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Hamedanian F: Gendered Access to Family
Justice

Gendered Access to Family Justice

Women, Law, and Authoritarian Legalism

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women’s Equality

Hanging in the Balance

This is the essential practitioner's guide to animal welfare and animal protection law in the Crown Court and magistrates' courts of England. Animal law is a roughly stitched patchwork of domestic acts, regulations, orders and statutory codes, interlaced with international treaties, regulations and directives. The resultant body of law is immense: with acts still in force today dating back to the 1800s and dozens of enabling clauses permitting the tapestry constantly to evolve. Sometimes prosecutors use the law to protect animals, for instance by prosecuting those thought to have abused them. Other times defence advocates are those protecting animals, for instance by defending allegedly dangerous dogs from destruction. This guide sets out the law and provides practical advice for those on either side of the courtroom. The guide's primary focus is on criminal cases that concern kept animals, farmed animals, animals in science, wild animals, dangerous dogs and animal protection activists. It also features chapters on related civil orders in the magistrates' courts, as well as a practical chapter on funding in animal-related cases. This is the only guide of its kind, written as a handbook for frontline practitioners in England's criminal courts. It draws on decades of experience and is written by two experts, in consultation with an array of specialists in each practice area. This makes it a must-have book for anyone practising or wishing to practise animal welfare or animal protection law.

Animal Welfare and Animal Protection Law - A Practitioner’s Guide

Islamic Law in Context

Maqāṣid al-Sharīʿa and Intergenerational Justice

Governance of Common Resources and Islamic Law

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

A Cumulative Accountability Model for Transnational Arms Transfers

The Arms Trade, Corporate Accountability and International Law

Modern Studies in European Law

This book argues that the European Convention of Human Rights enshrines a right to freedom from violence, obliging states to anticipate and address risks of serious violence in all forms. It shows how that obligation has two elements. Firstly, states must respond to specific threats. Secondly, they must implement systemic measures to address more general risks of violence. It goes on to show how jurisprudence in the field has developed this flexible and comprehensive model, addressing the particular challenges violence presents. This new understanding, expertly set out in this study, provides a coherent framework for considering both existing controversies and future developments.

The ECHR Obligation to Avert Risks of Violence

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

For decades, LGBTI people simply did not exist in the language of international human rights law. No treaty named them, and no UN body addressed their demands. They had been written out of the universal promise of human rights. Based on archival research in Amsterdam and London, three years of participant observation at the UN, and in-depth interviews with activists, diplomats, and UN officials, Queer International Activism tracks the strategies, coalitions, and creative advocacy efforts through which LGBTI activists gradually inserted themselves into the world's most powerful human rights institutions. &nbsp;&nbsp;The book traces five distinct ways in which queer civil society organizations worked to reshape human rights subjecthood: reframing the meaning of universality; drafting their own international legal instruments; forging coalitions inside UN bodies; confronting the colonial assumptions embedded in global sexuality politics; and leveraging personal relationships and individual identity to open doors that formal institutional rules kept closed. But this is not a straightforward victory narrative. The power queer activists have won is real but precarious, built on relationships and opportunity rather than on deep institutional change, and the influence activists have gained depends on conditions that can disappear. As opposition to LGBTI rights escalates across the globe, this book underscores the urgency of understanding how queer activist changed the trajectory of human rights law, and how fragile these victories remain.

Crafting New Subjects of Human Rights

Queer International Activism

Same-Sex Marriage and Registered Partnerships critiques the interpretive approach of the Strasbourg Court to rights to marriage and registered partnership for same-sex couples under Articles 8, 12, 14 and Article 1 of Protocol 12 European Convention on Human Rights (ECHR), encompassing the findings in Fedotova and the post-Fedotova jurisprudence. It engages with natural law human rights theory and moral philosophy to provide insights into the underpinning normativity of rights to union-formalisation and marriage in light of the fundamental norms that inform the ECHR and international human rights more broadly. The book examines a current controversy in international human rights law, assessing the impact of Russia's withdrawal from the Council of Europe and the rise of conservative cultural nationalism on the legitimacy of the European human rights system. Using doctrinal and moral-legal theory, it argues for a more nuanced application of the European consensus doctrine and distinguishes principled incrementalism from the Court's increasingly indefensible position on same-sex marriage.

Gendered Access to Family Justice

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