Gender, citizenship and human reproduction in contemporary Italy

This article examines how the recently introduced law on assisted reproduction in Italy, which gives symbolic legal recognition to the embryo, came about, and how a referendum, which would have repealed large sections of it, failed. The occupation of the legal space by the embryo is the outcome of a crusade by a well-organised alliance of theo-conservatives. These groups see in reproductive medicine an uncontrolled interference with their notion of the natural order of things. Such a worldview requires a total ban on stem cell research, limitation of access to reproductive technologies and repressive laws to govern the area. This conservative dream scenario has come closer to being realised by the introduction of a law doing all of these things in the name of the protection of “Life”. In the case of this law, the “life” to be protected is the embryo. In the name of “Life”, scientific advances and individual liberty have been curbed. The politics of embryo citizenship is a politics which values the yet to come over the here and now, purgation over pleasure, and the transcendent over the material.     

A Local Authority v JB [2020] EWCA Civ 735; [2019] EWCOP 39

In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to make decisions in regard to sexual relations. Previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Notwithstanding the abundance of legal authority, including the recent appellate judgments of Hayden J in London Borough of Tower Hamlets v NB and AU (consent to sex) [2019] EWCOP 27. and B v A Local Authority [2019] EWCA Civ 913. there was a lacuna in the existing law in relation to what information was relevant for the purposes of assessing the issue of capacity to consent to sexual relations. Judges have traditionally adopted a protectionist stance in understanding “the information relevant to the decision” under s3(1) of the Mental Capacity Act 2005 (MCA), with an emphasis on whether P understood the risks of pregnancy and sexually transmitted diseases. However, the Court of Appeal in Re JB has broadened its interpretation of ‘relevant’ information to also include the ability to understand the importance of a partner’s consent to such relations. This is a welcome change to previous courts’ interpretations of the ‘nature’ of the sexual act, moving from an approach focused on the physical sexual mechanics to one which views the nature of sex as a mutually consensual engagement. However, a fundamental shift in how we view such cases is likely to have far-reaching consequences, particularly for local authorities and professionals seeking guidance in relation to their care planning.

     

Middle School Aggression and Subsequent Intimate Partner Physical Violence

This study examined the relationship between middle-school aggressive behaviors and young adults’ experiences as victims and perpetrators of intimate partner physical violence. As part of the Reach for Health longitudinal study, surveys were conducted with 977 8th graders who were resurveyed as young adults, when lifetime partner violence was assessed. In this economically disadvantaged sample, the prevalence of middle-school aggression and subsequent partner violence are high among both males and females. In middle school, 32% of girls and 42% of boys reported being in a recent fight and 12% of girls and 17% of boys had threatened another with a weapon. By the time they were 19–20 years old, about 35% of females and males reported being the victims of one or more forms of partner violence; 35% of females and 22% of males reported one or more forms of perpetration. Controlling for socio-demographic characteristics, middle-school aggression is a significant risk factor for partner victimization and perpetration. Early aggression remains an independent predictor of partner violence perpetration and victimization for males and perpetration for females when other middle-school risk behaviors and exposures to physical aggression in the childhood home are taken into account. To reduce partner violence through young adulthood, findings suggest the importance of early interventions that help adolescents learn non-violent strategies for resolving conflicts in cross-gender relationships.Principal Investigator for the study.Co-Principal Investigator and Senior Methodologist.Responsible for developing the survey instrument.Responsible for pilot testing the survey instrument and overseeing field operations.Responsible for data management and conducted statistical analyses.Responsible for convening the Community Advisory Board and developing the survey instrument.     

‘Whether you are gay or straight,I don’t like to see effeminate dancing’: effeminophobia in performance-level ballroom dance

This article discusses recent responses to performances of same-sex male ballroom dancing in order to consider the subtle difference which can exist between homophobia and effeminophobia. Given that the world of performance-level ballroom dancing is a gay-friendly environment, in which many participants are openly gay identified, this article will argue that a discourse of effeminophobia, rather than homophobia, underpins the world of performance-level ballroom dance. Performance-level ballroom dance is often read as camp not only because it represents exaggerated gender roles but because its official technique requires that the male dancer synthesise codes of masculinity and femininity in his dancing. What protects the gender-dissident male ballroom dancer from being read as effeminate is that he is paired with a female body performing excessive femininity. Without the foil of the hyper-feminine female partner, the same-sex couple draws attention to the fact that the male ballroom dancer is not dancing as a man but in accordance with ballroom’s queer construction of masculinity. Given that performance-level dance has struggled for so many years to be viewed as masculine sport, practitioners may, quite understandably, be anxious about any representation which suggests that ballroom dance may be an effeminate activity.     

