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Gender-Based Violence and Carceral Feminism in Australia: Towards Decarceral Approaches Fem. Leg. Stud. (IF 1.958) Pub Date : 2024-04-08 Rachel Loney-Howes, Marlene Longbottom, Bianca Fileborn
This article explores the limitations of criminal legal responses to gender-based violence in Australia, specifically sexual assault law reforms and the criminalisation of coercive control. We demonstrate that carceral horizons deployed to address gender-based violence cause further harm to survivors and overshadow diverse perceptions and practices of justice. We suggest that such an approach is inappropriate
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#MeToo Activism as Pragmatic Justice Seeking Fem. Leg. Stud. (IF 1.958) Pub Date : 2024-03-29 Lena Karlsson
As #MeToo activists took their testimonies of sexual harm outside the legal arena to seek justice, the #MeToo movement has commonly been framed as pitting informal justice-seeking against formal law. This article draws on interviews with Swedish #MeToo activists and focuses on their experiences of justice seeking. It asks the key question: what does justice look like for #MeToo participants? I demonstrate
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Separate But Equal: Is Segregated Schooling (Still) Good for Girls? Fem. Leg. Stud. (IF 1.958) Pub Date : 2024-02-29 Moira Dustin, Kate Malleson
The UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of Al Hijrah that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated
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Polyamory and Legal Parentage: The Possibilities of C.C. (Re) and BCSC 767 for Expanding Conceptions of Kinship in Canada Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-12-21 Margot R. Challborn
On April 4, 2018, Newfoundland and Labrador Supreme Court Justice Robert Fowler issued a landmark decision in C.C. (Re) [2018] NLSC 71 Carswell Nfld 110 making three adults—in a polyamorous relationship with one another—the legal parents to their young daughter. This was a significant decision in Canada, since Newfoundland and Labrador was the first jurisdiction to grant legal parental status to adults
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Gendered Childhoods, Linear Sex Development and Unruly Temporalities Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-12-21
Abstract This article addresses a growing social and legal debate around healthcare provision for gender diverse children. Temporality is used as a theoretical lens to highlight how biological determinism has informed legal approaches to gender diverse children in a series of recent cases. In these cases, accounts of sex and gender as temporally linear are troubled by gender diverse children whose
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The #metoo Movement in India: Emotions and (in)justice in feminist responses Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-11-23 Geetanjali Gangoli
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MacKinnon, Title IX, and Sexual Harassment: An Intellectual History Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-10-19 Ann J. Cahill
Scholarly analyses of Catharine MacKinnon’s influence on US jurisprudence regarding sexual harassment focus almost exclusively on Title VII law. Little attention has been paid to Title IX and Alexander v. Yale, wherein lawyers for the plaintiffs used her theories to argue—successfully—a bold claim: that sexual harassment within educational institutions was sex discrimination, and thus violated Title
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The Anti-trafficking Security Assemblage: Examining Police and NGO Cooperation, Negotiation, and Knowledge Production in Ontario, Canada Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-10-05 Ann De Shalit, Katrin Roots
Canada’s anti-trafficking efforts deploy security mechanisms through a diffused set of actors, including police and prosecutors, but also non-governmental organisations (NGOs), health care providers, educators, the travel and hospitality industry, private corporations, the media, and the public, to name a few. This article brings together two large research studies to focus on the particular and complex
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The Art of Waiting Humbly: Women Judges Reflect on Vertical Gender Segregation Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-08-18 Marína Urbániková, Barbara Havelková, David Kosař
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Bringing Governance Home: Feminists, Domestic Violence, and the Paradoxes of Rights in India Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-08-17 Saptarshi Mandal
Feminists have had spectacular successes transnationally in shifting the norms governing family life through legislation proscribing domestic violence. This article looks at the case of India and asks, how the pursuit of legal rights has shaped the Indian feminist conceptualisations of domestic violence. Through a mapping of feminist interventions on violence in the home since the 1970s, the article
