LAW AND GENDER IN MODERN IRELAND critique and reform;critique and reform

Présentation de l'éditeur : "Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland." Acknowledgements Contents Table of Cases Table of Statutes List of Contributors Introduction I. Overview II. Structure III. Themes PART I: GENDER AND THE CRIMINAL LAW 1. Sexual Offences Law in Ireland: Countering Gendered Stereotypes in Adjudications of Consent in Rape Trials I. Introduction II. Rape Myths and Realities: The Attitude Problem in Rape Trials III. Defining Consent: The Criminal Law (Sexual Offences) Act 2017 IV. Unfinished Business: The Honest Belief Defence V. Beyond Legislative Reform: Extra-Legal Initiatives to Tackle Rape Stereotypes in the Courtroom and Beyond VI. Conclusion 2. Prostitution Law I. Introduction II. Historical Development of Irish Prostitution Law III. The Criminal Law (Sexual Offences) Act 1993 IV. The 2017 Reform V. Context for the 2017 Law Reform VI. Conclusion 3. Gender, Prostitution and Trafficking for Sexual Exploitation I. Introduction II. Trafficking for Sexual Exploitation: The Global and European Context III. International Response IV. An Ill-Informed Legal Approach V. An Inoperable Law VI. Failure to Recognise the Intersection of Gender, Migration, Prostitution and Trafficking for Sexual Exploitation VII. The Wider Implications VIII. Conclusion 4. Abortion Law in Ireland: Reflecting on Reform I. Introduction II. A New Constitutional Landscape III. Political Change towards Constitutional Reform IV. A New Legislative Landscape V. Conclusion PART II: FAMILY AND RELATIONSHIPS 5. Mapping a Transformed Landscape: Sexual Orientation and the Law in Ireland I. Introduction II. Criminal Laws and the Path to Decriminalisation III. Equality and Non-discrimination IV. Relationship Recognition: Civil Partnership V. The Path to Equal Marriage VI. Unfinished Business? 6. Law and Parental Rights I. Introduction II. Guardianship under Irish Law - Prima Facie Gender Discrimination III. Judicial Unease with Early Legislative Innovation IV. An Alignment of Judicial Attitudes and Legislative Policy Concerning Guardianship? V. Guardianship in the Courts Today: Beyond Gender, Biology and Relationship Status VI. Reform of the Law on Guardianship VII. Gender, Custody and Access VIII. Guardianship, Custody and Access and Article 42A IX. Conclusion 7. Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia I. Introduction II. Legal Regulation of Surrogacy in Ireland III. Reform: The Proposed Surrogacy Legislation IV. Cross-border Surrogacy and the European Convention on Human Rights V. Conclusion 8. Domestic Violence Law I. Introduction II. The Prevalence and Gendered Nature of Domestic and Relationship Violence III. Historical Reluctance of the Irish State to Intervene in Family Life IV. The 'Deserving' Victim - Who is Eligible to Apply? V. Domestic Violence Assault as a Criminal Offence: A Fundamental Flaw in the Irish Approach VI. The Istanbul Convention - Impetus for Domestic Change VII. Conclusion 9. The Gendered Properties of Marriage Breakdown I. Introduction II. Substantive Law on Marriage and Property III. Gender Considerations in Property Division IV. Potential for Reform V. Conclusion 10. Hidden in Plain Sight? Gender in the Irish Financial Crisis I. Introduction II. Sexually Transmitted Debt: The Concept III. Developing a Judicial Response IV. Sexually Transmitted Debt in the Case Law of the Irish Crisis V. Understanding the Nature of Sexually Transmitted Debt VI. Judicial Responses to Gender Narratives VII. Moving Forward: Gender-neutrality or Gender-specificity? VIII. Conclusion 11. Gender Identity, Intersex and Law in Ireland I. Introduction II. The Foy Cases III. Following Foy: The Route to Regulation of Recognition IV. Provisions of the Legislation V. Critiques of the Act VI. General Operation of the Act VII. Young People VIII. Non-Binary People IX. Intersex X. Irish Citizens Whose Births are Registered in Northern Ireland XI. Conclusion PART III - LAW IN A CHANGING SOCIETY 12. Gender and the Irish Constitution: Article 41..2, Symbolism and the Limitations of the Courts' Approach to Substantive Gender Inequality I. Introduction II. Constitutional Symbolism and Women in the Home III. The Courts’ Approach to Women in the Home: Resistance to Attempts to Address Substantive Inequality IV. Limited Expectations for Gender-neutral Constitutional Recognition of Caring V. Conclusion 13. 'Doing Gender' and Irish Employment Law I. Introduction II. 'Doing Gender' III. Historical Background to Gender in Irish Employment Law IV. The Concept of Gender in the Employment Equality Acts 1998–2015 V. The Response of Irish Equality Law to Socialised Gender Norms VI. Doing Gender and Protective Leave VII. The Effects of Doing Gender on Participation in the Labour Force VIII. Conclusion 14. Gender and Asylum Law I. Introduction II. Theoretical Framework Related to Gender and Asylum Law III. Legal Framework Related to Gender and Asylum Law in Ireland IV. Jurisprudence of the Irish Courts on Gender and Asylum Law V. Conclusion 15. Redressing Gendered Mistreatment: Magdalene Laundries, Symphysiotomy and Mother and Baby Homes I. Introduction II. Elements of Irish Historical Abuse against Women III. From Crises to Process: The Dynamics of Investigating Historical Abuse IV. Magdalene Laundries V. Symphysiotomy VI. Mother and Baby Homes VII. Conclusion 16. Gender and Politics I. Introduction II. Gender and Politics III. Women in Politics in Ireland: An Overview IV. Candidate Selection for General Elections in Ireland V. Why Legislative Gender Quotas? VI. Critiques and Challenges VII. Impact of Legislative Gender Quotas VIII. Monitoring Progress IX. Conclusion 17. Women in Law I. Introduction II. The Situation in 1993 III. The Situation in 2003 IV. The Situation in 2016 V. Women Judges VI. Representation of Women on Professional Governing Bodies VII. Retaining Women in the Legal Profession VIII. Conclusion 18. Conclusions and Analysis I. Introduction II. Activism and Cultural Change III. Consent and Agency IV. Recognising Gender V. Gender and Nation-Building VI. International Law VII. Intersectionality VIII. Limitations of the Law IX. Conclusion Index Présentation de l'éditeur : "Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland." "Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints, such as abortion and prostitution/sex work, remain, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. The edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland"-- Provided by publisher "This is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades, and it could hardly have come at a more opportune moment. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the 8th Amendment), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints, such as abortion and prostitution/sex work, remain, new questions have emerged, including surrogacy and the gendered experience of asylum frameworks. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, it also invokes critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges"---Bloomsbury Publishing.