Premium Essay

Gender in Law

In:

Submitted By cassano
Words 1465
Pages 6
Sterilization of pregnant HIV women in Orosia

This is a case of forced sterilization that takes place in the fictional state of Orosia, and the victim is the women called A.A.
Forced sterilization can be defined as government policies which attempt to force people to undergo surgical sterilization, usually as part of eugenics programs intended to prevent the reproduction and multiplication of members of the population.
It was recognized as a war crime at Nuremberg Process, developed between 1945 and 1946 on the initiative of the victorious Allied Nations at the end of World War II, in which were determined and sanctioned the responsibilities of directors, officers and employees of Adolf Hitler. It has been also recognized as a crime against humanity by the Rome Statute in the Explanatory Memorandum.
This practice, also known as compulsory sterilization, has been usual during 20th century in several countries like Germany, USA, Japan, Russia, China, South Africa, India… But it is also happening in the 21th century, specifically in Uzbekistan.

The Republic of Orosia became a member of the Council of Europe and ratified the European Convention on Human Rights in 1995. To be a valid procedure, it had to be carried out according to art.59 of ECHR.
Firstly we have to notice that in this case there is a complaint from an individual against a state. This is possible because it is referred to in art.34 ECHR: “The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto.”
However, it is also necessary to look at art.35, because it contains some prohibitions for cases content in mentioned art.34: “The Court shall not deal with any application submitted under Article 34 that

Similar Documents

Premium Essay

Gender In Law Enforcement Women

...Gender, Women and the Criminal Justice System The ever-changing role of women working in a law enforcement capacity is one that has been debated, experimented with and implemented in various portions for over a century. As always, with the change in procedure comes the specific challenges that will ultimately have to be faced as agencies decide where to place women within their department so that they can be most effective. On the same token, agencies are also having to deal with the various challenges that come when diversity is added to the mixture. Although the United States has been quite diverse for over a century, it is always a topic that needs to be addressed and effectively dealt with so that the overall mission can be successful. In the realm of law enforcement, the tactics used by police officers nation-wide have generally been the same over the years with the exception of major events such as the attacks of September 11th and the school shootings. In those...

Words: 792 - Pages: 4

Premium Essay

Why Do Gender Sports Laws Really Exist?

...her feel completely distraught. Later that day, as she arrived home from school Lucy’s parents could tell that something was off about her. They could feel her sadness travel throughout the whole house. “How was your first day at school kiddo?” Lucy’s father asks as she stumbles through the front door pouting. “It was awful dad. Why do these Gender Sports laws have to exist? All I want is to join a sports team is that too much to ask for?” Lucy replied. “I know sweetie, I wish you were able to do sports too,” Lucy’s father replied. “I just wish there was something we could do...

Words: 570 - Pages: 3

Premium Essay

Compare and Contrast How Gender Roles Are Presented in the Importance of Being Earnest and a Doll’s House in Light of Ibsen’s Statement That “There Are Two Kinds of Moral Laws, Two Kinds of Conscience, One for Men and

...Compare and contrast how gender roles are presented in The Importance of Being Earnest and a Doll’s House in light of Ibsen’s statement that “there are two kinds of moral laws, two kinds of conscience, one for men and one quite different, for women.” According to Ibsen’s statement, he states that moral laws are divided into two, one for women and the other for men. He’s claiming that the “moral laws” that society has implanted has double standards. Ibsen and Wilde present gender roles through morality, marriage, food delicacies, dance and wealth. These four factors affect how the characters in both plays are viewed by society. Both writers present the expectations society has for both genders. They highlight the obscurity, the society they lived in, had. This method was to leave the audience questioning about the society they lived in. Ibsen displays the realness of a typical marriage and he doesn’t follow the conventions of a Well-Made play, he presents the hardcore facts of marriage and family life; he does this by giving both genders unequal power, which contradicts the meaning of marriage, “the joining of two equals”. Whereas Wilde switches the gender roles, this method is very effective as it emphasises and reveals clearly how ridiculous the social class behaves. Even though Ibsen uses highly respected jobs to portray the archetype of men, Wilde uses the absence of occupation to concentrate on the other aspects of Victorian life. In the first Act, Ibsen outlines the stereotypical...

Words: 1249 - Pages: 5

Premium Essay

How Did the Roman Army and the Application of Roman Law Serve to Transmit Roman Culture and Values in the Provinces (Areas)? You May Address Topics Such as Language, Veteran’s Settlements, Citizenship, Marriage, Gender,

...How did the Roman army and the application of Roman law serve to transmit Roman culture and values in the provinces (areas)? You may address topics such as language, veteran’s settlements, citizenship, marriage, gender, legal principles and other social concepts.  Prior to the Roman Republic the Etruscans conquered Rome, owning the mainland and its people which had a major influence the Roman civilization. Rome was turned into a city and the Romans had now adopted the Eutruscans alphabet, fashion and its army as well as introducing trade. The Roman army especially had an influence on the Growth of civilization when peace was established during the Pax Romana. Such peaceful conditions also promoted trade which was a very important aspect of Roman society. Roman laws and the growth of the Roman Empire were the two aspects which affected Roman religious beliefs. As Rome conquered the majority of Europe many of the different religions were introduced and later accepted in Rome to unite people. Religion was divided into two, the Gods which watched over people and their families and the pater familias who was in charge of the household worship that honoured them. A few centuries later Christianity was born. During the Pax Romana the Roman army has had a major influence on the civilization of Rome. The Roman culture made a wide spread throughout many of Western Europe including countries such as Britain and Spain. As Rome’s current Emperor, Augustus’ establishment of peace meant...

