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Gender in Refugee Law: From the Margins to the Centre (Routledge Research in Asylum, Migration and Refugee Law)
by Catherine Dauvergne Efrat Arbel Jenni MillbankQuestions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
Gender in Transitional Justice
by Susanne Buckley-Zistel Ruth StanleyBased on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.
Gender, Agency, and Coercion
by Anne Phillips Sumi Madhok Kalpana WilsonDrawing on recent feminist discussions, this collection critically reassesses ideas about agency, exploring the relationship between agency and coercion in greater depth and across a range of disciplinary perspectives and ethical contexts.
Gender, Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status (Routledge Revivals)
by Hilary Sommerlad Peter SandersonFirst published in 1998, this volume is the first full-length discussion of women’s experiences in the solicitors’ profession in the UK. It provides an account which is grounded in historical research and a contemporary research study. The authors explore this material to analyze both women’s own experiences and the mainstream culture and structure of the profession. Following a treatment of the struggle against the formal exclusionary barriers to women’s entry to the profession, this book then seeks to identify the informal obstacles which were subsequently erected to women’s participation and career progression, and examine their persistence, in a modified form, into the contemporary era. The analysis draws on perspectives from feminist jurisprudence to the sociology of the professions to shed light on the processes which support women’s continued subordination in employment as lawyers.
Gender, Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status (Routledge Revivals)
by Hilary Sommerlad Peter SandersonFirst published in 1998, reissued here with a new preface, this volume is the first full-length discussion of women’s experiences in the solicitors’ profession in the UK. It provides an account which is grounded in historical research and a contemporary research study. The authors explore this material to analyze both women’s own experiences and the mainstream culture and structure of the profession. Following a treatment of the struggle against the formal exclusionary barriers to women’s entry to the profession, this book then seeks to identify the informal obstacles which were subsequently erected to women’s participation and career progression, and examine their persistence, in a modified form, into the contemporary era. The analysis draws on perspectives from feminist jurisprudence to the sociology of the professions to shed light on the processes which support women’s continued subordination in employment as lawyers.
Gender, Conflict and International Humanitarian Law: A critique of the 'principle of distinction' (Routledge Studies in Humanitarian Action)
by Orly Maya SternThis book conducts a gendered critique of the ‘principle of distinction’ in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The ‘principle of distinction’ is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in ‘new wars’ today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women’s participation in ‘new wars’ in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.
Gender, Conflict and Reintegration in Uganda: Abducted Girls, Returning Women (Routledge Studies on Gender and Sexuality in Africa)
by Allen KiconcoThis book explores what happened when the tens of thousands of girls (now women) abducted by Lord’s Resistance Army and inducted into their campaign of violence against the Ugandan government, returned home. Drawing on extensive original research, the author considers the challenges which the formerly abducted women have encountered upon their return, the strategies which have been used to aid their reintegration, and the enduring stigma of abduction which they continue to suffer from. The author demonstrates that ‘home’, a place of hope and comfort, can also be a hostile environment which leaves formerly abducted women in precarious and vulnerable situations. The many shortcomings in the reintegration process have serious implications for the prospects of post-conflict reconstruction. Analysing reintegration as a long-term and dynamic process which involves complex negotiations and exchanges between hosting communities and formerly abducted women, this book will be of interest to scholars, policymakers and practitioners working in the fields of post-conflict reconstruction, African politics and gender and conflict.
Gender, Constitutions, and Equality: A Global Comparison (Gender and Comparative Politics)
by Priscilla A. Lambert Druscilla L. ScribnerThis book addresses whether the "gendering" of constitutions promotes women’s equality. The authors use a mixed-methods approach to explore how constitutional gender rights affect political processes and strategies, legislative and judicial outcomes, and ultimately women’s equality. They employ a cross-national study by constructing a unique database of gender provisions in over 100 countries at three points in time: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana trace the complex relationship between constitutional law, strategies, and policy change in four policy areas: family law, gender-based violence, reproductive rights, and employment rights. They argue that where egalitarian constitutional provisions are present, women’s rights advocates can use them as a tool to fight gender discrimination and pursue policy changes that address gender-based power disparities. At a time when gender equality provisions are increasingly common in constitutional design, this book clarifies the mechanisms that link constitutional provisions to changes in process and outcomes while also systematically describing and analyzing the effect of gender provisions across countries and over time. Gender, Constitutions, and Equality will inform theoretical debates on gender and politics, law and social change, feminist institutionalism, and constitutional design and its effect on legislation and political strategies.
