Suchergebnisse

The right of transgender ('trans') persons to access gender-segregated space is neither a new controversy nor a conversation which is unique to the United Kingdom. Yet, despite increasingly charged political debates in North America, the question of trans access to single-gender facilities remains largely underexplored by British legal academics. In January 2016, the UK House of Commons Select Committee on Women and Equalities recommended expanding trans entry into single-gender services and communal accommodations under the Equality Act 2010. Using the Committee's report as a springboard for debate, this article considers the right of trans populations to use their preferred women-only and men-only spaces. Critically analysing the existing possibilities to exclude trans persons from services and accommodations, as well as the policy arguments which motivate this approach, the article demonstrates how, adopting common-sense, evidence-based reforms, Parliament can introduce legal rules which both prioritize user safety and respect trans dignity.

The possibility of individuals procreating post-transition has long stalked debates on transgender rights. In 1972, Sweden became the first European jurisdiction to formally acknowledge preferred gender. Under the original Swedish law, applicants for gender recognition were explicitly required to prove an incapacity to reproduce—either through natural infertility or through a positive act of sterilisation. Across the Council of Europe, 20 countries continue to enforce a sterilisation requirement. When considering reforms to their current gender recognition rules as recently as 2015, the Polish executive and the Finnish legislature both rejected proposals to remove mandatory infertility provisions. This article critiques the rationales for transgender sterilisation in Europe. It places transgender reproduction, and non-traditional procreation, in the wider context of European equality and family law. Adopting a highly inter-disciplinary framework, the article explores legal, social, medical, and moral arguments in favour of sterilisation, and exposes the weak intellectual and evidential basis for the current national laws. The article ultimately proposes a new departure for Europe's attitude towards transgender parenting, and argues that sterilisation should not be a pre-condition for legal recognition.

The right of transgender ('trans') persons to access gender-segregated space is neither a new controversy nor a conversation which is unique to the United Kingdom. Yet, despite increasingly charged political debates in North America, the question of trans access to single-gender facilities remains largely underexplored by British legal academics. In January 2016, the UK House of Commons Select Committee on Women and Equalities recommended expanding trans entry into single-gender services and communal accommodations under the Equality Act 2010. Using the Committee's report as a springboard for debate, this article considers the right of trans populations to use their preferred women-only and men-only spaces. Critically analysing the existing possibilities to exclude trans persons from services and accommodations, as well as the policy arguments which motivate this approach, the article demonstrates how, adopting common-sense, evidence-based reforms, Parliament can introduce legal rules which both prioritize user safety and respect trans dignity.

Chapter 1: Queering Outside the (Legal) Box: LGBTIQ People in the United Kingdom -- PART I: Colonising, Protecting, and Punishing Queer Outsidersin Law -- Chapter 2: Queer Legacies of Colonialism -- Chapter 3: Death Zones, Comfort Zones: Queering the Refugee Question -- Chapter 4: The DSSH model and the Voice of the Silenced:AderonkeApata: The Queer Refugee: I am a lesbian -- Chapter 5: Vulnerable and Threatening: varieties of exclusion for incarcerated Queer prisoners -- PART II: Queering the Outsides of Legal Gender and Sex -- Chapter 6: Genders that don't matter: Non-binary people and the Gender Recognition Act 2004 -- Chapter 7: Queering the Queer/Non-Queer Binary: Problematizing the "I" in LGBTI+ -- Chapter 8: The Best Place on the Planet to be Trans? Transgender Equality and Legal Consciousness in Scotland -- Chapter 9: Coming Inside and/or Playing Outside: The (Legal) Futures of LGBTIQ Rights in the United Kingdom.

"This collection of essays analyses how the diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry"--

Intro -- Acknowledgements -- Contents -- Table of Cases -- Table of Statutes -- List of Contributors -- Introduction -- I. Overview -- II. Structure -- III. Themes -- PART I: GENDER AND THE CRIMINAL LAW -- 1. Sexual Offences Law in Ireland: Countering Gendered Stereotypes in Adjudications of Consent in Rape Trials -- I. Introduction -- II. Rape Myths and Realities: The Attitude Problem in Rape Trials -- III. Defining Consent: The Criminal Law (Sexual Offences) Act 2017 -- IV. Unfinished Business: The Honest Belief Defence -- V. Beyond Legislative Reform: Extra-Legal Initiatives to Tackle Rape Stereotypes in the Courtroom and Beyond -- VI. Conclusion -- 2. Prostitution Law -- I. Introduction -- II. Historical Development of Irish Prostitution Law -- III. The Criminal Law (Sexual Offences) Act 1993 -- IV. The 2017 Reform -- V. Context for the 2017 Law Reform -- VI. Conclusion -- 3. Gender, Prostitution and Trafficking for Sexual Exploitation -- I. Introduction -- II. Trafficking for Sexual Exploitation: The Global and European Context -- III. International Response -- IV. An Ill-Informed Legal Approach -- V. An Inoperable Law -- VI. Failure to Recognise the Intersection of Gender, Migration, Prostitution and Trafficking for Sexual Exploitation -- VII. The Wider Implications -- VIII. Conclusion -- 4. Abortion Law in Ireland: Reflecting on Reform -- I. Introduction -- II. A New Constitutional Landscape -- III. Political Change towards Constitutional Reform -- IV. A New Legislative Landscape -- V. Conclusion -- PART II: FAMILY AND RELATIONSHIPS -- 5. Mapping a Transformed Landscape: Sexual Orientation and the Law in Ireland -- I. Introduction -- II. Criminal Laws and the Path to Decriminalisation -- III. Equality and Non-discrimination -- IV. Relationship Recognition: Civil Partnership -- V. The Path to Equal Marriage -- VI. Unfinished Business?

The Italian sovereign bond market experienced considerable disruption in May 2018 and subsequent months amid concerns about the fi scal implications of political developments in Italy. This episode is used to examine relationships among the euro area bond markets some six years after the euro area sovereign bond market crisis of 2009–2012. The main fi nding is that turbulence in a periphery Member State's bond market (in this case, Italy's) continues to have its strongest cross-border effects on other periphery countries' markets, while core Member States react by disengaging from the sovereign bond market where the disruption originates. The core-periphery distinction identifi ed among the 11 euro area Member States during the crisis then remains broadly intact. The implication for policy is that adverse country shocks continue to have asymmetrical effects within the euro area sovereign bond market. An emphasis on the sustainability of national public fi nances remains necessary, both to protect individual sovereigns against adverse market developments and to reduce the spillover of such shocks to other Member States.