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Books > Law > English law
What is the place of women in global labour policies? Women's ILO: Transnational Networks, Global Labour Standards, and Gender Equity, 1919 to Present gathers new research on a century of ILO engagement with women's work. It asks: what was the role of women's networks in shaping ILO policies and what were the gendered meanings of international labour law in a world of uneven and unequal development? Women's ILO explores issues like equal remuneration, home-based labour, and social welfare internationally and in places such as Argentina, Italy, and Ghana. It scrutinizes the impact of both power relations and global feminisms on the making of global labour policies in a world shaped by colonialism, the Cold War and post-colonial inequality. It further charts the disparate advancement of gender equity, highlighting the significant role of women experts and activists in the process. Contributors are: Paula Lucia Aguilar, Lucia Artner, Eloisa Betti, Chris Bonner, Eileen Boris, Akua O. Britwum, Dorothy Sue Cobble, Dorothea Hoehtker, Pat Horn, Sonya Michel, Silke Neunsinger, Renana Jhabvala, Marieke Louis, Yevette Richards, Mahua Sarkar, Kirsten Scheiwe, Francoise Thebaud, Susan Zimmermann "This is a must-read volume for scholars and students interested in women, labor and international/transnational history." - Judy Tzu-Chun Wu, University of California, Irvine, USA "This fascinating collection of essays assesses the ILO's role in securing social justice for women workers around the world and asks how that role might change as the world of work is transformed in the next century." - Celia Donert, University of Liverpool "This exciting collection provides a long-overdue state of the art on gender politics and the ILO. It will no doubt be the work of reference on the topic for years to come." - Elisabeth Prugl, Graduate Institute of International and Development Studies, Geneva
South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.
Women before the court offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world. -- .
Seeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women's experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women's perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.
Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.
Jurisprudential meditation and methodological performance on how feminist and legal thought come into relation. Experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors. The book will be a useful resource for scholars and students of law and humanities, feminism, and history.
This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others. Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women's rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features. Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.
Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.
Northern Ireland stands out as having enacted historical positive change in abortion law, from an almost complete ban in the 20th century to the decriminalization achieved in 2019. This book documents and analyzes how this historical change was achieved. Each chapter is written by those directly involved in the long-fought battle to change abortion law - including those with personal experience of seeking abortions, activists, academics, legal experts, political actors, NGOs, and volunteers. In this, the first of two volumes, contributions focus on the legislative landscape of the process with particular emphasis on the importance of 'feminist legal work' - law-making influenced by the women most likely to be impacted by it.
Gender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.
Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)
This vital report is the only textbook of its kind for practitioners in this complex area of law. Since 2002 this essential resource has continued to fulfil its promise of: Enabling compensated persons to understand and obtain the best deal from the means-tested benefits system through the use of personal injury trusts; Enabling solicitors to unravel the mystique surrounding the foundation and administration of personal injury trusts and to equip them to fulfil their role better for it; Enabling solicitors to develop compensation protection services to help protect their firms from negligence claims and to improve the bottom line; and enabling solicitors to do these things in as efficient and as practical a way as possible with the greatest amount of professional peace of mind. The fourth edition has been fully updated to include: The significant changes by the mental capacity act 2005 which came into force fully on 1st October 2007; A revised and expanded property section with specific focus on purchasing property where there is a P I Trust in place or where the Court of Protection are involved; 2008 changes to the care rules and Employment and Support Allowance, which has replaced Incapacity Benefit for new claimants; Plus, new and up-to-date precedents. It is vital that every lawyer doing personal injury compensation work should have a copy of this book on their shelves to enable them to give truly comprehensive advice as to the final process in achieving compensation.
Set in different national contexts (Brazil, Bulgaria, France, Germany, Laos, Norway, Thailand) and in different social science disciplines, the chapters of this volume aim at questioning anti-trafficking policies and their practical impact on sex work regulation. Many actors, from media to researchers, from nonprofit organizations to law enforcement agencies, from "experts" to "reality tourists", contribute to produce knowledge on trafficking and sexual exploitation and thus to institutionalize it as a category of thought and action; by naming and framing perpetrators and victims, they make trafficking "come true" as a public problem. The book pays particular attention to the way the international expertise produced by these different actors and institutions on sexual exploitation and sex work impacts local control practices, especially with regard to law enforcement. The fight against trafficking as it gets institutionalized and put into practice then appears as a way to reaffirm a gendered and racialized public order. Building analytical bridges between different national contexts and relying on contextualized fieldwork in different countries, the book is of great interest for academics as well as for practitioners and/or activists working on sex and gender issues and migration policies. Also, it resonates with a broader literature on the construction of public problems in sociology and political science.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
Subject matter of growing presence and interest. Multidisciplinary approach. Case study of Denmark, the first European state to adopt self-declaration. Will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
This book explores the issue of abortion and women's rights in contemporary China. With a vast population, China's government has pursued controversial policies, such as the One Child Policy, in the past. Today, a rapidly urbanizing society is aging quickly, and the policies are loosening; but what are the implications for Chinese women, and how do policies compare to those in the West? In this groundbreaking book, Dr. Jiang eludicates the Chinese legal and social history of abortion for the first time in English. This book will be of interest to lawyers, NGO researchers, feminists and academics.
Gender and punishment in Ireland explores women's lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as 'double deviance', chivalry, paternalism and 'coercive confinement', the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisciplinary treatment of women who kill in Ireland and will be useful to scholars of gender, criminology and history. -- .
It contributes to the field of posthumanism through its application of posthuman feminism to international law Interdisciplinary approach. Will appeal to students and scholars with interests in legal, feminist, and posthuman theory, as well as those concerned with the contemporary challenges faced by international law.
This book examines the experiences of gay and bisexual men who lived in Scotland during an era when all homosexual acts were illegal, tracing the historical relationship between Scottish society, the state and its male homosexual population using a combination of oral history and extensive archival research.
This fascinating book demonstrates the diversity of Connecticut's women's feminist activities in pre- and post-suffrage eras and refutes the notion that feminist activism died out with the passage of the Nineteenth Amendment.
The influence of women in the colonial family and the community is examined using tax and probate records of southside Colonial Virginia.
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.
Integrating interdisciplinary and cross-cultural analysis, this volume advances our understanding of sexual violence in intimacy through the development of more nuanced and evidence-based conceptual frameworks. Sexual violence in intimacy is a global pandemic that causes individual physical and emotional harm as well as wider social suffering. It is also legal and culturally condoned in much of the world. Bringing together international and interdisciplinary research, the book explores marital rape as individual suffering that is best understood in cultural and institutional context. Gendered narratives and large-scale surveys from India, Ghana and Africa Diasporas, Pacific Islands, Denmark, New Zealand, the United States, and beyond illuminate cross-cultural differences and commonalities. Methodological debates concerning etic and emic approaches and de-colonial challenges are addressed. Finally, a range of policy and intervention approaches-including art, state rhetoric, health care, and criminal justice-are explored. This book provides much needed scholarship to guide policymakers, practitioners, and activists as well as for researchers studying gender-based violence, marriage, and kinship, and the legal and public health concerns of women globally. It will be relevant for upper-level students and scholars in anthropology, sociology, psychology, women's studies, social work and public and global health. |
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