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Gender, Sexuality, and the Law

Edited by: Debra L. DeLaet, Renee Ann Cramer

ISBN13: 9780367219239
Published: April 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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This book examines the role of law as a tool for advancing women’s rights and gender equity in local, national, and global contexts.

Many feminist scholars note a marked failure of law to achieve goals connected to women’s rights and gender equality. Despite its limitations, law provides aspirational norms that can be mobilized to hold institutions accountable and to provide material benefit to those excluded from systems of power. In conversation with each other, the chapters in this book help to advance understanding of both the limitations and the potential of law as a tool for advancing democratic participation, rights, and justice around issues related to gender and sexuality. Contributors acknowledge, to varying degrees, that law has important symbolism and may be used as a lever to mobilize change. At the same time, some offer cautionary notes about the potential downside risks and unintended consequences of relying upon law in pursuit of women’s rights and gender equity.

Collectively, the chapters in this book explore the disjuncture between the promise and expectation of legal reform and the lived experience of those laws by people intended as the beneficiaries of legal change. This book was originally published as a special issue of Global Discourse.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction: Gender, Sexuality, and the Law
Debra L. DeLaet and Renée A. Cramer
1. Lost in Legation: the Gap Between Rhetoric and Reality in International Human Rights Law Governing Women’s Rights
Debra L. DeLaet
2. What’s at Stake in the Treaty Reporting Process? Cuba and the United Nations’ Convention on Women’s Rights
Lisa Baldez
3. Gender Politics and Geopolitics of International Criminal Law in Uganda
Annie Bunting
4. Spaces of International Gender Justice: A Reply to Baldez and DeLaet
Annie Bunting
5. Tacking Between the Global and the Local: A Reply to DeLaet and Bunting
Lisa Baldez
6. What’s Law Got to Do with It?: A Reply to Baldez and Bunting
Debra L. DeLaet
7. Attempting International Normative Change in Gender and the Law: A Reply to DeLaet, Baldez, and Bunting
Darby Matt
8. ‘The Stigma of Western words’: Asylum Law, Transgender Identity and Sexual Orientation in South Africa
B Camminga
9. Gender, Sexuality, and the Right to a Non-Projected Future: a Reply to Camminga
Elizabeth Mills
10. Gender, Sexuality and the Limits of the Law
Elizabeth Mills
11. Wo/andering about Walls: A Reply to Elizabeth Mills
B Camminga
12. The Problem of Visibility in LGBT Human Rights: A Reply to Camminga and Mills
Phoebe Clark
13. The Limits of Law in Securing Reproductive Freedoms: Midwife-Assisted Homebirth in the United States
Renée Ann Cramer
14. Mothers Do Not Make Good Workers: The Role of Work/Life Balance Policies in Reinforcing Gendered Stereotypes
Sarah Cote Hampson
15. Embedded Exclusions: Exploring Gender Equality in Peru’s Participatory Democratic Framework
Stephanie McNulty
16. Gender, the Workplace and the Limits of the Law: A Reply to Cramer and Cote Hampson
Stephanie McNulty
17. Law’s Promises and its Limits: A Reply to Cramer and McNulty
Sarah Cote Hampson
18. Process is Insufficient: A Reply to Hampson and McNulty
Renée Ann Cramer
19. Policymaking for Gender Equality: A Reply to Cramer, Cote Hampson, and McNulty
Sara Feldman, Debra L. DeLaet and Renée A. Cramer