The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address (...) such questions as ‘what is a field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

The political articulation of sexual violence, as legally understood today, took place in India from 1970s onward. In succeeding decades, its definition broadened, positioning it in contexts of caste-based violence, of violence against women at workplaces, and of custodial violence. The Delhi gang rape case, in 2012, introduced another set of political and legal articulations, simultaneously revealing the very politics around them. This paper begins by tracking these phases and definitions, to emphasize one area where such violence has been vocalized (...) the most in recent years, i.e. institutes of higher education in India. Legal codes in this context, carry grave contradictions. Beside, altogether different interpretation occurs when these are applied within institutes of higher education via bureaucratic channels. Recorded cases have shown presence since 2013, except in some regions which appear in negligible measure. Therefore, alongside tracing the historical journey of political articulations of sexual violence in institutes of higher education, this paper takes the case of Raipur city, in the state of Chhattisgarh located in the central-eastern part of India, which has negligible presence in sexual violence crime records in the context of higher educational institutes. Based on a close reading of legal texts, and field visits conducted across institutions in Raipur between 2020–2022, I argue that the limitation of law in combating gender violence, appears not when it is neglected, but often when it is consciously reinterpreted against minority communities, despite claiming to protect those very communities. I attempt to reassess the potential of ‘law’ as a tool to combat gender violence, around existing debates around society and law. (shrink)

The language and ideals of Greek political life identified citizenship with manliness. Plato saw this engendering of politics as a threat to the unity, stability, and excellence of a city, for the unmoderated manliness of actual cities, he claimed, fosters bigoted patriotism, female dissipation, and unnatural vice. Moreover, these cities' civic pieties could not match the egoistic appeal of tyranny, for the Greek ideal of masculinity itself points to tyranny as the most manly life. ;Plato's project, as I will argue (...) through a study of the Republic and the Laws, is to harness spirit and desire to reason in order to rescue cities from these tragedies of engendered politics. Such a rationalization requires a proper understanding of the "male" passions and their subjugation to a disgendered reason. Plato argues not only that the engendered politics of Greek cities treats women unjustly, but also that by excluding females and the feminine these cities make their male citizens vicious and unhappy. ;Since Plato apparently contradicts the egalitarian views of the Republic in his later dialogue, the Laws, I aim to recover the single intention behind two political proposals differing widely in detail. Plato's teaching on gender and politics has been subject to a wide variety of criticism in recent years, but both his feminist and anti-feminist interpreters have generally failed to appreciate the thick and profound political psychology which stands behind his radical views on gender and politics. Plato describes both soul and city as complexes of frequently contradictory desires for whom unity of purpose must be achieved. The lives of men and women in actual cities display distinct and apparently incompatible virtues, but the rationalization of politics requires that these virtues be reconciled in a single regime for both soul and city. ;In conclusion, I will argue that arguments for gender justice, that, like Plato's, are founded in a critique of the pretensions of masculinity, provide more powerful arguments for sexual egalitarianism than more "feminist" arguments that attack patriarchy simply as unjust toward women. (shrink)

What is the relationship between gender and sexuality? Some theories claim that they are two distinct systems of stratification, whereas others claim that they are bound tightly together. By looking at medical opinion on homosexuality in men and women from 1900 to 1950, this article examines the relationship between sexuality and gender. Interpretive analysis of articles on homosexuality appearing in medical journals during this time suggests that the relationship between sexuality and gender varies in (...) historically and socially specific ways. (shrink)

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 services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual (...) violence support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual ‘jokes’ or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, ‘jokes,’ banter, etc.—which may be the ‘norm’—to show the conduct in question was unwelcome. At the (...) same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs. (shrink)

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical (...) binary constructed between the two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

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 context throughout the project. This roundtable discussion, therefore, provided an opportunity for reflection on the transnational issues raised by decertification, with a (...) particular focus on developments arising in the jurisdiction(s) studied by the early career researchers. The roundtable began with a brief outline of these recent developments before moving to an open discussion on key themes including the value of reform on wider society, changes on-the-ground by non-state actors, and alternative processes for tackling gender inequalities without certifying legal gender. The online conversation took place on 28 June 2021 and has been transcribed and edited for continuity, clarity, and referencing. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how (...) they would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...) and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history. (shrink)

