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University of Michigan Law School

Sexuality and the Law

Series

2022

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Full-Text Articles in Law

Gendered Normativities: The Role And Rule Of Law, Susanne Baer Jan 2022

Gendered Normativities: The Role And Rule Of Law, Susanne Baer

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In the 21st century, human rights are as present as they are endangered. Specifically, sex/gender equality rights are contested, or actively abridged, which is to be understood as an attack on women and on people who do not fit a ‘normal’ pattern of gender relations. Yet in addition, these are attacks on democratic constitutionalism itself. The article argues that to properly understand the recent contestations of human rights, one must distinguish between critique and attack, and revisit the very form and content of human rights, to deal with law’s ambivalence, such as ‘legal colonialism’, and also take into account critical …