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1 – 10 of over 40000In recent years, school districts have faced numerous questions surrounding accommodations of transgender students. Strong objections to accommodations have been voiced in public…
Abstract
In recent years, school districts have faced numerous questions surrounding accommodations of transgender students. Strong objections to accommodations have been voiced in public argument and litigation, primarily in the areas of athletics, bathrooms, and dress codes. As younger transgender students express their gender identity at school, however, the existing objections are weakened by considering the context of elementary rather than high school students. Greater numbers of young transgender students will likely encourage accommodation of trans students of all ages, as well as challenge the gender binary unconsciously taught in school.
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The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state…
Abstract
Purpose
The prevalence of domestic violence in Nigeria may be described as epidemic. To address this scourge, several pieces of legislation have been enacted in the past decade at state and federal levels in Nigeria. The purpose of this study is to evaluate the emerging legislation on domestic violence. This paper thus examines the contents of these laws in a bid to determine the potential of these laws to prevent domestic violence, deter perpetrators from further incidents, punish perpetrators, compensate survivors and provide them with the necessary interventions for their rehabilitation.
Design/methodology/approach
The approach adopted is a content analysis of the provisions of the legislation, using salient parameters that have been drawn from documented best practices, specifically the key components for framing of domestic violence legislation around the world.
Findings
The author finds that while there is significant attempt in extant legislation to ensure that women are protected within domestic relationships, there are still gaps. Further, the protections are uneven across the states. In addition, there are systemic and contextual challenges that hamper the effectiveness of existing legislation in Nigeria in providing the necessary protections to women.
Originality/value
This study analyses the provisions of some of the legislation currently in place to protect persons from domestic violence. The impact, potential effect and overall utility of these pieces of legislation continue to require examination.
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Holly J. McCammon, Allison R. McGrath, Ashley Dixon and Megan Robinson
Feminist legal activists in law schools developed what we call critical community tactics beginning in the late 1960s to bring about important cultural change in the legal…
Abstract
Feminist legal activists in law schools developed what we call critical community tactics beginning in the late 1960s to bring about important cultural change in the legal educational arena. These feminist activists challenged the male-dominant culture and succeeded in making law schools and legal scholarship more gender inclusive. Here, we develop the critical community tactics concept and show how these tactics produce cultural products which ultimately, as they are integrated into the broader culture, change the cultural landscape. Our work then is a study of how social movement activists can bring about cultural change. The feminist legal activists’ cultural products and the integration of them into the legal academy provide evidence of feminist legal activist success in shifting the legal institutional culture. We conclude that critical community tactics provide an important means for social movement activists to bring about cultural change, and scholars examining social movement efforts in other institutional settings may benefit from considering the role of critical community tactics.
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Olusesan Ayodeji Makinde, Cheluchi Onyemelukwe, Abimbola Onigbanjo-Williams, Kolawole Azeez Oyediran and Clifford Obby Odimegwu
Achieving gender equality and empowering all women and girls is the fifth Sustainable Development Goal (SDG). This continues the effort of the third Millennium Development Goal…
Abstract
Purpose
Achieving gender equality and empowering all women and girls is the fifth Sustainable Development Goal (SDG). This continues the effort of the third Millennium Development Goal (MDG), which was “to promote gender equality and empower all women”. In Nigeria, a Gender and Equal Opportunities Bill had been under consideration in the Nigerian Senate since 2010 to be enacted as a Nigerian law as part of effort toward MDG 3. After six years, the Bill was voted out for “lack of merit”. The purpose of this paper is to provide a critical analysis of the outcome.
Design/methodology/approach
A review of this Bill and the authors’ perceptions of reasons for the decline are subsequently presented.
Findings
There were concerns based on the content of the Bill. It was agreed by members of the Nigerian Senate that the content of the Bill was not in line with the religious and cultural beliefs of most of the Nigerian population and thus, unworthy to be enacted as a Nigerian law.
Social implications
The review herein provides important analysis of the content of the declined Gender and Equal Opportunities Bill. It reflects the continued patriarchal norms and perception of the superiority of men over women in Nigeria.
