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The Nordic states were among the first in the world to enact
general gender equality and anti-discrimination laws with low
threshold enforcement mechanisms. Today, the Nordic countries top
the World Economic Forum’s Gender Gap Index – but have still
not succeeded in closing the gender gap. This book draws a diverse
and complex picture of the long, uneven and unfinished process
towards substantive equality in four Nordic countries: Sweden,
Finland, Norway and Iceland. It presents the Nordic gender equality
model’s systematic use of three measures: overarching gender
policies, legislation that has an explicit or implicit impact on
gender relations and gender equality and anti-discrimination laws
with low threshold enforcement systems. What potentials and
limitations does the Nordic gender equality and anti-discrimination
law regimes have to combat individual discrimination and structural
inequality? Can these regimes function as a driver of political,
legal, economic, cultural and social change, and as a corrective to
laws, policies and practices that uphold existing inequalities,
and, if so, to what extent? Can weaknesses in the equality and
anti-discrimination laws and the way they are enforced hamper
efforts to close remaining gender gaps? Rather than looking at the
Nordic gender equality laws and policies in isolation, the book
situates their development and transformative potential within a
changing European and international political and legal landscape.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. The
#MeToo movement sparked many debates and increased the demand for
more problematized perspectives on the issue of sexual harassment.
This book opens for new understandings of sexual harassment by
bringing researchers, writers, and policymakers in the Nordic
region into dialogue in an ambitious volume. It asks what role
juridical frameworks can and should play in prevention and raises
questions about how the image of Nordic states - as gender equal,
colour blind and with strong welfare - affects the work against
sexual harassment in the region. Re-imagining definitions of
justice, violence, exploitation and work, this book offers
knowledge of immediate importance for everyone working to prevent
sexual harassment, through research, policy making, or in everyday
practice.
How human rights principles, like the right to gender identity,
freedom, integrity and equality, respond to the concerns of
different groups of adults and children who experience gender harm
due to the binary conception of sexuality and gender identity is
the overall theme of this book. The Yogyakarta Principles on the
Application of International Human Rights Law in Relation to Sexual
Orientation and Gender Identity are analysed in the light of the
dynamic jurisprudence of different human rights treaty bodies.
Whether and how the status quo of gender duality is reproduced, in
spite of international law's growing recognition of the
multiplicity of sexualities and gender identities, is discussed.
How transgender men, in countries that permit legal gender change,
have been successfully prosecuted for gender fraud by female
partners claiming to be unaware of their gender history is given
attention. While human rights discourse related to LGBTI persons so
far has been moulded on the experiences of adults this book gives
voice to the concerns of gender-non confirming children. The
jurisprudence of the Child Rights Committee, with focus on the
complex social and legal issues faced by gender non-confirming
children, is addressed. Through narratives, that give voice to
these children's experiences, the book demonstrates how the legal
gender assigned at birth impacts on their feeling of recognition,
self-confidence and self-respect in the private, social, and legal
spheres. This book was previously published as a special issue of
the Nordic Journal of Human Rights.
How human rights principles, like the right to gender identity,
freedom, integrity and equality, respond to the concerns of
different groups of adults and children who experience gender harm
due to the binary conception of sexuality and gender identity is
the overall theme of this book. The Yogyakarta Principles on the
Application of International Human Rights Law in Relation to Sexual
Orientation and Gender Identity are analysed in the light of the
dynamic jurisprudence of different human rights treaty bodies.
Whether and how the status quo of gender duality is reproduced, in
spite of international law's growing recognition of the
multiplicity of sexualities and gender identities, is discussed.
How transgender men, in countries that permit legal gender change,
have been successfully prosecuted for gender fraud by female
partners claiming to be unaware of their gender history is given
attention. While human rights discourse related to LGBTI persons so
far has been moulded on the experiences of adults this book gives
voice to the concerns of gender-non confirming children. The
jurisprudence of the Child Rights Committee, with focus on the
complex social and legal issues faced by gender non-confirming
children, is addressed. Through narratives, that give voice to
these children's experiences, the book demonstrates how the legal
gender assigned at birth impacts on their feeling of recognition,
self-confidence and self-respect in the private, social, and legal
spheres. This book was previously published as a special issue of
the Nordic Journal of Human Rights.
This book approaches law as a process embedded in transnational
personal, religious, communicative and economic relationships that
mediate between international, national and local practices, norms
and values. It uses the concept "living law" to describe the
multiplicity of norms manifest in transnational moral, social or
economic practices that transgress the territorial and legal
boundaries of the nation-state. Focusing on transnational legal
encounters located in family life, diasporic religious institutions
and media events in countries like Norway, Sweden, Britain and
Scotland, it demonstrates the multiple challenges that accelerated
mobility and increased cultural and normative diversity is posing
for Northern European law. For in this part of the world, as
elsewhere, national law is challenged by a mixture of expanding
human rights obligations and unprecedented cultural and normative
pluralism enhanced by expanding global communication and market
relations. As a consequence, transnationalization of law appears to
create homogeneity, fragmentation and ambiguity, expanding space
for some actors while silencing others. Through the lens of a
variety of important contemporary subjects, the authors thus engage
with the nature of power and how it is accommodated, ignored or
resisted by various actors when transnational practices encounter
national and local law.
This book approaches law as a process embedded in transnational
personal, religious, communicative and economic relationships that
mediate between international, national and local practices, norms
and values. It uses the concept "living law" to describe the
multiplicity of norms manifest in transnational moral, social or
economic practices that transgress the territorial and legal
boundaries of the nation-state. Focusing on transnational legal
encounters located in family life, diasporic religious institutions
and media events in countries like Norway, Sweden, Britain and
Scotland, it demonstrates the multiple challenges that accelerated
mobility and increased cultural and normative diversity is posing
for Northern European law. For in this part of the world, as
elsewhere, national law is challenged by a mixture of expanding
human rights obligations and unprecedented cultural and normative
pluralism enhanced by expanding global communication and market
relations. As a consequence, transnationalization of law appears to
create homogeneity, fragmentation and ambiguity, expanding space
for some actors while silencing others. Through the lens of a
variety of important contemporary subjects, the authors thus engage
with the nature of power and how it is accommodated, ignored or
resisted by various actors when transnational practices encounter
national and local law.
As an instrument which addresses the circumstances which affect
women's lives and enjoyment of rights in a diverse world, the CEDAW
is slowly but surely making its mark on the development of
international and national law. Using national case studies from
South Asia, Southern Africa, Australia, Canada and Northern Europe,
Women's Human Rights examines the potential and actual added value
of the Convention on the Elimination of All Forms of Discrimination
against Women in comparison and interaction with other equality and
anti-discrimination mechanisms. The studies demonstrate how state
and non-state actors have invoked, adopted or resisted the CEDAW
and related instruments in different legal, political, economic and
socio-cultural contexts, and how the various international,
regional and national regimes have drawn inspiration and learned
from each other.
As an instrument which addresses the circumstances which affect
women's lives and enjoyment of rights in a diverse world, the CEDAW
is slowly but surely making its mark on the development of
international and national law. Using national case studies from
South Asia, Southern Africa, Australia, Canada and Northern Europe,
Women's Human Rights examines the potential and actual added value
of the Convention on the Elimination of All Forms of Discrimination
against Women in comparison and interaction with other equality and
anti-discrimination mechanisms. The studies demonstrate how state
and non-state actors have invoked, adopted or resisted the CEDAW
and related instruments in different legal, political, economic and
socio-cultural contexts, and how the various international,
regional and national regimes have drawn inspiration and learned
from each other.
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