Feeds:
Posts
Comments

Posts Tagged ‘feminism’

Cross posted with thanks from En-Gender

Felicity Adams, PhD Candidate, School of Law, Keele University

This summer marks 50 years since Black trans people and queer people of colour including Marsha P. Johnson, Sylvia Rivera, and Stormé DeLarverie led the Stonewall Rebellion against systemic police violence. As Bassichis, Lee, and Spade highlight:

These early freedom fighters knew all too well that the NYPD – “New York’s finest” – were the frontline threat to queer and trans survival… Stonewall was the culmination of years of domination, resentment, and upheaval in many marginalized communities coming to a new consciousness of the depth of violence committed by the government against poor people, people of color, women, and queer people”.

Their courageous and collective actions culminated in the birth of the gay and queer liberation movement and what we refer to as Pride – a month of community remembrance and celebration.

In 2020, Pride month and the Black Lives Matter movement converge. These movements are united by a shared and resurgent history: police violence. Many are challenging the legitimacy of the police in response to historic and the most recent iteration of racialized, police brutality against George Floyd. Meanwhile, some have used this moment to emulate policing logics by regulating the identities of transgender people – the vanguard of the gay and queer liberation movement. This is, as Andrea J. Ritchie describes “gender policing” – or actions that work to “produce, maintain, reify racially constructed gender norms”.

Once again, the issue of gender policing has risen to the top of public discourse, this time through recent commentaries by high-profile writers during the midst of a global pandemic, the Black Lives Matter movement, and Pride month. These recent commentaries work to monitor gender identity and govern transgender people’s lives. As such they reproduce the logics of colonialism and white supremacy because gender policing is “embedded in, operates in conjunction with, and furthers policing of race, class and nation”. (more…)

Read Full Post »

Neil Cobb and Nikki Godden-Rasul, Campus Feminisms: Engaging the University with Feminist Agendas – A Conversation with Jess Lishak, Women’s Officer, University of Manchester Students’ Union, 2014-2016 (free link to article in Feminist Legal Studies).

Neil Cobb, University of Manchester

As Shakira Martin is elected this week as the next president of the National Union of Students (NUS), it is clear that NUS has received some bad press of late.

Durham student Tom Harwood’s challenge to Malia Bouattia for the NUS presidency on an ‘anti-NUS’ platform is the latest in a line of attacks in recent years criticising the NUS for being “moribund” and unrepresentative of mainstream students’ interests and concerns.

These criticisms – levelled both within and outside the student movement – are said by the NUS’s opponents to reflect a broader disaffection among today’s students with the union’s progressive left agenda.

Much of this comment has tended to simplify the NUS’ work, as well as drawing attention away problematically from the organisation’s undoubted and significant achievements in a range of important policy areas.

For those who remain supportive of the NUS’ broad commitment to a progressive left concern for social justice there is a particular need to keep front and centre the organisation’s tangible contributions to equality and diversity concerns, including some real success stories in the sphere of feminism and women’s rights. (more…)

Read Full Post »

Alex Sharpe i10689909_1016854768344392_8793741729286128967_ns Professor of Law at Keele University.

The Conversation blog recently published an article authored by Rebecca Reilly-Cooper of Warwick University, titled: Why self-identification shouldn’t be the only thing that defines our gender.[1] They then invited me, as a Trans woman, to offer an alternative perspective. However, the Conversation were not happy to publish my article as written, because, as they put it, it takes the form of a ‘take-down.’ Instead, they encouraged me to rework the article as a stand-alone piece. To be fair, they had been clear about this from the outset. However, having read Reilly-Cooper’s article which, in my view, possesses neither of the Conversation’s cornerstones, academic rigour or journalistic flare, I  considered a ‘take-down’ to be the only appropriate response, other than, of course, simply ignoring it. Anything else, in my view, would confer legitimacy on a position I consider to be both politically and ethically bereft. (more…)

Read Full Post »

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

Minister for Women Is Axing Feminism from A-Level Politics

Ella Dodd, Durham University

Nicky Morgan, education secretary and minister for women has drafted a curriculum dropping feminism from the A-level Politics syllabus. What’s more, the proposed new syllabus only features one female political thinker, Mary Wollstonecraft, heightening the ‘insulting and misguided’ actions of the Education department. This move has prompted individuals such as Jacquelyn Guderley to ask if feminism is removed from the syllabus, ‘how can we learn from them and progress? How can we be thankful but hungry for more?’

