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1
Falcon, Paulette Yvonne Lynnette. "If the evil ever occurs : the 1873 Married Women's Property Act : law, property and gender relations in 19th century British Columbia." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/30571.
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This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient.Arts, Faculty of
History, Department of
Graduate
2
Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
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Dube, Misheck. "Widowhood and property inheritance in Zimbabwe: experiences of widows in Sikalenge ward, Binga District." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/200.
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Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
4
Hlatshwayo, Sizakele Thembisile. "The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa." Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&.
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Hinkson, Heather A. (Heather Antonia). "Canadian refugee policy : international developments and debates on the role of gender in refugee determination procedures." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23843.
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Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.
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Jones, Sarah E. "A Comparison of the Status of Widows in Eighteenth-Century England and Colonial America." Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4507/.
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This thesis compares the status of upper-class widows in England to Colonial America. The common law traditions in England established dower, which was also used in the American colonies. Dower guaranteed widows the right to one-third of the land and property of her husband. Jointure was instituted in England in 1536 and enabled men to bypass dower and settle a yearly sum on a widow. The creation of jointure was able to proliferate in England due to the cash-centered economy, but jointure never manifested itself in Colonial America because of the land centered economy. These two types of inheritance form the background for the argument that upper-class women in Colonial America had more legal and economical freedoms than their brethren in England.
7
Takami, Chieko. "Defining women as a particular social group in the Canadian refugee determination process." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31175.
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Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.
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Bates, Karine. "Les femmes et le système juridique en Inde : entre l'idéologie et les faits: analyse anthropologique de la conception des droits à travers les transactions économiques au moment du mariage." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0017/MQ47252.pdf.
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Stuntz, Jean A. "The Persistence of Castilian Law in Frontier Texas: the Legal Status of Women." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277693/.
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Castilian law developed during the Reconquest of Spain. Women received
certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando(present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier.
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Ngan, Yi-wan Prinnie, and 顔綺雲. "A study of the rights of self-determination in marriage of Chinese women and their position in the family from the late Ch'ingto the May Fourth period." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31948698.
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Ferreira, Andriette. "The legal rights of the women of ancient Egypt." Diss., [S.l. : s.n.], 2004. http://etd.unisa.ac.za/ETD-db/ETD-desc/describe?urn=etd-03112005-145236.
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Afari-Twumasi, Lucy. "Traditional and cultural practices and the rights of women : a study of widowhood practices among the Akans in Ghana." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2844.
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The study investigates the human rights violations that underlie widowhood practices in Cape Coast and Komenda in the Central Region of Ghana. Review of the relevant literature on widowhood practices suggests that widowhood practices are a global cultural phenomenon, which is not confined to Sub-Sahara Africa. A survey of relevant studies on the phenomenon suggests that there are two competing perceptions on African widowhood practices: (1) a dominant negative perspective and (2) a minor positive perspective. The dominant negative perspective, which receives overwhelming research attention, focuses only on the negative characteristics of widowhood while the minor positive perspective which receives scanty research attention, rejects the criticisms levelled against widowhood practices as being externally influenced by Christianity and Western Feminism. Various stakeholders within the Akan community were given an opportunity to retell their own versions of widowhood practices. In order to achieve this purpose, the research extracted competing narratives from all the multiple sample subgroups of the proposed study: widows; widow family heads; chiefs; widowhood ritual practitioners; elderly female supervisors of widowhood practices; an official from the Commission for Human Rights and Administrative Justice (CHRAJ); an official from the Ministry of Women and Children Affairs (MOWAC); and an official from the Domestic Violence and Victims Support Unit (DOVVSU) of Ghana. The study found out that despite legislative intervention and policy frameworks, the practice still persist among the Akan communities in Ghana. The reasons for the continued existence of such rituals are explained followed by recommendations for possible solutions.
13
Correa, Elaine. "Get out of my space! :"illusionary practices of equity"." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=36758.
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This thesis explores the experiences of Canadian academic women in terms of location, space and voice. Within this qualitative study, the spaces of and for women within the university are examined by way of women's subjective experiences of 'value' and 'being valued'. Differences in experiences between women based on age, colour, tenure and academic rank are described through the voices of thirty academic women. The study argues that the "illusionary practices of equity" operating within the university milieu, exacerbate the tensions inherent in contradictory subject locations that women occupy within academe. The struggles of representation and identity within these contested spaces raise the challenges of whose voice will have space within the privileged locations of higher learning.
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Bates, Karine. "Women's property rights and access to justice in India : a socio-legal ethnography of widowhood and inheritance practices in Maharashtra." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85883.
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In India, the Hindu Succession Rights Act of 1956 allows the widow, the daughters, alongside the sons of the deceased senior male, to claim an equal share in familial property. By giving inheritance rights to daughters and widows, and not exclusively to sons, this Act proposes a radically different organization of the ideal patrilineal household, commonly referred to as "the Hindu joint family". The Act initiates a transformation of Hindu women's status through their rights to property, which implies the transformation of women's rights and duties in India.Drawing on the analysis made during an extensive fieldwork period in a rural community and case studies in Pune tribunals, this thesis shows that women generally know that they have some rights to their father's and husband's property. However, for various reasons, they do not see any advantage in claiming their inheritance rights. Women often find it difficult to reconcile claiming rights with their duties as daughters (or daughters-in-law) and the social restrictions associated with widowhood. In addition, the complex relationships with the state bureaucracy often prevent them from their right to access property. In that context, before choosing a forum of justice, most women (and men) will first opt for conflict avoidance.
This socio-legal ethnography of women's succession rights, in the state of Maharashtra, is an anthropological contribution to the study of the dynamics of social cohesion in an environment where legal pluralism is itself in transition.
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Panet-Raymond, Louise. "Toward a reconceptualization of battered women : appealing to partial agency." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78223.
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Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
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Whitcher, Rochelle S. "The effects of western feminist ideology on Muslim feminists." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Mar%5FWhitcher.pdf.
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Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.
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This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.
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Stuntz, Jean A. "His, Hers, and Theirs: Domestic Relations and Marital Property Law in Texas to 1850." Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2495/.
