Gender Perspectives in Private Law

The book explores gender-related issues in family law, tort law, labour law, civil procedure law, ADR, and private international law, challenging the gender-blind nature of these branches of law. It highlights the importance of a gender-competent analysis of private law and contributes to the deconstruction of gender-blind private law. The book also addresses compensation for damages suffered by women performing unpaid household work, gender segregation in the labour market, sexual harassment at work, and the impact of work digitalization on gender-related labour law issues. It aims to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences and presents critical considerations of the key private law instruments for achieving gender equality.

Format: Paperback / softback
Length: 242 pages
Publication date: 16 February 2024
Publisher: Springer International Publishing AG

This book explores significant and contentious gender-related issues across various legal fields, including family law, tort law, labor law, civil procedure law, alternative dispute resolution (ADR), and private international law. The authors argue that the gender equality perspective has been largely overlooked in many areas of private law, with scholars primarily focusing on public law and human rights law. The book aims to challenge gender-blind private law and promote a gender-competent analysis of key branches of private law, beginning with private international law. In the context of family law, the book examines the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after divorce, and post-separation parenting arrangements. It also considers the regulation of family matters in Indian society and the gender equality perspective from the principle of the child's best interest. In tort law, the book addresses compensation for damages suffered by women performing unpaid household work. It also explores papers dedicated to labor law issues, such as the genesis of labor law, its capacity to contribute to gender inequality or gender equality, gender segregation in the labor market, sexual harassment at work, and the impact of work digitalization on gender-related labor law issues. Lastly, the authors analyze gender equality in civil procedure law, including the role of judges in gender-related cases and the impact of gender-neutral language in legal texts. Overall, the book contributes to the understanding of gender-related issues in private law and provides valuable insights for legal practitioners and policymakers.

Dimension: 235 x 155 (mm)
ISBN-13: 9783031140945
Edition number: 1st ed. 2023