Access to medical treatment for trans youth occupies a haphazard and dynamic legal landscape. In this comprehensive scholarly analysis of the historical and current legal principles, Steph Jowett examines the medico-legal nexus of regulation of this healthcare in Australia and in England and Wales. This is informed by an in-depth discussion of the medical literature on treatment for trans youth, including clinical guidelines, the outcomes of treatment and outcomes for trans youth who are unable to be treated. With illustrative examples and clear language, Jowett argues that legal barriers to clinical practice should be congruent with and reflect the current state of medical knowledge. Not only does Jowett assess the extent to which key legal decisions have been consistent with medical knowledge in the past, but she offers a nuanced, comparative perspective that will inform reform efforts in the future.

This book brings together literature, empirical research findings from two projects, and policy analysis to examine how some forces in England have adopted the approach of treating crimes against sex workers as hate crimes. This book identifies some of the benefits of the hate crime approach to crimes against sex workers, both operationally and for some of the victims of crime. The authors argue that the hate crime approach should not be seen as an alternative to decriminalisation of sex work but can provide a pathway to achieving more sensitive but robust policing of crimes against sex workers and support in accessing justice through the criminal justice system. They also examine the broader context of hate crime policy and scholarship as they debate the relevance, problems and merits of the sex work hate crime model. The book provides another dimension to current theoretical and policy debates about widening definitions and law around hate crime to include other groups beyond existing protected characteristics.

Erika Bachiochi offers an original look at the development of feminism in the United States, advancing a vision of rights that rests upon our responsibilities to others. In The Rights of Women, Erika Bachiochi explores the development of feminist thought in the United States. Inspired by the writings of Mary Wollstonecraft, Bachiochi presents the intellectual history of a lost vision of women's rights, seamlessly weaving philosophical insight, biographical portraits, and constitutional law to showcase the once predominant view that our rights properly rest upon our concrete responsibilities to God, self, family, and community. Bachiochi proposes a philosophical and legal framework for rights that builds on the communitarian tradition of feminist thought as seen in the work of Elizabeth Fox-Genovese and Jean Bethke Elshtain. Drawing on the insight of prominent figures such as Sarah Grimke, Frances Willard, Florence Kelley, Betty Friedan, Pauli Murray, Ruth Bader Ginsburg, and Mary Ann Glendon, this book is unique in its treatment of the moral roots of women's rights in America and its critique of the movement's current trajectory. The Rights of Women provides a synthesis of ancient wisdom and modern political insight that locates the family's vital work at the very center of personal and political self-government. Bachiochi demonstrates that when rights are properly understood as a civil and political apparatus born of the natural duties we owe to one another, they make more visible our personal responsibilities and more viable our common life together. This smart and sophisticated application of Wollstonecraft's thought will serve as a guide for how we might better value the culturally essential work of the home and thereby promote authentic personal and political freedom. The Rights of Women will interest students and scholars of political theory, gender and women's studies, constitutional law, and all readers interested in women's rights.

Sexual harassment in Japanese politics examines a problem that violates women's human rights and prevents a flourishing democracy. Japan fares badly in international gender equality indices, especially for female political representation. The scarcity of women in politics reflects the status of women and also exacerbates it. Based on interviews with female politicians around the country from all levels of government, this book sheds light on the sexist and sometimes dangerous environments in Japanese legislative assemblies. These environments reflect and recreate broader sexual inequalities in Japanese society and are a hothouse for sexual harassment. Like many places around the world, workplace sexual harassment laws and regulations in Japan often fail to protect women from being harassed. Even more, in the 'workplace' of the legislative council, such regulations are typically absent. This book discusses what this means for women in politics in the context of a broader culture whereby victims of sexual violence are largely silenced.

The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

This book critically analyses the impact of digital media technologies on police scandal. Using an in-depth analysis of a viral bystander video of police excessive force filmed at the 2013 Sydney Gay and Lesbian Mardi Gras Parade and uploaded to YouTube, the book addresses the ways social media video sousveillance can shape operational and institutional police responses to police misconduct. The volume features new research on the immediate and longer-term impacts of social media-generated police scandal on police legitimacy and accountability and responds to inherent questions of procedural justice. It interrogates the technological, political and legal frameworks that govern the relationships between the police and LGBTQI communities in Australia and beyond through the 'social media test' - the police narratives created and contested through social media, mainstream media, and police media. In doing so, it considers the role of sexual citizenship discourse as a political, economic and social organizing principle. A comprehensive and interdisciplinary understanding of 'digital' and 'queer' criminology, this is an essential read for those working at the intersection of criminology and the digital society, queer criminology, and critical criminology.

Demands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many-twenty, to be exact-arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.

