The Public Law Of Gender

Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.

Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.

This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.

To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

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.

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.

Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.