Sex As A Protected Ground In International And Domestic Law
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Sex As A Protected Ground In International And Domestic Law
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Author : Christine Forster
language : en
Publisher: BRILL
Release Date : 2021-07-19
Sex As A Protected Ground In International And Domestic Law written by Christine Forster and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.
This volume in the Brill Research Perspectives in Comparative Discrimination Law offers an analysis and comparison of sex discrimination law in international human rights law and three country examples - the United States, Australia and India.
Sex And Gender Crimes In The New International Law
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Author : Alona Hagay-Frey
language : en
Publisher: BRILL
Release Date : 2011-06-22
Sex And Gender Crimes In The New International Law written by Alona Hagay-Frey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-22 with Law categories.
Much remains to be achieved to protect women during conflict. This book analyzes the way that international law has contended with sex and gender crimes and examines the need for a separate recognition of sex and gender crimes under international criminal law.
Domestic Violence And International Law
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Author : Bonita Meyersfeld
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-03-23
Domestic Violence And International Law written by Bonita Meyersfeld and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-23 with Law categories.
Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).
Gender Sexualities And Law
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Author : Jackie Jones
language : en
Publisher: Routledge
Release Date : 2011-03-17
Gender Sexualities And Law written by Jackie Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.
Bringing 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.
Same Sex Couples Before National Supranational And International Jurisdictions
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Author : Daniele Gallo
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-02
Same Sex Couples Before National Supranational And International Jurisdictions written by Daniele Gallo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-02 with Law categories.
The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Legal Issues Of International Law From A Gender Perspective
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Author : Ivana Krstić
language : en
Publisher: Springer Nature
Release Date : 2023-02-16
Legal Issues Of International Law From A Gender Perspective written by Ivana Krstić and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-16 with Law categories.
This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
Gender Sexuality And The Law
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Author : Debra L. DeLaet
language : en
Publisher: Routledge
Release Date : 2020-06-29
Gender Sexuality And The Law written by Debra L. DeLaet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-29 with Law categories.
This volume examines the role of law as a tool for advancing women’s rights and gender equity in local, national, and global contexts. Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this volume help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity. Collectively, the chapters in this volume explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.
Sexual Orientation And Gender Identity Discrimination
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Author : Holning Lau
language : en
Publisher: BRILL
Release Date : 2018-09-24
Sexual Orientation And Gender Identity Discrimination written by Holning Lau and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Law categories.
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
International Family Law
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Author : Barbara Stark
language : en
Publisher: Routledge
Release Date : 2017-03-02
International Family Law written by Barbara Stark and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press
Release Date : 2019-09-19
The Law Of International Human Rights Protection written by Walter Kälin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kälin and Jörg Künzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.