Law and Gender in Switzerland

Abstract

Law, gender and policy are closely interrelated and interplay at different levels. In the process of its production, law is widely shaped by gender, as well as gender is produced by law through the categories it constructs (Cardi et Devreux 2014; Lépinard, 2006). Feminist legal studies showed that law has been a tool for the patriarchal domination, but that it also can be used by social mobilizations in order to promote equal rights and women’s cause (MacKinnon 1989). Law can then produce a gender order and, at the same time, can be used by social mobilizations willing to defend women’s and sexual minorities’ rights, or even to transform this order through legislative changes or legal activism and cause lawyering (Bereni et al. 2009, 2010 ; Revillard 2007 ; Sarat et Scheingold 2006).

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