Author: David B. Cruz
Publisher:
ISBN: 9781531015879
Category :
Languages : en
Pages : 1286
Book Description
Gender Identity and the Law
Author: David B. Cruz
Publisher:
ISBN: 9781531015879
Category :
Languages : en
Pages : 1286
Book Description
Publisher:
ISBN: 9781531015879
Category :
Languages : en
Pages : 1286
Book Description
The Cambridge Handbook of New Human Rights
Author: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 954
Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 954
Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Research Handbook on Gender, Sexuality and the Law
Author: Chris Ashford
Publisher: Edward Elgar Publishing
ISBN: 178811115X
Category : Law
Languages : en
Pages : 547
Book Description
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
Publisher: Edward Elgar Publishing
ISBN: 178811115X
Category : Law
Languages : en
Pages : 547
Book Description
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
The Legal Status of Transsexual and Transgender Persons
Author: Jens M. Scherpe
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681962
Category : Law
Languages : en
Pages : 550
Book Description
The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681962
Category : Law
Languages : en
Pages : 550
Book Description
The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Normal Life
Author: Dean Spade
Publisher: Duke University Press
ISBN: 082237479X
Category : Social Science
Languages : en
Pages : 194
Book Description
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Publisher: Duke University Press
ISBN: 082237479X
Category : Social Science
Languages : en
Pages : 194
Book Description
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Women, Business and the Law 2020
Author: World Bank
Publisher: World Bank Publications
ISBN: 146481533X
Category : Law
Languages : en
Pages : 223
Book Description
Women, Business and the Law 2020, the sixth edition in a series, analyzes laws and regulations affecting women's economic inclusion in 190 economies. The Women, Business and the Law Index, composed by eight indicators structured around women's interactions with the law as they begin, progress through and end their careers, aligns different areas of the law with the economic decisions women make at various stages of their lives. The indicators are: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension.The report updates all indicators as of September 1, 2019, and builds evidence around the linkages between legal gender equality and women's economic inclusion. By examining the economic decisions women make as they go through different stages of their working lives and the pace of reforms over the past 2 years, Women, Business and the Law makes an important contribution to research and policy discussions about the state of women's economic opportunities and empowerment. While celebrating the progress made, the data and analysis emphasize the work still to be done to ensure economic empowerment for all.
Publisher: World Bank Publications
ISBN: 146481533X
Category : Law
Languages : en
Pages : 223
Book Description
Women, Business and the Law 2020, the sixth edition in a series, analyzes laws and regulations affecting women's economic inclusion in 190 economies. The Women, Business and the Law Index, composed by eight indicators structured around women's interactions with the law as they begin, progress through and end their careers, aligns different areas of the law with the economic decisions women make at various stages of their lives. The indicators are: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension.The report updates all indicators as of September 1, 2019, and builds evidence around the linkages between legal gender equality and women's economic inclusion. By examining the economic decisions women make as they go through different stages of their working lives and the pace of reforms over the past 2 years, Women, Business and the Law makes an important contribution to research and policy discussions about the state of women's economic opportunities and empowerment. While celebrating the progress made, the data and analysis emphasize the work still to be done to ensure economic empowerment for all.
Understanding the Well-Being of LGBTQI+ Populations
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309680816
Category : Social Science
Languages : en
Pages : 437
Book Description
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Publisher: National Academies Press
ISBN: 0309680816
Category : Social Science
Languages : en
Pages : 437
Book Description
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Gender in Refugee Law
Author: Efrat Arbel
Publisher: Routledge
ISBN: 1135038112
Category : Law
Languages : en
Pages : 307
Book Description
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
Publisher: Routledge
ISBN: 1135038112
Category : Law
Languages : en
Pages : 307
Book Description
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.
Transgender Rights
Author: Paisley Currah
Publisher: U of Minnesota Press
ISBN: 9780816643127
Category : Social Science
Languages : en
Pages : 396
Book Description
"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
Publisher: U of Minnesota Press
ISBN: 9780816643127
Category : Social Science
Languages : en
Pages : 396
Book Description
"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
The Legal Status of Intersex Persons
Author: Jens M. Scherpe
Publisher:
ISBN: 9781780684758
Category : Intersex people
Languages : en
Pages : 300
Book Description
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]
Publisher:
ISBN: 9781780684758
Category : Intersex people
Languages : en
Pages : 300
Book Description
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]