Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2213056
D. Ikpo
ABSTRACT This study grounds itself in contact theory and imagined contact theory to argue that contact and simulated/imagined contact with queerness contributes to the eradication of homophobic prejudices. Using international human rights soft law – the African Commission on Human and People’s Rights’ Resolution 275 on the protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity – for its persuasive effect, this study seeks to centre the importance of attitude-focused work in the advancement of queer rights as well as in the engagement with queer-inclusive soft law standards in Nigeria, and more specifically in Nigerian universities. Based on an empirical storytelling intervention conducted at the University of Lagos, this study seeks to demonstrate the potential of the joint use of indigenous storytelling and Resolution 275 as attitude-focused and empathy-driven advocacy tools for advancing queer rights in Nigeria, In doing so, the study contributes to reimagining soft law and queer rights advocacy in terms of pedagogies as well as queer Nigerian classrooms as sites for queer rights advocacy.
{"title":"Advancing Queer-inclusive International Human Rights Law Education in Nigerian Classrooms through Indigenous Storytelling: Stories from a Law Classroom at Eko (Lagos, Nigeria)","authors":"D. Ikpo","doi":"10.1080/13200968.2023.2213056","DOIUrl":"https://doi.org/10.1080/13200968.2023.2213056","url":null,"abstract":"ABSTRACT This study grounds itself in contact theory and imagined contact theory to argue that contact and simulated/imagined contact with queerness contributes to the eradication of homophobic prejudices. Using international human rights soft law – the African Commission on Human and People’s Rights’ Resolution 275 on the protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity – for its persuasive effect, this study seeks to centre the importance of attitude-focused work in the advancement of queer rights as well as in the engagement with queer-inclusive soft law standards in Nigeria, and more specifically in Nigerian universities. Based on an empirical storytelling intervention conducted at the University of Lagos, this study seeks to demonstrate the potential of the joint use of indigenous storytelling and Resolution 275 as attitude-focused and empathy-driven advocacy tools for advancing queer rights in Nigeria, In doing so, the study contributes to reimagining soft law and queer rights advocacy in terms of pedagogies as well as queer Nigerian classrooms as sites for queer rights advocacy.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"99 - 121"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49042776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2184449
Claerwen O’Hara
ABSTRACT In 1976, two people’s tribunals took place which considered issues relating to non-normative sexuality. ‘People’s tribunals’ are civil society initiatives that assert a popular jurisdiction which operates outside of both the state and international institutions. In Brussels, there was the International Tribunal on Crimes against Women, which treated ‘compulsory heterosexuality’ as a crime. On the other side of the world, in Sydney, there was the Tribunal on Homosexuals and Discrimination. These people’s tribunals are sometimes treated as forerunners to later developments relating to lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in international law. In this paper, by contrast, I engage in a queer reading of the Brussels and Sydney Tribunals, whereby I consider how the legal framings and procedures adopted by the two tribunals diverged from the LGBTI rights framework that would later develop. In doing so, my aim is to shine a light on alternative, queerer legal possibilities, as well as to open up a conversation about using people’s tribunals as a mode of queer activism into the future.
{"title":"In Search of a Queerer Law: Two People’s Tribunals in 1976","authors":"Claerwen O’Hara","doi":"10.1080/13200968.2023.2184449","DOIUrl":"https://doi.org/10.1080/13200968.2023.2184449","url":null,"abstract":"ABSTRACT In 1976, two people’s tribunals took place which considered issues relating to non-normative sexuality. ‘People’s tribunals’ are civil society initiatives that assert a popular jurisdiction which operates outside of both the state and international institutions. In Brussels, there was the International Tribunal on Crimes against Women, which treated ‘compulsory heterosexuality’ as a crime. On the other side of the world, in Sydney, there was the Tribunal on Homosexuals and Discrimination. These people’s tribunals are sometimes treated as forerunners to later developments relating to lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in international law. In this paper, by contrast, I engage in a queer reading of the Brussels and Sydney Tribunals, whereby I consider how the legal framings and procedures adopted by the two tribunals diverged from the LGBTI rights framework that would later develop. In doing so, my aim is to shine a light on alternative, queerer legal possibilities, as well as to open up a conversation about using people’s tribunals as a mode of queer activism into the future.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"17 - 38"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46774017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2187527
Samuel Ballin
ABSTRACT This article examines the construction of identity and the ‘particular social group’ (PSG) under the 1951 Refugee Convention. In particular, it analyses the ways in which the identity of a non-binary asylum claimant is discussed in the Mx M case in the UK, and what the implications of this might be for the project of queering the PSG. The article identifies four central challenges for queering and navigating the PSG, informed by Judith Butler’s notion of a ‘double movement’. These are the demand for recognition; the threat of erasure and/or misrepresentation; the contestation of universal, objective and/or essentialist categories; and the inseparability of violence from resistance. The article argues that strategic flexibility offers the greatest potential for individual claimants and for the wider project of queering the PSG, rather than trying to resolve the challenges by consistently adopting any single approach to PSG construction.
