Wednesday, April 30, 2014

India Supreme Court to Hear "Sodomy" Case

So begins the story

India’s Supreme Court has agreed to hear pleas against the controversial sodomy law that recently re-criminalized gay sex.

In July 2009, the Delhi High Court overturned a colonial-era ban on same-sex intercourse. Four years later, on Dec. 11, 2013, the country's Supreme Court reenacted Section 377 of India's Penal Code, which states, "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

 

April 30, 2014 in International, LGBT | Permalink | Comments (0)

Monday, April 28, 2014

Japan's First Lady Joins LGBT Parade

On April 27, this news was reported: 

Japan’s first lady, Akie Abe, wife of conservative Prime Minister Shinzo Abe, joined the festivities, standing on a float (pictured, below, in white) amid a sea of 3,000 marching participants.

Akie Abe, 51, known for her liberal inclinations, wrote on herFacebook page later that she has been involved in the issue since joining a commission set up by UNAIDS and the Lancet medical journal last year, reports AFP.

“I want to help build a society where anyone can conduct happy, enriched lives without facingdiscrimination,” she wrote. “I had the pleasure of spending fun time filled with smiles. Thank you.”

April 28, 2014 in International, LGBT | Permalink | Comments (0)

Friday, April 18, 2014

India Supreme Court on Transgender

"It is the right of every human being to choose their gender," the India Supreme Court said in granting rights to those who identify themselves as neither male nor female.

And:  

It ordered the government to provide transgender people with quotas in jobs and education in line with other minorities, as well as key amenities.

According to one estimate, India has about two million transgender people.

More: 

"Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue," Justice KS Radhakrishnan, who headed the two-judge Supreme Court bench, said in his ruling on Tuesday.

"Transgenders are also citizens of India" and they must be "provided equal opportunity to grow", the court said.

"The spirit of the Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender."

April 18, 2014 in International, LGBT | Permalink | Comments (0)

Friday, April 11, 2014

Philippine Supreme Court Upholds Contraceptive Law

From Amnesty International: 

The Philippine Supreme Court’s decision on Tuesday to uphold a landmark reproductive health law as constitutional is an important victory for millions of Filipino women and girls, Amnesty International said. 

More: 

The court’s decision, which will require the government to provide free contraception to millions of the nation’s poorest women, is being welcomed by activists across the country. 

“Today’s Supreme Court ruling is a victory for the independence of the judiciary and means that millions of women and girls have a right to access medical services and information they need,” said Hazel Galang-Folli, Amnesty International’s Researcher on the Philippines. 

And lastly: 

In a country where 80 percent of the population is Roman Catholic, surveys have shown that 72 percent of Filipinos support the law. 

April 11, 2014 in International | Permalink | Comments (0)

Wednesday, April 2, 2014

And from Sydney....

The story

A Sydney resident who fought to be legally recognised as being of non-specific sex has hailed a High Court ruling that New South Wales laws do permit the registration of a category of sex other than male or female.

And: 

Norrie was born male but had a sex change and now does not identify as specifically male or female.

After a four-year legal battle, Norrie has won the right to be legally recognised as being of non-specific sex.

April 2, 2014 in International, LGBT | Permalink | Comments (0)

Hopeful News from Afghanistan

 

From the NYT: 

She used to wear a burqa in public, but now has had her face printed on thousands of ballot pamphlets for the provincial council in Wardak. She campaigns in person in a district, Saydabad, that is thick with Taliban.

The woman in question is 28 year-old Mariam Wardak's mother, who is running for public office in Afghanistan.  More: 

There is finally the sense here, after years of international aid and effort geared toward improving Afghan’s women’s lives, that women have become a significant part of Afghan political life, if not a powerful one.

On the other hand:  

But their celebratory moment is also colored by the worry that those gains could so easily be reversed if extremists come back into power, or if Western aid dwindles. Those concerns have added urgency to this campaign season for women who are fighting to make their leadership more acceptable in a still deeply repressive society.

April 2, 2014 in International, Race, Religion | Permalink | Comments (0)

Thursday, March 20, 2014

McKanders on the Moroccan Feminist Spring

From the introduction to Karla Mari McKanders (Tennessee), Anatomy of an Uprising: Women, Democracy, and the Moroccan Feminist Spring, 32 Boston U. Int'l L. J. 147 (2014)
 
“Women may have sustained the Arab spring, but it remains to be seen if the Arab Spring will sustain women.”
 
