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Law and Gender Commons

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Human Rights Law

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2014

Law and Society

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Full-Text Articles in Law and Gender

Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson Jan 2014

Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson

Eve Tilley-Coulson

Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. By displacing the victim, rather than the abuser, the government allows the cycle of violence to continue, while simultaneously breaking up families and creating disorder and instability. The economic and societal …


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Jan 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

Isaac Kfir

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture. Additionally, they also argue that women’s issues exist within the private realm. Accordingly, they assert that such reforms are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. Using the notion of …