Gender Perspectives in Law - Böcker

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.

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.

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law.

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law.

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.

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.

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc.Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only tocritical legal scholars but also all those belonging to mainstream legal and political thought.

This book raises awareness about gender perspective in political and legal theories and historical analysis. The impacts of feminist political and legal theories, as well as critical legal studies, have been embedded in all the papers in different ways and degrees. Differences among feminist political and legal ideas are visible in the different approaches. The ongoing issue of defining gender, for example, is a recurring theme in the texts. Some papers question the binary basis of the gender issue and the notion of gender as such, while others start from the binary dichotomy and attempt to expand the consideration towards a multi-dimensional understanding of gender identities. The main focus is on a feminist reconsideration of all relevant fields of legal knowledge. The primary aim is to demystify the seemingly neutral character of legal norms and legal knowledge and highlight the power relations at different layers, beginning with male and female legal subjects of Western heredity (in terms of culture, ethnicity, and race), then moving on to different needs and power relations among female persons of different races and classes, and finally addressing differentiating gender relations and identities beyond the framework of the women-men binary codification, i.e., also taking into consideration the multiple options of intersex, transgender, queering, etc.Taking seriously the issue of the “maleness” of political and legal theories is indeed a challenging and relevant endeavor for legal scholars. The male bias is present not only throughout history but also in the present, given that our “universal” categories of political and legal thought are still overburdened by unequal power relations. It is also important to open our minds and knowledge production for a gender-sensitive and gender-competent intersectional approach, which would also include various queer-, race- and class-based considerations. These tasks should be of interest not only tocritical legal scholars but also all those belonging to mainstream legal and political thought.

The book deals with topics as jurisprudence and gender, feminist approaches to jurisprudence: liberalism, difference, dominance, anti-essentialism, postmodernism, positivism, natural law, feminist jurisprudence, developments in feminist legal theory as well as feminist critiques of traditional legal concepts.

The book underscores the importance of integrating a gender perspective into judicial systems worldwide, revealing how gender sensitivity enhances the legitimacy, equity, and efficacy of the judicial process.The judiciary serves as a cornerstone of democratic societies, upholding principles of fairness, equality, and justice for all. Yet, the effectiveness of the judiciary can be compromised when it fails to reflect and respond to the diverse experiences and needs of those it serves. A gender perspective within the judiciary addresses this challenge by recognizing that laws and judicial decisions impact individuals differently based on gender, and by working to counteract systemic biases that may disadvantage certain groups. The integration of a gender perspective in the judiciary is essential to fostering an equitable, inclusive, and representative justice system. While judicial institutions uphold the principles of fairness and impartiality, they also operate within broader societal frameworks where gender dynamics and biases play significant roles. Across national jurisdictions and international judicial bodies, gender representation in the judiciary remains imbalanced, with women often underrepresented, particularly in higher courts and leadership roles. This disparity reflects and reinforces traditional power structures, limiting the judiciary’s capacity to address the unique experiences and legal needs of all members of society. By incorporating a gender perspective, judicial systems worldwide can better respond to gender-based inequalities and ensure that their practices, policies, and decisions reflect the diverse realities of those they serve.Incorporating a gender perspective within the judiciary supports a more equitable legal system that honors the experiences and rights of all individuals. By improving women’s representation at all levels, facilitating career advancement, and promoting gender-sensitive practices, judicial institutions can better fulfill their mandate of delivering impartial and fair justice. In both national and international contexts, a judiciary that values gender diversity and awareness is better positioned to address the nuances of gender in the law and to uphold the principles of justice in a way that truly reflects and serves society as a whole.

This book offers an intersectional approach to gender-based discrimination and consideration of substantive gender inequalities issues within different fields of law and legal education. Intersectional approach to gender-based discrimination enables a crucial understanding of complexities of power relations that have been embedded in multiple gender-based inequalities within plural identities. The book contributes to the creation, interpretation and implementation of law and public policies from the point of intersecting different power relations within gender-based oppression, and also with taking into consideration the contextualized expressing of the dialectic of patriarchy and emancipation from the local, national, regional, to global/international legal framework. In the ever-evolving landscape of legal scholarship, this book presents a multidisciplinary exploration that intertwines law, gender, intersectionality, and diversity. The book transcends traditional boundaries, inviting readers to traverse the intricate web of legal theory, lived experiences, and social justice imperatives.