Spelling suggestions: "subject:"feminist jurisprudence."" "subject:"eminist jurisprudence.""
21 |
Le harcèlement sexuel sur le lieu de travail et la responsabilité civile de l'employeur : le droit suisse à la lumière de la critique juridique féministe et de l'expérience états-unienne /Lempen, Karine. January 2006 (has links)
Thesis (doctoral)--Université de Genève. / Includes bibliographical references (p. 359-383).
|
22 |
A critical investigation of the relevance of theories of feminist jurisprudence to African women in South AfricaMangwiro, Heather K January 2005 (has links)
Feminist theories emerged out of the revolutionary enthusiasm that swept the Western world during the late eighteenth and nineteenth century Europe. Based on the assumption that all persons have "inalienable or natural" rights upon which governments may not intrude, feminists in Europe and America advocated that equal rights should be extended to women who up to this point were not considered legal beings separate and deserving of these rights. Most African writers and feminists have argued that since most of the theories of feminist jurisprudence have their roots in this Euro-centric context, they cannot be applicable to African women and should therefore be discarded. The thesis acknowledges that to a certain extent their assertions are true. For years feminist jurisprudence has been restricted to an academic engagement with the law failing to take into account the practices and customs of different communities. It has largely been the realm of the middle class bourgeois white female and therefore has been inaccessible to the African woman. The thesis aims, however, to prove that these theories of feminist jurisprudence although Euro-centric have a place in the understanding and advancement of African women's rights in South Africa. In Chapter One the writer traces the history of South African women's rights and the laws that affect African women. Chapter Two presents the emergence of feminist theories and categories of feminism. The writer then seeks to identify the misunderstandings and tensions that exist between the two. The narrow conception of Euro-centric feminism has been that its sole purpose has been the eradication of gender discrimination, however, for African women in South Africa they have had to deal with a multiplicity of oppressions that include but are not restricted to gender, race, economic and social disempowerment. This is dealt with in Chapter Three. It is the opinion of the writer that despite these differences feminism does play a critical role in the advancement of women's rights in South Africa. Taking the South African governments commitment to the advancement of universal rights, the writer is of the opinion that African women can look to the example set by Western feminists, and broaden these theories to suit and be adaptable to the South African context. The answer is not to totally discard feminist theories but to extract commonalities that exist between African and European women, by so doing acknowledging that women's oppression is a global phenomenon. This is the focus of Chapter Four. To avoid making this work a mere academic endeavour, the writer in Chapter Five also aims, through interviews, to include the voices of African women and to indicate areas that still need attention from both the lawmakers and women's rights movements (Feminists). Finally, the writer aims to present a way forward, one that is not merely formal but also substantively attainable.
|
23 |
Brexit: A step back in Britain’s fight against human trafficking? : A comparative content analysis of the Modern Slavery Act 2015 and the EU Directive 2011/36Swartling, Malin January 2021 (has links)
Human trafficking has become an international issue of significant importance; it is the largest and most profitable organised crime after drugs and arms trafficking. Particular concern has recently been raised due to the Brexit potential ramifications on Human trafficking. There is a risk that the EU directive 2011/36 will be repealed as a result of Brexit. Accordingly, it has been questioned whether the UK national efforts and legislation concerning human trafficking are comprehensive and sufficient enough without the strengthening support of the EU and especially the EU directive 2011/36. Thus, this thesis aimed to determine the impact Brexit will have on human trafficking in the UK by investigating if there will be "gaps" in the UK national legislation on human trafficking. A comparative content analysis was conducted to analyse the UK national legislation on human trafficking, The Modern Slavery Act 2015 (MSA 2015). The Modern Slavery Act was compared with the EU directive 2011/36 to determine how the legislation differed. The method and analysis were conducted on both a latent and manifest level which means it both described the definitions and analysed how the definitions could be interpreted, hence how it affects reality. Based on what has commonly been argued the main reasons behind human trafficking in Europe, the content analysis focused on the definitions of human trafficking, prostitution and protection of migrant victims. Prostitution and migrations are frequently claimed to be the main reasons behind human trafficking in Europe. Due to the risk of the EU directive 2011/36 being repealed, the result of the thesis exhibits the need for the UK to update their national legislation. The MSA 2015 needs to become coherent with international agreements and strengthen the protection of victims of human trafficking. Due to the gendered nature of human trafficking, this research addressed human trafficking from a feminist perspective by applying the "dominance theory" and the "sameness theory". The feminist theories helped analyse and investigate the issue of human trafficking and the potential ramifications of Brexit. Applying the ideas illustrated the patriarchal structures surrounding human trafficking and within the MSA 2015.
|
Page generated in 0.081 seconds