ABSTRACT
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women.
Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women). The proposed laws are, moreover, drafted with feedback from a senior parliamentary draftsperson (providing guidance to contributors in a personal capacity), to ensure conformity with legislative rigour, as well as accompanied by an explanation of their reasons and their aims. Although the legislation is Australian-based, the issues raised by each are recognisably global, and are reflected in the legislation of most other nations.
This first feminist legislation project will appeal to scholars of feminist legal studies, gender and the law, gender studies and others studying or working in relevant legal areas.
TABLE OF CONTENTS
part I|41 pages
The Australian Feminist Legislation Project
part II|79 pages
Constitutions, Institutions and Rights
chapter Chapter 3|14 pages
Re-writing and Re-imagining Rights
chapter Chapter 4|15 pages
The Disenfranchisement of Aboriginal Women
chapter Chapter 5|18 pages
Re-Charting the Victorian Charter of Human Rights
chapter Chapter 5A|3 pages
Commentary on Re-charting the Victorian Charter of Human Rights
chapter Chapter 6|16 pages
Re-charting the Victorian Charter of Human Rights
chapter Chapter 6A|4 pages
Commentary on Re-charting the Victorian Charter of Human Rights
part III|69 pages
Bodies, Sex and Agency
chapter Chapter 7|14 pages
Implementing Affirmative Consent in Sexual Offences
chapter Chapter 8|12 pages
Compensation in the Context of Surrogacy
chapter Chapter 9|11 pages
Reconsidering the Role of the Victim in Criminal Injuries Compensation
chapter Chapter 9A|3 pages
Commentary on Reconsidering the Role of the Victim in Criminal Injuries Compensation
part IV|38 pages
Caring, Dependents and In/dependence
chapter Chapter 11|17 pages
Assessing Parenting Payment Applications by Parents' Individual Circumstances, not their Relationship Status
chapter Chapter 11A|4 pages
Commentary on Assessing Parenting Payment Applications by Parents' Individual Circumstances, not their Relationship Status
part V|60 pages
Diversity, Dignity and Autonomy
chapter Chapter 13|14 pages
Navigating Cultural and Religious Needs in Family Dispute Resolution
chapter Chapter 13A|4 pages
Commentary on Navigating Cultural and Religious Needs in Family Dispute Resolution
chapter Chapter 14|15 pages
Family Violence and Migration Law
chapter Chapter 15|16 pages
Aged Care, Housing Rights and the Right to Housing
part VI|60 pages
Work, Exploitation and Power