An “uprising” is defined as “an act or instance of rising up; especially: a usually localized act of popular violence in defiance usually of an established government.” The Moroccan Arab Spring certainly qualifies as an act of rising up against the established government. Although Morocco was not prominently featured in media representations of violence during the regional Arab Spring, Morocco experienced changes in its government and constitution. This uprising was called the Mouvement du 20-Février (“The Twentieth of February Movement”). What is most notable *149 about this uprising is that women were at the forefront. Many Moroccan women seized the opportunities that revolutions across the Arab world presented and developed their own agenda for Morocco's future.4Whether women will remain in the forefront of the movement as the Moroccan government institutionalizes their demands or whether they will fall into the background of the changing Moroccan government is a complex question.

March 20, 2014 in International | Permalink | Comments (0)

Tuesday, March 11, 2014

The Lack of Lawyers and Access to Justice

This is an important piece of the puzzle over the future demand for lawyers.  It's not just about what Wall St. is willing to pay for lawyers.  There still is tremendous need for lawyers particularly in cases of family matters, landlord tenant, immigration, and cases with poor and minority plaintiffs.  Such need that, as the article suggests, it constitutes an access to justice issue, if not an international human rights issue. 

March 11, 2014 in International, Poverty | Permalink | Comments (0)

Saturday, March 8, 2014

March 8 is International Women's Day

Today is International Women's Day:

Since its birth in the socialist movement, International Women's Day has grown to become a global day of recognition and celebration across developed and developing countries alike. For decades, IWD has grown from strength to strength annually. For many years the United Nations has held an annual IWD conference to coordinate international efforts for women's rights and participation in social, political and economic processes. 1975 was designated as 'International Women's Year' by the United Nations. Women's organisations and governments around the world have also observed IWD annually on 8 March by holding large-scale events that honour women's advancement and while diligently reminding of the continued vigilance and action required to ensure that women's equality is gained and maintained in all aspects of life.

 

IWD is now an official holiday in Afghanistan, Armenia, Azerbaijan, Belarus, Burkina Faso, Cambodia, China (for women only), Cuba, Georgia, Guinea-Bissau, Eritrea, Kazakhstan, Kyrgyzstan, Laos, Madagascar (for women only), Moldova, Mongolia, Montenegro, Nepal (for women only), Russia, Tajikistan, Turkmenistan, Uganda, Ukraine, Uzbekistan, Vietnam and Zambia. The tradition sees men honouring their mothers, wives, girlfriends, colleagues, etc with flowers and small gifts. In some countries IWD has the equivalent status of Mother's Day where children give small presents to their mothers and grandmothers.

 

The new millennium has witnessed a significant change and attitudinal shift in both women's and society's thoughts about women's equality and emancipation. Many from a younger generation feel that 'all the battles have been won for women' while many feminists from the 1970's know only too well the longevity and ingrained complexity of patriarchy. With more women in the boardroom, greater equality in legislative rights, and an increased critical mass of women's visibility as impressive role models in every aspect of life, one could think that women have gained true equality. The unfortunate fact is that women are still not paid equally to that of their male counterparts, women still are not present in equal numbers in business or politics, and globally women's education, health and the violence against them is worse than that of men.

 

However, great improvements have been made. We do have female astronauts and prime ministers, school girls are welcomed into university, women can work and have a family, women have real choices. And so the tone and nature of IWD has, for the past few years, moved from being a reminder about the negatives to a celebration of the positives.

March 8, 2014 in International | Permalink | Comments (0)

Sunday, March 2, 2014

South Koreans are really proud.....

차별금지법

....of Ban Ki-moon, the Secretary General of the United Nations.  And rightfully so; he is the first Korean to head that grand post.  

The Secretary wears his dedication to human rights on his sleeve.  And so too that sleeve contains a spot, a stubborn spot, for the rights of LGBT.  

With bleak irony, South Koreans, at the same time, have proudly stigmatized the plight of their gay compatriots:  

On the 21st of April, two members of the National Assembly of South Korea (the Democratic united-opposition-party) withdrew the motion on the Comprehensive Anti-discrimination Act. Since the beginning of 2000, they attempted to introduce the Anti-discrimination act two times both in 2007 and 2010....