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Texas law regarding the legal status of women and their property rights developed from the mingling of Spanish and English laws. Spanish laws regarding the protection of women's rights developed during the centuries-long Reconquest, when the Spanish Christians slowly took back the Iberian Peninsula from the Moorish conquerors. Women were of special importance to the expansion of Spanish civilization. Later, when Spain conquered and colonized the New World, these rights for women came, too.
In the New World, women's rights under Spanish law remained the same as in Spain. Again, the Spanish were spreading their civilization across frontiers and women needed protection. When the Spanish moved into Texas, they brought their laws with them yet again. Archival evidence demonstrates that Spanish laws in early Texas remained essentially unchanged with regard to the status of women.
Events in the history of England caused its legal system to develop in a different manner from Spain's. In England, the protection of property was the law's most important goal. With the growth of English common law, husbands gained the right to control their wives's lives in that married women lost all legal identity.
When the English legal system crossed the Atlantic and took root in the United States, little changed, especially in the southern states, when migrants from there entered Texas. When these Anglo-American colonists came into contact with Spanish/Mexican laws, they tended to prefer the legal system they knew best. Accordingly, with the creation of the Republic of Texas, and later the state of Texas, most laws derived from English common law. From Spanish laws, legislators adopted only those that dealt with the protection of women, developed on the Spanish frontier, because they were so much more suitable to life in Texas. Later lawmakers and judges used these same laws to protect the family's property from creditors, as well as to advance the legal status of women in Texas.
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Campbell, Meghan. "Gender-based poverty and CEDAW : a study on the relationship between gender-based poverty and the Convention on the Elimination of All Forms of Discrimination Against Women." Thesis, University of Oxford, 2014. https://ora.ox.ac.uk/objects/uuid:eb32f593-70ed-4691-96f2-aaba05911a80.
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This thesis makes a unique contribution in exploring the relationship between international legal commitments and women's poverty. Three normative arguments underpin this thesis. First, that poverty is a gender-based phenomenon. Second, that gender-based poverty is a obstacle to human rights. Third, if the promise of human rights is to be realised for all people it is necessary to move gender-based poverty into the realm of international human rights law. The ideal place to theorise on the relationship between human rights and gender-based poverty is CEDAW. Notwithstanding that CEDAW addresses civil, political, economic, social and cultural rights and negative cultural attitudes on women, there is no substantive provision in CEDAW requiring State to ameliorate gender-based poverty. The first part of my thesis argues that this gap can be overcome by an evolutionary interpretation of CEDAW. I make the argument, that equality and non-discrimination, two norms that permeate all of CEDAW, can be interpreted to incorporate the harms of gender-based poverty comprehensively into the treaty framework. I use public international law interpretative framework and the Committee's own work to demonstrate that the commitment to eliminating discrimination against women and achieving gender equality in CEDAW necessarily requires State to respect, protect and fulfill the human rights of women in poverty. The second part of thesis shifts to examine how this interpretation can be integrated into the work of the Committee. To ensure a coherent and comprehensive approach to gender-based poverty that is consistent with my proposed interpretation of CEDAW in I propose: (i) modifications to the State reporting guidelines and (ii) a comprehensive General Recommendation on women and poverty. This thesis lays the necessary theoretical and practical groundwork so that the Committee and other relevant national and international actors can hold States accountable for women in poverty's human rights.
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Ahmed, Shameem. "Day in and day out : women's experience in the family and the reconstruction of their secondary status." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59959.
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The basic research question this thesis addresses is how the secondary status of Bangladeshi women is reinforced through household labour. It is argued that gender relations and housework shape each other. To develop this, it examines the degree of participation of women in different areas of housework and family decisions. The thesis further explores whether the autonomy of women coming from the traditional Bangladeshi family set-up has increased as a result of their immigration to Canada and their exposure to Canadian family values. This is done by a comparison of the family experiences of Canadian and Bangladeshi women. Finally, it is suggested that age, position in the family and length of immigration are the indices of the autonomy of Bangladeshi women in Canada.
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Wang, Yi Ying. "Human rights accountability of non-state actors and special concerns on women." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2590472.
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Myers, Tamara. "Criminal women and bad girls : regulation and punishment in Montreal, 1890-1930." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=40209.
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Society's attitudes toward criminal offenders changed dramatically over the nineteenth century. By the early twentieth century the system of handling offenders in Montreal was highly institutionalized and based on sex- and age-specific treatment involving the Catholic Church, civic and legal authorities, and Protestant reform organizations.A thematic study of the relationship of female offenders, concerned organizations, and the criminal justice system at the height of industrial capitalism shows that as the economy expanded and the city grew, there were increasing opportunities for women to break the law. Women's crimes were largely determined by their socio-economic status in Canadian society, often crimes of poverty and survival. The growing potential to commit crime was met with a more organized and institutionalized response and the definition of what was considered wayward female behaviour broadened. The growth of the state over the latter part of the nineteenth century in the form of new and expanded juridical and penal structures resulted in an increase in disciplining the population. For women this meant the use of laws and institutions to punish inappropriate social and sexual behaviour.
This thesis explores the gender-specific treatment of female offenders in the new institutions created ostensibly to rescue them: Fullum Street Prison for Women, the Ecole de Reforme, the Girls' Cottage Industrial School, the Juvenile Delinquents' Court, and the female police force. It looks at the construction of "criminal" and "bad" and the flexible usage of certain laws to curb unruly behaviour.
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Dunn, Kimberlee Harper. "Germanic Women: Mundium and Property, 400-1000." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5378/.
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Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.
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Rebolone, Ana Maria. "Feminists in unchartered water, the legal pursuit of reproductive autonomy in the Supreme Court of Canada in the 1990s." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0003/MQ45377.pdf.
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Mangwiro, Heather K. "A critical investigation of the relevance of theories of feminist jurisprudence to African women in South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007328.
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Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.
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Calvey, Jo. "Women's experiences of the workers' compensation system in Queensland, Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2002. https://ro.ecu.edu.au/theses/731.
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This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.
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Nyathi, Noluvo Annagratia. "Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/509.
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In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.