{"title":"Four Challenges, Three Identities and a Double Movement in Asylum Law: Queering the ‘Particular Social Group’ after Mx M","authors":"Samuel Ballin","doi":"10.1080/13200968.2023.2187527","DOIUrl":"https://doi.org/10.1080/13200968.2023.2187527","url":null,"abstract":"ABSTRACT This article examines the construction of identity and the ‘particular social group’ (PSG) under the 1951 Refugee Convention. In particular, it analyses the ways in which the identity of a non-binary asylum claimant is discussed in the Mx M case in the UK, and what the implications of this might be for the project of queering the PSG. The article identifies four central challenges for queering and navigating the PSG, informed by Judith Butler’s notion of a ‘double movement’. These are the demand for recognition; the threat of erasure and/or misrepresentation; the contestation of universal, objective and/or essentialist categories; and the inseparability of violence from resistance. The article argues that strategic flexibility offers the greatest potential for individual claimants and for the wider project of queering the PSG, rather than trying to resolve the challenges by consistently adopting any single approach to PSG construction.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"141 - 157"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49570317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2188695
Giovanna Gilleri
ABSTRACT International human rights law is a gendered discourse. This discursive terrain welcomes or (partially) rejects different subjects depending on their sex/gender identifications, manifestations and positioning. Queer theory is a piercing tool seeking to unearth the hidden hierarchies and attitudes behind the human rights talk. The queer method constantly questions the underlying intricacies of the sense we give to the world and the way we uncover our personal truth. As a contaminated method of enquiry, the analytical potential of a queer approach to human rights resides also in its openness to cross-pollination with other areas of knowledge. This paper explores the commonalities and tensions between psychoanalysis and queer theory applied to human rights law from the perspective of subject formation – a process which renders the subject of law and psychoanalysis constitutively dependent on external gendered legal norms. In both human rights and psychoanalysis, the individual is valued by virtue of being. Therefore, queer theory can benefit from theories of language and discourse, such as Lacanian psychoanalysis, to scrutinise the impact of the human rights vocabulary and grammar on subject formations. Psychoanalysis is a methodological partner of queer theory in understanding and valuing plural subject formations.
{"title":"Human Rights Discourses and Subject Formations: Tainting Queer Theory with Psychoanalysis","authors":"Giovanna Gilleri","doi":"10.1080/13200968.2023.2188695","DOIUrl":"https://doi.org/10.1080/13200968.2023.2188695","url":null,"abstract":"ABSTRACT International human rights law is a gendered discourse. This discursive terrain welcomes or (partially) rejects different subjects depending on their sex/gender identifications, manifestations and positioning. Queer theory is a piercing tool seeking to unearth the hidden hierarchies and attitudes behind the human rights talk. The queer method constantly questions the underlying intricacies of the sense we give to the world and the way we uncover our personal truth. As a contaminated method of enquiry, the analytical potential of a queer approach to human rights resides also in its openness to cross-pollination with other areas of knowledge. This paper explores the commonalities and tensions between psychoanalysis and queer theory applied to human rights law from the perspective of subject formation – a process which renders the subject of law and psychoanalysis constitutively dependent on external gendered legal norms. In both human rights and psychoanalysis, the individual is valued by virtue of being. Therefore, queer theory can benefit from theories of language and discourse, such as Lacanian psychoanalysis, to scrutinise the impact of the human rights vocabulary and grammar on subject formations. Psychoanalysis is a methodological partner of queer theory in understanding and valuing plural subject formations.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"39 - 54"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45291562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2203974
Kseniya A. Kirichenko
ABSTRACT The article suggests applying queer intersectionality to the analysis of international LGBTI human rights discourse – particularly, those of UN treaty bodies. By focussing on three single-axis committees, this paper looks at possibilities to respond to queer critique of LGBTI human rights strategies. In particular, the article provides an overview of three UN treaty bodies that monitor the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Rights of Persons with Disabilities, and the International Convention on the Elimination of All Forms of Racial Discrimination, in order to investigate if the addition of gender, race and (dis)ability angles to the analysis of LGBTI / SOGIESC rights and struggles could be helpful in addressing queer critique. Each of the three committee’s discourses are discussed from the perspective of its actual stance, as well as potential for future developments.
