CEDAW incorporation and federalism: the role of subnational conflict for the strengthening of women’s rights through an abortion case in Argentina
The paper examines a conflict-centered subnational incorporation model of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), through the lens of an abortion case in Argentina: “Case of L.M.R.“ from the Province of Buenos Aires. This case was brought by feminist organizations to the Human Rights Committee after a 19...
From Gender Recognition to Transgender Discrimination – Addressing Essentialism and Assimilationism in the Law
How should official documents record the sex/gender of transgender people? Should transgender women be able to access female bathrooms? In the United Kingdom and the European Court of Human Rights, the law has often dealt with such issues through the lens of “gender recognition“, that is, on what criteria should the law recognise the gender...
How Different are Male and Female Judges in Australia? A Time Series Analysis
A common argument is that more women judges will make the judiciary more representative of the community it serves and thereby increase the democratic legitimacy of the courts. This argument assumes that there is something different about female judges when compared to male judges. This paper uses 15 years of demographic data to test that...
The European Parliament‘s affair with the #MeToo movement
In October, 2017, the European Parliament (EP) adopted a resolution on combating sexual harassment and abuse in the EU. This document includes, among others, a statement that the EP “welcomes initiatives such as the #MeToo movement that aim to report cases of sexual harassment and violence against women“. The paper aims to consider the following...
Trans Formations in the Worldwide War on “Gender“ Ideology
This paper will examine the long and ongoing development of what has become a worldwide war by conservative religious actors on the use of the English word “gender“ and on the embodiment in law of rights claims it is thought to encapsulize, including feminist, LGBT, and reproductive rights claims. It will highlight the central but...