Legal Capacity Gender

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Legal Capacity & Gender

Anna Arstein-Kerslake
Legal Capacity Gender Book PDF

Author : Anna Arstein-Kerslake
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2021
Category : Electronic
ISBN : 3030634949

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Legal Capacity & Gender by Anna Arstein-Kerslake Pdf

This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities - for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, amoung others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world - including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Legal Capacity & Gender

Anna Arstein-Kerslake
Legal Capacity Gender Book PDF

Author : Anna Arstein-Kerslake
Publisher : Springer Nature
Page : 165 pages
File Size : 54,7 Mb
Release : 2021-01-25
Category : Law
ISBN : 9783030634933

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Legal Capacity & Gender by Anna Arstein-Kerslake Pdf

This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

The Legal Status of Intersex Persons

Jens M. Scherpe,Anatol Dutta,Tobias Helms
The Legal Status of Intersex Persons Book PDF

Author : Jens M. Scherpe,Anatol Dutta,Tobias Helms
Publisher : Unknown
Page : 300 pages
File Size : 51,5 Mb
Release : 2018-09
Category : Intersex people
ISBN : 1780684754

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The Legal Status of Intersex Persons by Jens M. Scherpe,Anatol Dutta,Tobias Helms Pdf

Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]

Gender in Refugee Law

Efrat Arbel,Catherine Dauvergne,Jenni Millbank
Gender in Refugee Law Book PDF

Author : Efrat Arbel,Catherine Dauvergne,Jenni Millbank
Publisher : Routledge
Page : 307 pages
File Size : 46,7 Mb
Release : 2014-04-16
Category : Law
ISBN : 9781135038113

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Gender in Refugee Law by Efrat Arbel,Catherine Dauvergne,Jenni Millbank Pdf

Questions 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.

Advancing the Legal Status of Women in Islamic Law

Mona Samadi
Advancing the Legal Status of Women in Islamic Law Book PDF

Author : Mona Samadi
Publisher : BRILL
Page : 234 pages
File Size : 50,5 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004446953

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Advancing the Legal Status of Women in Islamic Law by Mona Samadi Pdf

Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

Gender, Choice and Commitment

Hilary Sommerlad,Peter Sanderson
Gender Choice and Commitment Book PDF

Author : Hilary Sommerlad,Peter Sanderson
Publisher : Routledge
Page : 348 pages
File Size : 50,9 Mb
Release : 2018-12-12
Category : Law
ISBN : 9780429763724

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Gender, Choice and Commitment by Hilary Sommerlad,Peter Sanderson Pdf

First 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.

Empowering Women

Mary Hallward-Driemeier,Tazeen Hasan
Empowering Women Book PDF

Author : Mary Hallward-Driemeier,Tazeen Hasan
Publisher : World Bank Publications
Page : 0 pages
File Size : 49,8 Mb
Release : 2012-10-04
Category : Social Science
ISBN : 0821395335

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Empowering Women by Mary Hallward-Driemeier,Tazeen Hasan Pdf

The importance of property rights in providing the incentive to invest, work hard, and innovate has been recognized for centuries. Yet, many women in Africa do not have the same property rights or formal legal capacity enjoyed by men. Empowering Women: Legal Rights and Economic Opportunities in Africa documents the extent to which the legal capacity and property rights vary for women and men, and analyzes the impact this has on women’s economic opportunities. The book introduces the “Women’s Legal Economic Empowerment Database – Africa (Women LEED Africa).” This database covers all 47 countries in Sub-Saharan Africa, providing indicators and links to constitutions, ratified international conventions, and domestic statutes where there are gender gaps in legal capacity and property rights. It shows how and where, despite universal constitutional recognition of non-discrimination, many countries have exceptions in areas of marriage, ownership, and control over property and inheritance. With less secure property rights, women in these countries do not have the same ability – or incentive – to accumulate and control assets and thus to access finance or to grow their businesses. After laying out the various gender gaps in legal capacity and property rights, the book addresses the additional challenges stemming from legal systems with a multiplicity of sources of law. Overlapping legal systems themselves add uncertainty to defining women’s economic rights. The authors use case law to trace out the implications for women’s rights and to provide examples of effective reforms. The book recognizes that beyond de jure differences, women may face greater practical constraints in having their rights protected. This book spells out specific steps that can be taken to address gender gaps both in formal property rights and in practical constraints in accessing justice.

The Scales of Success

Sheelagh O'Donovan-Polten
The Scales of Success Book PDF

Author : Sheelagh O'Donovan-Polten
Publisher : University of Toronto Press
Page : 258 pages
File Size : 42,6 Mb
Release : 2001-01-01
Category : Social Science
ISBN : 0802083927

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The Scales of Success by Sheelagh O'Donovan-Polten Pdf

An unprecedented window into the most private thinking about success of four male and four female middle-aged lawyers, each of whom is widely recognised to be at the apex of the legal profession in Canada.

