This book offers a new perspective on public law and public policies. The collection of papers gathered here begins with an in-depth discussion on gender perspectives in constitutional law, which can support gender justice, but also perpetuate patriarchal norms. The book then analyzes the role of the European Ombudsman in the area of gender discrimination. Despite its limited jurisdiction, this institution has become a significant complementary tool in the protection of gender equality and the elimination of gender discrimination at the EU level. Particular attention is paid to the importance of mainstreaming gender into public policies. Thus, the legal and institutional frameworks of Spain and Serbia are presented, which can serve as an inspiration to other countries. Another important aspect covered in the book is an analysis of systemic differences between the average wages of women and men in the six countries of the Western Balkans. In turn, the book presents a discussion on female genital mutilation as a highly gendered crime based on extreme versions of rigid, patriarchal ethnic and religious norms and customs. It is analyzed through the lenses of the Istanbul Convention, as a tool for combating violence against women. Particular attention is paid to femicide, its definitions, forms, and phenomenological characteristics. Having been only recently acknowledged, femicide is still characterized by an inadequate judicial response in many countries. In this regard, a special focus is on German and Serbian experiences in acknowledging femicide and combating it through various measures. Finally, the importance of stalking laws is discussed, as stalking is a highly gendered crime that many states fail to combat adequately. The collection of essays offered in this book will be of interest to all those working in the field of public law, to policymakers, and to students and academics looking to broaden and deepen their research on various issues in public law and policies from gender perspectives.
Author(s): Marko Davinić, Svetislav Kostić
Series: Gender Perspectives in Law, 2
Publisher: Springer
Year: 2023
Language: English
Pages: 177
City: Cham
Preface
Contents
About the Editors
Constitutional Law and Gender
1 Introduction
2 Constitutionalism in Context
2.1 From the Sexual Contract to Common Ground
2.2 Public Politics and Private Matters
2.3 Constitutionalism Beyond the Nation-State
2.4 Decorum, Abuse, Distress
3 Fundamental Rights
3.1 From Man to Human: The Legal Subject
3.2 Agency and Participation
3.3 From Pyramid to Triangle: Dignity-Liberty-Equality
3.4 From Formal to Substantive: Equality Revisited
3.5 From Essentialism to Intersectional Diversity
4 Foundational Structures
4.1 The Political Dimension: Democracy
4.2 The Legal Dimension: Rule of Law
4.3 The Social Dimension: Welfare State
4.4 The Material Dimension: Sustainability and the Environment
5 The Future: Constitutionalism Taking Gender into Account
References
The Role of the European Ombudsman in Strengthening Gender Equality Within the EU
1 Introduction
2 Guarantees of Equality Between Women and Men in EU Legislation
3 The Institution of the European Ombudsman
4 Gender Equality Cases in the European Ombudsman´s Practice
4.1 Sexual and Psychological Harassment
4.1.1 Prevention of Harassment
4.1.2 Dealing with Harassment
4.2 Pregnant Candidate Case
4.3 Gender Discrimination in Management Positions
4.4 Part-Time Work for National Experts
4.5 Paternity Leave
5 Conclusion
Legal Documents, Internet Resources, and Cases
References
Mainstreaming Gender into Public Policies: A Tale of Two Countries
1 Introduction
2 Gender Mainstreaming in Spain and Serbia: History and Current Challenges
2.1 Spain
2.2 Serbia
3 Legislative and Institutional Frameworks for Gender Equality and Gender Mainstreaming
3.1 Spain
3.2 Serbia
4 Gender Mainstreaming Tools and Oversight
4.1 Spain
4.2 Serbia
5 Instead of Conclusions: Lessons Learned
References
Gender Pay Gap in the Western Balkans: Why Do Women Earn Less Than Men?
1 Introduction
2 Assessing the Gender Pay Gap in the Western Balkans
2.1 Albania
2.2 Croatia
2.3 Serbia
2.4 Bosnia and Herzegovina
2.5 North Macedonia
2.6 Montenegro
3 Possible Explanations of Gender Pay Gap
3.1 Shared History and Gender Segregation
3.2 Shared Political Culture
3.3 Shared Economic Culture
3.4 Human Capital
3.5 Compensating Differentials
3.6 Discrimination
4 Adverse Economic Consequences and Policy Proposals
4.1 Decrease in Employment and Economic Activity
4.2 Decrease in GDP per Capita
4.3 Policy Proposals
5 Concluding Remarks
References
Female Genital Mutilation as a Criminal Offence According to the Istanbul Convention
1 Introduction
2 Female Genital Mutilation (FGM) in General: Definition and Classification
3 The Istanbul Convention and FGM: Relevant Provisions
3.1 Substantial Criminal Law
3.2 Sanctions
3.3 Jurisdiction
4 Justification Grounds? Medical Interventions and the Issue of Consent
5 Spatial and Temporal Dimensions: Foreign Element and the Limitation Period
6 Conclusion
References
Internet References
On Extreme Forms of Violence Against Women in Europe: Does Femi(ni)cide Exist in Germany?
1 Introduction
2 International Legislation and Femi(ni)cide
3 Does Femi(ni)cide Exist in Germany?
3.1 State Baseline Report
3.2 Shadow Reports
4 Minor Interpellations
5 Motions
6 Conclusion
References
Femicide in Serbia: Inadequate Judicial Response
1 Introduction
2 Definition and Classification of Femicide
3 Situation in Serbia
3.1 Research on Social and Institutional Response to Femicide in Serbia
3.2 Inadequate Judicial Response in Cases of Femicide in Serbia
3.2.1 Cruelty and Insidiousness
3.2.2 Jealousy as a Base Motive
3.2.3 Previous Abuse
4 Instead of a Conclusion: Recommendations for Prevention and Suppression of Femicide
References
The Importance of Having a Specific Stalking Law
1 Introduction
2 Stalking Laws
2.1 The Stalking Law in Sweden
2.2 The Stalking Law in Lithuania
2.3 Scope of Criminalized Behaviors: Comparison of Lithuanian and Swedish Stalking Law
2.4 Sanctions: Comparison of Lithuanian and Swedish Stalking Law
2.5 Diversification of Criminal Liability: Comparison of Lithuanian and Swedish Stalking Law
3 Evidencing
4 Conclusion
References
