Catching up on all the things the profs send for posting – my colleague Sean Rehaag sent this UN Workshop Report from December 2013 via the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict) to me some weeks ago, sorry for the delay. Looks very interesting.
Much important academic work has been done both to deconstruct gender stereotypes and biological essentialisms, and to theorize women’s rights. In the fields of international activism, policy and practice on conflict-related sexual violence, however, the discussion about gender has been blurred with and frequently subsumed into a necessary struggle for women’s rights in the face of historical indifference to the widespread subordination of women. Notwithstanding the importance of this struggle, the resultant discursive and policy focus on sexual and gender based violence as a women’s rights issue has become, from a policy and humanitarian perspective, a serious obstacle to prevention of and response to conflict related sexual and gender-based violence against men and boys, as practitioners lack both awareness of the issues, and the appropriate experience and skills with which to respond to male survivors. The predominance of this paradigm is evident in the fact that in most people’s minds, whether in rural villages in eastern DRC or in the corridors of power in key donor states, the field of ‘gender’, and the sub-field within that of SGBV, is understood to be about women. SGBV scenarios are populated by male perpetrators and female victims. pp8-9
Full report here. Includes Key resources starting at p 22. Slides from the July 2013 workshop, here.
Exec Summary here.
1. Inglis v. BC Minister of Public Safety (trial level successful demand for mother/baby in women’s prison to be reinstated on Charter grounds)
2. Homicide verdict from inquest jurors (5 women who performed this service for 8 months) in the death-while-incarcerated of 19 year old Ashley Smith.
3. Bedford. SCC unanimously strikes down all Canada’s prostitution laws (for non Canadians – sale of sex for money is legal but almost all the things you need to engage in it – especially safely engage – are not). Suspended judgement for a year.
OTHER NEW IN PRINT
A Legal History That’s Really About the Place of Law in History http://jotwell.com/?p=3884
Introduction: #Feminist #Jurisprudence and the Question of #Home Ann Genovese | feminists@law http://bit.ly/1iLdLOU +4 more papers
Univ of Toronto Law @UTLaw12 Dec Prof. Lisa Austin, @mgeist and others write “Our data, our laws” in @nationalpost http://fullcomment.nationalpost.com/2013/12/12/our-data-our-laws/ …
A fun read! The fourth wave of feminism: meet the rebel women | World news | The Guardian http://bit.ly/18A8DU1
[ok not new but!] from 2005 Remembering Favourite Feminist Legal Scholarship by Backhouse, Buss, Cairns Way, Gilbert http://bit.ly/18k8SHZ #remake?
in @Feministsatlaw Maria Drakopolou (Kent) Revisiting Feminist Jurisprudence: A Rehabilitation http://bit.ly/1gOjPll
“rape” law: Rubenfeld’s deception thesis taken on: @YaleLJournal Jed Rubenfeld responds to comments on his article from four scholars including Gowri Ramachandran (SWestern) in the YLJ Delineating the Heinous: Rape, Sex, and Self-Possession http://bit.ly/1iLcFmo (find the others here http://www.thepocketpart.org/. Rubenfeld then reiterates that sex-by-deception remains a problem for rape law: http://www.yalelawjournal.com/criminal-law-and-sentencing/1225-rape-by-deceptiona-response …
Higher Education: Look around – not a pretty sight
UK (if you are not following recent happenings in the UK, you should)
#highered in UK – Cdns, have a look at #fairpayinHE #occupysh [+context @guardiannews http://www.theguardian.com/higher-education-network/2013/dec/03/university-strike-3-december-pay … ) & ask: how long do we have?
Brenna Bhandar on “A Right to the University” on LRB blog http://bit.ly/18A2yXL #injunctions #protest #HigherEd #UK (for now)
Bright Spot! Quebec
Click here for UBC press page
Gillian Calder (UVic) and Lori G. Beaman (UOttawa) Eds.
Polygamy’s Rights & Wrongs: Perspectives of Harm, Family, and Law
Contents look really interesting – with a strong theme connecting them but quite diverse. They are described in Lori Beaman’s introduction, “Is Polygamy Inherently Harmful?”, which, happily, you can read as a sample, here. I hope your librarian is getting this (they may appreciate an email suggesting it). Great cover design too!
1 Plus Ça Change … ? Bountiful’s Diverse and Durable Marriage Practices / Angela Campbell
2 How Should Public Institutions Assess Religious Identity? The Case of Polygamy / Avigail Eisenberg
3 Polygamy and the Predicament of Contemporary Criminal Law / Benjamin L. Berger
4 Are They Not Us? A Personal Reflection on Polygamy / Arta Blanche Johnson
5 Reflecting on Polygamy: What’s the Harm? / Rebecca Johnson
6 Polygamy in the Parisian Banlieues: Debate and Discourse on the 2005 French Suburban Riots / Jennifer A. Selby
7 Polygamy and Race-Thinking: A Genealogy / Margaret Denike
8 Making Them Fit: The Australian National Census and Aboriginal Family Forms / Frances Morphy
9 The Raids at Short Creek and Yearning for Zion Ranch and the Law of Unintended Consequences / Martha Bradley-Evans
Conclusion: “To the Exclusion of All Others” — Polygamy, Monogamy, and the Legal Family in Canada / Gillian Calder
After a joke about sexual assault & consent appeared in their student paper, the McGill Law Feminist Collective engineered a takeover (including an apology) and a series of testimonies about consent and sexual assault. Worth your time.