In this paper I assess the labour ward admission policies introduced by some National Health Service (NHS) trusts during the COVID-19 pandemic, arguing that these intersected with other policies in a manner which may have coerced birthing people into consenting to vaginal examinations they might have otherwise refused. In order to fully understand the potential severity of these policies, I situate

This article interrogates whether and how the concept of ‘patriarchy’ is used by UN human rights treaty monitoring bodies (treaty bodies) and special procedures to interpret state obligations to respect and ensure women’s human rights. There are two key points that arise out of this study: first, that several treaty bodies and special procedures purposely and consistently use the concept of ‘patriarchy’

Media, police, and educational responses to nonconsensual pornography (i.e. ‘revenge porn’) have been critiqued for relying on sex negative beliefs that result in victims of this act being blamed and shamed for their own victimisation. In this article I analyse judicial discourse in nonconsensual pornography case law to assess the extent to which sex negativity is embedded in legal responses. I find

In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to

In the original publication of the article, errors in the production stages resulted in Vanessa Munro being listed as sole author.

In 2017, the National Prosecution Bureau of Chile created the Special Unit for Human Rights, Gender-Based Violence, and Sex Crimes, becoming a milestone for criminal prosecution policies as the first time a state institution in Chile used the term ‘gender-based violence’ explicitly in its title. There was no law in the country that addressed and sanctioned this behaviour—recognising it as a social

20 years since the negotiation of the Palermo Protocol on Trafficking in 2000, the anti-trafficking field has gone from an early, almost exclusive preoccupation with sex work to addressing extreme exploitation in a range of labour sectors. While this might suggest a reduced focus on the nature of the work performed and a greater focus on the conditions under which it is performed, in reality, anti-trafficking

COVID-19 has uncovered the vulnerabilities, inequalities and fragility present within our social community which has exposed and exacerbated the pre-existing racial and socioeconomic inequalities that disproportionately affect health outcomes for Black, Asian and Minority Ethnic (BAME) people. Such disparities are fuelled by complex socioeconomic health determinants and longstanding structural inequalities

Limited attention has been paid to the potential of tort law to address the harm of sexual violence. Based on interviews with 35 victim-survivors of sexual violence in Iceland, this study asks: How do victim-survivors understand monetary compensation? How can tort law meet victim-survivors’ justice interests? The findings suggest that in addition to the financial risk involved, most participants had

Efforts to combat the COVID-19 crisis brought mountains of legislation and guidance to coerce or encourage people to stay at home and reduce the spread of the virus. During peak lockdown in the United Kingdom (UK) regulations defined when people could or could not leave their homes. Meanwhile guidance on social distancing advised people to stay within ‘households’. This paper explores the legislation

Despite major advances in gender equality, patrilineal naming—children being granted their father’s surname—persists as a largely unquestioned norm in those Western countries with predominantly Anglo traditions, even in families where mothers retain their birth names. In Australia, when parents cannot agree on the child’s surname, the issue will go to a court or tribunal, to be decided by a judicial

This reflection considers recent United Nations’ normative developments in international human rights law and their potential to assess, with a gender perspective, retrogressive economic policies being promoted by International Financial Institutions (IFIs) in the context of the COVID-19 pandemic. Orthodox and androcentric economic policies, such as structural adjustment, austerity, privatisation and

Metaphors are common in legal discourse because they reify abstract legal concepts. The game metaphor, sometimes used to characterise legal trials, tends to be associated with legal professionals’ work in court. This metaphor portrays a legal trial as a competitive, hostile and masculine process that excludes victims from participating in the trial. In this article, I analyse interviews with victims

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit

Our commentary aims to show that the COVID-19 pandemic has amplified existing barriers to healthcare in England for ethnic minority and migrant women. We expose how the pandemic has affected the allocation of healthcare resources leading to the prioritisation of COVID-19 patients and suspending the equal access to healthcare services approach. We argue that we must look beyond this disruption in provision

It has been quite a year so far(!) and as the wenches we are, we have been taking our time to collect our thoughts and reflections before sharing them at the start of this issue of the journal. In this editorial we think through the COVID-19 pandemic and its devastating effects on the world, on our lives and on our editorial processes. We renew our commitment to improving our operations as a journal

This article considers how Margaret Jane Radin’s theory of the feminist double bind can bring conceptual clarity to the difficulties feminisms face in engaging with political and legal institutions of global governance. I draw on her theory to reinitiate a conversation on ideal and nonideal theory, in order to answer the call of key proponents in international legal feminism to reevaluate methodologies

The Maputo Protocol, adopted in 2003, was intended to counterbalance the normative deficiencies of the African Charter with respect to women’s rights. However, 15 years down the line, there is not much case law on the Protocol. The ECOWAS Court made its first pronouncement on the Protocol in 2017 in Dorothy Njemanze & 3 Others v. The Federal Republic of Nigeria. This paper analyses three gender-based

