Some reflections on law and gender in modern Ireland
Abstract
This is the text of the keynote lecture delivered at the launch of Black, Lynsey and Dunne, Peter (eds). Law and Gender in Modern Ireland. Oxford: Hart, delivered 13th September 2019, Department of Law, Maynooth University, Ireland. The lecture locates the book within the context of rapid, radical transformation in gender law and politics in Ireland, highlighting some of the issues which have been the focus of activism and/or reform. The lecture goes on to outline some of the challenges which arise in the legislative pursuit of gender equality including the tension between respecting agency and choice and curbing exploitative and/or gender disadvantaging practices. Comparisons are also made with legislative initiatives in neighbouring Britain. The lecture concludes with some reflections on the interplay of sex and gender in law and public debate and their embedding in the constitutional creation of the modern Irish State.
Keywords
Activism Gender Ireland Law SexNotes
References
- Bacik, Ivana. 2019. Prostitution Law. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 21–37. Oxford: Hart.Google Scholar
- Black, Lynsey, and Peter Dunne. 2019. Conclusions and Analysis. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 319–338. Oxford: Hart.CrossRefGoogle Scholar
- Brady, Alan DP. 2019. Gender and the Irish Constitution: Article 41.2, Symbolism and the Limitations of the Courts’ Approach to Substantive Gender Equality. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 211–226. Oxford: Hart.Google Scholar
- Conaghan, Joanne. 2017. Labour Law and Feminist Method. International Journal of Comparative Labour Law 33(1): 93–114.Google Scholar
- Connolly, Alpha. 1993. Gender and the Law in Ireland. Dublin: Oak Tree Press.Google Scholar
- Coy, Maddy. 2012. Prostitution, Harm and Gender Inequality: Theory, Research and Policy. Farnham: Ashgate.Google Scholar
- Crowley, Louise. 2019. Domestic Violence Law. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 137–157. Oxford: Hart.Google Scholar
- Cruz, Katie. 2020. The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work. In Criminality at Work, ed. Bogg Alan, Collins Jennifer, Freedland Mark, and Herring Jonathan. OUP: Oxford (forthcoming).Google Scholar
- Donnelly, Mary. 2019. Hidden in Plain Sight? Gender in the Irish Financial Crisis. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 173–190. Oxford: Hart.Google Scholar
- Dunne, Peter. 2015. Ten Years of Gender Recognition in the UK: Still a “Model for Reform”? Public Law 4: 530–539.Google Scholar
- Ellison, Graham, Ní Dhónaill, Caoimhe, and Early, Erin. 2019. A Review of the Criminalisation of Paying for Sexual Services in Northern Ireland. Belfast: Northern Ireland Department of Justice. https://www.justice-ni.gov.uk/publications/assessment-impact-criminalisation-purchasing-sexual-services. Accessed 26th September 2019.
- Enright, Mairead. 2019. Abortion Law in Ireland: Reflecting on Reform. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 55–70. Oxford: Hart.Google Scholar
- Gallen, James. 2019. Redressing Gendered Mistreatment: Magdalene Laundries, Symphysiotomy and Mother and Baby Homes. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 263–279. Oxford: Hart.Google Scholar
- Green, Les. 2011. Sex-Neutral Marriage. Current Legal Problems 64(1): 1–21.CrossRefGoogle Scholar
- Hines, Sally. 2019. The Feminist Frontier: On Trans and Feminism. Journal of Gender Studies 28(2): 145–157.CrossRefGoogle Scholar
- Laqueur, Thomas. 1990. Making Sex: Body and Gender from the Greeks to Freud. Cambridge: Harvard UP.Google Scholar
- Law Commission. 2019. Building Families through Surrogacy: A New Law. Law Commission Consultation Paper 244. https://www.lawcom.gov.uk/project/surrogacy/. Accessed 26th September 2019.
- Leahy, Susan. 2019. Sexual Offences Law in Ireland: Countering Gendered Stereotypes in Adjudications of Consent in Rape Trials. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 3–19. Oxford: Hart.Google Scholar
- Mulligan, Andrea. 2019. Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 117–135. Oxford: Hart.Google Scholar
- Ní Mhuirthile, Tanya. 2019. Gender Identity, Intersex and Law in Ireland. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 191–207. Oxford: Hart.Google Scholar
- Ryan, Fergus. 2019. Mapping a Transformed Landscape: Sexual orientation and the Law in Ireland. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 73–102. Oxford: Hart.Google Scholar
- Tobin, Brian. 2019. Law and Parental Rights. In Law and Gender in Modern Ireland, ed. Lynsey Black and Peter Dunne, 103–116. Oxford: Hart.Google Scholar
- Women and Equalities Committee. 2016. Transgender Equality. HC 390. https://publications.parliament.uk/pa/cm201516/cmselect/cmwomeq/390/390.pdf. Accessed 26th September 2019.