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Books > Law > English law > Private, property, family > Gender law
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.
THE SUNDAY TIMES BESTSELLER Angry, opinionated, mouthy, aggressive,
hysterical, mad, disordered, crazy, psycho, delusional, borderline,
hormonal . . . Women have long been pathologized, locked up and
medicated for not conforming to whichever norms or stereotypes are
expected of them in that time and space. Sexy But Psycho is a
challenging and uncomfortable book which seeks to explore the way
professionals and society at large pathologize and sexualise women
and girls. Utilising decades of research, real case studies and new
data from her own work, Dr Taylor's book will critically analyse
the way we label women with personality disorders. Why are women
and girls pathologized for being angry about oppression and abuse?
How have so many women been duped into believing that they are
mentally ill, for having normal and natural reactions to their
experiences? Sexy But Psycho argues that there is a specific
purpose to convincing women and girls that they are mentally ill,
as the world avoids addressing violence against women and their
centuries of ignored trauma.
Women’s security in political, economic and social terms is directly linked to the pervasive problem of violence against women. Violence Against Women: Law, Policy and Practice seeks to understand this particular form of human rights violation, by situating violence against women in its historical, political, socio-economic and legal context in South Africa.
Whether in the private or public spheres, violence against women prevents women from realising a broad range of human rights that are central to full, inclusive and participatory citizenship. The authors of this volume reflect on the many forms of violence against women, the applicable laws and policies, and the challenges to effectively responding to this widespread violation of human rights.
Their contributions consider the role of law, policy and practice in relation to a broad range of themes including sexual violence, violence against women at the margins of systems and societies, and the impact on those who are working to defeat violence against women, whether as activists, practitioners or scholars.
This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
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.
Feminist Frontiers in Climate Justice provides a compelling
demonstration of the deeply gendered and unequal effects of the
climate emergency, alongside the urgent need for a feminist
perspective to expose and address these structural political,
social and economic inequalities. Taking a nuanced,
multidisciplinary approach, this book explores new ways of thinking
about how climate change interacts with gender inequalities and
feminist concerns with rights and law, and how the human world is
bound up with the non-human, natural world. With contributions from
leading scholars in law, feminism, human rights and politics, this
book considers how equality is conceptualised experienced and used
in policies, law and practice that are integral to climate justice.
Chapters reveal how international and national policy and legal
frameworks fall short on gender equality and climate justice.
Overall, the book demonstrates that the climate crisis demands an
ambitious and transformative approach to equality, including
developing feminist ideas of care and social reproduction, to
reconstruct law and policy towards a more just world for all. This
ground-breaking book will be essential reading for scholars across
many areas of law including environmental law, human rights, public
international law, law and gender, and law and development. Its
discussion of the international framework alongside in-depth case
studies and assessments of women's mobilization strategies will
also be highly relevant to social scientists, officials in
international organizations, policymakers, lawyers and activists.
Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and
FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose,
Gevisser brings to life the complex movement for queer civil rights
and the many people on whom it bears.' Colm Toibin, Guardian
'Powerful... meticulously researched' Andrew McMillan, Observer
Book of the Week Six years in the making, The Pink Line follows
protagonists from nine countries all over the globe to tell the
story of how LGBTQ+ Rights became one of the world's new human
rights frontiers in the second decade of the twenty-first century.
From refugees in South Africa to activists in Egypt, transgender
women in Russia and transitioning teens in the American Mid-West,
The Pink Line folds intimate and deeply affecting stories of
individuals, families and communities into a definitive account of
how the world has changed, so dramatically, in just a decade. And
in doing so he reveals a troubling new equation that has come in to
play: while same-sex marriage and gender transition are now
celebrated in some parts of the world, laws to criminalise
homosexuality and gender non-conformity have been strengthened in
others. In a work of great scope and wonderful storytelling, this
is the groundbreaking, definitive account of how issues of
sexuality and gender identity divide and unite the world today.
The figure of the mistress is undoubtedly controversial. She
provokes intense reactions, ranging from fear, to disgust and
revulsion, to excitement and titillation, to sadness and perhaps to
some, love. The mistress is conventionally depicted as a threat to
moral living and someone whose sexuality is considered defective
and toxic. Of course, she is a woman that you would not have as
your friend, and certainly not your wife, since her ethical sense,
if she even has one, is dubious at best. This book subverts these
traditional judgements and offers an unflinching look at the lived
experience of the mistress. Here she is recast as a potentially
loving, free, intimate 'other' woman. Drawing upon feminist
philosophy, contemporary sexual ethics and the current cultural
moment of #MeToo, Mistress Ethics moves beyond a narrative of
infidelity, conventional judgment, the safeguarding of monogamy and
conventional heterosex that permeates our society. It asks what
happens when we let go of our insecurities, judgments and
moralistic relationship philosophies and opt, instead, for an
ethics of kindness. This kindness - underpinned by engaging with
those deemed 'other' and learning from mistresses, both straight
and queer - will teach us new ways of thinking about ethics and
sex, and reveal how we have better sex, and how we can be better to
each other.
