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This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities - for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, amoung others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world - including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
This book provides compelling evidence from 42 Sub-Saharan African countries that gender gaps in legal capacity and property rights need to be addressed in terms of substance, enforcement, awareness, and access if economic opportunities for women in Sub-Saharan Africa are to continue to expand.
This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.
"This study of ahliyya (legal capacity), illustrates how femaleness features as a category of law and further how sex difference determines the legal capacities of women. It originates in concerns for equality in South African debates on state recognition of Muslim marriage. Theoretically and methodologically, it is located in the interdisciplinary space of feminist studies and Islamic law, draws on feminist theories of sex difference and employs feminist methods of reading texts to theorise the differential treatment of women in classical and contemporary legal theory (uṣūl al-fiqh) and positive law (furū' al-fiqh). Reading classical legal theory texts taught in a Ḥanafī madrasas and contemporary adaptations of classical law I make apparent the 'imaginary configurations', 'metaphoric networks' and points of tension through which the texts convey ideas about the woman of Islamic law.In the complex formulation of the female legal subject I find that classical Ḥanafī legal theory does not explicitly distinguish female legal capacity from male legal capacity; femaleness does not feature amongst the nineteen impediments to legal capacity. Nonetheless classical legal theory and positive law both distinguish between male and female legal subjects. The challenge in studying legal capacity and sex difference is to ponder the intersection of these two paradigms, the theoretical non-distinction of women's legal capacity from other forms of legal capacity and the distinctions between men and women in positive law generally. I find that the normative legal subject of the historical law is a free, adult, male yet, unlike the enslaved male and the infant or minor male, the female legal subject is not similarly distinguished by virtue of a differentiated category of legal capacity; gender is not a distinguishing legal category of the theoretical legal subject. Implicitly, however, in the classical legal text social norms come to work as natural conditions that attach to ideas of femaleness. Accordingly, it is incorrect to assume the absence of a distinctive category results in the absence of distinctive legal subjectivity for women. Rather distinctive legal capacity does not necessarily arise from a distinct category of legal incapacity. Instead, the law locates bodies in a matrix of other social categories, viz. reason, age, social class, life experience and marital status, so as to disrupt the symmetry of biology and sex differentiated legal capacity. It relies instead on a discursive construction of femaleness that formulates uneven legal capacities for women. The social facts that attach to women's bodies inform us of the ideological system that produces the female subject of the legal text. Contemporary legal theory, contrary to its classical precursor, either imposes severe restrictions upon women as legal subjects or pretends to the absence of distinction between female and male legal subjects. The pretense denies the differential treatment of women in the law while the restrictions result in a category of 'imperfect legal capacity' for women. Further, comparing classical and contemporary approaches, the former frames a distinct but discursive female legal subject, multiply and situationally constituted. However, both historical and modern approaches occlude the obvious impediment to legal capacity that marriage effects on female legal subjects, notably limitations on a wife's legal capacities within the marriage and the marital authority of husbands to manage the sociality, mobility, and spirituality of wives, ownership of the marital bond being a uniquely male legal capacity. Finally, contemporary legal theory frames inflexible determinates of female legal subjectivity and eventually produces essentialist and existential understandings of women. This illustrates the modern representation of women's legal capacity as not merely a modern manifestation of historical legal thought, but indeed modern in its origin and formation." --
Author : World Bank Group Publisher : World Bank Publications Page : 215 pages File Size : 29,95 MB Release : 2020-04-24 Category : Law ISBN : 146481533X
The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]
Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.