{"title":"Queer Intersectional Perspective on LGBTI Human Rights Discourses by United Nations Treaty Bodies","authors":"Kseniya A. Kirichenko","doi":"10.1080/13200968.2023.2203974","DOIUrl":"https://doi.org/10.1080/13200968.2023.2203974","url":null,"abstract":"ABSTRACT The article suggests applying queer intersectionality to the analysis of international LGBTI human rights discourse – particularly, those of UN treaty bodies. By focussing on three single-axis committees, this paper looks at possibilities to respond to queer critique of LGBTI human rights strategies. In particular, the article provides an overview of three UN treaty bodies that monitor the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Rights of Persons with Disabilities, and the International Convention on the Elimination of All Forms of Racial Discrimination, in order to investigate if the addition of gender, race and (dis)ability angles to the analysis of LGBTI / SOGIESC rights and struggles could be helpful in addressing queer critique. Each of the three committee’s discourses are discussed from the perspective of its actual stance, as well as potential for future developments.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"55 - 70"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44748598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2213057
Lena Holzer, Bérénice K. Schramm, Juliana Santos de Carvalho, Manon Beury
This special issue arose out of a workshop held online from 27 September to 1 October 2021 under the auspices of the Geneva Graduate Institute (Switzerland). In a year when immobility re-defined academic encounters and exchange, our workshop entitled International Law Dis/Oriented: Queer Legacies and Queer Futures focused on the mobility of queer international legal research. By zooming in on the distinct paths, connections, and forms of dis/orientations through which queer methods have contributed to the practice and discipline of international law, our workshop aimed to provide a platform to take stock of and ponder on the workings of queer analytical sensibilities and queer methods in the study of international law. Since their recent emergence of international law, queer approaches have often been studied from a destination-oriented perspective, with a focus on what they (aim to) achieve. On the contrary, our objective with the workshop was to look at the journey itself and attempt to single out how scholars are using queer sensibilities in their work; in other words, what ‘doing queer’ means for international legal research. The workshop explored how theories, methods, and knowledge can – or cannot – travel across regions, disciplines, institutions, and languages. The mapping out of queer scholarship is often limited to the Global North and/or to Western authors, institutions, and
{"title":"An Introduction to International Law Dis/oriented: Sparking Queer Futures in International Law","authors":"Lena Holzer, Bérénice K. Schramm, Juliana Santos de Carvalho, Manon Beury","doi":"10.1080/13200968.2023.2213057","DOIUrl":"https://doi.org/10.1080/13200968.2023.2213057","url":null,"abstract":"This special issue arose out of a workshop held online from 27 September to 1 October 2021 under the auspices of the Geneva Graduate Institute (Switzerland). In a year when immobility re-defined academic encounters and exchange, our workshop entitled International Law Dis/Oriented: Queer Legacies and Queer Futures focused on the mobility of queer international legal research. By zooming in on the distinct paths, connections, and forms of dis/orientations through which queer methods have contributed to the practice and discipline of international law, our workshop aimed to provide a platform to take stock of and ponder on the workings of queer analytical sensibilities and queer methods in the study of international law. Since their recent emergence of international law, queer approaches have often been studied from a destination-oriented perspective, with a focus on what they (aim to) achieve. On the contrary, our objective with the workshop was to look at the journey itself and attempt to single out how scholars are using queer sensibilities in their work; in other words, what ‘doing queer’ means for international legal research. The workshop explored how theories, methods, and knowledge can – or cannot – travel across regions, disciplines, institutions, and languages. The mapping out of queer scholarship is often limited to the Global North and/or to Western authors, institutions, and","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"1 - 15"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59755426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2196819