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Sandeen, Loucynda Elayne. "Who Owns This Body? Enslaved Women's Claim on Themselves." PDXScholar, 2013. https://pdxscholar.library.pdx.edu/open_access_etds/1492.
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During the antebellum period of U.S. slavery (1830-1861), many people claimed ownership of the enslaved woman's body, both legally and figuratively. The assumption that they were merely property, however, belies the unstable, shifting truths about bodily ownership. This thesis inquires into the gendered specifics and ambiguities of the law, the body, and women under slavery. By examining the particular bodily regulation and exploitation of enslaved women, especially around their reproductive labor, I suggest that new operations of oppression and also of resistance come into focus.
The legal structure recognized enslaved women in the interest of owners, and this limitation was defining, meaning that justice flowed in one direction. If married white women were "civilly dead," as famously evoked by the Declaration of Sentiments (1848) then enslaved women were civilly non-existent. The law controlled, but did not protect slaves, and a number of opponents to slavery denounced this contradictory scenario during the antebellum era (and before). Literally, enslaved women were claimed by their masters, purchased and sold as chattel. Physically, they were claimed by those men (both white and black) who sought to have power over them. Symbolically, they were claimed by anti-slavers and pro-slavers alike when it suited their purposes, often in the domains of news and literature, for the sake of advancing their ideas, a rich record of which fills court cases, newsprint, and propaganda touching the slavery issue before the civil war.
Due to the numerous ways that enslaved women's bodies have been claimed, owned, or circulated in markets, it may have been considered implicit to many that others owned their bodies. I believe that this is an oversimplified historical supposition that needs to be re-theorized. Indeed, enslaved women lived in a time when they were often led to believe that their bodies were not truly their own, and yet, many of them resisted their particular forms of oppression by claiming ownership of their bodies and those of their children; sometimes using rather extreme methods to keep from contributing to their oppression. In other words, slave owners' monopoly of the legal, economic, and logistical meanings of ownership of slaves had to be constantly reaffirmed and negotiated. This thesis asks: who owned the enslaved woman's body? I seek to emphasize that enslaved women were valid claimants of themselves as can seen in primary sources that today have only been given limited expression in the historiography.
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Amollo, Rebecca. "A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3083_1190369553.
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It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic.
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Mwambene, Lea. "Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law.
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McEwan, Joanne. "Negotiating support : crime and women's networks in London and Middlesex, c. 1730-1820." University of Western Australia. History Discipline Group, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0121.
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[Truncated abstract] This thesis examines the social and legal dynamics of support as it operated around women charged before the criminal courts in the eighteenth- and early nineteenth-century metropolis. It considers the nature and implications of the support made available to, or withheld from, female defendants by individuals to whom they were in some way connected. To this end, it explores the nuances of testimony offered by witnesses and defendants in an attempt to better understand the extent and effect of the support that could be negotiated by and from a range of groups, including family members, fellow household residents, neighbours and wider community members. How narratives were framed in either sympathetic or condemnatory terms was indicative of broader social attitudes and expectations regarding women and crime as well as of women's own relationships to households and neighbourhood. To the extent that this thesis aims to interrogate negotiations of support, it adopts legal narratives as a window through which to gain an insight into the social interactions and mediation of interpersonal relationships by eighteenth-century London women. The printed accounts of trials conducted at the Old Bailey and legal documents from the London and Middlesex Sessions records form the basis of the source material that contributed towards this study. These records provide contemporary narratives in which participants described their involvement in the legal system and articulated their relationships to events and to each other. As a result, they are invaluable for the wealth of qualitative detail they contain. These legal documents have also been complemented by other contemporary sources including newspaper reports and printed pamphlet literature. ... This thesis concludes first that neighbours and fellow household residents were usually in the strongest position to affect the outcome of criminal cases, either by offering assistance or disclosing incriminating information. The importance of household and neighbours rather than kin was closely tied to the domestic context in which many female crimes took place, and the 'insider knowledge' that was gained by living in close proximity to one another. However, if and when women retained links to family and kin who lived within travelling distance, they remained an important source of support. Secondly, the thesis identifies the detection and prosecution of crime as a gendered experience; contemporary social expectations about gender influenced both legal processes and the shaping of witness accounts. Thirdly, in its examination of local responses to female crime, the thesis supports the theory that a notable shift in sentiment towards female nature and legal culpability occurred during this period, which in turn affected the support offered to female defendants. Overall, the thesis demonstrates the paramount importance of witness testimony in articulating the circumstances surrounding female crimes, and the complex negotiations of interpersonal relationships which influenced how this evidence would be contextualised as supportive or not when it was delivered.
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Paternotte, David. "Sociologie politique comparée de l'ouverture du mariage civil aux couples de même sexe en Belgique, en France et en Espagne: des spécificités nationales aux convergences transnationales." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210404.