Flamers,Flaunting and Permissible Persecution

This note analyses a recent case of the English Court of Appeal in which the applicant, R.G., a gay, H.I.V. positive Colombian claimed asylum on grounds of persecution due to his sexuality. Both the Asylum and Immigration Tribunal and the Court of Appeal rejected R.G.’s claim for asylum. The Court of Appeal’s first and most significant reason was that the alleged persecution was not sufficiently serious or life threatening, since R.G. had not suffered actual physical violence throughout the 13 years that he had lived as a closeted gay man in Colombia. Secondly, the court considered the real reason for R.G.’s seeking asylum was his desire to access free health care in order to manage his H.I.V. His allegations of persecution on the grounds of sexuality were viewed as a sham. This note is critical of the approach taken by the Court, which, it is argued, displays an insensitivity to the complexity of sexual identity and its performance and has the effect of perpetuating and legitimating discrimination against lesbians and gay men.     

Les Contrebandières: Woman as Smuggler

The summer of 1999 marked the end of an era in Morocco. For the majority of the Moroccan people political power had rested in the hands of one man for their entire lives. That man was King Hassan II and he was now dead. While he was a monstrous tyrant in the eyes of some, for many he was to be deeply mourned as a man who represented a link in a royal chain that could be traced back to the prophet Muhammed and as such was the embodiment of the faith, the Commander of the Faithful. It was to be Hassan's task to bring Morocco into the modern world, and sultan became king. This arduous task, however, necessitated a blunt and brutal approach to crush tribal dissidence and proletarian insurrection. Nonetheless, as his son Muhammed VI was inaugurated, the legacy of Hassan's passion for a united kingdom was evident in the political landscape. Before his death Hassan had made some amends with the demons he himself had unleashed. Prisoners of conscience were being freed, oppositional voices were being heard and new democratic structures were slowly being put in place. In effect, the ground had been laid for his son to take the nation in new directions. One of these was an increased attention to the position of women in Moroccan society. As her brother was being prepared for his new position in life, Lalla Meryem, Hassan's eldest daughter, was receiving wide coverage in the press for any number of initiatives and pronouncements. That such a highly placed woman should speak out was not simply the timely intervention of a dutiful daughter. To those familiar with Morocco, names such as that of Fatima Mernissi and Zakya Daoud will already be familiar. Both these writers had been asking difficult questions about the position of women in Moroccan society for several decades. Films such as Jillali Ferhati's Reed Dolls (1981) and The Beach of Lost Children (1991) played a similar role in questioning the society's treatment of women. In fact Moroccan fiction, right at its inception, in Driss Chraibi's first work Le Passe´ simple (1956), had sought to understand the dynamics of patriarchal family life and the role of the mother, a theme that echoes in the writing of Tahar Ben Jelloun. More recently the independence struggle has been seen from the perspective of a woman in the fascinating account of the period given in Leila Abouzeid's semi-autobiographical novel Year of the Elephant , which was excerpted in this very journal, or her more recently translated memoir Return to Childhood . So Lalla Meryem's intervention was perhaps not so surprising. What was more surprising was the appearance, at the same time, of reviews of an avowedly feminist collection of essays in newspapers such as Le Matin du Sahara , a paper widely seen as the mouthpiece of the government. The book was a collection of articles edited by Aïcha Belarbi and entitled Initiatives fe´minine . It was published by the small Casablanca publishing house Editions Le Fennec and is the latest in a list of publications about Moroccan women that stretches back to Portraits de femmes , published in 1987. That such a publication can achieve such a review speaks as much for the potential for change in Moroccan society as the pronouncements of the new king. Women: a cultural review would like to introduce the collection to English-speaking readers by translating one of the chapters in the book. Chemseddoha Boraki's 'Les Contrebandières' takes up the intriguing economic theme of smuggling in northern Morocco. Through the use of memory, literature and observation it interrogates both the role of smuggling in a country such as Morocco and the part played by women in that particular trade. Its conclusion demands that the image and position of women within Moroccan society be profoundly rethought.     

