1st Edition
The Feminist Legislation Project Rewriting Laws for Gender-Based Justice
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.
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
Biography
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.
