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Articles 1 - 10 of 10
Full-Text Articles in Law and Gender
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Theses and Dissertations
Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho
Theses and Dissertations
Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …
Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku
Humanitarian Protection In International Refugee Law, Sexism And Exclusion: Case For Human Rights Assessment, Carol Ijeoma Njoku
Theses and Dissertations
The overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition …
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Theses and Dissertations
Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.
Theses and Dissertations
The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment. Hence, …
The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal
The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal
Theses and Dissertations
The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …
Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish
Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish
Theses and Dissertations
This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts. …
International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha
International Human Rights : The Protection Of The Rights Of Women And Female Children In Africa : Theory And Practice, Eleazar Echezonachi Otiocha
Theses and Dissertations
Many governments all over the world have enacted laws and regulations to promote and protect the rights of women and female children. A lot of laws have been put in theory to give women equality with men. In reality or practice, many women all over the world still find it difficult to realize their rights. This study attempts to look at how far the laws on women rights, that is the law in books has become the law in practice/reality in many African states with Nigeria as a case study. This study acknowledges that in theory many African states have …
Transitional Authority In Iraq : Legitimacy, Governance And Potential Contribution To The Progressive Development Of International Law, Zakia Afrin
Theses and Dissertations
This work is intended to accomplish a number of objectives, including, among others: 1. An analyses, syntheses and examination in depth of all the international instruments relating the to formation of a Transitional Authority, the extent of its authority and the ecologies of effective authority. 2. A description of the foundation, legality and procedures undertaken by the Iraqi Transitional Authority; provision of a critical analysis of the same. 3. A suggestion of ways and means of implementation, compliance and enforcement of existing international norms related to Transitional Authorities and recommend modes of developing the jurisprudence in this area of law.