Same-Sex Couples and the Marriage Model

In Ghaidan v. Godin-Mendoza [2004] U.K.H.L. 30, the U.K. House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This note examines the five judgements delivered by the court and considers the implications of the decision. It argues that, within the context of family law, Mendoza was a welcome decision but an evolutionary dead-end. The case signals a more promising approach to the development of human rights, but the appropriate use and scope of s.3 of the Human Rights Act 1998 remain somewhat unclear.     

Understanding Sexual Harassment a Little Better Reed and Bull Information Systems Ltd v. Stedman

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.     

What Not To Wear: Islamic Dress And School Uniforms

In this appeal the House of Lords held that a school’s refusal to change its school uniform rules to accommodate the religious beliefs of one of its pupils did not constitute an interference with freedom of religion and the right to an education. This note asks whether the House of Lords by framing the issue as a matter of individual choice and informed consent may have underestimated the potential for social harm inflicted by a school’s unwillingness to accommodate certain types of religious beliefs where it has already adapted its school uniform rules for others. R (on the application of SB) v. Governors of Denbigh High School [2006] UKHL 15; [2006] 2 W.L.R. 719; [2006] 1 F.C.R. 613     

What Happens to Anti-Racism When We Are Post Race?

Despite the resistance from radical antiracist formations, autonomously organised by racialized minorities and migrants themselves, that can be witnessed in many spaces, the success with which antiracism has been both appropriated and relativized by the state as well as hegemonic activist voices poses a significant threat. The politics of diversity and the consensus around the notion that western societies are post-race contribute to portraying the critique of racism from people of colour as inaccurate, alienating and counter-productive to the achievement of social cohesion. The necessity of dismantling the idea of race as suggested by antiracist activists and scholars has been subverted in the deconstruction of the experience of racism by an ‘antiracialist’—rather than a more radical antiracist—agenda intent on relativizing the struggle against racism as one among many. The consequence of this in the context of postracialism is for racism itself to be departicularized and dissociated from its historical roots. Antiracism needs to reclaim the risk, that Goldberg argues is inherent to it, and rescue it from being universalised into meaninglessness.     

Mauritius 1938: the origins of a milestone in colonial trade union legislation

This article analyses the sociopolitical interactions that shaped an early colonial union statute that constituted a milestone because of its early passage, draconian nature and wider influence in the British Empire. We analyse the interactions between the Governor on the one hand and local and international actors on the other, to create the first trade union law in Mauritius. Colonial Office officials pressured the Governor to overcome local resistance to legislation, but this opposition and his attitudes shaped the law's content.     

公法视域下的劳动者个人信息保护——以保障劳动者知情同意权为研究视角

近年来,随着算法等人工智能技术越来越多地运用于劳动者管理中,劳动者的个人信息保护短 板日渐凸显。劳动者的个人信息保护问题在实践中较为常见,相关司法案例数量也日趋增多。经过对司法案例 的分析,发现私法在保护劳动者个人信息方面表现欠佳：一是在算法黑箱下劳动者知情同意原则难以得到落实, 二是劳动者很难通过合同审查模式主张其个人信息权利。由于劳动关系的不平等属性和个人信息权利的工具属 性,有必要引入公法对劳动者的知情同意权进行保护。劳动者个人信息权益的保护有赖于以各地劳动监察部门 为中心的行政监管,此种路径优于事后司法进行的合同审查。具体而言,劳动监察部门应在监督用人单位落实 知情同意原则的同时,根据技术准则动态调整知情同意原则实施的具体标准,在个案判定劳动者个人信息是否 受到合理保护时使用分类收集标准。     

The Influence of Individual and Partner Characteristics on the Perpetration of Intimate Partner Violence in Young Adult Relationships

This study examines individual and partner characteristics associated with the perpetration of intimate partner violence (IPV) in young adult relationships with opposite sex partners. Using data from Waves 1 and 3 of the National Longitudinal Study of Adolescent Health, this study examined 1,275 young adults’ heterosexual romantic relationships. Controlling for the effects of family and school correlates measured in adolescence, we examined the extent to which participants’ general violent behavior in young adulthood and their partners’ use of violence in their relationship influence participants’ IPV perpetration. We found that both having general violent tendencies and being a target of violence in a relationship influenced one’s likelihood of young adults perpetrating IPV. We also tested whether the overall influence of participants’ general violent behavior on IPV perpetration was moderated by their partners’ use of violence in the relationship. We found that young women’s greatest expression of violent tendencies emerged when in relationships with violent men; yet, when partnered with non-violent men, young women’s own violent tendencies did not lead to IPV. We found little evidence for the interactive effect for young men in the study. The lack of a significant interaction in the model indicated that young men’s general aggression was not conditioned on their partners’ use of physical aggression in their relationships.

