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.
- Subjects:
- Jurisprudence
- 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