Judicial bias in sexual assault cases is generally associated with the conduct of sitting judges who engage in victim blaming and reserve the full protection of the law to ideal victims. However, this paper seeks to examine the role of the Canadian Judicial Council (CJC) in perpetuating sexist stereotypes in the legal realm. It does so by juxtaposing the CJC’s handling of two judicial misconduct complaints

This survey of the Supreme Court of Canada’s pivotal anti-discrimination rulings over a 30-year period assesses the extent to which the shifting nature of the grounds approach and the Court’s conceptions of dignity together form part of a gendered system of enunciation at the intersection of autonomy, identity and affect. This article is written as a corrective to some of the author’s early optimism

On 27 March 2014, Loreal Tsingine, a 27-year-old Navajo woman was shot and killed by Austin Shipley, a white male police officer, also 27 years old, who said he was trying to apprehend her for a suspected shoplifting. Shipley was never charged, and the Department of Justice declined to investigate the Winslow police on the matter. This article explores Shipley’s killing of Loreal Tsingine and the police

This review essay discusses some of the effects of the feminist methodologies utilised in Feminist Judgments in International Law (Hodson and Lavers (eds), Hart Publishing, Oxford, 2019), in which ‘feminist judges’ rewrote fifteen well-known international law cases. A glimpse is provided into aspects of the feminist judgments that were transformative, before turning to the contributors’ ‘Reflections’

This article sets out to research and resolve the conceptual lag between the family as defined and recognised in law and the multiplicity of queer constellations of ‘intimate citizenship’ in which families are actually done. The focus is on adult unions outside of conjugal coupledom. The family law practices, and awareness and expectations of adults in such unions were analysed through 21 interviews

This comment considers the Italian Law 194 on abortion forty years after its approval in 1978 and it focuses on how its meaning has emerged as a result of its interpretation and application over that forty-year period.

This intervention queries whether subjecting feminist jurisprudence to a methodological transfiguration toward pragrammatology (Derrida, in Smith and Kerrigan 1984) holds liberating potential for f (be it ‘woman’, ‘female’ or ‘feminine’) as both a signifier and a subject to be read with lucidity and nuance in feminist justice claims. I examine feminist jurisprudence’s methodological challenges in the

Informed consent is medico-legal orthodoxy and the principal means by which research encounters with the body are regulated in the UK. However, biomedical advancements increasingly frustrate the degree to which informed consent can be practiced, whilst introducing ambiguity into its legal significance. What is more, feminist theory fundamentally disrupts the ideologically liberal foundations of informed

This is the text of the keynote lecture delivered at the launch of Black, Lynsey and Dunne, Peter (eds). Law and Gender in Modern Ireland. Oxford: Hart, delivered 13th September 2019, Department of Law, Maynooth University, Ireland. The lecture locates the book within the context of rapid, radical transformation in gender law and politics in Ireland, highlighting some of the issues which have been

While the common law may result in justice between heterosexual intimate partners in particular claims for a beneficial interest in the family home, it does so on its own terms—terms drawn up according to contractarian principles reflecting male sex-right, that subsist even as the world and the institution of marriage (and marriage-like relationships) have changed. This paper uses examples from the

This reflection item provides an edited account of human rights lawyer Harriet Wistrich’s conversation with Manvir Grewal, Visiting Lecturer and Ph.D. student, and Harriet Samuels, Reader in Law at the University of Westminster. It summarises the exchange which focused on Harriet Wistrich’s career trajectory and the many public interest law cases that she has brought on behalf her clients, mainly women

This article explore the limitations of progressive and feminist legal change through a study of the development of gender-based refugee policy in Canada. I argue that the actual impact of feminist and progressive legal change is determined in interaction with the wider bureaucratic and administrative contexts of its implementation; administrative strategies and bureaucratic procedures may, in fact

It has been three years since we held the Feminism, Legality and Knowledge (FLaK) seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on

In 2010, Connecticut implemented an offence prohibiting minors from engaging in sexting. This legislation was part of a range of reforms across the United States aiming to better tailor the criminal law’s response to youth sexting by distinguishing sexting from child abuse material. Drawing from submissions to the Connecticut General Assembly’s Sexting Bill, media reports and recent ‘sexting’ cases

The article “The EU Top Court Rules that Married Same-Sex Couples Can Move Freely Between EU Member States as “Spouses”: Case C - 673/16, Relu Adrian Coman, Robert Clabourn Hamilton, Asociaţia Accept v Inspectoratul General pentru Imigrări, Ministerul Afacerilor Interne ”, written by “Alina Tryfonidou” was originally published electronically on the publisher’s internet portal (currently SpringerLink)

In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability

Feminists have long argued that women who offend are judged by who they are, not what they do, with idealised images of femininity and motherhood used as measures of culpability. The ability to meet the expectations of motherhood and femininity are particularly difficult for women who experience a crisis pregnancy, as evident in cases where women have been convicted of concealment of birth. The offence

In the Coman case, the European Court of Justice was asked whether the term “spouse”—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another

This is a review of the book Archiving Sovereignty by Stewart Motha. Typical of critical legal writing, the monograph challenges our conditioned perception about the sovereign State. As such, it provides us with access to an archive of sovereign violence created by the law. It is argued that judicial decisions sustain and recreate sovereign power by way of destruction of facts. The focus here is on

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when

Through a commentary on the enriching experience of receiving feedback through the Brewing Legal Times author-meets-reader session in February 2018, this piece reflects on the intellectual generosity and scholarly labour that makes such sessions an important form of academic social reproduction.