Leonam Lucas Nogueira Cunha
The notes I share in this article are the result of research conducted within the framework of the Doctoral Program in Rule of Law and Global Governance at the University of Salamanca. This research, based on a queer theoretical-epistemological approach, seeks to analyse and bring together the Spanish and Brazilian legal overviews regarding the recognition of trans rights, in view of reconstructing policies that contemplate the demands of trans movements. The starting point for my research is a depathologising and human rights perspective. In the first part of this article, I present the content of my investigation as well as its delimitation, object and objectives. Then, I address the difficulties that arise when bringing a queer analysis closer to the study of legislation, case law and public policies – as well as the strategies that can be developed from that. Finally, I present a series of suggestions to queer the study of law; that is, how to combine research methods to encompass different objectives and favour a trans/disciplinary dialogue, as well as how to embrace existing contradictions in a critical legal investigation.
{"title":"Queer Methodologies in the Study of Law: Notes about Queering Methods","authors":"Leonam Lucas Nogueira Cunha","doi":"10.1080/13200968.2023.2196819","DOIUrl":"https://doi.org/10.1080/13200968.2023.2196819","url":null,"abstract":"The notes I share in this article are the result of research conducted within the framework of the Doctoral Program in Rule of Law and Global Governance at the University of Salamanca. This research, based on a queer theoretical-epistemological approach, seeks to analyse and bring together the Spanish and Brazilian legal overviews regarding the recognition of trans rights, in view of reconstructing policies that contemplate the demands of trans movements. The starting point for my research is a depathologising and human rights perspective. In the first part of this article, I present the content of my investigation as well as its delimitation, object and objectives. Then, I address the difficulties that arise when bringing a queer analysis closer to the study of legislation, case law and public policies – as well as the strategies that can be developed from that. Finally, I present a series of suggestions to queer the study of law; that is, how to combine research methods to encompass different objectives and favour a trans/disciplinary dialogue, as well as how to embrace existing contradictions in a critical legal investigation.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"167 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135755009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2213055
Shaimaa Abdelkarim, Farnush Ghadery, Rohini Sen, Lena Holzer
ABSTRACT This roundtable discussion focuses on the collective commitment and the praxis of a feminist collaborative ethos in international law to imagine and centre alternative futures in the field. This discussion took place as part of the virtual workshop ‘International Law Dis/Oriented: Queer Legacies, and Queer Futures Workshop’ from which this special issue emerged. In this transcript of the roundtable, Shaimaa Abdelkarim, Farnush Ghadery, and Rohini Sen discuss with Lena Holzer how turning to feminist collectivity – focused on care, collaboration, and solidarity – can help to disrupt and push against gendered, racialised, and colonial power structures embedded in academic spaces. They examine their intertwined positionalities along with various pedagogical and methodological approaches to determine the functions of critical feminist and queer thoughts in international law. Inculcating a praxis of feminist collaborative ethos in the scholarship and teaching of international law, they hope to present a challenge to the artificial individualisation of the profession and its increasing neoliberalisation.