Words: 1156 - Pages: 5

Premium Essay

Gender Discrimination

...Gender Discrimination Gender discrimination often occurs in the workplace. It involves actions or statements that take place against an individual because of their gender. Individuals are protected against discrimination by state and federal laws. Title VII of the Civil Rights Act of 1964 sets regulations for employers so that decisions made in the workplace are not based on race, skin, color, age, gender, religion, or national belief (expertlaw.com). Decisions such as hiring, promotions, or job assignments are to be non-bias and based off employees ability. Gender discrimination within the workplace can have a negative affect on the workplace environment. It interferes with the quality of learning, performance, and other activities of the job. Allowing gender discrimination can cause low morale and self esteem for a person, which can have a negative impact on career advancement within the company or promotions (www.amwa-doc.org). Within the workplace federal and state law prohibits any behaviors or conduct by an employer that can be recognized as discrimination. It is illegal for employers to exclude people of a particular gender from positions, which they are qualified for and only hiring a one gender for a particular job is illegal. An example of this would be only hiring female for a secretarial position or refusing to hire a man for a daycare position (www.expertlaw.com). By federal law employers are to have a non discrimination policy and complaint procedures. When...

Words: 418 - Pages: 2

Premium Essay

Ruth Bader Ginsburg Research Paper

...Ruth Bader Ginsburg argued cases about women's rights in front of the Supreme Court. Ruth Bader Ginsburg advocated for gender equality, inspired others to fight for equal rights, was the second woman on the Supreme Court, and changed laws on gender equality. Advocating for gender equality made Ruth Bader Ginsburg eminent. She strongly advocated gender equality during her life (“Ruth Bader Ginsburg”, 2022). Ruth Bader Ginsburg argued cases about gender equality in front of courts. Ruth Bader Ginsburg argued more than 300 gender equality cases (Capstone, n. d.). She always voted in favor of equal rights for everyone. She was said to be liberal (“Ruth Bader Ginsburg”, 2022). In 1980, she became a member of the U. S. Court of Appeals (Capstone,...

Words: 366 - Pages: 2

Premium Essay

Gender Role Analysis

...Gender Role Analysis The roles of gender in today’s society vary according to history, one’s personal biases, environment, and society’s input in education, government, and the workplace. History has shown that gender roles have made great strides of accomplishments in roles that were once very similar in each area of life; particularly the role of females in that they were considered to be the property of men and played the role of the helpmeet, which was a biblical term that was taken to what is considered extreme in today’s U.S. culture. Through various social movements throughout history gender roles have changed greatly. Those changes that were affected by such social movements caused great opportunities and advancement for women and minorities in education, government, and the workplace. Social Movements From the beginning of this nation women did not have the same rights as men and were considered to be more of a second class citizen. In the early years of this nation, women along with minorities were considered the property of men. Women were not permitted to be educated in most cases, did not count as a citizen, could not vote, could not own anything, could not enter into contracts, obtain credit, work without her father or husband’s permission and could not even receive a paycheck in her own name. Social movements have made great impacts on gender roles in society throughout history. From social movements in the beginning of this nations’ history such as...

Words: 2287 - Pages: 10

Premium Essay

Should Audits for Pay Gender Be Required of Eeoc

...Should EEOC Audits be required for Gender Pay Equality for Employers with more than 100 Employees? The year 2012 statistics show that full-time employed women earned just 80.9% of the salaries of their male counterparts in the United States. The number for 2011 was 82%. The pay gap is now as wide as it has been since 2005, following on the heels of six years of progress. The figures look even worse for some workers. In management professions, men earn $1,328.00 each week while women earn $951.00– A 71.6% gap, for financial professions, it’s 74% and in legal occupations it is 53.7%, (Bureau of Labor Statistics. 2012). Based on this information, a man would make $100.00 compared with a woman making just $80.90... The financial services employed male would make $100.00 compared to only $74.00 for the female (based on Bureau of Labor Statistics)... Employers are not complying with the current EEOC laws as the pay gap is becoming wider, especially in some professions. The EEOC law should be changed to require them to conduct audits of employers with more than 100 employees, to assure compliance with the law. The Fair Labor Standards Act of 1938 was updated in 1963 when congress passed the Equal Pay Act, clearly stating that employers cannot discriminate on the basis of sex by paying wages for equal work less than wages paid to the opposite sex. The problem is that the EEOC who administers the law is a reactive rather than proactive body. They...

