Reproductive technologies and the legal determination of fatherhood

In Re D is the most recent in a line of cases to raise problems with the determination of legal fatherhood under s.28(3) of the Human Fertilisation and Embryology Act 1990. The judgments in In Re D are interesting in particular because they demonstrate the growing currency of the idea that a child has a right to ‘genetic truth’. They also further evidence the ‘fragmentation of fatherhood’. This case is best understood as part of a complex and ongoing negotiation of men’s role in the family in the light of shifting family forms.     

Promotion of Gender Equality at the Workplace: Gender Mainstreaming and Collective Bargaining in Italy

The article examines gender equality in collective bargaining and looks at the extent to which gender and equal opportunities issues have been mainstreamed in industrial relations systems in Italy where, despite the existence of old and new legislation on gender equality, there are persistently low levels of female employment and the precarious workforce is made up predominantly of women. The central question addressed in the article is whether the injection of a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, the article looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work. The article maintains that gender mainstreaming may fulfil its transformative potential as a catalyst for changing both the conceptual and analytical tools which the law deploys, provided it is envisaged as a three-fold strategy involving simultaneous processes of deconstruction, replacement and inclusive measures, together with deliberative forms of democracy and the imposition of a statutory positive duty on public authorities to mainstream equality.

Special Issue: Gender,Sexuality and Human Rights

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues.     

The Personal Is Political Yet Again: Bringing Struggles between Gender Equality and Gendered Next of Kin onto the Feminist Agenda

In spite of feminist criticism of the welfare state, Norwegian society is frequently perceived as gender-equal. As a truism of public discourse, gender equality affirms a neoliberal understanding of individuals as able to act independently and to freely choose their course in life. This article disrupts that truism with an analysis of a transitional process that occurred to a seemingly free and gender-equal married woman whose everyday life took an unexpected turn at the age of 50 when her husband was diagnosed with Alzheimer’s disease. Using an abductive method, we construct a narrative with this woman as the main character. We then use the narrative as an optical device for scrutinizing encounters between the notions “free and gender-equal woman” and “gendered next of kin”, analysing the situated becoming of gender and understanding the encounters’ potential for agency and resistance. The inquiry brings a pattern of gendered encounters into being, demonstrating how a seemingly free and gender-equal woman’s strength and independence become subordinating weaknesses in encounters with the welfare state. This paradox raises questions about the politics of everyday life in a presumably gender-equal society, brings new struggles onto the feminist agenda, and demands that the personal becomes political yet again.     

“It Is So Swedish That You Have to Work”. Returning Swedish Migrant Women’s Negotiations of Gender Equality and Heterosexuality

Notions of gender equality are strongly linked to the Swedish self-image. This article explores returning Swedish migrant women’s negotiations of heterosexual gender equality ideals based on their experiences of being housewives to middle- and upper-class men with work contracts abroad. From fieldwork conducted within two networks for returning Swedes, the article provides an analysis of the ways in which the women talk about work, gender equality, and domestic workers.

The analysis of the women’s accounts of gender relations shows that different ways of doing femininity are central in their narratives. By using the concepts “emphasized femininity” and “gender-equal femininity” the article highlights the different forms of femininity that can be traced in the women’s narratives. Drawing from the empirical examples, it is shown that the women are troubled by Swedish gender equality ideals and express a feeling of not “fitting in” after returning to Sweden. I suggest that the women’s articulations of not “fitting in” to (imagined) gender-equal Sweden tend to downplay the fact that they still have advantages that assist with “fitting in” from social positions such as class, whiteness, and (hetero)sexuality: positions which may create space for negotiating social norms in Sweden.     

对男女平等的再认识——兼论男女是否应当同龄退休

提倡男女平等,是社会进步的表现,体现了时代的文明。但男女平等不能简单地理解为男女一模一样。真正的男女平等应该体现在针对女性的不同特点给于与男性不同的待遇,正如《婚姻法》规定最低结婚年龄男女有别,《劳动法》禁止安排女职工从事矿山井下、森林伐木等重体力劳动一样。就退休年龄而言,无论男女延长退休年龄都是发展趋势,在现阶段,可以试行弹性退休制,尊重个人的选择。     

Mix-Ups, Mistake and Moral Judgement: Recent Developments in U.K. Law on Assisted Conception

Hard cases make bad law. In a matter of months, two such cases involving assisted reproduction have appeared before the U.K. High Court and legislation has been enacted. The common threads between them are consent and fatherhood. The first case concerns a ‘mistake’ resulting in sperm from the wrong man being used to create an embryo for a couple and the second the revocation of consent by a man to his former partner being allowed to use an embryo they created together. Furthermore, Parliament has intervened, passing legislation which sets out when sperm from a dead man may be used by his former partner to generate an embryo. This note argues that the three developments cannot be reconciled with one another and that the cases in particular, decided on a narrow legal basis, convey contradictory messages, leading in at least one instance to a gross injustice.     

Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. This revised version was published online in July 2006 with corrections to the Cover Date.