Law And The Quest For Gender Equality

For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men-that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce-including the professions-in large numbers, they are still expected to assume responsibility for the preponderance of society's caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.

For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master. Despite their ambivalence about the role of law and its contradictions, women and Others felt that they had no alternative but to look to it as a means of liberation. This skewed patriarchal heritage, the subtext of this collection of essays, has continued to impede the quest for equality by women and Others. It informs not only gender relations in the private sphere, as illustrated by domestic violence and sexual assault, but also the status of women in the public sphere. Despite the fact that women have entered the paid workforce—including the professions—in large numbers, they are still expected to assume responsibility for the preponderance of society’s caring. The essays show how maternal and caring roles, which are still largely viewed as belonging to an unregulated private sphere, continue to be invoked to detract from the authority of the feminine in the public sphere. The promise of antidiscrimination legislation in overcoming the heritage of the past is also shown to be somewhat hollow.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

The leading articles on gender and justice within Anglo-American legal theory are assembled in this volume. The essays are drawn primarily from the writings of lawyers working in the common law tradition and they mainly examine the justice of legal institutions. Due to the close kinship between political and legal theories of justice, the book also includes a selection of the work of the more prominent political theorists of justice and gender.

Gerhard (sociology, Johann Wolfgang Goethe University, Germany) examines equality as a principle and practice of law in history, and legal theory from a feminist perspective. She reviews the history of the women's movement in the 19th and 20th centuries, with a focus on Germany, and examines three major legal issues: women's rights in the public sphere, women's legal capacities in private law, and women's human rights. This work was first published in German in 1990 (C.H. Beck'sche Verlagsbuchhandlung); this American edition, somewhat revised, was translated by Allison Brown and Belinder Cooper and includes a new foreword. c. Book News Inc.

Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.