But:  

 ....there was a strong apposition by both parties. In addition, religious affiliated organizations of South Korea resisted the bill on the basis of recognizing sexual minorities......

....Two anonymous members of the National Assembly expressed the reason of the withdrawal of the Act is simply put, because they did not want to be labeled as pro North Korean or as a gay assemblyman. 

March 2, 2014 in International, LGBT | Permalink | Comments (0)

Friday, February 21, 2014

Saudi Arabia's first female EIC

Somayya Jabarti, editor, Saudi Gazette

From the Guardian UK:

A woman in Saudi Arabia has been appointed editor-in-chief of a national newspaper, the first female journalist to be promoted to such a public position in a country with an appalling record on women's rights.

Somayya Jabarti, a former deputy editor, has become the new boss at the helm of the Jeddah-based English daily Saudi Gazette, the paper's departing head has announced.

February 21, 2014 in Equal Employment, International, Workplace | Permalink | Comments (0)

Wednesday, February 19, 2014

the Aussie law schools always have such cool topics for symposia

Like this.  The deadline for submissions is April 15, 2014.  And the title of the journal symposia, hosted by the Australian Feminist Law Journal, is "Dogs, Pigs and Children: Changing Laws in Colonial Britain."  

February 19, 2014 in Call for Papers, International | Permalink | Comments (0)

Sunday, February 9, 2014

Woman Dies from Gender Segregation

The story from the Hindu Times

The death of an ailing woman student at a Saudi university has stirred controversy on social media after an ambulance was denied access under the conservative Muslim kingdom's segregation laws. Amna Bawazeer, 24, died of a heart attack in the compound of the social sciences faculty of Riyadh's King Saud University. 

More: 

Local media said medics in an ambulance were denied access because they were not accompanied by a "mahram", a legal guardian or male member of her family. 

February 9, 2014 in International, Religion, Violence Against Women | Permalink | Comments (0)

Sex Strike

From the Korea Herald

Women in Tokyo are threatening a sex boycott against any man who votes for the front-runner in this weekend's gubernatorial election, in protest at his claim that menstruation makes women unfit for government.

Yoichi Masuzoe, said candidate, aged 65, stated in 1998 to a magazine: 

"Women are not normal when they are having a period... You can't possibly let them make critical decisions about the country (during their period) such as whether or not to go to war," he said.

February 9, 2014 in Gender, International | Permalink | Comments (0)

Friday, February 7, 2014

Dotan on Women's and Gay Rights in Israel

Yoav Dotan, Hebrew University, has uploaded "The Boundaries of Social Transformation Through Litigation: Women's and Gay Rights in Israel, 1970-2010."  

The abstract reads: 

The global expansion of judicial power and the rise of litigation as a vehicle for social transformation are two conspicuous social phenomena that are subject to intensive research by social scientists and lawyers alike. One of the most hotly debated questions in this regard relates to the potential value of law in general, and litigation in particular, as a strategy for social change. This article examines the question by comparing the struggle for equality by two groups - women’s rights activists and gay rights activists - in Israel during the 1990’s. The struggles of women and gay people for equality have many shared characteristics, since both challenge the traditional conservative patriarchal social model. In Israeli society, moreover, both gay rights’ activists and women’s equality activists faced the same political rival: the powerful macho-type socio-political mentality, rooted in the central status of the military in Israeli society and the strong hold of Jewish ultra-orthodox parties in the political system. The strategies that the two groups adopted to overcome these obstacles, however, were markedly different. While women’s groups adopted an elitist strategy of struggle that concentrated on legal measures, gay rights’ groups adopted a variety of strategies that emphasized grassroots political tactics. The article examines the success of each group in achieving its political objectives, and argues that the comparison between them indicates the relative weaknesses of legal and litigation-centered strategies as vehicles for social transformation.

February 7, 2014 in Gender, International, Scholarship | Permalink | Comments (0)

Wednesday, February 5, 2014

Boys left behind in university....

From the Telegraph UK, a story about higher education in Britain: 

In at least 20 institutions, there are twice as many female full-time undergraduates as males. The growing divide in further education follows a similar trend at school level, where girls now outperform boys in all age groups and subjects.

