Feminist Legal Studies最新文献

At the core of this paper is a critique of labour law’s engagement with menopausal workers in the UK. The critique is framed by an overarching discussion of the coping strategies adopted when lived realities of menopausal workers disrupt traditional organisational cultures, especially its manifestation in the ‘ideal worker’ norm. At the core of the paper is an argument that the legal treatment of menopausal workers is failing to encourage effective management of menopause / workplace tensions and, as a result, validates the promotion of this problematic ‘ideal worker’ norm within organisational cultures. Effective labour laws could however better support menopausal workers: labour laws could encourage long term individual and organisational resilience by adopting more effective anti-discrimination and dismissal protections and more strongly centring negotiation as a realistic strategy for menopausal workers and employers when navigating any tensions that arise.

Travis Alabanza is a Black British transfeminine author and playwright, best known for their play Burgerz and their memoir None of the Above. This article places these works in conversation with the politics of radical transfeminism, a community-centred ethos which places above all the needs of marginalised transfeminine people, as they pertain to law and society. It engages themes of identity, violence, and legal regulation, and argues for a liberatory approach to trans life which does not depend on legal recognition for its legitimacy. It also discusses how radical transfeminism approaches intersectional forms of discrimination such as transmisogynoir by positing a different approach to legal and social structures.

This article explores the limitations of criminal legal responses to gender-based violence in Australia, specifically sexual assault law reforms and the criminalisation of coercive control. We demonstrate that carceral horizons deployed to address gender-based violence cause further harm to survivors and overshadow diverse perceptions and practices of justice. We suggest that such an approach is inappropriate and dangerous in the Australian context, given the historical and enduring harms of colonisation and the extent to which the actors within and the structure of the criminal legal system perpetrate violence towards Indigenous survivors of gender-based violence. Drawing on insights from research on survivors’ justice needs, survivors’ experiences in the criminal legal system, and abolitionist, transformative, and Indigenous scholarship, we discuss the potential for alternative ways of conceptualising justice responses in the Australian context that move beyond and avoid further perpetuating the harms arising from criminal legal responses to gender-based violence.

The UK’s Equality legislation prohibits formal segregation with limited exemptions. Single-sex schools are one such exemption. No rationale for this was provided at the time of the legislation, and it was not until 2017 in the case of Al Hijrah that the question arose of whether and when sex-segregation in schools is lawful. We take up this question, reviewing the equality costs and benefits of sex-segregated schools conceptually and empirically. We highlight the incoherence of equality law regarding schools, and the limited evidence of their benefits. Drawing on feminist theory, we recommend improvements that may be useful in future cases where sex-segregation is contested in the context of faith-based schools. Lastly, we note that these legal questions may one day be challenged by a deeper source of instability if there is a breakdown in the binary sex categories on which sex-segregation in schools currently depends.

Central and Eastern European countries (CEE), compared to common law countries but also other civil law countries of Europe, are known for a strikingly high representation of women within judiciaries. This, however, does not mean that equality has been achieved, as women judges do not reach leadership positions at the same rate as their male peers. Taking the Czech Republic as a case study, this contribution explores the barriers women judges face within a CEE judiciary and analyses their reflections on their positions. The interviews with women judges show that while they are well aware of what is holding them back, most of them do not perceive the structurally unequal position of men and women in Czech society and in the judiciary as a problem and accept the consequences as being part of women's destiny. This means that the system currently lacks bottom-up incentives and pressure for change.

This article will enhance and complicate existing debates on the #metoo movements internationally and in India. This will be done by focusing in particular on the feminist debates and responses to LoSHA (List of Sexual Harassers in Academia) in India, an online list naming alleged sexual harassers from academia. This was first released in the public domain in October 2017 and caused much division and strife within feminist movements, including intergenerational conflict. The article will address the underexplored role of emotions in the #metoo movement in India, and attempt to theorise this more widely in the context of ‘justice work’, particularly in the context of epistemic and procedural (in)justice models. It will address how different forms of feminist resistance can be and should be conceptualised within a general context of epistemic injustice.