Gender, Crime and Justice
by Lizzie SealThis textbook takes a gender inclusive and intersectional feminist approach to examining key topics related to gender, crime and justice. It provides an overview and critical discussion of contemporary issues and research in this area suitable for use in undergraduate and postgraduate degree modules. A key feature of the book is its use of films, television series and documentaries to illustrate the concepts and findings from criminological research on gender, crime and justice. After outlining the meaning of gender and the perspective of intersectional feminism, it has chapters focused on interpersonal and sexual violence, sex work and the night-time economy, street crime, crimes of the powerful, policing and the courts, prison and community penalties and a final chapter on extreme punishment and abolitionist futures. It speaks to students and academics in criminology, sociology and gender studies.
Gender, Equality and Social Justice: Anti Trafficking, Sex Work and Migration Law and Policy in the EU (Routledge Studies in Law and Humanity)
by Jane Freedman Sharron FitzGeraldThis book addresses a gap in both contemporary theorising and empirical analysis of the European Union’s (EU) law and policy frameworks on migration, sex work and anti trafficking. Drawing on the authors’ previous research on these policies and with their practical experience of engaging with various EU institutions in law and policy-making fora around gender, equality and justice, the work examines the processes involved in constructing and enacting policy frameworks and legal interventions on these issues, within a feminist analytical framework. The authors map how EU agenda-setting operates, and detail the roles that various EU institutions, external groups and actors, including non-governmental organisations, play in promoting or blocking policy on these three issues. The book draws on feminist theorising on gender, policy-making and social justice to develop a general theoretical framework to help us understand how and why a consensus has seemingly been achieved at EU level on what constitutes gender equality in these three policy areas. The book presents a valuable resource for academics, researchers and policy makers in Law, Migration, EU policy making and Gender Studies.
Gender, Judging and the Courts in Africa: Selected Studies (Routledge Studies on Gender and Sexuality in Africa)
by J. Jarpa DawuniWomen judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.
Gender, Justice, and the Problem of Culture: From Customary Law to Human Rights in Tanzania
by Dorothy L. HodgsonAn analysis of the relationships between law, custom, gender, marriage and justice among northern Tanzania’s Maasai communities.When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania—from customary law to human rights—as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals.“This is a book that only Dorothy Hodgson could have written, with her decades of work in Tanzania, vast networks in Maasailand, and deep ethnographic knowledge, combined with her deftness in working through more theoretical work on gender and human rights. Closely argued, conceptually sharp, and engagingly written.” —Brett Shadle, author of Girl Cases: Marriage and Colonialism in Gusiiland, Kenya, 1890-1970“Dorothy Hodgson asks a number of important and clearly articulated questions, and provides thoughtful answers to them using a hybrid of historical and anthropological methodologies that combine in-depth case studies with more empirically-informed macro-level reflection. A concise and useful resource in the undergraduate as well as the graduate classroom.” —Priya Lal, author of African Socialism in Postcolonial Tanzania: Between the Village and the World“Gender, Justice, and the Problem of Culture makes a significant contribution to the study of law in East Africa and elsewhere among colonized peoples, and it should be required reading not only for academics interested in such matters but for activists and policymakers.” —American Anthropologist“Hodgson’s book is both rich in detail and broad in its implications for understanding struggles for justice for marginalised groups. It deserves the attention of students and scholars of African studies, anthropology, history, political science and women’s and gender studies.” —Journal of Modern African Studies
Gender, Law and Social Transformation in India
by Abha Chauhan Ajailiu NiumaiThis book provides deep insights into the wide-ranging issues linked to gender, law, and social transformation in India. It focuses on women-centered laws as well as the violence of unequal and discriminatory social order. It emphasizes violence and the neutrality of laws that sustain the status quo and perpetuate the stereotypical notions related to women’s condition. Based on the first-hand experience of laws and their nuanced understanding, the essays highlight the rules associated with the private and the public domains. The chapters in the volume analyze various statutes and their enactment related to domestic violence, dowry crimes, sexual abuse at home as well as sexual harassment at the workplace, child marriages, education, property rights, trafficking, prostitution, ‘honor’ killings, and armed conflict. The book is essential to the academics and researchers in the disciplines of social sciences, gender studies, law, and the government and policy-makers for making meaningful interventions.