This Open Access book aims to find out how and why states in various regions and of diverse cultural backgrounds fail in their gender equality laws and policies. In doing this, the book maps out states' failures in their legal systems and unpacks the clashes between different levels and forms of law-namely domestic laws, local regulations, or the implementation of international law, individually or in combination. By taking off from the confirmation that the concept of law that is to be used in achieving gender equality is a multidimensional, multi-layered, and to an extent, contradictory phenomenon, this book aims to find out how different layers of laws interact and how they impact gender equality. Further to that, by including different states and jurisdictions into its analysis, this book unravels whether there are any similarities/patterns in how these states define and utilise policies and laws that harm gender equality. In this way, the book contributes to the efforts to devise holistic and universal policies to address various forms of gender inequalities across the world. This volume will be of interest to scholars and students in Gender Studies, Sociology, Law, and Criminology.

More than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause.

Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation of citizenship and India as a nation in this formative period.

More than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause.

This book brings together a group of innovative scholars examining the contemporary issue of effecting gender and sexuality justice in the context of Asia, consonant with engendering a just, equitable and sustainable development for all. These grassroots initiatives are woven through three complementary sections of the book: gender justice in Asia, sexuality justice in Asia, and finding resolutions through conflict. The book foregrounds strategies that aim to call out and challenge existing gender and sexuality injustices with regard to women and the LGBTIQA+ community by: assessing the efficacy of gender mainstreaming policies through micro-credit schemes for women in East Java, Indonesia; proliferating the signifiers of the hijab (veil) by postmodern Malay-Muslim women or 'Hijabistas' within the consumerist culture of Malaysia; making visible the injustices of the Syariah legal system for non-Muslim women, and ground-breaking legislation that could potentially recognise same-sex marriages in Thailand; privileging the narratives of gay women diplomats within the highly masculinised field of diplomacy in the Asia-Pacific region; foregrounding the narratives of Filipino gay men, intimate partner violence among young Indonesian Christian young people, masculine-identifying lesbians in Singapore, young LGBT people in rural Vietnam, and a Chinese-Muslim Malaysian female-to-male transgender person; and proposing new ways of becoming an inclusive church through the radical act of befriending persons living with HIV and AIDS in Southeast Asia. This book celebrates diverse and inclusive voices and strategies of gender and sexual agents of change in envisioning and bringing to fruition a just and transformative society for all. It is of interest to students and scholars researching gender and sexuality in areas of development studies, international relations, socio-legal studies, and literary studies.

As Kenyan women traditionally have fewer formal employment opportunities, often occupying lower-paid jobs in the informal sector, the experiences of women who earn money in unorthodox ways can offer revealing insights into the agency of women and its limits. Grounded in the narratives and life stories of women selling sex in Kenya, Egle Cesnulyte reveals the range of gendered and gendering effects that neoliberal policies have on everyday socio-political realities. By contextualising and historicising contemporary debates in the field, this important interdisciplinary study explores the societal structures that neo-liberal narratives and reforms influence, their gendered effects, and the extent to which individuals must internalise neoliberal economic logics in order to make or improve their living. In so doing, Cesnulyte counters the prevailing male-dominated studies in political science to place women, and female-based narratives at the forefront.

Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary - both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice - is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.

This book argues that past inattentive treatment by state criminal justice agencies in relation to domestic abuse is now being self-consciously reversed by neoliberal governing agendas intent on denouncing crime and holding offenders to account. Criminal prosecutions are key to the UK government's strategy to end Violence Against Women and Girls. Crown Prosecution Service policy affirms that domestic abuse offences are 'particularly serious' and prosecutors are reminded that it will be rare that the 'public interest' will not require of such offences through the criminal courts. Seeking to unpick some of the discourses and perspectives that may have contributed to the current prosecutorial commitment, the book considers its emergence within the context of the women's movement, feminist scholarship and an era of neoliberalism. Three empirical chapters explore the prosecution commitment on the one hand, and the impact on women's lives on the other. The book's final substantive chapter offers a distinctive normative conceptual framework through which practitioners may think about women who have experienced domestic abuse that will have both intellectual appeal and practical application.

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of 'normality' and 'fixing'. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

Intimate Partner Violence is a serious social problem affecting millions in the United States and worldwide. The image of violence enacted by a male aggressor to a female victim dominates public perceptions of intimate partner violence (IPV). This volume examines how this heteronormativity influences reporting and responding to partner violence when those involved do not fit the stereotype of a typical victim of IPV. Research and theory have helped us to understand power dynamics about heterosexual IPV; this book encourages greater attention to the unique issues and power dynamics of IPV in sexual minority populations. Divided into five distinct sections, chapters address research and theories associated with IPV, examining the similarities and differences of IPV within heterosexual and gender minority relationships. Among the topics discussed: Research methodology and scope of the problem Primary prevention and intervention of IPV among sexual and gender minorities Barriers to help-seeking among various populations Promoting outreach and advocacy Criminal justice response to IPV With recommendations for intervention and prevention, criminal justice response and policy, Intimate Partner Violence and the LGBT+ Community: Understanding Power Dynamics will be of use to students, researchers, and practitioners of psychology, criminal justice, and public policy.

A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.

A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.