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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.
List of contents
Part I: The Australian Feminist Legislation Project 1. Introducing the Australian Feminist Legislation Project
Kate Seear, Becky Batagol, Jamie Walvisch and Heli Askola 2. Feminist Statutory Drafting
Becky Batagol, James Dalmau, Heli Askola, Kate Seear and Jamie Walvisch Part II: Constitutions, Institutions and Rights 3. Re-writing and Re-imagining Rights: Enshrining Gender Equality in Australia's Constitution
Kcasey McLoughlin and Yee-Fui Ng 3A. Commentary on
Re-writing and Re-imagining Rights Margaret Thornton 4. The Disenfranchisement of Aboriginal Women: Commonwealth Legislative Disability and Incarceration Disqualifications
Dani Linder 4A. Commentary on
The Disenfranchisement of Aboriginal Women Krystal Lockwood 5. Re-charting the Victorian Charter of Human Rights: Advancing Equality in Human Rights Legislation
Tania Penovic and Julie Debeljak 5A. Commentary on
Re-charting the Victorian Charter of Human Rights: Advancing Equality Kate Eastman AM SC 6. Re-charting the Victorian Charter of Human Rights: Advancing Enforcement in Human Rights Legislation
Julie Debeljak and Tania Penovic 6A. Commentary on
Re-charting the Victorian Charter of Human Rights: Advancing Enforcement The Hon Pamela Tate AM KC Part III: Bodies, Sex and Agency 7. Implementing Affirmative Consent in Sexual Offences: A Model Law for Queensland
Jonathan Crowe, Asher Flynn and Bri Lee 7A. Commentary on
Implementing Affirmative Consent in Sexual Offences Saxon Mullins and Rachael Burgin 8. Compensation in the Context of Surrogacy: A Feminist Perspective on the Insistence on Altruism
Ronli Sifris 8A. Commentary on
Compensation in the Context of Surrogacy Stephen Page 9. Reconsidering the Role of the Victim in Criminal Injuries Compensation
Kate Seear, Jamie Walvisch and Liza J Miller 9A. Commentary on
Reconsidering the Role of the Victim in Criminal Injuries Compensation Jenny Morgan 10. Let Us Pee: Building Regulations for All Gender Toilets
Sean Mulcahy 10A. Commentary on
Let Us Pee Nicole Kalms and Laura McVey Part IV: Caring, Dependents and In/dependence 11. Assessing Parenting Payment Applications by Parents' Individual Circumstances, Not Their Relationship Status
Olivia Rundle 11A. Commentary on
Assessing Parenting Payment Applications by Parents' Individual Circumstances, Not Their Relationship Status Lyndal Sleep 12. Gender and its Relevance to Sentence
Natalia Antolak-Saper 12A. Commentary on
Gender and its Relevance to Sentence Arlie Loughnan Part V: Diversity, Dignity and Autonomy 13. Navigating Cultural and Religious Needs in Family Dispute Resolution
Amira Aftab 13A. Commentary on
Navigating Cultural and Religious Needs in Family Dispute Resolution Balawyn Jones 14. Family Violence and Migration Law: Protecting Immigrant Women's Legal Status
Heli Askola 14A. Commentary on
Family Violence and Migration Law Susan Kneebone 15. Aged Care, Housing Rights, and the Right to Housing: Residents in Aged Care Have Been Patient(s) Too Long
Charlotte Steer 15A. Commentary on
Aged Care, Housing Rights, and the Right to Housing Nola Ries and Jessie Hohmann Part VI: Work, Exploitation and Power 16. Women and Flexible Work
Marilyn Pittard 16A. Commentary on
Women and Flexible Work Alexandra Heron 17. Increasing Female Participation in Construction: Legislating for Gender Equity
Rebecca Dickson and Paula Gerber 17A. Commentary on
Increasing Female Participation in Construction Valerie Francis 18. 'Members of Parliament: Hear the Women, Count the Women, and Ensure Corporate Accountability': Proposing a Gender-Responsive Reform of the Australian 'Modern Slavery' Act
Ramona Vijeyarasa 18A. Commentary on
'Members of Parliament: Hear the Women, Count the Women, and Make Corporations Accountable' Jennifer Burn AM
About the author
Becky Batagol is Associate Professor in the Law Faculty at Monash University, Australia.
Kate Seear is Professor at the Australian Research Centre in Sex, Health and Society, La Trobe University, Australia.
Heli Askola is Associate Professor in the Law Faculty at Monash University, Australia.
Jamie Walvisch is Senior Lecturer in the Law School at the University of Western Australia, Australia.
