This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

Shame, Gender Violence and Ethics: Terrors of Injustice draws from contemporary, concrete atrocities against women and marginalized communties to re-conceptualize moral shame and to set moral shame apart from dimensions of subordination, humiliation, and disgrace. The inter-disciplinary collection starts with a contribution from a a Yazidi-survivor of genocidal and sexual violence, whose case brings together core themes: gender, ethnic and religious identity, and violence and shame. Further accounts of shame and gendered violence in this collection take the reader to other and equally disturbing accounts of lesser- known atrocities from around the. Although shame is sometimes posited as an innevitable companion to human life, editors Lenart Skof and She M. Hawke situate the discussion in the theoretical landscape of shame, and the contributors challenge this concept through fields as diverse as law, journalism, activism, philosophy, theology, ecofeminism, and gender and cultural studies. Their discussion of gendered shame makes room for it to be both a negative and a redemptive concept. Combining junior and senior scholarship, this collection examines power relations in the cycle of shame and violence.

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.

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and - it is hoped - future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Christianity Today 2019 Book of the Year Award, Politics and Public Life Across the globe, acts of violence against women produce more deaths, disability, and mutilation than cancer, malaria, and traffic accidents combined. The truth is that violence on such a scale could not exist were it not structured in some way into the very fabric of societies and cultures themselves. It could not continue if it were not somehow supported by deep assumptions about the value of women, or some justification of the use of power. In many cultures such assumptions are reiterated every day in the absence of legal protection for women, or indifference toward issues of human rights. In Scars Across Humanity, Elaine Storkey offers a rigorously researched overview of this global pandemic. From female infanticide and child brides to domestic abuse, prostitution, rape, and honor killings, violence against women occurs at all stages of life, and in all cultures and societies. How and why has this violence become so prevalent? It seems ambitious to hope that we can find an answer to this question, but if violence to women is ever to be eliminated, we need to know what we are up against.

When we talk about sex-whether great, good, bad, or unlawful-we often turn to consent as both our erotic and moral savior. We ask questions like, What counts as sexual consent? How do we teach consent to impressionable youth, potential predators, and victims? How can we make consent sexy? What if these are all the wrong questions? What if our preoccupation with consent is hindering a safer and better sexual culture? By foregrounding sex on the social margins (bestial, necrophilic, cannibalistic, and other atypical practices), Screw Consent shows how a sexual politics focused on consent can often obscure, rather than clarify, what is wrong about wrongful sex. Joseph J. Fischel argues that the consent paradigm, while necessary for effective sexual assault law, diminishes and perverts our ideas about desire, pleasure, and injury. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. Fischel proposes instead that sexual justice turns more productively on concepts of sexual autonomy and access. Clever, witty, and adeptly researched, Screw Consent promises to change how we understand consent, sexuality, and law in the United States today.

It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations. Based on patients' stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way-treating abortion like any other form of health care-but the United States is a long way from that ideal.

Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.

This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Quiet Revolutionaries sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members' friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. To listen to podcast episodes about the Married Women's Association, featuring interviews and archival research, visit quietrevolutionaries.podbean.com.

Winner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book Award Winner of the 2022 Winifred Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and Composition What It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice. Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power-patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to "science" and "hard evidence," Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as "emotional." But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion. Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.

Pacific Colony, a Southern California institution established to care for the "feebleminded," justified the incarceration, sterilization, and forced mutilation of some of the most vulnerable members of society from the 1920s through the 1950s. Institutional records document the convergence of ableism and racism in Pacific Colony. Analyzing a vast archive, Natalie Lira reveals how political concerns over Mexican immigration-particularly ideas about the low intelligence, deviant sexuality, and inherent criminality of the "Mexican race"-shaped decisions regarding the treatment and reproductive future of Mexican-origin patients. Laboratory of Deficiency documents the ways Mexican-origin people sought out creative resistance to institutional control and offers insight into how race, disability, and social deviance have been called upon to justify the confinement and reproductive constraint of certain individuals in the name of public health and progress.

Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and - it is hoped - future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

At what age do girls gain the maturity to make sexual choices? This question provokes especially vexed debates in India, where early marriage is a widespread practice. India has served as a focal problem site in NGO campaigns and intergovernmental conferences setting age standards for sexual maturity. Over the last century, the country shifted the legal age of marriage from twelve, among the lowest in the world, to eighteen, at the high end of the global spectrum. Ashwini Tambe illuminates the ideas that shaped such shifts: how the concept of adolescence as a sheltered phase led to delaying both marriage and legal adulthood; how the imperative of population control influenced laws on marriage age; and how imperial moral hierarchies between nations provoked defensive postures within India. Tambe's transnational feminist approach to legal history shows how intergovernmental debates influenced Indian laws and how expert discourses in India changed UN terminology about girls. Ultimately, the well-meaning focus on child marriage became tethered less to the well-being of girls themselves and more to parents' interests, population control targets, and the preservation of national reputation.

Indigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions.The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick's work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women's victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration.Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.

Drawing on the insights of Indigenous feminist legal theory, Emily Snyder examines representations of Cree law and gender in books, videos, graphic novels, educational websites, online lectures, and a video game. Although these resources promote the revitalization of Cree law and the principle of miyo-wicehtowin (good relations), Snyder argues that they do not capture the complexities of gendered power relations. The majority of these resources either erase women's legal authority by not mentioning them, or they diminish their agency by portraying Cree laws and gender roles in inflexible, aesthetically pleasing ways that overlook power imbalances and other forms of oppression.

The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of-and gossip about-their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century. Gross Misbehavior and Wickedness-the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty-recounts the protracted legal proceedings in juicy detail. Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce-in an era when women needed husbands for economic support-was associated with women's aspirations for independence and rights. The Walkers' dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.

The bitter and public court battle waged between Nina and James Walker of Newport, Rhode Island from 1909 to 1916 created a sensation throughout the nation with lurid accounts of-and gossip about-their marital troubles. The ordeal of this high-society couple, who wed as much for status as for love, is one of the prime examples of the growing trend of women seeking divorce during the early twentieth century. Gross Misbehavior and Wickedness-the charges Nina levied at James for his adultery (with the family governess) and extreme cruelty-recounts the protracted legal proceedings in juicy detail. Jean Elson uses court documents, correspondence, journals, and interviews with descendants to recount the salacious case. In the process, she underscores how divorce-in an era when women needed husbands for economic support-was associated with women's aspirations for independence and rights. The Walkers' dispute, replete with plot twists and memorable characters, sheds light on a critical period in the evolution of American culture.

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.

In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.

This book focuses on the socio-political environment that allows for the impactful work of NGOs through their proximity to local communities. The book showcases how this space has helped South African women's rights NGOs to bring about crucial legal reforms, which are quite relevant to women's lived realities. Recognizing its limitations, the South African state encourages NGOs to work freely on the ground and with state institutions to ameliorate the conditions for women's rights. The outcome of this state-NGO dynamic can be seen in the numerous human rights gains achieved by NGOs in general, and by women's rights organizations specifically. In addition, vulnerable communities such as women living under customary law have a significantly better chance to access justice. The book then demonstrates the opposite scenario, using Egypt as a case study, where NGOs are viewed as a national threat, and consequently operate under restrictive rules.