This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds

The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately

This paper examines Irish campaigns for condom access in the early 1990s. Against the backdrop of the AIDS crisis, activists campaigned against a law which would not allow condoms to be sold from ordinary commercial spaces or vending machines, and restricted sale to young people. Advancing a conception of ‘transformative illegality’, we show that illegal action was fundamental to the eventual legalisation

South African law has traditionally denied property sharing rights to people in non-marital intimate partnerships, but a series of new cases has created the possibility of enforcing universal partnership contracts to claim a share in partnership property. However, evidential biases within these progressive cases reflect a historical disdain for women’s contributions to relationships and a widespread

The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the

Arguments in favour of strengthening the rights of victim–survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim–survivors are assigned the legal

This reflection draws upon two recent ‘moments’ in British sexuality politics—a series of Parliamentary debates on Global LGBT rights and Brighton Pride’s campaign to ‘Highlight Global LGBT Communities’. It contrasts these two moments in order to demonstrate how, at a time when LGBT rights have ostensibly been ‘won’ in the UK, there is an increasing tendency to shift focus to the persecution of SOGI

This article charts a genealogy of marital rape law reform in South Australia in the 1970s, arguing that the new laws were based on constructing the marital rapist as a certain kind of man. South Australia is a significant case study, as it was one of the first Western jurisdictions to attempt to criminalise marital rape. Despite South Australia’s generally progressive politics, the legislation was

This comment reflects on how the Women, Peace and Security (WPS) agenda has been translated into policy and put into practice by the European Union and the Democratic Republic of Congo. Although the WPS agenda has enabled many gains by women peacebuilders, this comment identifies important challenges from these two very different contexts. First, situating WPS policy areas within a broader feminist

This paper reflects upon the adoption of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) rights discourse and imagery in police public relations and problematises the construction of police as protectors and defenders of gay liberties and homonormative life. Building from a foundational conceptualisation of policing as a racial capitalist project, it analyses the phenomenon of police rainbow

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns

In the original publication of the article, the name “Tamsin Phillipa Paige” has been incorrectly cited throughout the article as “Tasmin Phillipa Page”. The correct name should read as Tamsin Phillipa Paige.

This article brings together feminist literary theory and law by approaching a number of U.S. Federal cases on sex equality in light of the work of the renowned feminist literary critic Naomi Schor, and shows that literary theory constitutes an under-explored resource for feminist legal critique. Schor’s writings constitute a sustained rumination on the relationship between reading and feminism. Drawing

Economic abuse is well established as a widespread and damaging element of intimate partner violence. However research largely addresses cohabiting couples, with few detailed explorations of women’s longer-term experiences after separation. Further, researchers have not developed a gendered analysis of child support related economic abuse. Such an analysis requires understanding gender as a framework

This interdisciplinary essay looks at the use of popular history for the critical understanding of the reconstruction of crime and patriarchal hierarchy. By way of reviewing the recent movie The Limehouse Golem, it illustrates the significance of theoretically engaging with a period crime fiction movie. It is argued that this assessment is less relevant in terms of producing historical understanding

The U.S.-led global LGBT human rights campaign, formalised on International Human Rights Day 2011, sutures human rights policing with a politics of protection. Centred on a singular LGBT victim of violence, the campaign’s multiple projects legitimate military and financial intervention under the auspices of human rights. This article examines the regulatory production of globalised LGBT rights through

This article presents the first empirically-based and theoretically-informed investigation of the effectiveness of the ‘self-declaration model’ of legal gender recognition in Denmark, the first European state to adopt it. Drawing upon analysis of legislative materials, as well as interviews with stakeholders in the legislative process and trans and intersex legal subjects, it contends that self-declaration

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals

In this article, I use a Marxist feminist methodology to map the organisation of migrant sex workers’ socially reproductive paid and unpaid labour in one city and country of arrival, London, UK. I argue that unfree and ‘free’ (sexual) labour exists on a continuum of capitalist relations of (re)production, which are gendered, racialised, and legal. It is within these relations that various actors implement

This reflection is based on a conversation with Professor Carole Pateman on 4th December 2017 as we prepared for a conference at Cardiff University to celebrate the thirtieth anniversary of her seminal work, The Sexual Contract (1988). As socio-legal scholars, The Sexual Contract has been formative in, and transformative of, our understandings of law and gender. We explore Professor Pateman’s academic

In the original publication of the article, the title of the article was incorrectly published. It has been updated in this correction.