{"title":"A Roundtable Conversation: Feminist Collaborative Ethos in International Law","authors":"Shaimaa Abdelkarim, Farnush Ghadery, Rohini Sen, Lena Holzer","doi":"10.1080/13200968.2023.2213055","DOIUrl":"https://doi.org/10.1080/13200968.2023.2213055","url":null,"abstract":"ABSTRACT This roundtable discussion focuses on the collective commitment and the praxis of a feminist collaborative ethos in international law to imagine and centre alternative futures in the field. This discussion took place as part of the virtual workshop ‘International Law Dis/Oriented: Queer Legacies, and Queer Futures Workshop’ from which this special issue emerged. In this transcript of the roundtable, Shaimaa Abdelkarim, Farnush Ghadery, and Rohini Sen discuss with Lena Holzer how turning to feminist collectivity – focused on care, collaboration, and solidarity – can help to disrupt and push against gendered, racialised, and colonial power structures embedded in academic spaces. They examine their intertwined positionalities along with various pedagogical and methodological approaches to determine the functions of critical feminist and queer thoughts in international law. Inculcating a praxis of feminist collaborative ethos in the scholarship and teaching of international law, they hope to present a challenge to the artificial individualisation of the profession and its increasing neoliberalisation.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"123 - 139"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43216353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/13200968.2023.2188690
O. Mazel
ABSTRACT Queer theory’s obligations to critique and problematise the mechanisms of power and discourse, especially law, remain important for revealing, unsettling and destabilising established sexual and gender norms. However, as Eve Kosofsky Sedgwick argues, the emphasis on paranoid or critical practices in queer theorising must be counterbalanced by recognising the queer methods of repair evident in the way LGBTQIA+ people engage with systems of oppression in empowering and transformative ways. 1 , 2 In this paper, I draw on the methodological tools that Sedgwick provides to examine LGBTQIA+ engagements with international law in terms of their creative, generative and sustaining capacities. Focusing on the experiences of two Australian LGBTQIA+ activists, Rodney Croome and Dianne Otto and the objects they brought to the interviews I did with them, I highlight the queer sensibilities, or queer reparative practices, operating in and through their commitments to law. In doing so, I expand the registers through which to conceptualise queer theory in relation to law and instantiate the queer jurisprudential work occurring in international law.
{"title":"The Texture of ‘Lives Lived with Law:’ Methods for Queering International Law","authors":"O. Mazel","doi":"10.1080/13200968.2023.2188690","DOIUrl":"https://doi.org/10.1080/13200968.2023.2188690","url":null,"abstract":"ABSTRACT Queer theory’s obligations to critique and problematise the mechanisms of power and discourse, especially law, remain important for revealing, unsettling and destabilising established sexual and gender norms. However, as Eve Kosofsky Sedgwick argues, the emphasis on paranoid or critical practices in queer theorising must be counterbalanced by recognising the queer methods of repair evident in the way LGBTQIA+ people engage with systems of oppression in empowering and transformative ways. 1 , 2 In this paper, I draw on the methodological tools that Sedgwick provides to examine LGBTQIA+ engagements with international law in terms of their creative, generative and sustaining capacities. Focusing on the experiences of two Australian LGBTQIA+ activists, Rodney Croome and Dianne Otto and the objects they brought to the interviews I did with them, I highlight the queer sensibilities, or queer reparative practices, operating in and through their commitments to law. In doing so, I expand the registers through which to conceptualise queer theory in relation to law and instantiate the queer jurisprudential work occurring in international law.","PeriodicalId":43532,"journal":{"name":"Australian Feminist Law Journal","volume":"49 1","pages":"71 - 98"},"PeriodicalIF":0.5,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47696817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/13200968.2022.2153490
Elif Ceylan Özsoy
ABSTRACT Feminists working in the law may experience tension between mainstreaming feminist ideas to make the everyday life of women better and maintaining a critical feminist method of law-making. Some (including myself) might at times feel pessimistic for the present, and future of, critical approaches to law. Mainstreaming feminist demands can be a powerful and effective method, potentially monopolising feminist engagements with law. In this article, I take this concern seriously by exploring the hope and possibility of an improvised coalition between mainstream and critical feminist approaches. To show this, I use the jurisprudence of the European Court of Human Rights, specifically its finding that gender-based violence constitutes a form of torture, as a methodical example of law-making. The result of this is an identification of an imitative space in which critical feminist law-making could maintain its possibility. I argue that the imitation embedded in both mainstream and critical feminist approaches to law, and the Court’s autopoietic method, could create this imitative space to safeguard feminist critical engagements with law. My analysis shows how feminist demands, mainstream or critical, carry the potential to activate an imitative space, where subversion becomes a possibility.
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