Gender Perspectives in Private Law

Description

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality. Preface Contents About the Editors Gender Issues in Private International Law 1 Introduction 2 The Notion of Gender in Private International Law Research and Methodology 3 Personal and Property Consequences of Matrimony Through Gender Equality Prism 3.1 Personal Name 3.2 Matrimonial Matters and Gender 3.2.1 Celebration of Marriage 3.2.2 Divorce 4 Gender Aspects of International Family Law 4.1 Parenthood in Transnational Surrogacy 4.2 Child Abduction 5 Domestic Violence Against Cross-Border Mobile Woman 6 Conclusion References The Reproduction of Gender Difference and Heteronormativity in Family Law 1 Introduction 2 Legally Recognized Relationships 3 The Attribution of Legal Parenthood 4 The Division of Marital Property on Divorce 5 Arrangements for Post-Separation Parenting 6 Conclusion References Family Matters: Gender, Community and Personal Laws in India 1 Introduction 2 Antecedents 3 The Religious as the Personal: Law, Gender, Justice 4 Women in Action: Negotiating Community, Law, and Justice 5 Toward a Conclusion References Compensation for Damages Suffered by Women Performing Unpaid Domestic Works 1 Introduction 2 The Pecuniary Value of Domestic Work and Gender 3 A View of Comparative Law 4 The Pecuniary Dimension of Domestic Damage 4.1 Pecuniary and Non-Pecuniary Damage 4.2 The Loss of the Ability to Carry Out Domestic Chores 4.3 Compensation for Pecuniary Damage Even if the Victim Receives Help for Free 5 Calculation of Compensation 5.1 The Replacement Cost Actually Incurred After the Accident 5.2 The Assessment of Compensation for Loss of the Ability to Maintain the Household 5.3 When the Housewife Had Hired External Domestic Help Before the Accident 5.4 Performing Domestic and Paid Work Before the Accident 5.5 The Assessment of Compensation in the Case of a One-Person Household 5.6 The Economic Assessment of the Injured Housewife´s Professional Reintegration 6 Conclusion References The Best Interests of the Child and Gender Perspective 1 Some General Ideas on the Best Interests of the Child 2 Child´s Interests and Parental Responsibility 3 Child´s Interests and Work-Life Balance 4 Child´s Interests and Custody 5 Conclusion References Gender Perspective of Development of Labour Law 1 Treatment of Gender Issues in Classical Labour Law 1.1 Labour Law in the Second Half of 19th and First Decades of 20th Century 1.2 Period Following the End of World War II 2 Use of Gender as an Analytical Category in Labour Law 2.1 Progress in Building a Legal Framework for Prevention and Protection Against Gender-Based Discrimination 2.2 Unresolved Problems 2.3 Contribution of International Standards to Gender Sensitization of Labour Law 3 Gender Perspective of Current Tendencies in the Development of Labour Law 3.1 Economic and Political Turn Towards Neoliberalism 3.2 Demographic Changes 3.3 Economic and Financial Crisis 4 Conclusion References Leading or Breeding; Looking Ahead: Gender Segregation in the Labour Market and the Equal Distribution of Family Responsibilit... 1 Introduction 2 Gender Equality and Family-Friendly Policies 2.1 Relevant EU Legislation 2.2 National Maternity, Paternity, and Parethood Policies: Different Steps to Same Goals 2.3 ``Mother Educator´´ and ``Parent Educator´´: Childcare or Gender Discrimination? 2.4 Paternity Leave: A New Way or Just One Step? 3 Gender Segregation in the Labour Market and Family Responsibilities 4 Concluding Remarks References Legal Approaches to Protection Against Gender-Based Violence and Harassment at Work with a Particular Focus on the Situation i... 1 Introduction 2 Gender-Based Harassment at Work Through the Legal Approaches in the United States and the European Union 2.1 Harassment and Sexual Harassment in the United States 2.2 Harassment and Sexual Harassment in the European Union 2.3 Other Significant Issues Related to Harassment and Sexual Harassment 3 Gender-Based Harassment in the Field of Employment and Work in the Legislation of North Macedonia 3.1 Defining the Term Gender-Based Harassment in the Context of Macedonian Legislation 3.2 Prevention and Protection against Harassment 3.3 Legal Remedies and Sanctions 4 Conclusion References Digital Work and Gender Equality 1 Introduction 2 Theoretical Framework of Gender Equality 3 Legal Framework of Gender Equality at Work 4 Gender (In)Equality at Work 5 Gender Equality Challenges in Digital Work 5.1 Digital Skills Gap and Digital Divide 5.2 Gender Pay Gap in the Digital Platform Work 5.3 Digital Work as a Double Burden of Paid and Unpaid Work 5.4 Exclusion of Social Rights in Platform Work 5.5 The Right to Disconnect in the Context of Gender Equality 6 Covid-19 and Gender Equality 7 Conclusion References Conventions, Reports, Strategic Documents Web sites Gender Discrimination: Procedural Issues Between Procedural Autonomy, EU Provisions and Effectiveness of Judicial Protection 1 Preliminary Remarks 2 Gender Equality From a Procedural Viewpoint 3 Access to Justice 3.1 Multiple Discrimination 4 Legal Standing 5 Burden of Proof 6 Sanctions 7 Conclusions References Gender Perspectives in Mediation 1 Introduction 2 Gender-Sensitive Conflict Analysis 3 Gender-Based Power Imbalance in Mediation 4 The Impact of Gender Stereotypes and Prejudices on Mediation Process and Its Outcome 5 Conclusion References