Gender Perspectives in Private Law

Gender Perspectives in Private Law

Author: Gabriele Carapezza Figlia

Publisher: Springer Nature

Published: 2023-02-15

Total Pages: 257

ISBN-13: 3031140923

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This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.


Theoretical Perspectives on Gender and Development

Theoretical Perspectives on Gender and Development

Author: Jane L. Parpart

Publisher: IDRC

Published: 2000

Total Pages: 232

ISBN-13: 0889369100

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Theoretical Perspectives on Gender and Development demytsifies the theory of gender and development and shows how it plays an important role in everyday life. It explores the evolution of gender and development theory, introduces competing theoretical frameworks, and examines new and emerging debates. The focus is on the implications of theory for policy and practice, and the need to theorize gender and development to create a more egalitarian society. This book is intended for classroom and workshop use in the fields ofdevelopment studies, development theory, gender and development, and women's studies. Its clear and straightforward prose will be appreciated by undergraduate and seasoned professional, alike. Classroom exercises, study questions, activities, and case studies are included. It is designed for use in both formal and nonformal educational settings.


Gender and Law

Gender and Law

Author: Lorenzo Cotula

Publisher: Food & Agriculture Org.

Published: 2006

Total Pages: 204

ISBN-13: 9789251055632

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Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.


Women, Business and the Law 2020

Women, Business and the Law 2020

Author: World Bank Group

Publisher: World Bank Publications

Published: 2020-04-24

Total Pages: 223

ISBN-13: 146481533X

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The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.


Feminist Legal History

Feminist Legal History

Author: Tracy A. Thomas

Publisher:

Published: 2011-04-04

Total Pages: 287

ISBN-13: 9780814784266

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Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case. Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp


Gender and Sexuality

Gender and Sexuality

Author: Momin Rahman

Publisher: Polity

Published: 2010-12-06

Total Pages: 257

ISBN-13: 0745633773

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This new introduction to the sociology of gender and sexuality provides fresh insight into our rapidly changing attitudes towards sex and our understanding of masculine and feminine identities, relating the study of gender and sexuality to recent research and theory, and wider social concerns throughout the world.


From Theory to Practice in Private International Law

From Theory to Practice in Private International Law

Author: Justin Borg-Barthet

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 271

ISBN-13: 1509956662

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This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.


Doing Justice, Doing Gender

Doing Justice, Doing Gender

Author: Susan Ehrlich Martin

Publisher: SAGE

Published: 2006-10-27

Total Pages: 297

ISBN-13: 1452236666

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"Martin and Jurik provide a clear body of evidence illuminating the gendered nature of criminal justice occupations. Of the multitude of feminist works on this topic, this is one of the best analyses available." —CRIMINAL JUSTICE REVIEW Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations is a highly readable, sociologically grounded analysis of women working in traditionally male dominant justice occupations of law, policing, and corrections. This Second Edition represents not only a thorough update of research on women in these fields, but a careful reconsideration of changes in justice organizations and occupations and their impact on women′s justice work roles over the past 40 years. New to the Second Edition: Introduces a wider range of workplace diversity and experiences: An expanded sociological theoretical framework grasps the interplay of gender, race, ethnicity, and sexual orientation in understanding workplace identities and inequities. Provides a better understanding of the centrality of gender issues to understanding the legal and criminal justice system in general: This edition further connects women′s work experiences to social trends and consequent changes in legal system and in criminal justice agencies. Offers a more international perspective: More material is included on women lawyers, police, and correctional officers in countries outside the U.S. Intended Audience: This is an excellent supplemental text for advanced undergraduate and graduate courses such as Gender & Work; Women and Work; Sociology of Work and Occupations; Women and the Criminal Justice System; and Gender Justice in the departments of Sociology, Criminal Justice, Women′s Studies, and Social Work.


Legal Issues of International Law from a Gender Perspective

Legal Issues of International Law from a Gender Perspective

Author: Ivana Krstić

Publisher: Springer Nature

Published: 2023-02-16

Total Pages: 237

ISBN-13: 3031134591

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This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.


The Politics of Gender Justice at the International Criminal Court

The Politics of Gender Justice at the International Criminal Court

Author: Louise A. Chappell

Publisher: Oxford University Press

Published: 2016

Total Pages: 299

ISBN-13: 019992791X

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This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.