This article examines law’s representation of embodied female identity in the context of two medical law cases, R. v. Human Fertilisation and Embryology Authority, ex parte Blood andB v. Croydon Health Authority. Through an examination of contemporary critiques of female embodiment, in particular the work of Judith Butler, two discursive strategies are suggested for their potential to reconfigure the sexed subject within legal discourse. Firstly, the act of transgression – the flight from purportedly fixed subject positions – can be read (...) in the case of Bloodand calls into question law’s ability to contain and sustain sexed identity as prediscursive and immutable. Secondly, the exposure of the historical formation of the female subjects of legal discourse, demonstrated through a genealogical reading of B v. Croydon Health Authority, contributes to the feminist theoretical project to destabilise traditional gender categories and enables us to think beyond the category of ‘Woman’. (shrink)

Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...) and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

This article makes a conceptual contribution to the broader literature on unfree labour by challenging the separate treatment of sexual and industrial labour exploitation both by researchers and in law and policy. This article argues that the prevailing focus of the supply chain literature on industrial labour has inadvertently posited sexual labour as the ‘other’ of industrial labour thus obfuscating how the legal blurring of boundaries between industrial and service labour is engendering new modalities of the erosion of workers’ rights (...) that are increasingly resembling those typical of sex work. This article advances the debate on unfree labour both conceptually and empirically. Conceptually, it highlights the relevance of social reproduction in understanding forms of labour unfreedom. Empirically, it demonstrates the similarities in forms of control and exploitation between sex work and industrial work by illustrating how debt and housing operate in both settings. (shrink)

In a unique rethinking of political transformation, Drucilla Cornell argues for the crucial role of psychoanalysis in social theory in voicing connection between our constitution as gendered subjects and social and political change.

In a unique rethinking of political transformation, Drucilla Cornell argues for the crucial role of psychoanalysis in social theory in voicing connection between our constitution as gendered subjects and social and political change.

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,2 and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual (...) identity based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex. (shrink)

Criminalization is a form of social marginalization that is little appreciated as a determinant of poor health. Criminalization can be understood in at least two ways — in the narrow sense as the imposition of criminal penalties for a certain behavior, and more broadly as the conferral of a criminalized status on all individuals in the population, whether proven guilty of a specific offense or not. Both criminal penalties and criminalized status threaten the mental and physical health of these populations (...) in many ways. Incarceration, abandonment by families and communities, social disdain, physical abuse, discrimination, and relentless fear undermine their ability to enjoy their right to the highest attainable standard of health goods and services. Understanding the social determinants of health in these populations and formulating programs to address them have rarely been high priorities in national or international policy. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...) other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

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 theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations (...) are not conclusively characterised but still require recognition justice. Not equating SGMs to LGBTI populations, I contend that the use of the term ‘SGMs’ should capture the sociocultural dynamics of the way in which one is made a ‘minority’. In light of the variations regarding sexual and gender norms in diverse contexts, SGMs are conceptually useful to accommodate differential experiences of nonconformity with the normative. (shrink)

In the last few years, many countries have introduced (or are proposing to introduce) legislation on ‘conversion therapy’, prohibiting attempts to change or suppress sexual orientation and/or gender identity. This legislation covers ‘aversion therapy’, a form of torture that has already been criminalized in most progressive countries, and also ‘talk therapy’, involving things like counselling, psychoanalysis, and prayer. Focusing on this latter category of practices, I explain what is at stake in the fact that sexual orientation and gender (...) identity have been paired for the purposes of this legislation. I use a particular law reform institute’s approach to this legislation as a case study, and review their literature review in mind to discovering whether they provided sufficient empirical justification for including gender identity in their conversion therapy legislation. I conclude that they did not, and suggest that the pairing of sexual orientation and gender identity may be purely political. (shrink)

The active ‘doing’ of gender and sexuality in and through social interaction has been a topic of academic inquiry for several decades. This study examines the cultural reproduction of that ‘doing’ through the onscreen discourse of the animated television sitcom. A conversation-analytic approach to various excerpts from two popular series reveals the ways in which the situated interactions of these programs make gender and sexuality overtly relevant to viewers through polarization of ‘the norm’ versus deviations from (...) it at the level of talk. In temporarily deviating from their everyday, normative speech practices, characters tap into viewers’ preconceived notions of the behaviors of different gendered and sexual identities in interaction. These non-normative actions are then oriented to as such in the onscreen discourse, thereby making gender, sexuality, and the conduct associated with those identities simultaneously salient for the at-home viewer. It is hypothesized that, while these gender-/sexuality-based associations can be used as a tool through which to offer critiques of the social stereotypes that they parody, they can also serve to re-create those hegemonic divisions at a discursive level through homogenization of the complex range of human identities being represented. (shrink)

