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Deborah Z. Cass 《Feminist Legal Studies》1993,1(2):203-208
The writer would like to thank Jenny Morgan for her assistance, and the Lionel Murphy Foundation for its financial support. 相似文献
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Keina Yoshida 《Feminist Legal Studies》2013,21(2):195-204
The term ‘intersectionality’ recognises the need for a ‘holistic approach’ in the determination of the right to be free from discrimination and violence. While the European Court of Human Rights has never expressly used the term, this article argues that the recent case of B.S. v Spain provides an example of a more robust use of Article 14 of the convention taking into account the real life experiences of those facing intersectional discrimination. The decision recognising the special vulnerability of a migrant, female sex worker is therefore both welcome and necessary. 相似文献
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Kathy Mack 《Feminist Legal Studies》1994,2(2):183-194
(1993) 110 A.L.R. 432 (High Court of Australia). 相似文献
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Elizabeth Waters 《澳大利亚女权主义者研究》1990,5(11):117-120
Genia K. Browning, Women and Politics in the USSR. Consciousness Raising and Soviet Women's Croups (Wheatsheaf Books) Sussex, 1987; Tatyana Mamonova, Russian Women's Studies. Essays on Sexism in Soviet Culture (Pergamon Press) Oxford, 1989. 相似文献
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Giorgio Monti 《Feminist Legal Studies》2000,8(3):367-377
This case note reviews the guidelines issued by Morison J. in the Employment Appeal Tribunal at the end of the decision in
Reed and Bull Information Systems Ltd v. Stedman [1999] I.R.L.R.299. The author argues that while the judge’s decision is to be welcomed in adopting an approach more sympathetic
to victims of sexual harassment, it also raises a number of problems by placing a burden on the victim to place the harasser
on notice that she does not welcome his conduct. The guidelines are likely to be usefully applied in any jurisdiction that
has rules forbidding sexual harassment. The author considers the guidelines from both a practical and a doctrinal angle and
indicates that the right to be free from sexual harassment is one that the courts are reluctant to protect like other civil
rights.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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Rachel Roth 《Feminist Legal Studies》2002,10(2):149-158
The United States Supreme Court, in its decision Ferguson v. City of Charleston,ruled that to conduct drug tests on pregnant women in public hospitals and to share that information with the police without
obtaining a search warrant amounted to a violation of the women's constitutional rights under the Fourth Amendment. Set within
the political context of public policy designed to monitor the activities of pregnant women and the ongoing incidence of prosecutions
for ‘foetal abuse’,this note shows how the Supreme Court’s decision, while on the one hand vindicating the rights of pregnant
women to be free from unlawful searches upon their person, does not definitively determine the important question of the extent
to which the state may regulate women’s behaviour during pregnancy.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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Derek Morgan 《Feminist Legal Studies》2001,9(1):57-67
This note examines the British case of Broidy v. St Helen's andKnowsley Health Authority in which Margaret Broidy was unsuccessful in anegligence action against the defendant Health Authority following an emergency caesareanoperation in which a hysterectomy had been performed as `essential'. Of particularfeminist interest is the fact that Broidy's claim for, inter alia, the costs of asurrogacy arrangement to be carried out in California was refused on the basis that it wasnot reasonable – the chances of success of the surrogacy arrangement being deemed tooremote. Set within the context of an increasingly prolific number ofworld-wide surrogacy stories, the Broidy decision is analysed as providing a recentillustration of some of the difficult implications of the reproductive option which surrogacyhas now become. 相似文献
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Sharon Cowan 《Feminist Legal Studies》2004,12(1):79-92
In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human
Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights.
This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human
Rights upholdingthe rights of transsexual people, the principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett. 相似文献
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Doris Buss 《Feminist Legal Studies》2002,10(1):91-99
The Yugoslav war crimes tribunal convictedthree men for their role in the mass rape ofMuslim women during the conflict inBosnia-Hercegovina. That decision is a landmarkin many respects, but primarily for itsdetermination that the rape of Muslim womenamounted to a crime against humanity. Thiscomment provides an overview of the decision,exploring the significance of recognising rapeas a crime against humanity within the contextof other developments in the area of wartimerape and sexual violence. The comment alsoprovides a brief review of the decision inlight of the author's previous scepticism aboutthe capacity for the Tribunal meaningfully toaddress violence against women. The commentconcludes that while many aspects of thedecision are promising, the war crimes trialitself may offer a limiting arena within whichto address wartime rape. 相似文献
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