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Cette thèse de doctorat étudie les mouvements LGBT en Belgique, en France et en Espagne à travers une double comparaison (entre les cas et à travers le temps) qui intègre également les échanges et influences transnationaux et internationaux. Elle examine l’émergence et le développement de la revendication d’ouverture du mariage civil aux couples de même sexe dans ces pays, analysant les convergences en termes de contenu des demandes et de timing des mobilisations. Par conséquent, elle porte sur des convergences au niveau des mouvements sociaux, à l’inverse de la majeure partie de la littérature, qui se concentre sur les convergences de politiques publiques. Cette situation impose de construire une grille d’analyse basée sur la littérature sur les mouvements sociaux, les politiques publiques et les relations internationales (influence des normes internationales). Le développement des revendications relatives au droit au mariage a été retracé de manière généalogique depuis la fin des années 1980. La comparaison repose sur la méthode du most different systems design et un travail empirique important combinant analyse documentaire et entretiens a été réalisé. Cette thèse confirme l’importance de l’étude des échanges et des influences internationaux et transnationaux pour comprendre la politique domestique et insiste sur l’influence cruciale du réseautage transnational sur les revendications des mouvements sociaux. Elle révèle aussi quelques cas de diffusion entre mouvements sociaux et montre comment des caractéristiques et des contraintes communes peuvent inciter les mouvements sociaux à formuler des revendications similaires. Par ailleurs, les discours en faveur du droit au mariage ont été analysés avec soin. L’émergence de cette revendication a aussi été mise en perspective sur le plan historique, ce qui implique de réfléchir aux modalités de transformation des mouvements LGBT au cours des trente dernières années. Pour terminer, la notion de citoyenneté sexuelle a été interrogée et la manière dont l’accès à la citoyenneté a été posé a été examinée à partir du concept de resignification proposé par Judith Butler. This dissertation looks at LGBT movements in Belgium, France and Spain through a double comparison (between cases and through time), which also takes into account transnational and international exchanges and influences. It investigates the simultaneous emergence and development of same-sex marriage claims in these countries, examining convergences in the content of the claims and the timing of protest. Therefore, it looks at convergences at the level of social movements, unlike most of the literature, which focuses on convergences in public policies. This specific research interests implies building an analytical model based on the literature on social movements, public policies and international relations (influence of international norms). It has also required a genealogical account of the development of same-sex marriage claims in each country from the end of the eighties until now. The comparison is based on the most different systems design method, and an extensive field work combining archives analysis and interviews has been carried out. This dissertation confirms the importance of taking into account international and transnational exchanges and influences to understand domestic politics, and insists on the crucial influence of transnational networking on social movements claims. It also discloses some cases of diffusion between social movements and shows how common characteristics and constraints may induce social movements to make similar but independent decisions. Discourses in favour of same-sex marriage have been carefully analysed, and the emergence of this claim has been put into a historical perspective. This implies a reflection on the transformations of the LGBT movement over the last thirty years. Finally, this dissertation interrogates the notion of sexual citizenship and examines the specific mechanisms through which access to citizenship has been proposed, discussing Judith Butler’s concept of resignification.
Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
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Lara, Hellen Pereira. "Mães encarceradas no Estado de São Paulo, análise a partir dos atendimentos da Defensoria Pública do Estado." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21674.
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Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
This research is the result of inquiries relating to the many and cruel improsoned women`s rights violation in the prison system in the state of São Paulo. In order to carry out this study, the capitalist society`s path has been outlined considering this system as a way to underestimate women`s rights in this system. Furthermore, a prison system`s research was carried out in regards to mothers who are imprisoned as well as interviews with experts that work on this field in order to analyze how the Institutional policies in regards to the Public Deffender`s Office named “Mães em Cárcere“ [imprisoned mothers] as well as its performance and challenges. The policies for “Mães em Cárcere” were established in 2011 through dialogues involving Pastoral of Prisoners (Pastoral Carcerária), Land, Work and Citizenship Institute, Public Defender’s Office (Defensoria Pública) among other public institutions that aim at supporting this group. Given the fact that in the state of São Paulo is the place where an increase of criminality levels is observed, the research suggests there is a focus on criminalizing poor suburban work-class layers based on capital. This research finally aims at showing how our society violates these women`s rights leaving ever-lasting wounds in themselves and their families
A pesquisa que ora é apresentada é fruto de indagações referentes às diversas violações de direitos sofridas por mulheres mães encarceradas no sistema penitenciário do Estado de São Paulo. Para elaboração desta pesquisa, foi realizado um levantamento do percurso do sistema prisional em especial, no que tange as mulheres mães nessas instituições, como também, entrevistas com profissionais que atual nesse segmento. Ainda traz, conhecimento sobre a existência e de como se desenvolve a Política “Mães em Cárcere”, bem como sua atuação e seus principais desafios. A Política “Mães em Cárcere” foi constituída em 2011, através de diálogos entre a Pastoral Carcerária, Instituto Terra Trabalho e Cidadania (ITTC), Defensoria Pública e outros órgãos públicos, com objetivo de garantir os direitos das mulheres mães encarceradas, demarcando principalmente o Estado de São Paulo. Ademais, deu enfoque ao aumento abusivo do encarceramento em massa, com o discurso de atuar na chamada criminalidade, mas que demonstra uma clara intenção de criminalizar uma camada da classe trabalhadora que vive nos espaços mais segregados da sociedade, buscou-se nesta pesquisa, ressaltar as situações vivenciadas pelas mulheres mães encarceradas, sendo possível, constatar entre as diversas violações de direitos, que essas acontecem de formas brutais e perversas, deixando sequelas irreparáveis nas mulheres e suas famílias
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Piette, Valérie. "Servantes et domestiques: des vies sous condition; essai sur la domesticité 1789-1914." Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212035.
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Bjornberg, Karin. "Rethinking human security : taking into consideration gender based violence." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71706.
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Includes bibliographyENGLISH ABSTRACT: The human security concept challenges the traditional view of state security. The very essence of human security means to respect human rights. The Commission on Human Security did not focus on women as a special area of concern in the 1994 Human Development Report. The report does not recognise that being subject to gender hierarchies increases women’s insecurity and that women experience human security differently from men and shows that the human security concept does not include gender based violence (GBV) because there is no specific attention paid to issues that predominantly pertain to women. This study is conducted from a feminist perspective. It is reflexive research and based on standpoint theory. The data is gathered through analysis of secondary data and primary data, collected through interviews. GBV in South Africa tends to be continuous and the perpetrator is most likely to be a spouse or partner. Studies show that women are seen as being dependent on and weaker than men. Many men view women’s rights legislation as a challenge to the legitimacy of men’s authority over women. Women who try to be more independent in their relationships are regarded as threats and violence against them becomes a way for men to show control. The criminal justice system in South Africa has made progress in protecting women from GBV but myths, stereotypes and social conventions still prevent women from receiving justice. Traditionally, the state regards what happens in the private sphere as outside its responsibility. The public/private dichotomy challenges state regulations and norms which is evident in the case of domestic violence. It is often argued that GBV has remained imperceptible because it takes place in the private sphere. However, this research indicates that due to the socio-economic situation in South Africa, the abuse is often publicly known by those in the immediate environment as people live in informal housing. This research shows that a human security framework that targets GBV has to be developed for those who bear its consequences. When women are not viewed as subjects, issues that mainly affect them remain invisible. It is necessary that analysis of human insecurity starts from the conditions of women’s lives. Many women in South Africa live highly traumatic lives. Fighting GBV requires that we know the victims of GBV and let them decide what they need to feel secure. Creating human security requires that other threats which contribute to GBV, such as poverty, gender stereotypes and prejudice are also addressed. GBV has become an epidemic in South Africa and is a permanent constraint in women’s lives and impacts society as a whole. The security of the state rest on the security of women and as long as the state fails to treat GBV as a serious crime and protect women the state is more likely to use violence on a larger scale against its citizens.
