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Articles 1 - 28 of 28
Full-Text Articles in Law
Hitting The Brakes On Child Trafficking: An Analysis Of Anti-Trafficking Legislation In Viet Nam, Linh K. Dai
Hitting The Brakes On Child Trafficking: An Analysis Of Anti-Trafficking Legislation In Viet Nam, Linh K. Dai
William & Mary Journal of Race, Gender, and Social Justice
Viet Nam is considered a country of origin for child sex trafficking, especially to Thailand, Cambodia, and China, all significant destinations for child sex tourism, a form of prostitution. Despite existing laws and policies in Viet Nam and elsewhere in Southeast Asia, child trafficking operations in the region have flourished. Viet Nam has been characterized as a country whose “[g]overnment . . . does not fully meet the [Trafficking Victims Protection Act’s] minimum standards for the elimination of trafficking but is making significant efforts to do so.” Viet Nam has demonstrated its commitment to preventing human trafficking, both within and …
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho
William & Mary Journal of Race, Gender, and Social Justice
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to “correct” the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect with systemic racism, producing a disproportionate impact on Black, queer, womxn. While the legal framework has evolved to better address sexual violence crimes, Black lesbians remain prone to falling through the legal cracks, and South African society continues to sanction the homophobia and misogyny that …
Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa
Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa
William & Mary Journal of Race, Gender, and Social Justice
Over the last century, the LGBTQ+ community has occupied a peculiar space in Cuba that has both resisted and acclimated to the ever-changing sociopolitical dynamics on the Island. This Article examines the Cuban queer community’s socio-legal history in pre- and post-Revolution Cuba along with its tumultuous synthesis into U.S. culture.
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson
William & Mary Journal of Race, Gender, and Social Justice
The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.
Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah
Black Lives Matter Abroad, Too: Proposed Solutions To The Racialized Policing Of Ethiopian Jews In Israel, Samy Abdallah
William & Mary Journal of Race, Gender, and Social Justice
This Note will first discuss the presence of Ethiopian Jews in Israel, and then compare their stature and rights (or lack thereof) to another insular group in Israel—Arab Palestinians. Finally, this Note will discuss possible solutions and remedies to these fatal police shootings. Considering that the possibility of criminal liability for officers is low, this Note will argue that both civil remedies and additional training for police are necessary to avert future shootings of Ethiopian Jews.
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao
Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao
William & Mary Journal of Race, Gender, and Social Justice
The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for health …
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
William & Mary Journal of Race, Gender, and Social Justice
In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …
Women's Quotas: Making The Case For Codifying Syrian Women's Political Participation, Jomana Qaddour
Women's Quotas: Making The Case For Codifying Syrian Women's Political Participation, Jomana Qaddour
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis
Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis
William & Mary Journal of Race, Gender, and Social Justice
For centuries, parents across the globe have utilized corporal punishment against children in the name of discipline. This Article is the first legal article to examine cross-national trends in child corporal punishment laws and to propose ideas for reducing its practice using the social norms approach. By examining 192 countries over a 46-year period, we shed light on emerging patterns. Additionally, by delving into countries’ self-reports regarding their compliance with the United Nations Convention on the Rights of the Child (CRC) treaty, we observe other unique patterns globally.
Notably, during the course of our empirical research and data collection (2017–2019), …
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah
Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah
William & Mary Journal of Race, Gender, and Social Justice
While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
William & Mary Journal of Race, Gender, and Social Justice
Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public …
Intersections Of Violence Against Women And Health: Implications For Health Law And Policy In Nigeria, Cheluchi Onyemelukwe
Intersections Of Violence Against Women And Health: Implications For Health Law And Policy In Nigeria, Cheluchi Onyemelukwe
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Why The Clarification Petition Filed By The Union Of India In The Transgender Case Is Incorrect In Law And In Bad Faith On The Question Of Reservation, Surabhi Shukla
William & Mary Journal of Race, Gender, and Social Justice
In this Article, I make an argument that the state, including the Government of India, is empowered by the Constitution of India to decide which classes qualify as “backward classes” for affirmative action measures under the Constitution. The Supreme Court of India has directed the government to include the transgender population as a backward class and to extend to them affirmative action measures such as reservation in public appointments and university admissions. In response, the Union of India has filed a clarification petition stating that it is incompetent to suo motu include the transgender population as a backward class and …
Women Who Kill Women, Rashmi Goel
Women Who Kill Women, Rashmi Goel
William & Mary Journal of Race, Gender, and Social Justice
This Article examines more closely the participation of mothers-in-law in India’s dowry murders to gain a better understanding of these dynamics and to expose the limits of existing reforms. I first turn to the participation of women in dowry death cases and the ways in which their participation challenges our conventional understanding of patriarchy and societal manifestation. In Part II, I provide an overview of dowry deaths in India. In Part III, I survey the different criminal provisions related to dowry deaths and demonstrate how these laws actually operate within a set of cultural practices that support female subjugation. Part …
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
William & Mary Journal of Race, Gender, and Social Justice
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, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment 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. …
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
Prostitutes, Orphans, And Entrepreneurs: The Effect Of Public Perceptions Of Ghana's Girl Child Kayayei On Public Policy, Sheryl Buske
William & Mary Journal of Race, Gender, and Social Justice
For a variety of reasons, including the growing disparity in resources and opportunities between Ghana’s mostly rural North and its urban South, the numbers and patterns of internal migration have changed dramatically over the last twenty years. Historically the province of men, and later women on a temporary basis that was tied to the rainy seasons, young girls between ten and sixteen years of age now make up the majority of the North-South migrants.
The lives of these girl migrants, who live and work in Ghana’s markets as porters, known locally as kayayoo, are complex and multifaceted. They endure …
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
William & Mary Journal of Race, Gender, and Social Justice
Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.
Secular Rights And Religious Wrongs? Family Law, Religion And Women In Israel, Pascale Fournier, Pascal Mcdougall, Merissa Lichtsztral
Secular Rights And Religious Wrongs? Family Law, Religion And Women In Israel, Pascale Fournier, Pascal Mcdougall, Merissa Lichtsztral
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller
Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer
The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock
A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson
There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming
"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Fighting Back Against The Taliban: The Case For Restoring Afghan Men And Women's Right To Self-Determination, Shannon A. Wiley
Fighting Back Against The Taliban: The Case For Restoring Afghan Men And Women's Right To Self-Determination, Shannon A. Wiley
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.