

PublisherPalgrave Macmillan

Publication year2025

Book title The Palgrave Handbook of Criminology and the Global South

eISBN978-3-031-74932-2

DOIhttps://doi.org/10.1007/978-3-031-74932-2_60-1

Publication's open availability at the time of reportingNo Open Access

Publication channel's open availability No Open Access publication channel

Web address https://link.springer.com/rwe/10.1007/978-3-031-74932-2_60-1


Abstract

This collaborative chapter has two main objectives: first, to examine how gender and intercultural perspectives are applied within criminal justice systems in intercultural contexts in the Global South and second, to explore the role of cultural identity in shaping judicial practices within these systems. To achieve these objectives, we draw on critical frameworks such as feminist and decolonial theory and analyse two case studies: a rape case in Mexico and a human trafficking case in Argentina. The cases involve young Indigenous and Romani women who were married within the context of patriarchal traditions specific to their communities. We analyse these cases through a sociocultural lens, employing two critical legal approaches: gender and intercultural perspectives. Our findings suggest that, while these frameworks offer valuable insights, they remain insufficient to fundamentally transform the colonial and patriarchal foundations embedded in the law and the penal system. Adopting a decolonial approach and practice to the judicial system—one that truly reflects the multifaceted and complex realities of violence against women in the Global South—remains a distant yet necessary challenge.



Last updated on 10/03/2026 02:44:50 PM