This article explores the duality of law with regard to the LGBTQ+ community, examining both its historical regulation of non-heteronormative genders and sexualities and its contradictory potential to transcend such regulations over time. Situated within a postcolonial analytical framework, it undertakes a thematic overview and narrative appraisal of research materials, drawn from a diverse array of social science disciplinary intersections, spanning the timeline from 1990 to 2022, that expounds on the intricate and overlapping imbrications between law and the LGBTQ+ community (...) in India. It was observed that the extant academic deliberations on the subject are dispersed across disciplinary boundaries within the larger scope of humanities and social sciences, necessitating an integrative approach. By delving into the historical antecedents of the subject matter, the current findings are situated within four domains, namely: i) the colonial nexus; ii) the postcolonial public redress; and iii) other domains of sustained legal contestation, such as healthcare, workplace, media censorship, and the fraught terrain of identity and legal lexicon. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Beyond Slavery: Overcoming Its Religious and Sexual Legacies Edited by Bernadette J. BrootenEboni Marshall TurmanBeyond Slavery: Overcoming Its Religious and Sexual Legacies EDITED BY BERNADETTE J. BROOTEN New York: Palgrave Macmillan, 2010. 352 pp. $30.00In her introduction to this edited collection of essays, Bernadette Brooten asserts that religion has long been complicit in the construction and practice of the logic of human enslavement. She provocatively claims that religion (...) and the racial and sexual norms that emerge from religious inquiry have historically [End Page 236] designated women and other bodies that defy white male normativity as inherently “slaveable.” She further contends that the religious and sexual legacies of slavery are not relegated to a moment in time, now past and gone. Rather, contemporary society is the heir of a flesh-and-blood hierarchy that continues to shape its “social values, religious thought, and economic realities” (3). The remnants of enslavement persist among human communities not only as a lived reality that, as Mende Nazer suggests in the epilogue, continues to threaten the lives and life chances of poor women and children throughout the world, but also as a blood memory—a recollection that runs so deep into the social fabric of our theopolitical worlds that in spite of slavery’s superficial obscurity, it remains as the pulse of human everydayness, lurking beneath the surface of daily exchanges.The insidious legacies of slavery that emerge from bigoted God-talk promote dehumanizing racial-sexual stereotypes, dictate the quality of marriage and intimate relationships, corrupt and exploit sexual expression, and drive the development of public policy and law in ways that disproportionately marginalize and disempower women and girls. Consequently, this volume proposes resistance and calls readers to communal action that renounces slavery in all its forms.In parts 2, 3, and 4, the essays detail the racial, religious, and sexual character of slavery by focusing on the experience of black women’s oppression in America. This focus on the varieties of black women’s enslavement—from legal chattel slavery and social-political bondage to incarceration—provides the groundwork for the volume’s subsequent engagement of Christian, Jewish, and Islamic law, which demonstrates how slavery and its concomitant assignment and rationalization of embodied inferiority has been primarily cultivated by sacred texts. In her essay, for example, Sheila Briggs explicitly connects religious belief and dehumanizing practices; she ingeniously links religious textual interpretation with the sexual violence of early Christian gladiatorial practices in ancient amphitheaters.In parts 5 and 6, the volume reintroduces the substance of slavery’s legacies by way of a historical survey that connects enslavement across social contexts. In linking Debra Blumenthal’s discussion of slavery in late medieval Spain and Catherine Clinton’s analysis of the racial hypocrisies of Thomas Jefferson and Strom Thurmond to the problem of the Bible and the oppression it yields for sexual minorities as uncovered by Sylvester Johnson, Brooten exposes the vast and prevailing scope of slavery that affects all of us—women and girls, men and boys, sexual minorities, and even those who dare to fall in love across racial boundaries. In parts 7 and 8, Frances Smith Foster and Dwight Hopkins directly engage the “herstories” of black women who are marked by the legacies of slavery and yet who have consistently resisted in creative and effective ways (271). [End Page 237]Undoubtedly, this volume is a critical contribution to the field insofar as it uncovers an enduring social issue that continues to influence how we engage each other across differences of race, gender, class, and sexuality. The breadth of its disciplinary scope proves to be overwhelming at times. Nonetheless, Brooten’s constructive method serves well to emphasize the titanic complexity of enslavement and the challenge of its demolition.Eboni Marshall TurmanDuke Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

