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In 2017 an all-male nine-judge bench of the Indian Supreme Court delivered the landmark Justice K.S. Puttaswamy & Ors v. Union of India judgment on privacy. In this book, the authors look at the embodiment of privacy in the judgment to examine the ways in which the bench articulated the question of gender. They argue that while Puttaswamy has been central in clarifying the extent of (and extensions to) the right to privacy as a fundamental right, the discourse on this has long existed in India — in various gendered social movements, policy-making around women’s rights, feminist historiography, and discourses on the family, sexual rights, autonomy and choice (in and outside courts), dignity, and critiques of surveillance — and provides an important context within which the judgment becomes especially relevant. The authors unpack the underlying logics of the right to privacy within the default prism of the notional identity of the normative household and offer an entry point to re-read existing jurisprudence on rape, sexual assault, sexual harassment, atrocity, and sexual violence and humiliation under conditions of mass violence. They suggest a springboard for the possibility of theorizing personhood within the right to privacy, arguing that while the judgment sets up radical precedent on the questions of sexual minorities, it remains trapped in a reductionist reading of the female body within heteronormativity.
Patricia Boling investigates the implications of privacy for feminist theory and legal philosophy, examining issues rooted in intimate life which have broad public impact. She draws on Hannah Arendt's work and ordinary language analysis to identify confusions in the way we think about public and private. She then uses the insights she has developed to illuminate issues in contemporary politics, such as the problem of transforming private identities into political ones in the ?outing? of lesbians and gay men. Another such issue is the relevance of the private experience of nurturing small children to the political activity of the citizen. Evenly divided between theoretical and issue-oriented discussion, this book makes clear the practical stakes in both the distinction and the connection between private and public. Boling considers how to translate private experience into public claims with regard to such contentious issues as shared parenting, abortion funding, fetal abuse, sodomy laws, and parental consent for minors seeking abortions. She also analyzes the application of privacy in landmark legal cases including Roe v. Wade, Bowers v. Hardwick, and Planned Parenthood v. Casey.
What are the factors that shape domestic violence policy change and how are variable gendered meanings produced in these policies? How and when can feminists influence policy making? What conditions and policy mechanisms lead to progressive change and which ones block it or lead to reversal? The Gender Politics of Domestic Violence analyzes the emergence of gender equality sensitive domestic violence policy reforms in Central and Eastern Europe (CEE). Tracing policy developments in Eastern Europe from the beginning of 2000s, when domestic violence first emerged on policy agendas, until 2015, Andrea Krizsán and Conny Roggeband look into the contestation that takes place between women’s movements, states and actors opposing gender equality to explain the differences in gender equality sensitive policy outputs across the region. They point to regionally specific patterns of feminist engagement with the state in which coalition-building between women’s organizations and establishing alliances with different state actors were critical for achieving gendered policy progress. In addition, they demonstrate how discursive contexts shaped by democratization frames and opposition to gender equality, led to differences in the politicization of gender equality, making gender friendly reforms more feasible in some countries than others.
Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
This book examines the gender justice design features of the Rome Statute (the foundation of the International Criminal Court), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges.
Exploring the unintentional production of seemingly feminist outcomes In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms—gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories—afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, “accidental” developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.
Feminism and the Politics of Childhood offers an innovative and critical exploration of perceived commonalities and conflicts between women and children and, more broadly, between various forms of feminism and the politics of childhood. This unique collection of 18 chapters brings into dialogue authors from a range of geographical contexts, social science disciplines, activist organisations, and theoretical perspectives. The wide variety of subjects include refugee camps, care labour, domestic violence and childcare and education. Chapter authors focus on local contexts as well as their global interconnections, and draw on diverse theoretical traditions such as poststructuralism, psychoanalysis, posthumanism, postcolonialism, political economy, and the ethics of care. Together the contributions offer new ways to conceptualise relations between women and children, and to address injustices faced by both groups. Praise for Feminism and the Politics of Childhood: Friends or Foes? ‘This book is genuinely ground-breaking.’ ‒ Val Gillies, University of Westminster ‘Feminism and the Politics of Childhood: Friends or Foes? asks an impossible question, and then casts prismatic light on all corners of its impossibility.’ ‒ Cindi Katz, CUNY ‘This provocative and stimulating publication comes not a day too soon.’ ‒ Gerison Lansdown, Child to Child ‘A smart, innovative, and provocative book.’ ‒ Chandra Talpade Mohanty, Syracuse University ‘This volume raises and addresses issues so pressing that it is surprising they are not already at the heart of scholarship.’ ‒ Ann Phoenix, UCL