AFRIKAANSE OPSOMMING: Die Menslike Veiligheidskonsept daag die tradisionele siening van staatsveiligheid uit: die kerbetekenis van Menslike Veiligheid is om menseregte te respekteer. Die Kommissie op Menslike Veiligheid het nie op vroue as ‘n spesiale area van kommer gefokus in die Menslike Ontwikkelingsverslag van 1994 nie. Die verslag het daarin gefaal om te erken dat die realiteit van geslags-hiërargieë vroue se insekuriteit verhoog, en dat die ervaring van menslike sekuriteit van mans en vroue verskil. Hierdie navorsing sal toon dat die menslike veiligheidsbegrip nie in staat is om geslags-gebaseerde geweld (GGG) in ag te neem nie, aangesien daar geen spesifieke aandag verleen is aan vraagstukke wat hoofsaaklik op vroue betrekking het nie. Hierdie studie is vanuit 'n feministiese perspektief gedoen. Die navorsing is reflektief en op standpunt-teorie gebaseer. Die data is deur die analise van sekondêre data, asook die gebruik van primêre data i deur middel van onderhoude ingesamel . GGG in Suid-Afrika is geneig om oor ‘n uitgerekte tydperk plaas te vind en die mees waarskynlike oortreders is ‘n eggenoot of lewensmaat. Navorsing toon dat gemeenskappe geneig is om vroue as swakker en afhanlik van mans te sien. Wetgewing op die regte van vroue word deur vele mans as ‘n uidaging van hul legitieme superioriteit, ten op sigte van vroue, gesien. Vroue wat dus onafhanklikheid in hul verhoudings probeer uitoefen, word as bedreigings gesien en geweld word gebruik om hulle “in hul plek te hou”. Die Suid-Afrikaanse kriminele regstelsel het al vordering gemaak in terme van die beskerming van vroue teen GGG, maar mites, stereotipes en sosiale konvensies belemmer steeds die volle gang van die gereg. Die staat het in die verlede die private sfeer as buite sy jurisdiksie gesien. Die openbare/private sfeer digotomie bied uitdagings vir staatsregulering en vir die implementering van regulasies , en dit word veral duidelik in die geval van huishoudelike geweld. Daar word aangevoer dat aangesien GGG in die private sfeer plaasvind, dit onsigbaar bly. Hierdie navorsing het egter bevind dat GGG in die Suid-Afrikaanse konteks dikwels in die openbare gemeenskapsfeer (deur diegene in die onmiddelike omgewing) opgemerk word, omdat baie mense in Suid-Afrika informele nedersettings woon.Hierdie navorsing het verder bevind dat ‘n GGG raamwerk vir menslike veiligheid ontwikkel moet word wat diegene wat die gevolge van GGG dra insluit. Indien vroue nie spesifiek as navorsingssubjekte geag word nie, bly faktore wat hulle spesifiek beïnvloed onsigbaar. Dit is belangrik dat analise van menslike insekuriteit begin om die omstandighede van vrouens se lewens in ag te neem. Vroue in Suid-Afrika leef in hoogs traumatiese omstandighede. In die bestryding van GGG is dit belangrik dat die slagoffers van GGG in ag geneem word en dat dit hulle toelaat om dit duidelik te maak wat hulle onveilig laat voel. Die skep van menslike veiligheid vereis dat bedreigings wat bydra tot GGG, naamlik armoede, geslagstereotipes en vooroordeel , ook aangespreek word. GGG in Suid-Afrika het ‘n epidemie geword, en plaas ‘n permanente beperking op vroue se lewens. Dit het ook ‘n blywende impak op die samelewing as ‘n geheel. Die veiligheid van die staat rus op die veiligheid van vroue. Solank as wat die staat versuim om GGG te bekamp en as ‘n ernstigge misdaad te erken, en vroue nie die beskerming van die staat geniet nie, is daar ‘n hoër moontlikheid vir die gebruik van geweld deur die staat teen sy eie burgers op ‘n groter skaal.
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TAYLOR, Karen F. "Shame : the punishment of female collaborators in post-war France 1944-1946." Doctoral thesis, 1996. http://hdl.handle.net/1814/5680.
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Simm, Gabrielle Anne. "Exotic others : gender and refugee law in Canada, Australia and the United States." Thesis, 2005. http://hdl.handle.net/2429/16718.
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In this thesis I argue that race, culture and imperialism intersect with gender at the site
of refugee law to produce 'racialized and exotic others.' These exotic others are
refugee women whose differences from refugee decision makers in destination
countries are made crucial to their refugee claims by refugee lawyers, decision
makers and the system of refugee determination. I use a comparative methodology to
examine the gender guidelines for refugee decision makers and selected key cases
from Canada, the United States and Australia.
The gender guidelines represent a human rights approach to refugee law. I critique the
guidelines and relevant cases from an anti-essential ist perspective informed by
postcolonial, feminist and critical race theory. My discussion is organized by
contrasting 'exotic harms,' transgression of social mores and female genital cutting,
with treatment of 'familiar harms', domestic violence and sexual assault. I aim to
show how the distinctions between the exotic and the familiar are founded on
orientalist notions about other women in other places. I seek to suggest strategies for
refugee advocates, decision makers and academic lawyers to avoid perpetuating
orientalist notions of other countries and other cultures. I conclude, however, that
refugee law is a limited project whose solutions to the problems faced by refugee
claimants can only ever be incomplete.Law, Peter A. Allard School of
Graduate
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GEARY, David. "An EU instrument to counter the trafficking in women for sexual exploitation into the European Union." Doctoral thesis, 1999. http://hdl.handle.net/1814/5510.