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International Women’s Day 2022: In Conversation with Marcia Willis Stewart KC (Hon) Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-08-16 Manvir Kaur Grewal, Henna Masih
This reflection provides an edited account of a conversation between Marcia Willis Stewart KC (Hon), managing partner at Birnberg Peirce; Henna Masih, a Westminster Law School alumnus; and Manvir Kaur Grewal, Senior Lecturer in Law at the University of Westminster. The conversation was hosted via Zoom by Harriet Samuels, Reader in Law at the University of Westminster, to mark International Women’s
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Incest and the Production of Property in Children: Maintaining White Supremacy Through US Criminal Law Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-06-01 Jenny Logan
The criminal law of incest that emerged in the United States after the Civil War played a key role in producing race, gender, sexuality, and the normative family through the bodies of children, effectively framing the problem of incest as one of social property interests. Drawing upon case analyses, this article illustrates the role of incest law in producing white female children as sites of both
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Compromise on Parenting and Family Violence? Reforms to Canada’s Divorce Act Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-25 Robert Leckey
This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada’s Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing
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“I Don’t Think That’s Something I’ve Ever Thought About Really Before”: A Thematic Discursive Analysis of Lay People’s Talk about Legal Gender Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-23 Elizabeth Peel, Hannah J. H. Newman
This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find
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“We’re not there yet” but it’s not “pie-in-the-sky”: Legal Consciousness, Decertification and the Equality Sector in England and Wales Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-23 Robyn Emerton
Drawing on 38 in-depth, qualitative interviews, this article explores how people working in the equality sector in England and Wales view and use the current law around sex and gender, and how they imagine law’s future, particularly potential decertification, where the state would withdraw from certifying and regulating a person’s sex/gender. Whilst situated in the bureaucratic strand of the literature
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Crafting Prefigurative Law in Turbulent Times: Decertification, DIY Law Reform, and the Dilemmas of Feminist Prototyping Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-23 Davina Cooper
This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative
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Roundtable on Deregistration and Gender Law Reform Internationally Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-23 Jess Smith, Pieter Cannoot, Pierre Cloutier de Repentigny, Lena Holzer, Shelley Leung, Tanya Ni Mhuirthile, Evan Vipond, Nipuna Varman
In this roundtable discussion, early-career researchers working in the field of law, gender, and sexuality discuss international and trans-national developments to legal gender. ‘The Future of Legal Gender’ research project focused on the legislative framework of England and Wales to develop a prototype for decertification. The domestic legislation, however, was situated within a wider international
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Gender-Based Violence Without a Legal Gender: Imagining Single-Sex Services in Conditions of Decertification Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-23 Flora Renz
This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access
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No Refuge(es) here: Jane Doe and the Contested Right to ‘Abortion on Demand’ Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-18 Lori Brown, J. Shoshanna Ehrlich, Nicole M. Guidotti-Hernández
Using a multidisciplinary framework, this article examines the Office of Refugee Resettlement’s (ORR) policy decision to prohibit teens in federal immigration custody from obtaining abortions. As we argue, this appropriation of decisional authority over their reproductive bodies discursively cast them as doubly subversive for first breaching the southern border of the United States and then insisting
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Abortion in International Human Rights Law: Missed Opportunities in Manuela v El Salvador Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-15 Rebecca Smyth
The Inter-American Court of Human Rights’ judgment in Manuela and Others v El Salvador represents a missed opportunity for advancing abortion access and sexual and reproductive health and rights in international human rights law (IHRL). Even though this case is representative of the multiple human right violations arising from El Salvador’s complete criminalisation of abortion and active prosecution