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.
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.
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.
Equality is often trampled on by those who believe they are, in
varying ways, superior. However, identifying how government systems
can protect against discrimination can assist future generations in
combating the harsh realities of inequality. Social Jurisprudence
in the Changing of Social Norms: Emerging Research and
Opportunities delivers a collection of resources dedicated to
identifying sexual orientation as a protected legal class like
race, color, gender, and religion using innovative research methods
and the federalist responses to the LGBT movement. While
highlighting topics including judicial review, LGBT politics, and
social change framework, this book is ideally designed for
policymakers, politicians, academicians, researchers, and students
seeking current research on the analysis of legal cases that
provide evidence of LGBT citizen marginalization.
The common law action for breach of promise of marriage originated
in the mid-seventeenth century, but it was not until the nineteenth
century that it rose to prominence and became a regular feature in
law courts and gossip columns. By 1940 the action was defunct, it
was inconceivable for a respectable woman to bring such a case
before the courts. What accounts for this dramatic rise and fall?
This book ties the story of the action's prominence and decline
between 1800 and 1940 to changes in the prevalent conception of
woman, her ideal role in society, sexual relations, and the family.
It argues that the idiosyncratic breach-of-promise suit and
Victorian notions of ideal femininity were inextricably, and
fatally, entwined. It presents the nineteenth-century
breach-of-promise action as a codification of the Victorian ideal
of true womanhood and explores the longer-term implications of this
infusion of mythologized femininity for the law, in particular for
the position of plaintiffs. Surveying three consecutive time
periods - the early nineteenth century, the high Victorian and the
post-Victorian periods - and adopting an interdisciplinary approach
that combines the perspectives of legal history, social history,
and literary analysis, it argues that the feminizing process, by
shaping a cause of action in accordance with an ideal at odds with
the very notion of women going to law, imported a fatal structural
inconsistency that at first remained obscured, but ultimately
vulgarized and undid the cause of action. Alongside more than two
hundred and fifty real-life breach-of-promise cases, the book
examines literary and cinematic renditions of the breach-of-promise
theme, by artists ranging from Charles Dickens to P.G. Wodehouse,
to expose the subtle yet unmistakable ways in which what happened
(and what changed) in the breach-of-promise courtroom influenced
the changing representation of the breach-of-promise plaintiff in
nineteenth- and early twentieth-century literature and film.
'Long admired for her pioneering work on gender, neo-liberalism and
human rights, in this volume Ratna Kapur builds on that scholarship
to offer a bold and wide ranging set of arguments that will add
immensely to the many current debates about human rights and their
efficacy in this age of inequality. Kapur' s trenchant critique of
rights and her vision of an alternative to the liberal concept of
freedom offer strikingly original arguments that make this an
indispensable volume for all who are interested in the future of
human rights.' - Tony Anghie, National University of Singapore and
University of Utah, US 'Gender, Alterity and Human Rights: Freedom
in a Fishbowl is located within the best of critical theory
traditions - thinking and rethinking orthodoxies around sexuality,
rights and freedoms. Kapur not only deploys a late Foucauldian
rethinking of freedom, but inherits the very spirit of intellectual
engagement - of ''shak(ing) up habitual ways of working and
thinking, dissipate(ing) conventional familiarities, to reevaluate
rules and institutions'' (Foucault). It is a compelling,
provocative read that will make its readers rethink what they think
they already know.' - Brenda Cossman, University of Toronto, Canada
'Ratna Kapur is one of the most important international legal
scholars working today. Gender, Alterity and Human Rights is
brilliant, provocative and ground breaking - I cannot think of any
other book published today that centers radically 'other'
approaches to political and ethical agency as the epistemological
anchor for analysis of international law. She advances this
ambitious new ground by showing how dominant approaches to human
rights and feminism are themselves invested in political
subjectivities and agendas that seek to redeem international law
and authorize global governance. With theoretical rigor and a
radical sensibility, she quarries through material as diverse as
human rights case law and Sufi poetry to excavate the plurality of
ways in which freedom is envisioned, challenged and inhabited.' -
Vasuki Nesiah, New York University, US Human rights are axiomatic
with liberal freedom. This book builds on the critique of this
mainstream and official position on human rights, drawing attention
to how human rights have been deployed to advance political and
cultural intents rather than bring about freedom for
disenfranchised groups. Its approach is unique insofar as it
focuses on queer, feminist and postcolonial human rights advocacy,
exposing how such interventions have at times advanced neo-liberal
agendas and new forms of imperialism, and enabled a carceral
politics rather than producing freedom for their constituencies.