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Award date: 7 December 1999Supervisor: Prof. Y. Kravaritou
First made available online on 16 December 2019
The traffic in women for the purpose of sexual exploitation has occurred throughout history and is not a new phenomenon to Europe. Indeed, in the sixth century BC, Solon of Athens is reputed to have conscripted slaves to serve as prostitutes in brothels. For almost a century international instruments have been in force with the specific aim of eliminating this pernicious activity. That efforts to put a halt to trafficking began in earnest at the dawn of the twentieth century, the century when human rights and respect for the individual blossomed, seems fitting. Yet, strangely, it is in the last decade of this century that the Member States of the European Union have witnessed an upsurge in trafficking. Far from eliminating the trade in women, it is the abuse of women and girls which has grown to alarming proportions.
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Swan, Sarah Lynnda. "Law's Erotic Triangles: A Conversion, Inversion, and Subversion." Thesis, 2016. https://doi.org/10.7916/D82B8Z2M.
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The erotic triangle, in which two men compete for a desired woman, is a foundational archetype of Western culture. This dissertation, through its three separately-published articles, examines how this cultural archetype is manifested in law and legal structures, and the relationship between law’s erotic triangulations, gender inequality, and third-party responsibility. Each of the three articles of this dissertation focuses on a different manifestation of third-party responsibility, and each offers its own self-contained argument. At the same time, the “graphic schema” of the erotic triangle analytically enriches each of them. The erotic triangle is a “sensitive register […] for delineating relationships of power and meaning,” and using it in this context illuminates the shifting ways gender, power, and legal responsibility circulate in these male-female-male legal structures. Together, the articles suggest that law both replicates and reproduces erotic triangulations in ways that contribute to gender inequality, but also that it may be an important site for their renegotiation.
The first article, A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye, explores how the tort of interference with contractual relations was created out of a factual scenario involving an erotic triangle (two rival opera-house managers competing for the services of a renowned chanteuse). The court converted past regulations of erotic triangles (in particular, criminal conversation, which allowed a husband to bring an action against a man for sexual interference with his wife) into a new cause of action, one which removed a triangulated woman’s responsibility for breaching a contract, and instead assigned responsibility to the man who induced her to breach. While this first iteration involves the removal of responsibility from a triangulated woman, the second article, Home Rules, involves an inversion of this responsibility allocation: here responsibility is removed from a usually male wrongdoer and instead imposed upon a triangulated woman. Home Rules examines how, through a series of ordinances, local governments are imposing responsibility on female heads of household for the wrongful actions of their typically male household members. In so doing, local governments disrupt kinship structures and assert the state’s dominance over the family and intimate life. The third article, Triangulating Rape, evidences a more positive shift in responsibility. It traces the transformation of rape law as a progression from a tradition of erotic triangulation to a subversion thereof. Unlike the historical rape law triangle, in which rape is legally constructed as a wrong that one male does to another through the body of a woman; and unlike the criminal rape law triangle, in which rape is legally constructed as a wrong that one man does to the state through the body of a woman; civil actions in which women bring claims against both perpetrators of sexual assault and the third-party entities that facilitate or fail to prevent those assaults allow harmed women to assert their own subjectivity and climb out of their traditionally passive role in the erotic triangle. In so doing, this reconfigured triangulation ultimately challenges the gender status quo that produces sexual harms, and suggests that subverting the usual functioning of triangulated patterns may hold promise as a tool of social change.
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STAIANO, Fulvia. "Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights." Doctoral thesis, 2014. http://hdl.handle.net/1814/33452.
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Defence date: 20 October 2014Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
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Schulman, Marc. "The nasciturus non-fiction: the Libby Gonen story: contemporary reflections on the status of nascitural personhood in South African law." Thesis, 2014. http://hdl.handle.net/10539/15607.
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Thesis (L.L.M.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.The non-consensual destruction of a nasciturus is a disturbing societal phenomenon that negatively permeates the lived realities of pregnant women with positive maternal intention. These women choose to experience a full term gestation and they choose to give birth to a live and healthy infant. At some point during their gestation they are non-consensually deprived of their choices through active third party violence by commission or passive third party negligence by omission. These women have no legal recourse for their loss, because in South African law, the non-consensual destruction of a nasciturus is not a crime. The nasciturus is not recognised as a victim separate from the pregnant woman despite the manner in which the pregnant woman freely chooses to interpret her pregnancy. The consensual destruction of a nasciturus enjoys legal protection in South African law by virtue of the provisions contained in the Choice on Termination of Pregnancy Act 92 of 1996. The choice to terminate a pregnancy is therefore legally recognised in South African law, whereas the choice to continue a pregnancy is not legally recognised. Argument is advanced in this dissertation for the legal recognition of the choice to continue a pregnancy by criminalising non-consensual nascitural destruction through the creation of a Choice on Continuation of Pregnancy Act. Non-Consensual nascitural destruction occurs as a result of violence against pregnant women as well as in situations of medical negligence. Empirical data is provided to demonstrate how non-consensual nascitural destruction can occur in medical settings where negligence is suspected. The inherent human need to safeguard and protect the nasciturus has been in existence since time immemorial. Despite this need, in South African law, legal subjectivity, and the ability to be recognised as a separate victim of crime, remain contingent upon a live birth. Evidence suggests that the requirement of live birth in law developed as an evidentiary mechanism and not as a substantive rule of law. Its relevance in circumstances of non-consensual nascitural destruction is doubtful at best. The law in South Africa has failed to take cognisance of the psychosomatic dimensions of personhood and argument is advanced in favour of a nuanced and constitutionally sensitive approach to matters of moral as well as legal personhood. Authentic female autonomy and reproductive freedom requires a re-evaluation of the paradigms that surround nascitural safeguarding and protection, and a transformative approach to constitutional interpretation. The establishment of a legislative scheme to criminalise the nonconsensual destruction of a nasciturus is proposed. Within this legislative scheme certain precautions and fortifications are suggested in order to avoid any potential erosion of the rights of pregnant women who have negative maternal intention. It is demonstrated that it is in fact possible for pregnant women with positive maternal intention and pregnant women with negative maternal intention to both enjoy legal protection without encroaching upon one another’s constitutional rights to reproductive freedom, bodily autonomy and privacy. It is contended that achieving the aforementioned is the final barrier to authentic female reproductive freedom in South Africa.