Gender, National Security, and Counter-Terrorism: Human rights perspectives (Routledge Research in Terrorism and the Law)
by Margaret L. Satterthwaite Jayne C. HuckerbyIn the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most—both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism—and human rights into a gendered analysis of counter-terrorism—this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.
Gender, Property and Politics in the Pacific: Who Speaks for Land?
by Rebecca MonsonLegal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.
Gender, Psychology, and Justice: The Mental Health of Women and Girls in the Legal System (Psychology and Crime #6)
by Corinne Datchi Julie R AncisReveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of women and girls in the justice system. Women and girls’ contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions—including personal theories about gender—more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls’ and women’s experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.
Gender, Sex and the Law (Routledge Library Editions: Women in Society)
by Susan EdwardsOriginally published in 1985 Gender, Sex and the Law explores the way in which the law, at its various levels of jurisdiction, justifies its discrimination against women in terms of the physiological differences between the sexes. The book examines the wider and most pervasive consequences of this as it affects women in their legal status, their rights, obligations and duties and in their confrontation with the law. Whilst it focuses principally on the contemporary implications of this legal perception in the sphere of crime, work and medical practice, there is also discussion of the historical development of these attitudes. The book has appeal across subject boundaries, it sets out what was bothering feminists lawyers and activists in the 1980s, matters still bothering us today.This book is a re-issue originally published in 1985. The language used and views portrayed are a reflection of its era and no offence is meant by the Publishers to any reader by this re-publication.
Gender, Sexualities and Law
by Kim Stevenson Jackie Jones Anna Grear Rachel Anne FentonBringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issues – both topical and controversial – raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.
Gender, Technology and Violence (Routledge Studies in Crime and Society)
by Marie Segrave Laura VitisTechnological developments move at lightening pace and can bring with them new possibilities for social harm. This book brings together original empirical and theoretical work examining how digital technologies both create and sustain various forms of gendered violence and provide platforms for resistance and criminal justice intervention. This edited collection is organised around two key themes of facilitation and resistance, with an emphasis through the whole collection on the development of a gendered interrogation of contemporary practices of technologically-enabled or enhanced practices of violence. Addressing a broad range of criminological issues such as intimate partner violence, rape and sexual assault, online sexual harassment, gendered political violence, online culture, cyberbullying, and human trafficking, and including a critical examination of the broader issue of feminist ‘digilantism’ and resistance to online sexual harassment, this book examines the ways in which new and emerging technologies facilitate new platforms for gendered violence as well as offering both formal and informal opportunities to prevent and/or respond to gendered violence.
Gender, Transitional Justice and Memorial Arts: Global Perspectives on Commemoration and Mobilization
by Jelke Boesten and Helen ScanlonThis book examines the role of post-conflict memorial arts in bringing about gender justice in transitional societies. Art and post-violence memorialisation are currently widely debated. Scholars of human rights and of commemorative arts discuss the aesthetics and politics not only of sites of commemoration, but of literature, poetry, visual arts and increasingly, film and comics. Art, memory and activism are also increasingly intertwined. But within the literature around post-conflict transitional justice and critical human rights studies, there is little questioning about what memorial arts do for gender justice, how women and men are included and represented, and how this intertwines with other questions of identity and representation, such as race and ethnicity. The book brings together research from scholars around the world who are interested in the gendered dimensions of memory-making in transitional societies. Addressing a global range of cases, including genocide, authoritarianism, civil war, electoral violence and apartheid, they consider not only the gendered commemoration of past violence, but also the possibility of producing counter-narratives that unsettle and challenge established stereotypes. Aimed at those interested in the fields of transitional justice, memory studies, post-conflict peacebuilding, human rights and gender studies, this book will appeal to academics, researchers and practitioners.
