Gendered denials: Vulnerability created by barriers to legal capacity for women and disabled women

被引:7
作者
Arstein-Kerslake, Anna [1 ]
机构
[1] Univ Melbourne, Melbourne Law Sch, 185 Pelham St, Carlton, Vic 3053, Australia
关键词
Legal capacity; Autonomy; Vulnerability; Women; Gender; Disability; INTIMATE PARTNER VIOLENCE; INTELLECTUAL DISABILITIES; CONTRACEPTIVE MANAGEMENT; SEXUAL AUTONOMY; UNITED-STATES; ARTICLE; 12; ABORTION; ABUSE; RIGHTS; CONSENT;
D O I
10.1016/j.ijlp.2019.101501
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article explores the vulnerability that is created when legal capacity is denied to women and disabled women. It argues that vulnerability is largely contingent on social constructs - as opposed to being an inherent quality of disability or gender. It discusses barriers to the exercise of legal capacity that women and disabled women experience - such as limitations on reproductive choice, higher rates of substituted decision-making, and unique experiences with forced mental health treatment. It then explores evidence that such barriers are dis-empowering and can leave women and disabled women vulnerable to abuse and marginalisation. It explores financial, physical and sexual abuse that can occur as a result of this vulnerability. Finally, it concludes that autonomy and power are inextricably linked and can be essential for minimising vulnerability.
引用
收藏
页数:9
相关论文
共 130 条
[21]   THE EMERGING LEGAL HISTORY OF WOMEN IN THE UNITED-STATES - PROPERTY, DIVORCE, AND THE CONSTITUTION [J].
BASCH, N .
SIGNS, 1986, 12 (01) :97-117
[22]   Understanding international differences in the gender pay gap [J].
Blau, FD ;
Kahn, LM .
JOURNAL OF LABOR ECONOMICS, 2003, 21 (01) :106-144
[23]   The gender pay gap: Have women gone as far as they can? [J].
Blau, Francine D. ;
Kahn, Lawrence M. .
ACADEMY OF MANAGEMENT PERSPECTIVES, 2007, 21 (01) :7-23
[24]  
Bond JB, 1999, J ELDER ABUSE NEGL, V11, P23
[25]  
Boyle M., 2003, Clinical Psychology, V24, P27
[26]  
Brandwein R.A., 1999, BATTERED WOMEN CHILD
[27]  
Byrnes JP., 1998, NATURE DEV DECISION, DOI [10.4324/9780203726495, DOI 10.4324/9780203726495]
[28]  
Cepko Roberta, 1993, Berkeley Womens Law J, V8, P122
[29]  
Cheu, 2012, TEX J WOMEN L, V22, P113
[30]  
Coker J., 1997, FBI LAW ENFORCEMENT, V1