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Kirby, Ronald Vernon. "Die waarde van die vrou se dienste in die huishouding." Diss., 1994. http://hdl.handle.net/10500/17093.
Full textAbstract:
Text in AfrikaansThis study aims at determining the value which is attributed to a wife's household actions in terms of section 7(3)-(6) of the Divorce Act 70 of 1979. The nature, quantity and quality of a wife's contribution are discussed on the basis of various decided cases and on the basis of factors which influence the extent of the redistribution of assets. The comments of various writers on sections 7(3)-(6) of the Divorce Act 70 of 1979 are also discussed. Since there are few decided cases in South Africa which are relevant to this study, a number of foreign legal systems are looked at by way of comparison to determine possible directional trends with regard to the value of a wife's services in the household.
Die doel van hierdie studie is om die waarde van die vrou se dienste in die huishouding te bepaal binne die konteks van eise ingevolge artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979. Die aard, kwantiteit en kwaliteit van die vrou se bydrae word bespreek aan die hand van regspraak en aan die hand van faktore wat 'n invloed op die omvang van die herverdeling van bates het. Verskeie outeurs se kritiek teen artikels 7(3)-(6) van die Wet op Egskeiding 70 van 1979 word ook bespreek. Aangesien daar in die konteks van hierdie studie min Suid-Afrikaanse regspraak is, word 'n aantal buitelandse regstelsels vergelykenderwys bespreek om moontlike rigtinggewende neigings ten opsigte van die waarde van die vrou se dienste in die huishouding te bepaal.
Private Law
LL. M.
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Koshan, Jennifer. "Doing the "right" thing : aboriginal women, violence and justice." Thesis, 1997. http://hdl.handle.net/2429/6533.
Full textAbstract:
This thesis focuses on Aboriginal women as survivors of intimate violence, and as
participants in debates about justice and rights in the academic, political and legal spheres.
While several federal and provincial reports have documented the adverse impact of the
dominant criminal justice system on Aboriginal peoples, most of the reports fail to consider
the impact of the dominant system, and of reform initiatives on Aboriginal women, who
engage with such systems primarily as survivors of violence. Although feminist legal
scholars and activists have focused on survivors of violence in critiquing the dominant justice
system, such discourses have also tended to ignore the needs and concerns of Aboriginal
women in recommending reforms to the dominant system, as well as in theorizing the causes
and sites of intimate violence.
Using feminist methods, I explore how the writings of Aboriginal women have begun
to fill these gaps. In focusing on gender and racial oppression, Aboriginal women have
complicated theories on and reforms around intimate violence, and have demanded that they
be included in the shaping of public institutions in both the Canadian legal system, and in
the context of Aboriginal self-government. While Aboriginal women largely support the
creation of Aboriginal justice systems, some have expressed concerns about the willingness
of Aboriginal and non-Aboriginal leaders to include women in the process of creating,
implementing and operating such systems. The Canadian Charter of Rights and Freedoms,
as well as Aboriginal rights under the Constitution Act, 1982 have been advocated as means
of achieving Aboriginal women's participation in this context.
This gives rise to a number of fundamental questions which I examine in my thesis.
What is the historical basis for the participation of Aboriginal women in the political process,
and for survivors of violence in both the dominant and Aboriginal justice systems? What is
the significance of the absence of Aboriginal women from dominant discourses on justice and
intimate violence? Might a broader level of participation for survivors of violence, both
Aboriginal and non-Aboriginal, ameliorate the problematic aspects of the dominant justice
system? Does the Canadian Charter of Rights and Freedoms provide a vehicle for survivors
of violence who seek a greater level of protection and participation in the dominant justice
system? Can the Charter, or Aboriginal rights under the Canadian constitution, assist
Aboriginal women in establishing a right of participation in the processes leading to the
creation of Aboriginal justice systems, and their participation in such systems once they have
been created? What are the limitations of rights discourse in this context?
My analysis suggests that the Supreme Court of Canada's conservative approach to
rights, as well as more fundamental limitations in rights discourse, make constitutional
litigation within the dominant system a sometimes necessary, but not ideal strategy for
Aboriginal women in defining their involvement in the political and justice arenas. On the
other hand, there is potential for rights discourse to bear more fruit once Aboriginal decision
making fora are in place, in keeping with holistic approaches to interpretation, and the
traditional roles of Aboriginal women and survivors of violence in justice and in the
community.
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Hendricks, Shariefa. "Polygamy in South Africa : an exploratory study of women's experiences." Thesis, 2004. http://hdl.handle.net/10413/8714.
Full textAbstract:
Four Muslim senior wives, 35 years and older, were interviewed about their experiences in a
polygamous marriage. The Theory of Gender and Power was used to understand some of the
emerging themes in the gendered relationships between men and women in polygamous
relationships. Thematic content analysis revealed the overarching theme of power. The women
expressed helplessness in the face of a practice that they consider objectionable on the one hand,
but that they feel compelled to tolerate because their religion permits it. In order to cope with their
pain there was a need to assign blame for their husband's remarriage. Blame was attributed to
both internal and external causes. Senior wives equate polygamy with "infidelity" and therefore
perceived it as an act of betrayal, Consequently, this led to feelings of anger, rejection, pain and
jealousy, and subsequently the nonacceptance of the junior wife into the marital dyad. The women
reported feelings of loss with regard to the marital relationship, such as loss of financial support,
trust, self esteem, identity, dignity and sense of self. For these senior wives, polygamy resulted
in loss of sexual exclusivity, shared intimacy and security, which was accompanied by feelings of
humiliation and degradation. The women believed that polygamy resulted in straining the
relationship between children and their fathers. Children were reported to have experienced
emotional, behavioural and academic problems.Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.
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MULLALLY, Siobhán. "Reclaiming universalism : feminism, difference and human rights." Doctoral thesis, 2003. http://hdl.handle.net/1814/4720.
Full text
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Ghitter, Corinne Louise. "Potential value: a challenge to the quantification of damages for loss of earning capacity for female and aboriginal plaintiffs." Thesis, 2000. http://hdl.handle.net/2429/10468.