Originality/value
The paper provides a bird-view analysis of an unsuccessful Gender and Equal Opportunities Bill in Nigeria. This information is needed for a review of the Bill ahead of possible re-presentation following modifications for discussion.
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This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…
Abstract
This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.
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Soujata Rughoobur-Seetah, Zuberia Hosanoo and Loga Devi Balla Soupramanien
This study aims to understand and analyse the financial independence of women in small island developing states, with a focus on Mauritius. Factors such as employer choice…
Abstract
Purpose
This study aims to understand and analyse the financial independence of women in small island developing states, with a focus on Mauritius. Factors such as employer choice, domestic violence, sociological factors, lack of opportunities and empowerment and the legal framework have been identified as potential influencers of the financial independence of women.
Design/methodology/approach
A survey was conducted where residents of Mauritius were targeted to have a more generic overview of the subject matter. A response rate of 347 was received. The partial least square structural equation modeling was used to analyse the proposed framework.
Findings
A total of 12 hypotheses were proposed and only 2 hypotheses were confirmed. The sociological factors, lack of opportunities, domestic violence and employer choice appeared not to have a significant influence on the financial independence of women. The legal system had a significant influence on the financial independence of women.
Originality/value
It must be acknowledged that the literature is rich with studies on financial independence. Nevertheless, not much has been prescribed in the literature from the perspective of small developing economies and having women at the centre of the debate. The theory of gender and power and the social learning theory were used as the theoretical foundation.
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Abstract
Purpose
Comparison.
Design/methodology/approach
Qualitative, Analytical.
Findings
The paper will suggest where the Pakistani legislation will have to be amended without affecting the core subject of the transgender rights in Pakistan.
Originality/value
Novel idea of comparing Pakistani law with an identical Indian law on transgender has been proposed.
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As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to…
Abstract
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This chapter argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars have overlooked. The chapter compares the full spectrum of minors’ reproductive rights and unmasks deep similarities in the law on adolescent reproduction – in particular an undercurrent of desire to punish (female) teenage sexuality, whether pregnant girls choose abortion or childbirth. It demonstrates that in practice, the law undermines adolescents’ reproductive rights, whichever path of pregnancy resolution they choose. At the same time that the law thwarts adolescents’ access to abortion care, it also fails to protect adolescents’ rights as parents. The analysis shows that these two superficially conflicting sets of rules in fact work in tandem to enforce a traditional gender script – that self-sacrificing mothers should give birth and give up their infants to better circumstances, no matter the emotional costs to themselves. This chapter also suggests novel policy solutions to the difficulties posed by adolescent reproduction by urging reforms that look to third parties other than parents or the State to better support adolescent decision-making relating to pregnancy and parenting.
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This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically…
Abstract
This chapter examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.
Akanksha Jumde and Nishant Kumar
This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’…
Abstract
Purpose
This paper aims to focus on compliance of workplace sexual harassment-related provisions under Indian companies and securities law, based on an empirical analysis of companies’ sexual harassment-related disclosures contained within their directors’ annual reports (ARs). Specifically, sections devoted to sexual harassment-related disclosures, inbuilt within directors’ ARs for the financial year 2019–2020 for a selected sample of companies listed under the National Stock Exchange, have been analysed.
Design/methodology/approach
To examine the nature of companies’ disclosures to demonstrate their compliance with statutory requirements under the POSH law, aligned with the Companies (Accounts) Rules, 2014 and Securities and Exchange Board of India’s regulations, an empirical-based, descriptive content analysis of ARs of 200 listed companies were used.
Findings
This study primarily finds that the majority of companies from the sample have disclosed to have prepared a corporate-level policy, as required under the POSH law. As also required under the POSH law, companies, reportedly, have constituted an Internal Complaints Committee to adjudicate and dispose of incidents related to sexual misconduct reported at their workplaces. However, companies lack in disclosing qualitative information, with sufficient detail, on many important aspects related to prevention and resolution of reported cases of workplace sexual harassment.
Originality/value
This paper adds to the broader narrative of the lacunae within the disclosure and reporting requirements on enhancing the liabilities of the companies to prevent and address sexual harassment under India’s corporate and securities regulations.
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