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Published online by Cambridge University Press: 22 March 2019
The organizations I work with share a critical perspective toward the use of criminalization even as a response to violations of sexual and reproductive rights. This critical perspective holds, even as we operate in a field, and in political contexts, where the symbolic or expressive function of criminal law is often seen as a central aspect of its role in protecting rights, particularly for women. We have come to this critical perspective through reflection and experience: we see the practice of feminists resorting so often and so strongly to calling for criminalization and more severe penalties for gender-based violations, despite discouraging evidence of the impact of penal law. From this, we conclude that through our invocations to the penal state, we may be losing sight of our work to call out the state's responsibilities to address the root causes of the violations we seek to prevent and address.
1 Lei N° 11.340, de 7 de agosto de 2006, Presidência da República - Casa Civil (2006), available at https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2006/Lei/L11340.htm.