Words: 1857 - Pages: 8

Free Essay

Working Across Difference with Transgender and Transsexual Individuals

...------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Assessment 3 ------------------------------------------------- Working Across Difference With Transgender ------------------------------------------------- And Transsexual Individuals ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Student Name:------------------------------------------------- ------------------------------------------------- | ------------------------------------------------- Clare J Clayton | ------------------------------------------------- Student Number:------------------------------------------------- ------------------------------------------------- ------------------------------------------------- | ------------------------------------------------- S2847347 | ------------------------------------------------- Date Submitted: | ------------------------------------------------- ...

Words: 3787 - Pages: 16

Free Essay

Gender in Botswana

...problem question for this research is: Barriers to Gender Equality in the Botswana Legal establishment: A critical analysis. The purpose of the study is to examine the extent of gender disparities in the legal profession in Botswana as well as elucidating on the social-economic and political forces giving rise to such differences. It is a theoretical desktop study, reviewing the battle between men and women in the legal profession: men determined to maintain a strangle hold on the legal profession, and women struggling to enter the professions. One of the most dramatic changes in the legal profession in recent years has been the influx of women. In many countries women now constitute close to half of all law students, although it will be the turn of the century before this representation is fully mirrored among practitioners.  In this paper, we make an analysis of the barriers to gender equality between first and third world countries. We try understand the reason why there is a gender gap in the legal establishment in countries such as the United States of America, Canada and Australia, entry into the so-called-learned profession has been a march in developed countries with very low or limited discrimination as compared to the third world country of Botswana. INTRODUCTION Barriers to women’s entry into the legal profession seem to have disappeared. Over the past decade the number of women graduating from law school and practicing law has grown enormously in most industrialized...

Words: 5585 - Pages: 23

Free Essay

Propositon 8

... Turn on any bay area news channel during news time and at least one story regarding opposite gender marriage will be on. The thought of the law passing in support of same gender marriage is becoming fervor among the gay community in the bay area and California. The number of people apposed to the laws changing in favor of same gender marriage is large but the number of people supporting same gender marriage is vastly growing and the youth are leading the way. The media aids in portrayal of same gender couples as if they were a style with widespread footage shown on the Internet and television. Although the media plasters traces of same gender passion throughout the Internet and television for all adolescence to see, the fact still exist that it is the civil right of each individual in the country to be treated upon fairly by the government regardless of their gender, race, and sexual preference. The majority of people in California in favor of The California protection act that is a ballot proposition and Constitution amendment that passed by means of state election better known as proposition eight, involves the band on same couple marriage in California. The majority of people who have apposed the measure on same gender marriage may be large but the number of people in favor of same gender marriage is growing and especially among our youth in California. The trend of same gender passion is all throughout the media and television shows. One movie that exploded throughout mainstream...

Words: 921 - Pages: 4

Premium Essay

Lack Of Gender Identity Discrimination In The United States

...getting discriminated because who they are. After all, people who have gender identity come from all different lifestyles. They are mothers, fathers, brothers, sisters, sons, daughters. They can range from all ages and backgrounds. In light of who they are, gender identity is a person’s perception of having a particular gender, which may or may not correspond with their birth sex and can also be know as part of the LGBT community. Many people are discriminated against because of their gender identity when it doesn’t always agree with thier with their birth sex. Gender identity discrimination has a long history of misunderstandings. There are many issues in this country discriminating against people with gender identity. There are anti-LGBT people creating violence towards LGBT community, employment discrimination, and restroom issues. Until the 1950’s anything to do with anyone who was LGBT was considered objectionable (“National”). This continues to be a problem because people are still not accepting and were discriminating against LGBT because people with gender identity were out of the norm....

Words: 865 - Pages: 4

Premium Essay

Gender Inequality

...Gender Inequality Jaymes L Davis ENG 122: English Composition II Jennifer Chagala December 7, 2015 Gender Inequality Gender equality is a subjective issue and means slightly different things to each man and women. Laws can be enacted and enforced, but society as a whole should be striving for this. Historically women have been considered lesser citizens in the United States. Not being able to own property or handle money until around 1900, it was then that women have fought and won their right to vote, work, reproductive rights, equal pay, education, and to share in the same rights as men. Now that women have gained some footing, it is still apparent that women lag far behind men in wages, and power. Taking a look at the laws that were passed to provide equality may explain why there is still such a gap. If the United States wants to remain at par with other industrialized nations, it may need to look at the policies they have regarding gender in the law. Despite progress in public policy as well as traditionally male-dominated arenas, women are still largely profiled as the primary caregiver and homemaker, decreasing the impact of the modern woman on society. Excluding gender from laws and as a matter of policy has been the United States approach to gender equality, but some feel that this has done little to fulfill that goal. The United States guarantees women the right to compete as equal individuals, so any provisions to "special treatment on the...

Words: 1493 - Pages: 6

Premium Essay

Reverse Discrimination

...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program...

Words: 19597 - Pages: 79

Premium Essay

Case Study: Doe V. Regional Schools

...than to harass, embarrass, and draw attention to Susan. As a teacher, it is my responsibility to meet with the principal to discuss this issue in order to protect my students and provide a safe environment. I will be using the legal standards Section 504 of the Rehabilitation Act of 1973 and Title IX as well as case law to argue that Susan has the right to use the girls’ restroom and unless students...

Words: 1250 - Pages: 5