{"title":"Struggle for Recognition: Theorising Sexual/Gender Minorities as Rights-Holders in International Law","authors":"Po-Han Lee","doi":"10.1007/s10691-021-09483-1","DOIUrl":"https://doi.org/10.1007/s10691-021-09483-1","url":null,"abstract":"<p>This article argues for the necessity of recognising the collective rights-holding status of ‘sexual and gender minorities’ (SGMs) by examining the limits of the discourse concerning sexual orientation and gender identity in international law. I consider both symbolic interactionism and queer theory, which are critical of the assumption that everyone subscribes to a gender and a sexual identity. The theorisation proposed here accounts for not only people who possess a relatively stable identity, but also people whose situations are not conclusively characterised but still require recognition justice. Not equating SGMs to LGBTI populations, I contend that the use of the term ‘SGMs’ should capture the sociocultural dynamics of the way in which one is made a ‘minority’. In light of the variations regarding sexual and gender norms in diverse contexts, SGMs are conceptually useful to accommodate differential experiences of nonconformity with the normative.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"44 14","pages":""},"PeriodicalIF":2.8,"publicationDate":"2022-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138513697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Artificial Wombs, Frozen Embryos, and Parenthood: Will Ectogenesis Redistribute Gendered Responsibility for Gestation?","authors":"Horn, Claire","doi":"10.1007/s10691-021-09482-2","DOIUrl":"https://doi.org/10.1007/s10691-021-09482-2","url":null,"abstract":"<p>A growing body of scholarship argues that by disentangling gestation from the body, artificial wombs will alter the relationship between men, women, and fetuses such that reproduction is effectively ‘degendered’. Scholars have claimed that this purported ‘degendering’ of gestation will subsequently create greater equity between men and women. I argue that, contrary to the assumptions made in this literature, it is law, not biology, that acts as a primary barrier to the ‘degendering’ of gestation. With reference to contemporary case law involving disputes over frozen embryos, I demonstrate that though reproductive technologies have already made it possible for gendered progenitors to have an ‘equal’ say in gestation, law mires the possibilities of these technologies in traditional stories of gendered parenthood. Looking to the way binary assumptions about gender limit the self-determination of trans men and nonbinary and genderqueer people who are gestational parents, I argue the ‘degendering’ of gestation will come not with artificial wombs but with the end of limited legal paradigms for gendered gestational parenthood.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"43 21","pages":""},"PeriodicalIF":2.8,"publicationDate":"2022-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138513704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Swethaa S. Ballakrishnen: Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite","authors":"Davina Cooper","doi":"10.1007/s10691-021-09479-x","DOIUrl":"https://doi.org/10.1007/s10691-021-09479-x","url":null,"abstract":"","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"44 13","pages":""},"PeriodicalIF":2.8,"publicationDate":"2022-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138513698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Feminist Legal StudiesPub Date : 2022-01-01Epub Date: 2022-07-15DOI: 10.1007/s10691-022-09491-9
Serhii Lashyn
{"title":"Transgender EU Citizens and the Limited Form of Union Citizenship available to them.","authors":"Serhii Lashyn","doi":"10.1007/s10691-022-09491-9","DOIUrl":"https://doi.org/10.1007/s10691-022-09491-9","url":null,"abstract":"<p><p>This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed as part of their fundamental status conferred by EU Treaties. The article points out that the current approach of including transgender discrimination in the purview of discrimination on the grounds of sex fails to tackle the issue because it is conceptually problematic and largely ineffective. As a solution to remedy the issue, the paper suggests overhauling the existent approach to trans discrimination in a way that makes it capable of ensuring that transgender persons enjoy their Union citizenship to its fullest extent.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"30 2","pages":"201-218"},"PeriodicalIF":2.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9284088/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40606429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Feminist Legal StudiesPub Date : 2022-01-01Epub Date: 2022-09-17DOI: 10.1007/s10691-022-09495-5
Annika Lindberg, Anna Lundberg, Elisabet Rundqvist, Sofia Häythiö
{"title":"Governing Through Ignorance: Swedish Authorities' Treatment of Detained and Non-deported Migrants during the COVID-19 Pandemic.","authors":"Annika Lindberg, Anna Lundberg, Elisabet Rundqvist, Sofia Häythiö","doi":"10.1007/s10691-022-09495-5","DOIUrl":"https://doi.org/10.1007/s10691-022-09495-5","url":null,"abstract":"<p><p>Tensions between migration enforcement and migrants' health and rights have gained renewed urgency during the COVID-19 pandemic. This article critically analyses how the pandemic has affected detained and deportable people in Sweden. Building on an activist methodological approach and collaboration, based on a survey conducted inside Swedish detention centres during the pandemic and the authors' research and activist engagement with migrants who are detained or legally stranded in Sweden, we argue that migration authorities' inadequate measures to protect detained and deportable people during the pandemic is a case of governance through ignorance enabled by structural racism. The article traces how this ignorance operates on a structural, institutional and micro-level, enabling public disregard and political irresponsibility for the harmful effects of migration enforcement. A broader aim of the article is to challenge the structural, societal and epistemic ignorance of the conditions for detained and deportable persons and to contribute to political change.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"30 3","pages":"309-329"},"PeriodicalIF":2.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9483432/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33499587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Feminist Legal StudiesPub Date : 2022-01-01Epub Date: 2022-08-23DOI: 10.1007/s10691-022-09489-3
Katyayani Sinha
{"title":"The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India.","authors":"Katyayani Sinha","doi":"10.1007/s10691-022-09489-3","DOIUrl":"https://doi.org/10.1007/s10691-022-09489-3","url":null,"abstract":"<p><p>Since 2014, two legislative actions, the Transgender Persons (Protection of Rights)Act 2019, and the Draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021, have been pivotal in re-inscribing the Indian state's colonial policing of queer kinship networks. By criminalising relationalities outside the heteropatriarchal conjugal home, the sexual subaltern is exposed to the state's mechanisms of rescue and rehabilitation. These developments have occurred alongside the constitutional recognition of privacy in <i>K.S. Puttaswamy v. Union of India</i> (2017) 10 SCC 1 and the decriminalisation of the anti-sodomy law in <i>Navtej Johar v. Union of India</i> 2018 (10) SCALE 386 which have been celebrated as victories of self-determination and dignity for queer kinship. These judicial pronouncements, although symbolically pertinent, fail to materially protect queer kinship, and with the contemporary advocacy around queer marriage, the need for legal and cultural recognition has obfuscated the substantive needs of pre-existing queer alliances. Queer communities continue to organise for their own emancipation and despite their vulnerability, queer visibility offers a public counter-narrative of resistance and survival against the brutalities of society and the state.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"30 3","pages":"281-307"},"PeriodicalIF":2.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9396582/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33441896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Authors Index of Volume 11","authors":"","doi":"10.1023/B:FEST.0000004691.84142.05","DOIUrl":"https://doi.org/10.1023/B:FEST.0000004691.84142.05","url":null,"abstract":"","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"11 1","pages":"325"},"PeriodicalIF":2.8,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1023/B:FEST.0000004691.84142.05","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43354920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Aya Gruber: The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration","authors":"N. Aaron","doi":"10.1007/s10691-021-09476-0","DOIUrl":"https://doi.org/10.1007/s10691-021-09476-0","url":null,"abstract":"","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"30 1","pages":"241 - 244"},"PeriodicalIF":2.8,"publicationDate":"2021-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43818152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}