Towards Gender Equality in Law : An Analysis of State Failures from a Global Perspective.
| Main Author: | |
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| Other Authors: | , |
| Format: | eBook |
| Language: | English |
| Published: |
Cham :
Springer International Publishing AG,
2022.
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| Edition: | 1st ed. |
| Subjects: | |
| Online Access: | Click to View |
Table of Contents:
- Intro
- Foreword
- Acknowledgements
- Contents
- Notes on Contributors
- Chapter 1: Introduction
- 1.1 The Context
- 1.2 Rethinking State Failures
- 1.3 Law Is Neutral, or Is It?
- 1.4 Law Is Coherent, or Is It?
- 1.5 Law Is Practical, or Is It?
- 1.6 The Vision of the Book
- References
- Part I: Law Is Neutral?
- Chapter 2: (Stereo)typical Law: Challenging the Transformative Potential of Human Rights
- 2.1 Introduction
- 2.2 Defining Gender Stereotyping
- 2.3 Why Bother?
- 2.4 Failure to Be Objective
- 2.5 Failure to Be Transformative
- 2.6 No Name: No Problem
- 2.7 Concluding Remarks
- References
- Chapter 3: Trans Pregnancy in a Repronormative World
- 3.1 Introduction
- 3.2 Understanding Sex, Gender and Being Trans
- 3.3 Understanding Trans Pregnancy
- 3.4 The Legal and Medical Gatekeeping of Trans Reproduction
- 3.5 The Legal and Bureaucratic "Solutions" to the Pregnant Man
- 3.6 The Repronormative Barriers to Legal Reform
- 3.6.1 The "Nature" Argument
- 3.6.2 The Eugenic Argument
- 3.6.3 The "Women's Rights" Argument
- 3.7 Conclusion
- References
- Chapter 4: Judging Divorce in Ben Ali's Tunisia
- 4.1 Introduction
- 4.2 Tensions in the Law: (Re)defining Gendered Persons and Things
- 4.3 Tensions in the Law: Legitimacy and Origins of the PSC
- 4.3.1 Clashes in Purpose
- 4.4 Legal Context
- 4.4.1 To Reconcile, or Not to Reconcile?
- 4.4.2 Judging "Harm": Clarity v Ambiguity
- 4.5 Reconciliation Sessions
- 4.5.1 Concealing v Revealing
- 4.5.2 (Not) Wanting a Divorce
- 4.5.3 Husband v Wife
- 4.5.4 Family v Freedom
- 4.6 Conclusion
- References
- Part II: Law Is Coherent?
- Chapter 5: Constitutional and Legal Guarantees for Transgender in Pakistan: Reforms and Failures in Law
- 5.1 Introduction
- 5.2 Conceptual and Legal Definitions of Hijra, Khawaja Sira and Transgender.
- 5.3 Criminalisation Under Colonial Rule and Its Effects
- 5.3.1 Post-Independence Situation
- 5.4 Recent Developments in Law: The Supreme Court Orders and Subsequent Case Law
- 5.4.1 Disability Approach of the Supreme Court Orders
- 5.4.2 The Legal Developments After the Supreme Court Orders
- 5.5 The Transgender Persons (Protection of Rights) Act 2018
- 5.6 Listening to the Transgender Individuals in Pakistan
- 5.7 Conclusion
- References
- Chapter 6: Rural Women's Land Use Rights in China: Acceptance and Enforceability
- 6.1 Introduction
- 6.2 Previous Research
- 6.3 Theory, Data and Method
- 6.4 Land Rights
- 6.4.1 Land, Social Benefits and Hukou
- 6.4.2 Lack of Contracts
- 6.5 Rural Women Between Men, Family and State Dominance
- 6.5.1 Legal and Social Recognition, and Enforceability by External Authorities
- 6.6 Discussion and Conclusion
- References
- Chapter 7: One Step Forward, Two Steps Back: An Analysis of Turkey's Implementation of the Istanbul Convention in Addressing Gender-Based Domestic Violence
- 7.1 Introduction
- 7.2 The Istanbul Convention in a Nutshell
- 7.3 The Picture of Gender-Based Domestic Violence Against Women in Turkey and Turkish Law: Pre- and Post-Ratification of the Istanbul Convention
- 7.4 The 6284 Law: A New Ray of Hope to Address Gender-Based Domestic Violence?
- 7.5 The Istanbul Convention and Its Approach to Equality
- 7.6 A Cultural Uprising: A Threat to Women's Equality
- 7.7 Conclusion
- References
- Chapter 8: Hate Speech Law and Equality: A Cautionary Tale for Advocates of "Stirring up Gender Hatred" Offences
- 8.1 Introduction: Beyond the Free Speech Clash
- 8.2 The Current Stirring up Hatred Offences
- 8.3 Stirring up Gender Hatred
- 8.3.1 Gender Hatred and Misogyny
- 8.3.2 The Absence of Gender in UK Anti-Hate Law
- 8.4 Rationalising the Addition of a New Category.
- 8.4.1 Fitting Gender Hatred into the Logics of the Racial and Religious Hatred Offences
- 8.4.2 Fitting Gender Hatred into the Logics of the Sexual Orientation Offences
- 8.5 Conclusion: Pursuing Gender Equality
- References
- Part III: Law Is Practical?
- Chapter 9: Towards Gender Equality in the Solicitors' Profession in England and Wales A Practical, Intersectional, Socio-legal Approach
- 9.1 Background
- 9.2 Practical, Intersectional, Socio-legal Research: Law in Action
- 9.2.1 Mixed Methods Approach
- 9.2.2 Positionality
- 9.3 Equality Legislation
- 9.3.1 Equal Pay
- 9.3.2 Equality in Law
- 9.4 Women Solicitors: Retention and Progression in Private Practice
- 9.5 Law Society Research
- 9.6 Making Inequality History through Practical, Intersectional, Socio-legal Research
- 9.7 Conclusion
- References
- Chapter 10: Exploring Barriers in the Enjoyment of Sexual and Reproductive Health and Rights in Kenya: A Case Study of Sex Workers
- 10.1 Introduction
- 10.2 Methodology
- 10.3 Findings
- 10.3.1 The Ambiguous and Confusing Policies
- 10.3.2 The Criminalised Sex Workers
- 10.3.3 Violence Against Sex Workers
- 10.3.4 Stigma and Discrimination of Sex Workers
- Hostile Healthcare Providers
- 10.4 Conclusion
- References
- Chapter 11: Eradicating Gender Stereotypes in Advertising in Spain
- 11.1 Introduction
- 11.2 From Dictatorship to Democracy
- 11.3 Towards Gender Equality and the Politics of "La Nueva Via"
- 11.4 The Gender Violence Act 2004
- 11.5 The RyanAir Calendar Case
- 11.6 Self-regulation
- 11.7 Austerity, Sexual Violence and Femicide
- 11.8 Cillit Bang Case
- 11.9 Conclusion
- References
- Chapter 12: Conclusion
- 12.1 Introduction
- 12.2 Understanding State Failures: Friction and Ambiguity in Laws
- 12.2.1 Friction Within Laws
- 12.2.2 Ambiguity of Law.
- 12.3 Human Rights-Based Approach to Gender Equality: Where Do States Fail?
- 12.4 Feminist Thought and Lives of "Others": Intersectionality and Gender Binarism
- 12.5 Gender-Based Violence and the Criminalisation Paradigm
- References
- Index.