Perhaps the drafters of the change to the politics syllabus should read Mary Wollstonecraft’s first book, “Thoughts on the Education of Daughters”, which promotes female education and encourages mothers to teach their daughters. The removal of the feminist voice from the syllabus may mean the silencing of lessons passed down from generations before who struggled for equality.

(more…)

Read Full Post »

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

Supreme Court Decides on Fraudulent Divorce Case

Catherine Ravenscroft, Durham University

On 14th October 2015, the Supreme Court handed down judgement in the landmark case of Sharland v Sharland. This case concerned the division of assets upon divorce where one party, in this instance the husband, has fraudulently misled the court as to their future financial plans. Mr Sharland owned shares in a company which he told the Court he had no intention of selling. Mrs Sharland signed a consent order on the basis of this assertion. However, during the court hearing, it was discovered that Mr Sharland did indeed have plans to sell his shares, which would significantly affect the claim which Mrs Sharland advanced. She appealed to the Supreme Court on the basis that the consent order should be sealed. It was unanimously held that ‘fraud unravels all’ and the consent of Mrs Sharland was found to be vitiated by the fraudulent behaviour of her husband. The consent order was, thus, set aside.

The importance of this decision is to be found in its consequences. The decision of the Supreme Court has allowed Mrs Sharland to return her claim to first instance and have its value reconsidered by the courts. Although the full significance of this decision may not be felt for some time, it appears to create significant scope for the re-opening of divorce settlements on the basis of fraud. In contrast, there are also concerns that this decision may open the floodgates to couples attempting to revisit divorce agreements.

(more…)

Read Full Post »

IB imageRussia bans Trans* people from driving

Catherine Ravenscroft, Durham University

Last month Russia enacted a new law effectively banning people with certain illnesses from driving. Within the listed illnesses are those viewed as “personality and behaviour disorders”, for example transsexualism and other “disorders of sexual preference”.

The move was justified by the Russian government on the basis of a need to reduce the high rates of traffic accidents occurring each year. The country currently has some of the worst figures for road accident fatalities in the world and it is believed that stricter controls on those given the opportunity to drive will make the roads safer.

Nevertheless, the Act has received international criticism due to its potentially detrimental effects on the transgender community. Jean Freedberg, of Human Rights Campaign Global, argued that the ban is “simply another example of the Russian government’s increased campaign of persecution and discrimination against its LGBT population”. Like other critics, Freedberg fails to see the logic behind connection that the Russian government has drawn between gender identity and driver ability. As Shawn Gaylord, of US-based Human Rights First, argues, “banning people from driving based on their gender identity or expression is ridiculous”. He also expresses concerns that it could deter transgender people from seeking mental health services due to a fear of losing the right to drive.

(more…)

Read Full Post »

AUSTRALIAN FEMINIST LAW JOURNAL CALL FOR PAPERS

Interdisciplinary feminist perspectives on crimes of clerical child sexual abuse

Special Issue Volume 41.2  (December 2015)

Special Issue Editors: Kate Gleeson and Timothy Jones

Submission Deadline of April 30, 2015

This special issue addresses international interdisciplinary perspectives on different aspects of crimes of clerical child sexual abuse. Despite almost three decades of related public inquiries and high profile courts cases internationally, scholarly understandings of clerical child sexual abuse remain underdeveloped and under-theorised. Following issues raised at a 2013 Council for the Humanities, Arts and Social Sciences workshop held at LaTrobe University, on Religion and Sexual Politics in Postsecular Australia, we invite scholars from a range of disciplines including (but not limited to) law, criminology, history, gender studies, theology and psychology to submit papers engaging with the ways in which crimes of clerical child sexual abuse have been understood and responded to by law, the justice system, religious organisations, and state representatives, over time. By focusing on this critical area of legal and cultural history, we aim to shed light on questions relating to how clerical sex offenders have been understood and treated by the courts; the ways in which developing discourses of child sexual abuse influenced legal outcomes; the role of feminism in shaping understandings of clerical child sexual abuse; and the centrality of emergent survivors’ voices to revealing the contemporary global crisis in clerical child abuse. The AFLJ seeks to focus upon scholarly research using critical feminist approaches to law and justice, broadly conceived. As a critical legal journal we publish research informed by critical theory, cultural and literary theory, jurisprudential, postcolonial and psychoanalytic approaches, amongst other critical research practices. Articles are limited to 8000 words. Prospective contributors are invited to discuss any proposed submissions with an Editor. (more…)

