v anglickém jazyce Feminist Legal Theory The master's thesis deals with the feminist legal theory, a young and dynamic legal field which is one of the challenges of current law. This theory is a combination of law and gender studies. Its focus lies in Anglo-American system of law, in which it has a dignified place among legal theories. In the Czech legal system, the feminist legal theory is not well known, but for those interested, the Faculty of Law of Charles University opens a compulsory subject Gender and Law regularly in the summer semester. The thesis is based mainly on sources in English, which were made available to the students participating in this subject. In the Czech language, no comprehensive publication has yet been published on the topic of feminist legal theory. The objective of this thesis was to elaborate this extensive legal field and present it to potential Czech readers. The structure of the thesis consists of an introduction, three main content parts and a conclusion. The parts are further divided into chapters, paragraphs, and sections. The first part deals with the concepts of feminism and gender, which represent the basic theoretical basis for the study of feminist legal theory. A separate chapter is reserved for each of the concepts, classifying them in the historical...

Geo-immersive technologies digitally map public space for the purposes of creating online maps that can be explored by anyone with an Internet connection. This thesis considers the implications of their growth and argues that if deployed on a wide enough scale they would pose a threat to the autonomy of Canadians. I therefore consider legal means of regulating their growth and operation, whilst still seeking to preserve them as an innovative tool. I first consider the possibility of bringing invasion of privacy actions against geo-immersive providers, but my analysis suggests that the jurisprudence relies on a reasonable expectation of privacy approach that makes it virtually impossible for claims to privacy in public to succeed. I conclude that this can be traced to an underlying philosophy that ties privacy rights to an idea of autonomy based on shielding the individual from the collective. I argue instead considering autonomy as relational can inform a dialectical approach to privacy that seeks to protect the ability of the individual to control their exposure in a way that can better account for privacy claims made in public. I suggest that while it is still challenging to craft a private law remedy based on such ideas, Canada’s data protection legislation may be a more suitable vehicle. I criticize the Canadian Privacy Commissioner’s current approach to geo-immersive technologies as inadequate, however, and instead propose an enhanced application of the substantive requirements under Schedule 1 of PIPEDA that is consistent with a relational approach to privacy. I suggest this would serve to adequately curtail the growth of geo-immersive technologies while preserving them as an innovative tool. I conclude that despite criticisms that privacy is an inadequate remedy for the harms of surveillance, in certain commercial contexts the fair information principles can, if implemented robustly, serve to regulate the collection of personal information at source in a fashion that greatly restricts the potential for those harms.

Geo-immersive technologies digitally map public space for the purposes of creating online maps that can be explored by anyone with an Internet connection. This thesis considers the implications of their growth and argues that if deployed on a wide enough scale they would pose a threat to the autonomy of Canadians. I therefore consider legal means of regulating their growth and operation, whilst still seeking to preserve them as an innovative tool. I first consider the possibility of bringing invasion of privacy actions against geo-immersive providers, but my analysis suggests that the jurisprudence relies on a reasonable expectation of privacy approach that makes it virtually impossible for claims to privacy in public to succeed. I conclude that this can be traced to an underlying philosophy that ties privacy rights to an idea of autonomy based on shielding the individual from the collective. I argue instead considering autonomy as relational can inform a dialectical approach to privacy that seeks to protect the ability of the individual to control their exposure in a way that can better account for privacy claims made in public. I suggest that while it is still challenging to craft a private law remedy based on such ideas, Canada’s data protection legislation may be a more suitable vehicle. I criticize the Canadian Privacy Commissioner’s current approach to geo-immersive technologies as inadequate, however, and instead propose an enhanced application of the substantive requirements under Schedule 1 of PIPEDA that is consistent with a relational approach to privacy. I suggest this would serve to adequately curtail the growth of geo-immersive technologies while preserving them as an innovative tool. I conclude that despite criticisms that privacy is an inadequate remedy for the harms of surveillance, in certain commercial contexts the fair information principles can, if implemented robustly, serve to regulate the collection of personal information at source in a fashion that greatly restricts the potential for those harms.