Through a focus on campaigns for same-sex marriage, ending violence
against women, and the Islamic veil bans in liberal democracies,
human rights emerge as forms of governance that operate through
normative prescriptions, which bind even as they purport to free,
and establish a hierarchy of the human subject: who is human and
who is not; who qualifies for rights and who does not. This book
argues that the futurity of human rights rests in a transformative
engagement with non-liberal registers of freedom beyond the narrow
confines of the liberal fishbowl. This book will have a global
appeal for students and academics concerned with international and
human rights law, jurisprudence, critical legal theory, gender
studies, postcolonial studies, feminist legal theory, queer theory,
religious studies, and philosophy. It will appeal to political
activists and policymakers in the global justice arena concerned
with the freedom of disenfranchised groups, human rights, gender
justice, and the rights sexual and religious minorities.
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.
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.
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 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 volume brings together an interdisciplinary group of scholars
from the United States, the Middle East, and North Africa, to
discuss and critically analyze the intersection of gender and human
rights laws as applied to individuals of Arab descent. It seeks to
raise consciousness at the intersection of gender, identity, and
human rights as it relates to Arabs at home and throughout the
diaspora. The context of revolution and the destabilizing impact of
armed conflicts in the region are used to critique and examine the
utility of human rights law to address contemporary human rights
issues through extralegal strategies. To this end, the volume seeks
to inform, educate, persuade, and facilitate newer or less-heard
perspectives related to gender and masculinities theories. It
provides readers with new ways of understanding gender and human
rights and proposes forward-looking solutions to implementing human
rights norms. The goal of this book is to use the context of Arabs
at home and throughout the diaspora to critique and examine the
utility of human rights norms and laws to diminish human suffering
with the goal of transforming the structural, social, and cultural
conditions that impede access to human rights. This book will be of
interest to a diverse audience of scholars, students, public policy
researchers, lawyers and the educated public interested in the
fields of human rights law, international studies, gender politics,
migration and diaspora, and Middle East and North African politics.
The fact that domestic violence is a serious and ongoing social
problem has been well recognized since the women's movement made
the hitherto private experience of violence against women in the
home into a political issue in the 1960s and 1970s. In Australia, a
major national prevalence study of violence against women conducted
by the Australian Bureau of Statistics in 1996 found that 23% of
women who had ever been married or in a de facto relationship-1.1
million women-had experienced violence from their partner at some
stage during the relationship. Feminist legal scholarship, however,
has highlighted the many failures of criminal law to respond
adequately to women's experiences of domestic violence. Civil
remedies for violence and abuse seem to offer better possibilities:
there is a lower standard of proof, and the woman is the subject of
her own action rather than merely being the object of proceedings.
The availability of civil remedies has, in many cases, resulted
from feminist campaigns to fill the gaps in protection left by the
criminal law. It has also been argued that civil actions provide
scope to change public discourses and legal understandings of
violence against women. Listening to women's stories might force a
revision of traditional conceptions and myths about what
constitutes violence, its causes and effects, and "appropriate"
reactions to it. This study investigates the ways in which women's
experiences of domestic violence are heard and understood in civil
court settings, and examines women's experiences of telling their
stories (or at least attempting to do so) in those settings. The
two areas on which the study focuses are intervention order
proceedings in State Magistrates' Courts, and residence, contact,
and property matters in the federal Family Court in Australia. The
relevant legislation in the two jurisdictions is either partly or
wholly a product of feminist legal activism. The study, therefore,
seeks to determine whether the feminist claim that the criminal law
silences women also pertains in the context of new civil claims
specifically designed to respond to women's experiences. The
general history and theory of law reform suggests that reforms
often strike problems in the process of implementation. But because
law does not operate monolithically, the exact nature of those
problems is not necessarily predictable. In the context of this
study, implementation problems may arise from social and legal
discourses about domestic violence and about victims of violence
which tend to operate constantly across the legal system, and/or
they may arise from the particular rules and structures found in
each institutional setting. There is thus a need for detailed
examination and analysis of how these various elements operate and
interact in different court settings. In undertaking this task, the
study has two objectives. First, it draws conclusions about the
nature of implementation problems in the two jurisdictions in order
to inform future feminist activism around violence against women.
Secondly, it makes a more general point about the importance of
procedure in feminist legal theory and praxis. In Australia in
particular, feminist legal scholars and advocates have placed a
heavy emphasis on doctrinal revision and have largely ignored
issues of implementation. The study argues that procedure
(conceived broadly to encompass the what, where, how, and who of
legal proceedings) crucially shapes women's experience of the legal
process, and is neglected by feminists at their peril. This book
will be of interest to feminist jurisprudence and law and society
scholars and researchers, and to activists and advocates in the
field of domestic violence.
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