The Logics of Gender Justice

Mala Htun,S. Laurel Weldon
The Logics of Gender Justice Book PDF

Author : Mala Htun,S. Laurel Weldon
Publisher : Cambridge University Press
Page : 369 pages
File Size : 54,8 Mb
Release : 2018-03
Category : Law
ISBN : 9781108417563

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The Logics of Gender Justice by Mala Htun,S. Laurel Weldon Pdf

This book explains when and why governments around the world take action to advance - or undermine - women's rights.

Mental Health and Human Rights

Michael Dudley,Derrick Silove,Fran Gale
Mental Health and Human Rights Book PDF

Author : Michael Dudley,Derrick Silove,Fran Gale
Publisher : Oxford University Press
Page : 733 pages
File Size : 45,5 Mb
Release : 2012-06-21
Category : Law
ISBN : 9780199213962

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Mental Health and Human Rights by Michael Dudley,Derrick Silove,Fran Gale Pdf

People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.

A Feminist Perspective in the Academy

Elizabeth Langland,Walter R. Gove
A Feminist Perspective in the Academy Book PDF

Author : Elizabeth Langland,Walter R. Gove
Publisher : University of Chicago Press
Page : 168 pages
File Size : 41,7 Mb
Release : 1983
Category : Education
ISBN : 9780226468754

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A Feminist Perspective in the Academy by Elizabeth Langland,Walter R. Gove Pdf

Essays examine the impact of women's studies on scholarship in fields, includ American history, political science, economics, literary criticism, and psychology.

Women, Business and the Law

The World Bank
Women Business and the Law Book PDF

Author : The World Bank
Publisher : A&C Black
Page : 199 pages
File Size : 48,6 Mb
Release : 2013-11-07
Category : Business & Economics
ISBN : 9781472906458

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Women, Business and the Law by The World Bank Pdf

Women perform 66% of the world's work, produce 50% of the food, but earn 10% of the income and own 1% of the property. To shed light on why this grim statistic still holds true, Women, Business and the Law aims to examine legal differentiations on the basis of gender in 143 of the world's economies. Women, Business and the Law tracks governments' actions to expand economic opportunities for women across six key areas: accessing institutions, using property, getting a job, providing incentives to work, building credit and going to court. The report uncovers legal differentiations for women and married versus unmarried women such as being able to register a business, open a bank account and work at night. These issues are of fundamental importance. When, because of tradition, social taboos or simple prejudice, half of the world's population is prevented from making its contribution to the life of a nation, the economy will suffer. The empirical evidence does suggest that, slowly but surely, governments are making progress in expanding opportunities for women. It is our hope that data presented in Women, Business and the Law will both facilitate research on linkages between legal differentiation and outcomes for women, and promote better informed policy choices on what governments can do to expand opportunities for women.

Law and Gender

Joanne Conaghan
Law and Gender Book PDF

Author : Joanne Conaghan
Publisher : Oxford University Press
Page : 268 pages
File Size : 44,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780199592920

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Law and Gender by Joanne Conaghan Pdf

What role does gender play in shaping the law and legal thinking? This book provides an answer to this question, examining the historical role of gender in law and the relevance of gender to modern jurisprudence. It presents a clear, concise introduction to thinking about gender issues for lawyers and law students.

Gender Justice and the Law

Elaine Wood
Gender Justice and the Law Book PDF

Author : Elaine Wood
Publisher : Rowman & Littlefield
Page : 310 pages
File Size : 48,5 Mb
Release : 2020-11-16
Category : Law
ISBN : 9781683932406

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Gender Justice and the Law by Elaine Wood Pdf

Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

Gender Dimensions of Investment Climate Reform

Sevi Simavi,Clare Manuel,Mark Blackden
Gender Dimensions of Investment Climate Reform Book PDF

Author : Sevi Simavi,Clare Manuel,Mark Blackden
Publisher : World Bank Publications
Page : 184 pages
File Size : 41,7 Mb
Release : 2010-01-06
Category : Social Science
ISBN : 0821380982

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Gender Dimensions of Investment Climate Reform by Sevi Simavi,Clare Manuel,Mark Blackden Pdf

The economic empowerment of women is increasingly seen as one of the most important forces behind economic growth and the fight against poverty. Indeed, women's economic participation in an economy as entrepreneurs, employees, and leaders is recognized as a measure of a country's dynamism and viability. 'Gender Dimensions of Investment Climate Reform' provides fresh solutions to common issues that women entrepreneurs face. It presents actionable, replicable, and scalable tools for promoting gender-sensitive investment climate reforms that would benefit both women and men. The book enables development practitioners and policy makers who are not gender specialists to diagnose gender issues in an investment climate; design creative and practical solutions and recommendations for addressing gender constraints; and monitor and evaluate the implementation of those recommendations.