Magister Legum - LLM / This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, socio-economic and cultural structures contributing to South Africa’s national food crisis. In so doing, it argues that legislation on the right to food with specific gender considerations is essential for ensuring food security for female students on campuses in particular and women in general.

This research aim was to investigate any gap in the international and national legal framework regarding sex trafficking and prostitution, as well as to identify areas for improvement to better protect victims. The research took on a feminist perspective to critique these laws and used Thailand's national framework for further research on how anti-trafficking and prostitution work on a national level. The feminist views come from feminist legal theory as well as radical feminism. Feminist theories are combined with existing literature, along with a qualitative method, legal analysis, and feminist legal method for examining legal frameworks addressing sex trafficking to find gaps in the field. Thailand was chosen due to it being a country with high problems with sex trafficking and prostitution. Thailand has also tried to combat these problems by implementing laws such as the Anti-Trafficking in Persons Act 2008 as well as The Prevention and Suppression of Prostitution Act 1996. Thailand has also signed The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children which was relevant to this thesis.  In summary, legal feminists and radical feminists share many important perspectives about the gaps and improvements that need to be made in the international and legal framework concerning prostitution and sex trafficking. Some of the gaps are that laws fail to address the root causes of prostitution and sex trafficking, struggles with interpretation, and criticism like MacKinnon's claim that laws are fundamentally gendered and cannot be neutralized. furthermore, Thailand's anti-trafficking laws fail to recognize prostitution as trafficking, which criminalizes women in the industry. Rather than handling the demand side (those who pay for sex) the emphasis frequently tends toward prosecuting traffickers, while failing to address enough protection for victims. solutions for the gaps partly involve guidelines for Thailand's officers to easily identify victims.

[pt] Ao longo das últimas décadas, a possibilidade de se assegurar a emancipação da mulher pelo Direito foi empenhada em diversas frentes: consideração de direitos civis e políticos, lutas por direitos reprodutivos e, significativamente, pela tipificação e erradicação de diversos tipos de violências. A partir de uma perspectiva que toma o gênero como fator relevante para a definição do lugar que o sujeito ocupa na vida social, os movimentos feministas têm procurado problematizar o quanto homens e mulheres são impactados de formas diferentes pelo império do Direito. Tendo como principal eixo teórico a obra de Axel Honneth, cuja teoria do reconhecimento permite a compreensão dos conflitos sociais sob a ótica das relações intersubjetivas, a negação do reconhecimento jurídico feminino pode ser visualizada como uma forma de manutenção de uma esfera pública predominantemente masculina. Diante deste panorama, a primeira parte desta dissertação procura examinar o quanto a releitura do Direito por uma ótica feminista foi significativa para a reversão gradual desse quadro. Para cumprir esse objetivo, a pesquisa examina o desenvolvimento das teorias feministas do Direito, sistematizado por Martha Chamallas, e a importância da litigância feminista neste campo para politizar temas anteriormente restritos à esfera privada, tendo como principal objeto a categorização do assédio sexual em suas diversas manifestações. Após apresentar a utilização estratégica do Direito pelas litigantes feminitstas, em um segundo momento, a dissertação procura explorar as recentes atuações pela consideração legal do assédio nas ruas. Por fim, são apresentadas narrativas de mulheres apontando esta interação como responsável pela restrição de liberdades basilares da vida pública democrática.Ao longo das últimas décadas, a possibilidade de se assegurar a emancipação da mulher pelo Direito foi empenhada em diversas frentes: consideração de direitos civis e políticos, lutas por direitos reprodutivos e, significativamente, pela tipificação e erradicação de diversos tipos de violências. A partir de uma perspectiva que toma o gênero como fator relevante para a definição do lugar que o sujeito ocupa na vida social, os movimentos feministas têm procurado problematizar o quanto homens e mulheres são impactados de formas diferentes pelo império do Direito. Tendo como principal eixo teórico a obra de Axel Honneth, cuja teoria do reconhecimento permite a compreensão dos conflitos sociais sob a ótica das relações intersubjetivas, a negação do reconhecimento jurídico feminino pode ser visualizada como uma forma de manutenção de uma esfera pública predominantemente masculina. Diante deste panorama, a primeira parte desta dissertação procura examinar o quanto a releitura do Direito por uma ótica feminista foi significativa para a reversão gradual desse quadro. Para cumprir esse objetivo, a pesquisa examina o desenvolvimento das teorias feministas do Direito, sistematizado por Martha Chamallas, e a importância da litigância feminista neste campo para politizar temas anteriormente restritos à esfera privada, tendo como principal objeto a categorização do assédio sexual em suas diversas manifestações. Após apresentar a utilização estratégica do Direito pelas litigantes feminitstas, em um segundo momento, a dissertação procura explorar as recentes atuações pela consideração legal do assédio nas ruas. Por fim, são apresentadas narrativas de mulheres apontando esta interação como responsável pela restrição de liberdades basilares da vida pública democrática. / [en] Throughout the last decades, the possibility of ensuring the emancipation of women through the Law has been committed on several fronts: consideration of civil and political rights, struggles for reproductive rights and, significantly, the typification and eradication of various types of violence. From a perspective that takes gender as a relevant factor for the definition of the place that the subject occupies in social life, the feminist movements have tried to problematize how much men and women are impacted in different ways by the rule of Law. Having as main theoretical axis Axel Honneth s work, whose theory of recognition allows the understanding of social conflicts from the point of view of intersubjective relations, the denial of female legal recognition can be viewed as a way of maintaining a predominantly male public sphere. Given this panorama, the first part of this dissertation tries to examine how the rereading of the Law in a feminist perspective was significant for the gradual reversion of this picture. In order to fulfill this objective, the research examines the development of feminist legal theories, systematized by Martha Chamallas, and the importance of feminist litigation in this field to politicize subjects previously restricted to the private sphere, having as main object the categorization of sexual harassment in its various manifestations. After presenting the strategic use of Law by feminist litigants, the dissertation seeks to explore recent actions for the legal consideration of street harassment. Finally, narratives of women are presented, understanding this interaction as responsible for the restriction of basic freedoms of democratic public life.

