Adopting A Feminist Legal Perspective In Adjudication A Comparative Analysis Of The Judgments Of The Constitutional Court Of Turkey And European Court Of Human Rights
INTRODUCTION CHAPTER I PRESENTING A THEORETICAL ACCOUNT OF THE JUDICIAL RESPONSIBILITY TO REALIZE GENDER EQUALITY I. The Role of Judges in Realizing Gender Equality A. Conceptual Framework to Explain the Fundamental Role of Judges 1. Judicial Ethics 2. Conclusion B. Practical Problems Arising from Failure to Follow the Principles of Judicial Ethics 1. Access to Justice 2. Politization of Judiciary 3. Conclusion II. Legal Framework Regarding the Role of Judges as a Human Rights Protection Mechanism A. National Legislation to Illustrate the Role of Judges 1. Primary Legislation 2. Secondary Legislation B. International Legal Framework to Illustrate the Role of Judges 1. United Nations Texts 2. Council of Europe Texts C. Conclusion III. Feminist Legal Theory to Provide a New Approach to Adjudication A. Feminist Legal Theory 1. Central Concepts and Questions in Feminist Legal Theory 2. The State is Male: Gendered Essence of the Sovereign State Power 3. International Law is Male: The Struggle to Position Women's Rights As Human Rights B. Feminist Methodology 1. Feminist Research Methods 2. Feminist Legal Methodology C. Conclusion
CHAPTER II A GENDER CONSCIOUS PERSPECTIVE IN THE PRACTICE OF THE JUDICIARY I. Introduction to Gender Perspective in Practice: Case Law II. Constitutional Court of Turkey's Approach to Cases Concerning Gender A. Gender Stereotypes and Violence B. Gender Stereotypes and Autonomy 1. Honor 2. Sexual Violence 3. Issues Regarding Bodily Integrity, Birth and Abortion 4. Recognition of Gender Identity C. Stereotypes and Sexual Orientation and Gender Identity (SOGI) D. Gender Stereotypes and Family 1. Adultery or Extra-Marital Affairs 2. The Issue of the Paternal Surname 3. Permission to Work 4. Gender Stereotypes and Socio-economic Status III. European Court of Human Rights's Approach to Cases Concerning Gender A. Gender Stereotypes and Gender Based Violence B. Gender Stereotypes and Bodily Autonomy 1. Sexual Violence 2. Issues Regarding Bodily Integrity and Abortion 3. Body Politics 4. Gender Stereotypes and Gender Identity C. Gender and Socio-economic Rights D. Gender Stereotypes on Race and Ethnicity E. Gender Stereotypes and Religion F. Gender Stereotypes and Family G. Gender Stereotypes and Sexual Orientation and Gender Identity (SOGI) IV. Gender Perspective and Its Practical Implications: An Evaluation of the Responsibility of the Judges CONCLUSION