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The Coloniality of Contemporary Human Rights Discourses on ‘Honour’ in and Around the United Nations Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-13 Hasret Cetinkaya
In United Nations (UN) human rights reporting and analysis, ‘honour’ has been systematically conflated with ‘honour-related violence’ (HRV). However, honour and HRV are not the same thing. In this article I examine contemporary UN human rights discourses around honour. I argue that these discourses are underpinned by racialised and orientalist-colonial imaginaries which falsely categorise people and
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Ontological Governance: Gender, Hormones, and the Legal Regulation of Transgender Young People Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-03-14 Matthew Mitchell
Legal institutions worldwide construct theories about gender’s ontology—i.e., theories about what gender is—and use those constructions to govern. In this article, I analyse how the Family Court of Australia constructed ontologies of gender to govern young people’s gender-affirming hormone use. By analysing the ‘reasons for judgment’ published about cases where minors applied for the Court’s authorisation
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Towards a Feminist Geo-legal Ethic of Caring Within Medical Supply Chains: Lessons from Careless Supply During the COVID-19 Pandemic Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-02-21 Ania Zbyszewska, Sharifah Sekalala
The COVID-19 crisis illustrates the fragility of supply chains. Countries with excellent health systems struggled to ensure essential supplies of food, medicines, and personal protective equipment which were vital to a fast and effective response. Using geo-legality, which maps the constitutive relations between law and space, we argue that the failure of supply chains in many western countries during
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A Culture of Consent: Legal Practitioners’ Experiences of Representing Women Who Have Been Misidentified as Predominant Aggressors on Family Violence Intervention Orders in Victoria, Australia Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-02-14 Ellen Reeves
There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence ‘predominant aggressors’—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified
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Legally Affective: Mapping the Emotional Grammar of LGBT Rights in Law School Fem. Leg. Stud. (IF 1.958) Pub Date : 2023-01-10 Senthorun Raj
The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions
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Being Right-With: On Human Rights Law as Unfreedom Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-11-16 Petero Kalulé
This paper develops the notion of being right-with, a conceptual lens that underscores what happens when individuals turn to human rights law and other legal processes and proceedings to address injustices by the state. It does this through a critical multi-directional reading of two Uganda High Court appeal cases that overturned the decision of a lower court which at first instance had convicted Dr
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Beyond Women’s Voices: Towards a Victim-Survivor-Centred Theory of Listening in Law Reform on Violence Against Women Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-11-09 Sarah Ailwood, Rachel Loney-Howes, Nan Seuffert, Cassandra Sharp
Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage
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Resisting State Violence by Making Room for Police Officers’ Benevolence: Canadian Indoor Sex Workers of Colour Share Their Experiences Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-09-19 Menaka Raguparan
Law enforcement’s troubled interactions (characterised by unusually harsh, arbitrary, unjust, and racist interactions and attitudes) with minority and marginalised populations in Canada and other western countries are well documented. Against the backdrop of such scholarship, this paper attempts to make sense of alternative perceptions held by some sex workers of colour about police officers’ attitudes
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Governing Through Ignorance: Swedish Authorities’ Treatment of Detained and Non-deported Migrants during the COVID-19 Pandemic Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-09-17 Annika Lindberg, Anna Lundberg, Elisabet Rundqvist, Sofia Häythiö
Tensions between migration enforcement and migrants’ health and rights have gained renewed urgency during the COVID-19 pandemic. This article critically analyses how the pandemic has affected detained and deportable people in Sweden. Building on an activist methodological approach and collaboration, based on a survey conducted inside Swedish detention centres during the pandemic and the authors’ research
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Credibility, Trauma, and the Law: Domestic Violence-Based Asylum Claims in the United States Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-08-27 Christina Gerken
