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Archive for the ‘same-sex marriage & civil partnership’ Category

IB imageSnapshots of law, gender and sexuality news from the past couple of weeks.

The Debate on whether Women should be able to Freely Breastfeed in the UK

Chelsea Seals, University of Manchester

There has been uproar this December as a woman, Louise Burns, was asked to cover herself up with a napkin whilst breastfeeding in Claridge’s, London.  A group of 25 mothers stood outside the five star hotel and breastfed in protest what they consider to be outrageous and ‘embarrassing’ behaviour by Claridge’s.  The group ‘Free to Feed’ organised the demonstration. This is group who believe that women should have the right to breastfeed their child wherever, and whenever it is necessary. Emily Slough, the founder of the Free to Feed organisation started up the movement after she was called a ‘tramp’ for breastfeeding her chid in public. She made the comments ‘We are here to show Claridge’s they are not above the law. But they have said nothing to us, they are pretending we’re not here’. Slough continued, ‘Every time something like this happens, many women are put off for life from breastfeeding. We’re here to challenge that stigma and show women it’s normal and natural’. Claridge’s responded to this by saying that they support breastfeeding, however they would prefer it was done discretely.

The Claridge’s debacle has raised the debate once again as to whether it is appropriate for women to breastfeed in public. Nigel Farage of UKIP commented that women should sit in corners to avoid offending people. However, while the display of breastfeeding is usually discreet in most cases anyway, when celebrities such as Rhianna and Miley Cyrus expose their breasts in public for ‘fashion’ or publicity reasons there is no outcry or offended people. (more…)

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Kate FitzGibbonKate Fitz-Gibbon

In October 2010 the British government abolished the controversial partial defence of provocation and simultaneously introduced a new partial defence of loss of control. Provocation had long caused controversy in the English courts because of its perceived inability to accommodate the experiences of women who killed a long-term abusive male partner while all too readily accommodating the unmeritorious contexts within which jealous and controlling men killed female partners who were leaving them or had allegedly committed infidelity.

The new partial defence of loss of control was introduced as part of the Coroners and Justice Act 2009 and retains many of the features of the former provocation defence, including the requirement for there to have been a loss of control. However, notably in an attempt to distance the English law of homicide from the injustices associated with provocation, the new loss of control defence includes a provision to exclude the defence from reducing murder to manslaughter in cases where a person’s loss of control resulted from a situation of sexual infidelity. At the time of implementation, the Ministry of Justice commented that:

‘The Government does not accept that sexual infidelity should ever provide the basis for a partial defence to murder’.

The new partial defence has now been in operation in England and Wales for nearly four years, begging the question: to what extent has the new offence allowed the English law of homicide to distance itself from the problems previously associated with the heavily discredited provocation defence?

(more…)

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