Gender Perspectives in Private Law

The book explores gender-related issues in private law, including family law, tort law, labor law, civil procedure law, ADR, and private international law. It argues that the gender equality perspective has been neglected in these fields, and contributes to the development of a gender-competent analysis. It also examines the regulation of family matters in Indian society and the gender equality perspective from the principle of the child's best interest.

Format: Hardback
Length: 242 pages
Publication date: 16 February 2023
Publisher: Springer International Publishing AG

This comprehensive book delves into a wide range of gender-related issues across various fields of law, including family law, tort law, labor law, civil procedure law, alternative dispute resolution (ADR), and private international law. The authors make a crucial assumption that the gender equality perspective has been largely overlooked in several branches of private law, particularly in comparison to public law and human rights law. Recognizing this gap, the book aims to contribute to the deconstruction of gender-blind private law while also fostering the development of a gender-competent analysis in key areas of private law, starting with private international law.

In the realm of family law, the book explores the gendered and heteronormative operations that shape family law, focusing on the formation of legally recognized relationships, legal parenthood, marital property division, and post-separation parenting arrangements. It also examines the regulation of family matters in Indian society and the gender equality perspective from the principle of the child's best interest.

Tort law is another area where the book addresses gender-related issues. It explores compensation for damages suffered by women who perform unpaid household work, highlighting the need for recognition and redress of such contributions. Additionally, the book includes papers on labor law topics such as the genesis of labor law, its potential to promote or exacerbate gender inequality in the workplace, gender segregation in the labor market, sexual harassment at work, and the impact of work digitalization on gender-related labor law issues.

Civil procedure law is also examined in the book, with a particular focus on gender equality in legal proceedings. The authors discuss the challenges faced by women in accessing justice and the role of civil procedure law in promoting gender equality. They also explore the use of ADR methods, such as mediation and arbitration, to address gender-based disputes and promote settlement.

Private international law is another area where the book contributes to the understanding of gender equality. It examines the intersection of gender and international law, exploring how gender norms and stereotypes impact international relations and legal agreements. The book also discusses the role of international organizations, such as the United Nations and the International Labour Organization, in promoting gender equality and protecting the rights of women.

Overall, this book provides a valuable contribution to the study of gender and law, offering a comprehensive analysis of gender-related issues across different fields of law. It highlights the need for a gender-sensitive approach to private law and encourages scholars and practitioners to incorporate a gender equality perspective in their work. By doing so, we can strive towards creating a more just and equitable legal system that recognizes and respects the rights and contributions of all individuals, regardless of their gender.

Weight: 565g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031140914
Edition number: 1st ed. 2023