Read Full Post »

Enright,_MaireadMáiréad Enright is a lecturer at Kent Law School and is completing a PhD at University College Cork which examines the legal treatment of questions in Muslim divorce practice in the UK and the United States from the perspective of a multiculturalist feminism. This post is cross-posted from humanrights.ie with permission and thanks.

The High Court handed down judgment in PP v. HSE today.  The Irish Times provides a useful summary here.  P., who was 15 weeks pregnant, died on December 3rd, but her body  was subjected to medical processes to ‘facilitate the continuation of maternal organ supportive measures in an attempt to attain foetal viability’ for several more weeks.  We call the experimental treatment her body received ‘somatic care’. ‘Somatic care’ seems a benign phrase, but it involved a tremendous amount of intervention designed to postpone the inevitable collapse and decay of P.’s other organs following the cessation of blood flow to her brain, thereby sustaining the pregnancy. Medical evidence given in court made clear that the eventual effects of these interventions on her appearance, and the consequent distress to her family, undermined her dignity in death. Nevertheless, doctors in both hospitals where she was treated apparently believed that the law required them to follow this unusual course of action, given that the foetus still had a heartbeat. By the time the case came to court, P.’s body was deteriorating rapidly. There was no real prospect that, even if treatment were continued, the pregnancy could be maintained until viability. Her family and partner wanted the somatic treatment discontinued, and her father applied to the court for this purpose. This morning, the  High Court exercised its inherent jurisdiction and authorised P.’s doctors to discontinue treatment, at their discretion.

(more…)

Read Full Post »

IB image

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

‘Equal Recognition’ campaign launched in Edinburgh; hope for a ‘third gender’ within the UK?

Oriana Frame, Durham University.

On the 1st of November 2014, the Equal Recognition campaign was launched in Edinburgh. The campaign, pioneered by The Scottish Transgender Alliance alongside the Equality Network, has vocalised the notion that Scotland, along with the rest of the United Kingdom, is falling behind countries such as India, Denmark, Bangladesh and Germany who have already legally recognised a ‘third’ non-binary gender.

(more…)

Read Full Post »

IB image

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

The Human Trafficking and Exploitation Bill (NI)

Sarah Thin, Durham University

On the 20th of October, the Northern Irish Assembly passed the Human Trafficking and Exploitation Bill, a controversial new law which purportedly seeks to combat human trafficking and sexual exploitation by, inter alia, criminalising the act of paying for sexual services.  It is likely to become law by mid-2015.  By targeting the buyer as opposed to the seller (a novel approach within the UK), the proposals aim to recreate the supposed success of the ‘Swedish model’, the idea behind which is to reduce demand within the sex trade thereby reducing levels of sex trafficking.

There has been heavy criticism of the proposals: a survey of sex workers has found that 98% of them oppose the proposals and 61% believe the new law would make them less safe.  Many argue that the Swedish model ‘strips women of their agency and autonomy’ by criminalising the consensual buying and selling of sex, has increased the stigmatisation of sex workers, and its success appears to have been greatly exaggerated.  While no-one would deny that human trafficking is a major problem in today’s society, claims that the majority of sex workers in Northern Ireland are victims of trafficking have been shown to be unfounded, and many believe the plans will simply force the sex trade further underground, making it even more difficult to combat the issue and provide support to victims.  These proposals, while presumably well-meaning, conflate the two separate issues of trafficking and consensual sex work and are likely to be at best ineffective, most likely very harmful.  We must hope that the new campaign for a similar law in England meets with a more considered approach. 

(more…)

Read Full Post »

Older Posts »