In 2018, Attorney General Jeff Sessions, in Matter of A-B-, attempted to bar victims of non-state actors—such as intimate partners and local gangs—from obtaining asylum in the United States. This article focuses on domestic violence-based asylum claims that made it to the US Circuit Court of Appeals during the Trump administration and the first five months of the Biden administration. My interdisciplinary
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The Legal Dimensions of Women’s Employment in the Jordanian Private Sector: An Analysis of Family-Related Rights Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-08-27 Ghofran Hilal, Hadeel Al-Zu’bi, Thawab Hilal
This paper seeks to explore why women’s participation in the Jordanian workforce remains comparatively low—despite an increase in the number of employed women across many countries and regions. Focusing on the Jordanian private sector, where the greatest disparities lie, we assess the conformity between the provisions that regulate family-related rights in the workplace within national labour law and
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The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-08-23 Katyayani Sinha
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Transgender EU Citizens and the Limited Form of Union Citizenship available to them Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-07-15 Serhii Lashyn
This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed
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A History Without Women: The Emergence and Development of Subaltern Ideology and the ‘Land Question’ in Kenya Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-04-05 Agnes Meroka-Mutua
Kenya’s land question concerns the distributional inequalities that were occasioned by colonial land policies, and which impact the country’s political stability. There are two main schools of thought that explore how the land question and attendant political issues may be resolved. These are the dominant and the subaltern. The dominant school of thought has largely informed Kenya’s land law system
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Using Reflexivity as a Tool to Validate Feminist Research Based on Personal Trauma Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-03-10 Lisamarie Deblasio
This essay explores social science researchers with ‘insider status’. This term describes a researcher who is a member of the population they are studying. The research in question involved a birth mother studying the impact of compulsory child adoption on birth mothers. Research that grows from traumatic experiences may involve a researcher revisiting painful memories through her interactions with
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Rethinking Explicit Consent and Intimate Data: The Case of Menstruapps Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-03-04 Daniela Alaattinoğlu
Period-tracking software applications or ‘menstruapps’ have witnessed a surge in popularity in recent years. At the same time, many of them are a part of the adtech industry, using business models that create revenue by selling users’ personal and intimate data. This exploratory article brings menstruapps into a feminist legal debate. It investigates the supranational European legal standards on intimate
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Poulami Roychowdhury: Capable Women, Incapable States: Negotiating Violence and Rights in India Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-01-21 Tugce Ellialti-Kose
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Reimagining Gender Through Equality Law: What Legal Thoughtways Do Religion and Disability Offer? Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-01-20 Flora Renz, Davina Cooper
British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that
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Struggle for Recognition: Theorising Sexual/Gender Minorities as Rights-Holders in International Law Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-01-11 Po-Han Lee
This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ (SGMs) by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The
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Artificial Wombs, Frozen Embryos, and Parenthood: Will Ectogenesis Redistribute Gendered Responsibility for Gestation? Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-01-08 Horn, Claire
A growing body of scholarship argues that by disentangling gestation from the body, artificial wombs will alter the relationship between men, women, and fetuses such that reproduction is effectively ‘degendered’. Scholars have claimed that this purported ‘degendering’ of gestation will subsequently create greater equity between men and women. I argue that, contrary to the assumptions made in this literature
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Swethaa S. Ballakrishnen: Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite Fem. Leg. Stud. (IF 1.958) Pub Date : 2022-01-04 Davina Cooper
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Networked Struggles: Placards at Pakistan’s Aurat March Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-12-15 Kamal, Daanika R.