Sexual harassment in workplace policies and legal procedures, which are strongly affected by the patriarchy that exists in the legal system, mistreat millions of victims annually. Through the implementation of the WPR Analysis on the Code of Conduct in Public Services on preventing […] sexual harassment in the workplace of the Republic of Cyprus and on C. v. Romania ECtHR case (application no. 47358/20), this thesis aims to present the problems representations, the taken-for-granted knowledge, the stereotypes and the origins of the patriarchal-biased labour policies and legal procedures concerning sexual harassment in the workplace. Along with the use of the legal feminist theory, this thesis presents that in these procedures the problems are represented to be the lack of training among employees and the victims’ behaviors. This results in the marginalization and mistreatment of the victims (women, trans, non-binary, homosexuals, even men) by these patriarchal affected procedures while it is illustrated how gender and sexual orientation are determinative to these male-biased procedures.

Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.

No description available.

In recent years, there has been a rise of consent laws in Europe – that is, sexual harassment laws based on consent rather than forms of violence. The laws can be viewed as a type of morality policies, which aspire to change key values regarding sexual relations and rape, especially among adolescents. However, research on laws' abilities to affect opinions is limited and foremost conducted in an American context. At the same time, consent is a term that has been taken for granted, by both the research community and the general public. In what way do those that are targeted by such consent laws reason about consent and rape? Through in-depth interviews with a selection of Swedish adolescents, this paper investigates the ways consent and rape are understood by those targeted by the new Swedish consent law introduced in 2018. This is done against a feminist legal theorybackdrop. Do the young adults share the views that the law intended for them, and can it be an indicator of the normative potential of morality laws? The findings show that Swedish teenagers share crucial views with the law regarding the fact that consent is the sole decisive factor concerning rape. Violence and the intentions of the perpetrator are insignificant. Interestingly, the young adults show deviating views regarding rape and consent among people in relationships, as well as sex as a result of nagging. Taken together, the results deepen our understanding of how adolescents view rape and the complexity of the concept of consent.