Full textAbstract:
This thesis questions why young female and aboriginal plaintiffs consistently
receive lower damage awards for loss of future earning capacity than young white male
plaintiffs. I argue that due to the social construction of law, and specifically tort law, the
dividing line between public and private law should be challenged. The effect of tort is
partially "public" in nature due to the broad impact tort has on valuing the potential of
individual plaintiffs. When damages for female and aboriginal plaintiffs are assessed on
a reduced scale due to gender and race, a message is sent that the potential of these
plaintiffs, and the potential of the groups to which they belong, is somehow less. Due to
the "public" impacts of damages quantification, principles of equality derived from the
Canadian Charter of Rights and Freedoms should be considered in the quantification
process.
I argue further, that the current practice of damages quantification has been the
result of the court's over-reliance on "formalist" notions of tort law which has insulated
the area from the social context of law. In addition, I suggest that the acceptance by
courts of economic evidence, which is often reflective of discriminatory norms in the
labour market and our society generally, has had the effect of de-valuing certain members
of Canadian society; in particular women and aboriginal plaintiffs. I demonstrate this
analysis through an examination of cases dealing with young, catastrophically injured,
female and aboriginal plaintiffs. Finally, I suggest that, though an imperfect solution,
currently the only equitable method of quantifying damages for loss of future earning
capacity is to adopt white male earning tables for all young plaintiffs with no
demonstrated earning history.
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Aggarwal, Alison G. "Transformative practices : women, law and development in India." Thesis, 1998. http://hdl.handle.net/1885/144677.
Full text
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"宋代在室女「財產權」之形態與意義." 2006. http://library.cuhk.edu.hk/record=b5896491.
Full textAbstract:
張曉宇."2006年8月"
論文(哲學碩士)--香港中文大學, 2006.
參考文獻(leaves 139-161).
"2006 nian 8 yue"
Abstracts in Chinese and English.
Zhang Xiaoyu.
Lun wen (zhe xue shuo shi)--Xianggang Zhong wen da xue, 2006.
Can kao wen xian (leaves 139-161).
Chapter 第一章： --- 緒論 --- p.2-8
Chapter 第二章： --- 前人硏究槪述 --- p.9-22
Chapter 第三章： --- 宋代在室女的婚姻與嫁妝
Chapter 第一節： --- 婚姻論財 --- p.23-31
Chapter 第二節： --- 嫁妝與聘財之意義與分別 --- p.31-40
Chapter 第四章： --- 宋代「在室女」法律場域中的財產承分形態
Chapter 第一節： --- 反思法律場域中在室女財產承受的一些前提 --- p.41-51
Chapter 第二節： --- 在室女財產承分考之一：非戶絶情況下的遺囑分產 --- p.51-64
Chapter 第三節： --- 在室女財產承分考之二 ：戶絶情況下的分產 --- p.64-78
Chapter 第四節： --- 在室女財產承分考之三：在室女與命繼子 --- p.78-86
Chapter 第五節： --- 在室女財產承分考之四：試釋「女合得男之半」 --- p.86-93
Chapter 第六節： --- 法律場域中的兩點結論 --- p.93-94
Chapter 第五章： --- 宋代「在室女」其他社會領域中的財產形態
Chapter 第一節： --- 嫁妝財產的其他形態 --- p.95-110
Chapter 第二節： --- 工作與家庭中的在室女財產形態 --- p.110-128
Chapter 第三節： --- 關於在室女財產問題的兩點延伸思考 --- p.128-131
Chapter 第六章： --- 結語 --- p.132-135
附錄一：南宋文集所見婚啓定書 --- p.135-138
參考書目： --- p.139-161
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Harper, Ainsley J. (Ainsley Jane). "Sexually transmitted debt : credibility, culpability and the burden of responsibility." 2001. http://web4.library.adelaide.edu.au/theses/09PH/09phh293.pdf.
Full textAbstract:
Bibliography: leaves 230-248. This thesis examines the causes and consequences to women who, as a result of their marital of de facto relationship incur debt from their spouse/partner. First, it aims to describe the legal and social construction of sexually transmitted debt through a feminist analysis of the 1998 Australian High Court legal case of Garcia v National Australia Bank Ltd. It aims, second, to contribute to feminist understanding of financial decision-making within households by focussing on those decisions that lead to the accumulation of debt within the domestic sphere.
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OJA, Liiri. "Who is the 'woman' in human rights law : narratives of women's bodies and sexuality in reproduction jurisprudence." Doctoral thesis, 2018. http://hdl.handle.net/1814/58764.
Full textAbstract:
Defence date: 14 September 2018Examining Board: Professor Martin Scheinin, European University Institute (Supervisor); Professor Gábor Halmai, European University Institute; Dr Camilla Pickles, Oxford University; Professor Alicia Ely Yamin, JD MPH, Georgetown University
This thesis asks who is the woman in human rights law and explores how transnational human rights law forums are contributing to women’s silencing by reinforcing harmful stereotypes. It constructs a special analytical frame – a reproductive rights-based approach – to show the emerging narratives about women, their bodies and sexuality when jurisprudence concerning abortion, birth, reproductive violence and assisted reproduction is connected and read together. By using feminist approaches to law and understanding human rights through power relationships to analyse a total of 35 cases (between 2003-2017) from the European Court of Human Rights, the United Nations Human Rights Committee, the United Nations CEDAW Committee and the Inter-American Court of Human Rights, the thesis shows how despite good examples of anti-stereotyping done by courts or committees, by an large, women are still given fixed roles that are all primarily connected to the idea of women as mothers and women’s bodies as reproductive bodies. Thus, the human rights law forums are still not putting women’s lived experiences at the centre of their analysis and are not doing an effective listening work. Instead, there is still a resistance – especially in the European Court of Human Rights – against taking women’s lived realities, life plans and what they say about violence, suffering, disadvantages seriously.
This PhD thesis is partly based on work previously published in the article ''Woman' in the European human rights system : how is the reproductive rights jurisprudence of the European Court of Human Rights constructing narratives of women's citizenship?' (2016) in the journal 'Columbia journal of gender and law'