Researchers have given some attention to women law enforcement officers' experiences and perceptions of sexual harassment. Yet, few studies have determined how the interaction of gender and race affect African American women's perception of this workplace impediment. This article explores one group of women's experiences in a U.S. sheriff's department. Interview data gathered from 65 African American women who are active and former law enforcement officers provide a comprehensive examination of how African American women in nontraditional criminal justice occupations (...) experience racialized sexual harassment. Differences in degree and frequency of harassment are found among the women in different cohorts based on their job tenure, marital status, and the race of their harassers. (shrink)

Norm entrepreneurs have made significant strides in advancing sexual orientation and gender identity resolutions at the UN Human Rights Council. However, these advancements are being fiercely contested. This paper examines the development of SOGI at the Council including how states advocate for and contest SOGI and the extent to which their positions are mutable. Resolution 32/2 of 2016, which created an independent expert, is the central focus of the paper. Participant interviews and content analysis of documents and statements are (...) used to provide an in-depth analysis of how states advocate their positions on SOGI. The paper finds that framing is the primary tool used by states. Both proponents and opponents of SOGI believe their own positions are universal and adhere to prior international law, while their opponents’ positions are relativist and revisionist. The paper further finds that deadlock on SOGI resolutions is imminent until Member States’ domestic legislation changes. (shrink)

International criminal law (ICL) has traditionally overlooked sexual and gender-based violence (SGBV) and struggles to understand it. Prosecutions have been largely inefficient and not reflective of gender harms. The Rome Statute requires interpreting SGBV as a social construction (article 7(3)), in consistency with international human rights law (IHRL) and without discrimination (article 21(3)). There is, however, little guidance to implement these approaches. This article argues that intersectionality, an IHRL-based approach that reveals compounded discrimination, is an efficient tool to (...) interpret SGBV and, therefore, should be integrated in ICL. The article traces the origins of intersectionality in feminism and its recognition by IHRL dealing with violence against women. It establishes the applicability of intersectionality in ICL that it demonstrates with a comparative analysis of the Lubanga and Ntaganda cases. The findings show that intersectionality suits ICL’s specific needs which allows labelling and explaining some of those contributions throughout the judicial process. (shrink)

This paper provides a queer critique of the European Court of Human Rights’ use of ‘European consensus’ as a method of interpretation in cases concerning sexuality rights. It argues that by routinely invoking the notion of ‘consensus’ in such cases, the Court (re)produces discourses and induces performances of sexuality and Europeanness that emphasise sameness and agreement, while simultaneously suppressing expressions of difference and dissent. As a result, this paper contends that the Court’s use of European consensus has ultimately (...) functioned to uphold and sustain the heteronormative order that underpins both the European Convention on Human Rights (ECHR) and European society more generally. This is so, despite the role that European consensus has played in the Court’s recognition of ‘new’ rights for lesbian, gay and bisexual people under the ECHR. Drawing on insights from queer theory, as well as the work of Rancière and Foucault, this discussion is carried out through a close reading of Strasbourg cases relating to sexuality. (shrink)

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has (...) been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines. (shrink)

This article endeavours to open up a dialogue between succession law and the field of gender, sexuality and the law. It presents a detailed analysis of five cases concerning inheritance disputes relating to lesbians or gay men. The sexuality of the parties in the cases is ‘doctrinally irrelevant’ but the analysis demonstrates the significance of sexuality in the resolution of the legal disputes. In doing so it identifies how legal discourse remains a critical site for the (...) production of societal norms and in particular how lesbian and gay perspectives reveal the gendered assumptions underlying a number of key succession law doctrines. It emphasises the importance of taking difference seriously and the limits to formal legal equality. (shrink)

Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the ‘persistent failure to take (...) action against abuse’ in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking ‘the woman question’ by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples’ Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security. (shrink)

This book investigates the Ancient Stoic thinkers’ views on gender and sexuality. A detailed scrutiny of metaphysics, ethics and political philosophy reveals that the Stoic philosophers held an exceptionally equal view of men and women’s rational capacities. In its own time, Stoicism was frequently called ‘ the manly school’ of philosophy, but this volume shows that the Stoics would have also transformed many traditional notions of masculinity. Malin Grahn-Wilder compares the earlier philosophies of Plato and Aristotle to show (...) that the Stoic position often stands out within Ancient philosophy as an exceptionally bold defense of women’s possibilities to achieve the highest form of wisdom and happiness. The work argues that the Stoic metaphysical notion of human being is based on strikingly egalitarian premises, and opens new perspectives to Stoic philosophy on the whole. (shrink)