Aurat March [Women’s March] is an annual event organised in various cities across Pakistan to observe International Women’s Day. Since its inception in 2018, the March has been condemned by conservative religious and political segments of society for reasons relating to propriety. This commentary explores how placards predominantly form the object of censure in the movement’s backlash. By reflecting
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Aya Gruber: The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-11-09 Nic Aaron
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Correction to: Izabela Steflja and Jessica Trisko Darden: Women as War Criminals: Gender, Agency and Justice Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-10-25 Haoliang Zhang
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Rachelle Chadwick: Bodies that Birth: Vitalizing Birth Politics Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-10-22 Camilla Pickles
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Gender-Based Violence in Pakistan's Digital Spaces Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-10-10 Naseer, Shirin, Ashraf, Cameran
The provisions of United Nations’ Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provisions and the CEDAW Committee’s recommendations expand on the theoretical and practical ways in which countries can combat gender-based discrimination. In Pakistan, the digitisation of women and feminist collectives and their experience of violent misogyny on the internet accentuates
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Clare McGlynn and Kelly Johnson: Cyberflashing: Recognising Harms, Reforming Laws Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-09-17 Molly Dragiewicz
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Camilla Pickles and Jonathan Herring (eds.): Women’s Birthing Bodies and the Law. Unauthorised Intimate Examinations, Power and Vulnerability Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-09-14 Elena Caruso
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Sylvia Tamale: Decolonization and Afro-Feminism Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-08-28 Emmah Khisa Senge Wabuke
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Advocating for the Right: Alliance Defending Freedom and the Rhetoric of Christian Persecution Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-08-24 Dick, Hannah
In this article I trace the legal and cultural advocacy work of Alliance Defending Freedom (ADF), the single largest Christian conservative legal organisation operating in the US today. I begin by locating ADF strategy within the longer history of Christian persecution rhetoric articulated by the Moral Majority during the 1970s and 1980s. I then analyse both legal and cultural outputs of the organisation
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Nancy Princenthal: Unspeakable Acts: Women, Art, and Sexual Violence in the 1970s Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-08-21 Sophie Doherty
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Custody and Care of Children in Spain: Can the Two Rights be Reconciled? Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-07-17 Marcela Jabbaz Churba
This study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced
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Rupture and Continuity: Abortion, the Medical Profession, and the Transitional State—A Polish Case Study Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-06-26 Atina Krajewska
Taking Poland as a case study, this article examines the sociological and historical-institutional factors that determine the relationship between the process of medical professionalisation and reproductive rights in transitional societies. Focusing on three periods in Polish history, (a) Partition era (1772–1918), (b) the Second Polish Republic (1918–1939), and (c) the post-war period (1945–1989)
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Izabela Steflja and Jessica Trisko Darden: Women as War Criminals: Gender, Agency and Justice Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-06-26 Haoliang Zhang
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Women’s Rights Facing Hypermasculinist Leadership: Implementing the Women, Peace and Security Agenda Under a Populist-Nationalist Regime Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-06-04 Barbara K. Trojanowska
Populist-nationalist ideologies pose a threat to women’s rights. This article examines to what extent national institutionalisation of international frameworks promoting women’s rights can weather the misogynistic political climate accompanying the global rise of populist nationalism. The post-2016 situation in the Philippines offers a testing ground for this problem due to the co-existence of President
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Nurture, Pleasure and Read and Resist!: Abolition Feminist Methodology for a Collective Recovery? Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-05-31 Felicity Adams, Fabienne Emmerich
COVID-19 has magnified intersecting inequalities that are central to the functioning of capitalism. At the height of the crisis, the value of an economy based on the exchange of goods and services faded away to expose the importance of care across the public and private spheres. Undervalued and underpaid labour suddenly became critical to the survival of many. Drawing on Abolition Feminism, we argue
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Seeking Justice and Redress for Victim-Survivors of Image-Based Sexual Abuse Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-05-27 Erika Rackley, Clare McGlynn, Kelly Johnson, Nicola Henry, Nicola Gavey, Asher Flynn, Anastasia Powell
Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their
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Unveiling Complex Discrimination at the Court of Justice of the European Union: the Islamic Headscarf at Work Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-05-15 Ander Gutiérrez-Solana Journoud
The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two preliminary rulings. The result of these decisions implies that the wearing of this veil at work is, in general, neither proscribed nor always justified as a legitimate expression of religious beliefs. However, the law studied and
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The Issue of Abortion in Contemporary Brazil: An Analysis of Feminist Litigation in the Supreme Court Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-05-13 Maria Ligia Ganacim Granado Rodrigues Elias
This article discusses the issue of abortion in the context of the dispute between progressive and neoconservative political forces in Brazil. The article analyses ADPF 442, a legal instrument known as a Motion of Noncompliance with a Fundamental Precept, which was lodged with the Supreme Court as part of a feminist litigation strategy in the country. The motion calls for the Supreme Court to decide
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Tanya Serisier: Speaking Out: Feminism, Rape and Narrative Politics Fem. Leg. Stud. (IF 1.958) Pub Date : 2021-05-11 Karen Crawley