Gender, Truth and State Power: Capitalising on Punishment (Gender in Law, Culture, and Society)
by Anette BallingerThis book is concerned with critically analysing the importance of the status of knowledge in establishing ‘truth’ about female defendants convicted of murder during the 20th Century. While the abolition of the death penalty in the UK has insured that the impact of this knowledge is no longer one of life and death, modern cases such as that of Sally Clark, whose guilty verdict was eventually overturned, nevertheless demonstrate the devastating impact that those with the power to define the 'truth' still have on the lives of individuals who are unable to construct a dominant truth of their own during their trials. Using the key themes of truth, gender and power, the book also focuses on agency and rationality in relation to female criminality, masculinity and miscarriages of justice. Challenging official discourse which historically has incorporated entrenched constructions of women who kill as mad, bad or tragic victims, this book argues for the creation of new subject positions and alternative discourses within which female violence can be understood.
Gender, Unpaid Work and Care in India
by Ellina Samantroy and Subhalakshmi NandiThis book explores the paradox of women’s paid and unpaid work in India. It examines key themes including historical discourses, macroeconomic policies, employment trends, issues of tribal areas, public services and infrastructure, climate change and gendered migration and vulnerability of girl children. It highlights the play of gender norms, resource rights, identities and agency in women’s work. Building on feminist theoretical frameworks and empirical analyses from microstudies, the volume offers fresh perspectives for research and policy on women’s work in the Global South. A timely intervention, this multidisciplinary book will be useful to scholars and researchers of political economy, labour studies, women’s/gender studies, public policy, economics, development studies, sociology, South Asian studies and Global South studies. It will interest planners, policymakers, gender advocates, civil society organisations, human rights bodies and international organisations working towards ensuring gender equality and women’s rights.
Gender, Violence and the State in Asia (Routledge Research on Gender in Asia Series)
by Amy Barrow and Joy L. ChiaWhile gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors. Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia. By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law.
Gender, Vulnerability Theory and Public Procurement: Perspectives on Global Reform (Gender in Law, Culture, and Society)
by S. N. NyeckTaking up the concept of vulnerability, this book examines the gendered impact of market-based procurement practices. In recent years, ideological shifts and real managerial constraints have forced states everywhere to rely on private resources to solve public problems. Focusing on instances where the state retains ownership of assets and rights, even if it temporarily devolves its authority to a private entity (profit or non-profit), this book uncovers the ways in which these private actors are not just suppliers of materials goods, but increasingly policy influencers. More specifically, the book focuses on the gendered dynamics within the law, policy, and practice of public procurement and investigates how vulnerability is conceptualized and coded in the process of public acquisition of works, goods, and services from private suppliers. In this book, a series of rich case studies from Africa, the Middle East, and Europe show how vulnerability theory can inform the design of public institutions that are more responsible and responsive to gender-informed demands for social justice. This first book to integrate vulnerability theory into public procurement studies in global and comparative perspectives will appeal to scholars and others with interests in gendered dynamics in law and society, international development, public policy, and international political economy.
Gender-Based Violence and Femicide in South Africa (Gender, Justice and Legal Feminism #5)
by Tameshnie DeaneThis book presents new perspectives on gender-based violence (GBV) in South Africa. It argues that violence against women is a manifestation of unequal gender relations and harmful manifestations of hegemonic masculinity, which are governed by patriarchal beliefs, institutions and systems. It includes chapters on quantitative research that assess not only the levels and determinants of violence against women but also men’s attitudes towards gender-based violence, perceptions of violence, the legislative frameworks governing violence against women in South Africa, and the current cases and jurisprudence relating to this scourge. In spite of its focus on South Africa, the book also provides insights for comparative scholars exploring the value of different constitutional articulations of human rights and how they support (or fail to support) efforts to combat violence against women. By assessing recent incidents and responses to gender-based violence, the book provides a view of not only the societal but also jurisprudential opportunities and pitfalls in this area that may be applicable elsewhere. Gender equality and, central to this, the right of women to live lives free of violence, is a precondition for full democratic participation and is a universal goal. Accordingly, the South African experience contributes to a wider understanding of the possibilities and limitations of societal and legal reform in challenging the ubiquity of violence against women. The book is aimed at researchers, practitioners, students, professionals and advocates in the field of gender-based violence.