In 2017, more than one billion females needed protection from sexual violence by a private accomplice, while an expected 1.5 billion were without lawful assurance against sexual harassment at work. While there is tremendously justified consideration on finishing violence, the regions of family equity and corrective equity, among others, have been moderately ignored. Around the planet, oppressive normal practices, and laws, compounded by numerous layers of inconvenience – because of neediness, nationality, inability, topography, and transient status – stay amazing obstructions (...) to rise to rights and openings for countless ladies. Today, the world faces the critical assignment of quickening progress. The security of females and their financial, political and social status in Pakistan are obstructed by lethargic state establishments, unfair enactment, and rigid social inclinations; their occupations and lives are also destabilized by savage radicalism. Despite the fact that, Admittance to value for everything is a fundamental litmus preliminary of quiet, just, and far-reaching social orders and a sine qua non extensive correspondence, essential freedoms, and reasonable unforeseen development. Across for the globe, Females' requests for responsibility for infringement and misuses have acquired more prominent consideration than at any other time. This is a turning point for gender equality, with missions and developments overall like MeToo, NiUnaMenos and SheDecides, with ladies' walks, neighborhood and public level unsettling, and numerous legislatures and partnerships underlining their obligation to change. These developments have uncovered the persevering divergence between the guarantee of equity and the real factors on the ground, at home, in networks and in the working environment. Females keep on confronting legitimate separation, inconsistent lawful securities, and lopsided execution of existing protections. (shrink)

chapter Introduction Poststructuralist perspectives on language, gender and sexual identity Since the inception of the field of language and gender in the, ...

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to (...) come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws "give meaning" to sexuality through the legal structures manifested by state and religious regulatory bodies and argues that both religious and state legal institutions need to be reformed to create a legal environment that furthers rather than inhibits a full realization of sexual rights. (shrink)

In the 5th/11th century in Cairo, Imam Ḥamza, the founder of the Druze faith, abrogated the entire substantive laws, including the Islamic one. And yet, four centuries later, Druze jurists in the mountainous regions of Syria developed their own legal doctrine. This essay explores the evolution of Druzism from an esoteric doctrine according to the Ismāʿīlī vision to a madhhab (doctrinal school of law) using the prism of gender (in)equality. Through a close reading of the Imam’s epistles in the (...) Ḥikma (i.e., the Druze canon of scripture) and Druze law treatises from the 9th/15th century, I show how premodern Druze jurists were influenced particularly by Shāfiʿī and Mālikī law. Although they remained faithful to the strict gender equality articulated in their sacred book, Druze jurists established a gender hierarchy in marriage and permitted wife beating based on Q 4:34. They however expounded an original doctrine of zinā (adultery): despite their construction of femininity as inferior and irrational, and their assumption of women’s intellectual deficiency, Druze jurists considered nonconsensual marriage as well as nonconsensual sex in marriage to be crimes of zinā. I argue that Druze jurists developed rules that enforced sexual equality but simultaneously conformed to their patriarchal vision of society to maintain the social cohesion of their religious community, clans, and extended families, all of which provided local networks for informal conflict resolution. (shrink)

Despite high rates of gendered violence among youth, very few young women report these incidents to authority figures. This study moves the discussion from the question of why young women do not report them toward how violence is produced, maintained, and normalized among youth. The girls in this study often did not name what law, researchers, and educators commonly identify as sexual harassment and abuse. How then, do girls name and make sense of victimization? Exploring violence via the lens of (...) compulsory heterosexuality highlights the relational dynamics at play in this naming process. Forensic interviews with youth revealed patterns of heteronormative scripts appropriated to make sense of everyday harassment, violence, coercion, and consent. Findings inform discussions about the links between dominant discourses and sexual subjectivities as we try to better understand why many regard violence a normal part of life. (shrink)

Gender and Sexuality in Critical Animal Studies explores nonhuman animals' experiences of gender, physiological sex, and sexuality while in nature and captivity. Each chapter applies disciplines like literary theory, disability studies, queer studies, ecocriticism, and more to investigate media that shape perceptions and treatment of nonhumans.

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...) distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains. (shrink)