The head of UCAS (Universities and Colleges Admissions Service, sort of like our College Board) said: 

“Young men are becoming a disadvantaged group in terms of going to university and this underperformance needs urgent focus across the education sector.”

And concluding thoughts: "The growing divide is becoming a more pressing issue than the number of applicants from poorer homes, said the chief executive of Ucas, the universities admissions service."

February 5, 2014 in Education, International, Manliness, Masculinities | Permalink | Comments (0)

Tuesday, January 28, 2014

Yuvraj Joshi on Inclusion

Yuvraj Joshi has an article--"The Trouble with Inclusion"--forthcoming from the Virginia Journal of Social Policy and Law.  The abstract reads: 

Attempts are being made to include members of excluded groups in societal institutions. Inclusion has been proposed as the solution to the injustice caused by exclusion. Yet, inclusion does not always achieve justice and might sometimes perpetuate injustice. This Article provides a framework for understanding inclusion that may fail to achieve social justice and uses this framework to assess the inclusion of lesbians and gays within marriage (marriage equality) and of women and minorities within organizations (organizational diversity). The former case study examines the legal and social movement for recognizing same-sex marriage while the latter engages a range of contemporary debates, including workplace diversity, gays in the military, women in armed combat and gender mainstreaming at the UN. Each shows that inclusion is less likely to achieve social justice where it misconstrues injustice, maintains the status quo, decouples from justice, legitimizes the institution or rationalizes injustice.

January 28, 2014 in International, LGBT, Scholarship | Permalink | Comments (0)

Sunday, January 26, 2014

Hong Kong billionaire dad offers $1 billion to any man.....

....who will marry his lesbian daughter.  It looks more like a bid to rebuke the daughter, not a serious endeavor to get her hitched.  (it takes two to tango, doesn't it?  And the glorious cosmopolitan place that is Hong Kong--where English (along with Chinese) is the official language--isn't exactly breeding ground for arranged marriages.)

(Gigi Chao, with unnamed dogs)

The daughter in question, Gigi Chao, seemed calmly defiant:  

"Respectfully, we can only be true to ourselves, communicate bravely and directly, and be patient. I am confident that we are on the right side of history, so, as they say, it gets better," she said.

"Honestly, I think recognising same-sex relationships is a good start for the lawmakers, instead of sweeping the issue under the carpet and pretending it doesn't exist, which is degrading."

Presently, Hong Kong does have a law banning gender discrimination, but it's not comprehensive: 

The Sex Discrimination Ordinance, enacted in 1995, offers protection in seven areas, including employment, education, housing and participation in government activities. However, while it covers discrimination on the grounds of gender, marital status and pregnancy, it does not cover sexual preference.

January 26, 2014 in International, LGBT, Same-sex marriage | Permalink | Comments (0)

Friday, January 24, 2014

Prostitution as violation of human rights.....

The European Parliament, one of the legislative bodies of the European Union, will decide soon whether prostitution is a violation of a women's human rights.  

From the Telegraph (UK): 

A ground-breaking report has today been accepted by one of the Parliament’s more influential bodies. Just a few hours ago, the committee on women’s rights and gender equality voted through a report arguing that prostitution is a fundamental violation of women’s rights. This means it will go to a full Parliament vote in Feburary.

More: 

The report is couched in the formal language used by legislators, but what it is proposing is a massive cultural change.  For centuries, supporters of prostitution have argued that it’s the oldest profession and has to be tolerated, if not legalised. 

Still more: 

Verbal and physical abuse isn’t confined to street prostitution, with one academic study concluding that women who work indoors still face ‘physical, economic and sexual violence from their clients, including serious assaults’. That’s not surprising, given that research on men who pay for sex show that they tend to have a ‘degrading image’ of women.

January 24, 2014 in International | Permalink | Comments (0)

Monday, January 20, 2014

Another sign that Nigeria is far from democracy

Last week, Nigeria enacted a law whose most conspicuous parts read:  

"Persons who enter into a same-sex marriage contract or civil union commit an offence and are each liable on conviction to a term of 14 years in prison."

"Any person who registers, operates or participates in gay clubs, societies and organisations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison."

The law also makes it a criminal offense to advocate for gay rights as well.  

January 20, 2014 in International, LGBT | Permalink | Comments (0)