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Royal Bank of Scotland plc v. Etridge (No. 2) (2001) 4 All E.R. 449
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2003
- Magazine Number
- 1
- Creator
- Morris, Debra
- Thesaurus
- gelijke behandeling, organisaties
- Description
- This decision concerns the familiar scenario of a wife jointly mortgaging the family home in order to secure financial support for a business run by her husband.
gender mainstreaming and collective bargaining in Italy
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2008
- Magazine Number
- 2
- Creator
- Velluti, Samantha
- Thesaurus
- arbeidsovereenkomsten, arbeidsomstandigheden, gender mainstreaming, wetgeving, gelijke behandeling, Italië
- Description
- This article examines whether a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, it looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work.
the House of Lords in White v. White [2000] 2 FLR 981
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2001
- Magazine Number
- 2
- Creator
- Diduck, A.
- Thesaurus
- echtscheidingen, discriminatie, gelijke behandeling
- Description
- In the recent UK decision of White v. White, the House of Lords clarified the law to be applied in applications under s. 25 of the Matrimonial Causes Act 1973. It confirmed that the overriding goal of the court in such cases was to achieve fairness, but, crucially, it articulated a view of fairness which took equality and non-discrimination as starting points. On this view, the court challenged historically gendered assumptions of fairness, contribution to the family welfare, and the value of different kinds of work. While the decision has far-reaching potential to achieve a form of substantive equality for women in cases of divorce, there is a danger that it may be confined to those cases, and issues of family finances will continue to appear unrelated to broader state policies.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2002
- Magazine Number
- 2
- Creator
- Kay, F.M.
- Creator
- Brockman, J.
- Thesaurus
- rechtspraak, gelijke behandeling, seksisme, juridische beroepen, Canada
- Description
- In this paper the authors trace the historical exclusion of women from profession in Canada. They examine women's efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and subtler forms of discrimination and exclusion.
the housing association, the judges, the tenant and his lover : Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991: [1998] 1 F.L.R. 6 (C.A.): [1999] 4 All E.R. 705 (H.L.)
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Sandland, R.
- Description
- This note analyses the decision of the House of Lords in Fitzpatrick, which held that gay partners could fall within the legal definition of 'family' for some purposes. The note argues that despite the real (if overstated) benefits that this case bestows on gay partners in the form of legal rights, under analysis, the decision self-deconstructs to reveal that it is grounded on the principle of discrimination on the basis of sexuality. However, it is also suggested that the encounter between discursive legal reasoning (underpinned by normative heterosexuality), and a version of the family which is 'other' to this discourse, is one which leaves its mark on law, as the potential undermining or deconstruction of law's normative assumptions. The note further argues that although this decision is properly seen as a moment in the struggle for gay rights, it also serves as a reminder that the fortunes of critical theories and political movements that seek to challenge the legal paradigm of the white, heterosexual male are inextricably linked. Fitzpatrick, whatever else it is, is also an object lesson in the debt that current campaigns for gay legal rights owe to feminist critiques of, and campaigns that have successfully challenged, the role of this norm in legal discourse.
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2008
- Magazine Number
- 2
- Creator
- Corrin, Jennifer
- Thesaurus
- oorlog en vrede, vredesopbouw, wetgeving, internationaal recht, gelijke behandeling, Solomoneilanden
- Description
- This article focuses on women and peace-building in Solomon Islands and the effect of law, theory and practical circumstances on their role. It examines the place of Solomon Islands women in society historically, with particular reference to war and peace: their current status from a legal perspective, looking at the existing Constitution, the proposed Federal Constitution and relevant aspects of international law: whether gender equity provisions are sufficient to promote participation at a practical level. The article discusses the effectiveness of international, regional and local initiatives, designed to enhance the status of women.
a comparative exploration of the possibilities for equality-enhancing reform in Bangladesh
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2008
- Magazine Number
- 3
- Creator
- Tamanna, Nowrin
- Thesaurus
- familierecht, islam, gelijke behandeling, Marokko, Tunesië, Bangladesh
- Description
- This study examines the response of Muslim societies to equality-based reforms in family law and differences in approach in initiating them.
limitations and opportunities
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2005
- Magazine Number
- 3
- Thesaurus
- gelijke behandeling, EU-richtlijnen, wetgeving, EU (eng)
- Description
- The author argues that the limited scope of application of the Directive (the first European Community instrument to implement the principle of gender equality outside the workplace),together with doubts surrounding its legal base and position within the overall gender equality framework of the Union, have undermined its potential. Nevertheless, it is suggested that for the future, should these criticisms be adequately addressed, then the Directive may provide an important platform for the wider diffusion of the gender equality principle beyond the sphere of European employment law.
A Feminist Perspective On The Law of Sexual Harassment in the Workplace in the Light of the Equal Treatment Amendment Directive
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 2004
- Magazine Number
- 2
- Creator
- Samuels, Harriet
- Thesaurus
- seksuele intimidatie, arbeidsomstandigheden, gelijke behandeling, wetgeving, Verenigd Koninkrijk
- Description
- The author considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom.
what does 'equal' mean?
- Categories
- Article/Artikel
- Magazine Title
- Feminist Legal Studies
- Magazine Year
- 1993
- Magazine Number
- 1
- Thesaurus
- gelijke behandeling, EG-richtlijnen, rechtspraak
- Description
- Wat wordt er onder gelijke behandeling verstaan in de gelijke- behandelingsrichtlijnen en hoe interpreteert het Hof van Justitie deze grondregel? Gaat het hierbij alleen om formele gelijke behandeling of om het opheffen van de ongunstige positie van vrouwen. Dit artikel geeft een kritische analyse.