The Interplay Between Interpersonal Stress and Psychological Intimate Partner Violence Over Time for Young At-Risk Couples

The substantial number of young people in romantic relationships that involve intimate partner violence, a situation deleterious to physical and mental health, has resulted in increased attention to understanding the links between risk factors and course of violence. The current study examined couples’ interpersonal stress related to not liking partners’ friends and not getting along with parents as contextual factors associated with couples’ psychological partner violence and determined whether and when couples’ friend and parent stress increased the likelihood of couples’ psychological partner violence. A linear latent growth curve modeling approach was used with multiwave measures of psychological partner violence, friend stress, parent stress, and relationship satisfaction obtained from 196 men at risk for delinquency and their women partners over a 12-year period. At the initial assessment, on average, the men were age 21.5 years and the women were age 21 years. Findings indicated that couples experiencing high levels of friend and parent stress were more likely to engage in high levels of psychological partner violence and that increases in couples’ friend stress predicted increases in couples’ partner violence over time, even when accounting for the couples’ relationship satisfaction, marital status, children in the home, and financial strain. Interactive effects were at play when the couples were in their early 20s, with couples being most at risk for increases in psychological partner violence if they experienced both high friend stress and low relationship satisfaction. Couples’ friend stress had the greatest effect on psychological partner violence when the couples were in their early to mid 20s when levels of friend stress were high. As the couples reached their 30s, low relationship satisfaction became the leading predictor of couples’ psychological partner violence.     

Who Gives and Who Gets: Why,When, and with Whom Young People Engage in Oral Sex

Surprisingly little is known about oral sex experiences among emerging adults, including the motives behind their participation in this sexual activity. The current study examined the characteristics of emerging adults’ most recent oral sex experience. A total of 431 young people (M age = 21.7 years; 71.7% female) completed an on-line survey assessing their sexual history, context (partner type, co-occurring sexual behaviors), and motives (physical, emotional, goal attainment, and insecurity) for engaging in their most recent heterosexual oral sex interaction. The majority of oral sex encounters occurred within the context of a committed relationship and during an interaction that also included intercourse. Cunnilingus was rare unless reciprocated with fellatio. Overall, both males’ and females’ reports indicate that they were motivated to engage in oral sex by sexual desire and attraction to their partner, or to enhance an emotional connection with their partner. Insecurity and goal attainment motives were uncommon. Males reported more physical motives than did females, and females reported more emotional and insecurity motives than did males. The findings provide insights into youths’ oral sex experiences, and make clear how essential it is to understand the broader sexual and partnership context in which a given sexual activity occurs. These findings have implications for policies aimed at the development of effective sexual health education programs.     

Which is it you want – equality or maternity leave?

In Alabaster v. Barclays Bank plc and Secretary of State for Social Security (No. 2: [2005] E.W.C.A Civ. 508, [2005] I.R.L.R. 576.) Michelle Alabaster won a grand total of ￡204.53 (plus ￡65.86 interest) after eight years of litigation, which included two visits to the Court of Appeal and one to the European Court of Justice. This marathon resulted from the sex discrimination which Alabaster had alleged in relation to the calculation of her Statutory Maternity Pay (S.M.P.) whilst she was pregnant 10 years earlier. The technicalities of the statutory schemes involved should not be allowed to disguise the important principle which finally emerges in the Court of Appeal and which underlines one of the longstanding criticisms of the equality legislation, namely the requirement that a woman must compare herself with a man in order to establish unlawful sex discrimination.     

Engendering Economic Policy: The Women's Budget Group

In these days, when feminist theory has been replaced by gender theory and activism by the practice of deconstruction, it is refreshing to find a group of women academics and voluntary sector campaigners coming together to engage with day-to-day issues of economic and social policy. Such is the London-based Women's Budget Group (WBG), which has set itself the task of creating a dialogue with treasury officials and ministers. Many of the issues have not changed much since 1974, when the Women's Liberation National Conference adopted the 'fifth demand' - legal and financial independence for women - and the London Women's Liberation Campaign for Legal and Financial Independence (commonly known as the 'fifth demand group') started working on the tax, benefit and pensions policies that treated husband and wife as a breadwinner-dependent couple with no need of separate incomes. The style may have changed: the fifth demand group used to alternate its more business-like meetings with consciousness-raising sessions, and go away together for weekends and days out in the country, whereas the WBG does much of its communicating by e-mail. The fifth demand group never even contemplated employing anyone or applying for funding or recognition; the WBG has administrative backup from the Women's National Commission, which is autonomous but located within the Cabinet Office, and at present has funding from the Barrow Cadbury Trust to employ a part-time project manager. The fifth demand group met in the living rooms and kitchens of suburban flats and collective houses; the WBG holds its meetings in the corridors of power in Whitehall, thanks to the Women's National Commission. The fifth demand campaign was an eclectic mixture of the presentation of arguments to the ruling establishment and more populist agitation. It gave evidence to parliamentary select committees, to official inquiries and to the Royal Commission on the Distribution of Income and Wealth; it produced an accessible and forcefully argued pamphlet and discussion pack--'The Demand for Independence'--that circulated widely among feminist groups (no longer available, but see London Women's Liberation 1979); it launched the YBA Wife campaign that attracted a flurry of media attention and an enormous post-bag in 1977. The WBG, on the other hand, has the ear of government; it has regular meetings with treasury officials and some nowadays with treasury ministers; it produces a detailed critique of the annual pre-budget report and a response to each year'sbudget; periodically it holds public meetings that attract back-bench and front-bench MPs, social affairs journalists, social policy experts and people active in related campaigns (most notably the one reported in Robinson 1998). In the intervening decades, much of what the fifth demand group campaigned for has been achieved. Husbands and wives are now taxed separately and the married man's tax allowance has been abolished. Married women can no longer opt to make more limited national insurance contributions in return for more limited rights to benefits. People who are married or cohabiting still cannot claim means-tested benefits separately from their partner; but at least either one of them can now be the claimant, rather than just the man. So the assumption that women are dependent housewives has been gradually eroded, but is far from being destroyed.     

A Pretty Fine Line: Life, Death, Autonomy and Letting it B

The cases of Diane Pretty and Ms B. raise crucial issues about decision-making and autonomy at the end of life. Ms B. was permitted her wish to die rather than live permanently dependent upon a ventilator because her case was constructed as one about withholding consent to medical treatment, which every adult with capacity has a right to do. Mrs Pretty, however, sought active intervention to end her life. Requiring assistance to die, and claiming that this was her human right, she sought an assurance that her husband would not be prosecuted if he helped her. Her claim was rejected and the assurance refused. The cases prompt questions about the nature of autonomy, the influence of others and the different way sin which medical and legal decisions are made. This revised version was published online in July 2006 with corrections to the Cover Date.     

Predictors of receiving counseling in a national sample of youth: the relative influence of symptoms,victimization exposure,parent–child conflict,and delinquency

This paper identifies factors that predict children’s use of counseling services within a 2-year period. Using two waves of data from a national survey of 1009 youth age 6–17, we describe differences in utilization by demographic characteristics and compare receipt of counseling between children who scored high versus lower on: (1) levels of mental health symptoms, (2) multiple victimization exposure; (3) levels of delinquency; and (4) parent–child conflict. Multivariate logistic regressions were also performed to examine the relative and independent effects of a these factors on receiving counseling. Results indicate that counseling was received by only one- quarter or less of the 10–17 year olds and one-third or less of the 6–9 year olds with the highest levels of symptoms, victimization or delinquency. For the 10–17 year olds, delinquency and parent–child conflict were better predictors of treatment than were mental health symptoms or victimization exposure. In contrast, younger children (age 6–9) were most likely to receive counseling if they lived in a single parent or stepfamily household. The findings suggest that more counseling should be made available to distressed and victimized children, particularly those who do not engage in high delinquency and conflict which tend to promote referral.