DOCSLIB.ORG

Mapping the Representation of Women and Men in Legal Professions Across the EU

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT FOR CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AND PARLIAMENTARY AFFAIRS Mapping the Representation of Women and Men in Legal Professions Across the EU STUDY Abstract Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints. PE 596.804 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Committee on Legal and Parliamentary Affairs and commissioned, overseen and published by the Policy Department for Citizen's Rights and Constitutional Affairs. Policy departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizens’ Rights and Constitutional Affairs. or to subscribe to its newsletter please write to: [email protected] AUTHORS Yvonne Galligan, Renate Haupfleisch, Lisa Irvine, Katja Korolkova, Monika Natter, Ulrike Schultz, Sally Wheeler RESPONSIBLE ADMINISTRATOR Udo Bux Policy Department for Citizens' Rights and Constitutional Affairs European Parliament B-1047 Bruxelles E-mail: [email protected] EDITORIAL ASSISTANT Monika Laura Lazaruk LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Policy Departments provide in-house and external expertise to support EP committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny. To contact the Policy Department or to subscribe to its newsletter please write to: [email protected] European Parliament, manuscript completed in July 2017. © European Union, Brussels, 2017. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. 2 CONTENTS LIST OF ABBREVIATIONS 5 Country Abberviations 6 LIST OF TABLES, Figures and Boxes 7 EXPLANATION OF TERMINOLOGY USED 10 Executive summary 12 1. Introduction 14 2. Methodology 15 2.1. Literature review 15 2.2. Data on legal professions and legal education 15 2.3. Survey among stakeholders 16 3. Historical overview 18 3.1. The way into the legal professions 19 3.2. The development of gender distribution in legal education 20 3.3. Different legal traditions and cultures 21 3.4. Increase in numbers of students and practitioners 22 3.5. Impact factors on the gender situation in the legal professions 22 3.5.1. Social status 22 3.5.2. Political systems 23 3.5.3. Internationalisation 23 3.5.4. Economic situation 23 3.6. The gender distribution in different professions 23 3.6.1. Lawyers 23 3.6.2. Notaries 24 3.6.3. Judges and prosecutors 25 3.6.4. Women in non-traditional legal occupations 26 3.6.5. Women in legal academia 26 3.7. Special regulations and measures to protect professional women 27 4. Literature review on gender equality in the legal field 28 4.1. Arguments for gender equality in the judiciary 28 4.1.1. Equal opportunities and fairness 28 4.1.2. Democratic legitimacy 28 4.1.3. Women making a difference 29 4.1.4. Further arguments 30 4.2. Barriers to achieving gender equality in the legal professions 30 3 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ 4.2.1. The merit argument against promoting gender equality 32 4.3. Measures to promote gender equality in the legal professions 33 4.4. Quotas in the legal field 36 4.4.1. Quotas: where? 36 4.4.2. Arguments in favour of quotas 40 4.4.3. Concerns regarding quota regulations 40 4.5. Promoting gender equality in law firms 43 4.5.1. The business case for gender equality and the debate on fixing the women or fixing the firms 43 4.5.2. Case study 44 5. Data analysis and main findings 47 5.1. Approach used for data collection 47 5.2. Overview of the situation of gender equality in legal professions 48 5.2.1. Court staff 48 5.2.2. Lawyers 62 5.2.3. Notaries 68 5.3. Overview of the situation of gender equality in legal education 69 5.3.1. Students, graduates and doctorates of law in EU Member States 69 5.3.2. Professors 74 6. Consultation with stakeholders 76 6.1. Survey among European associations 76 6.2. Survey among national notary associations- summary of responses 77 7. Conclusions and Policy recommendations 86 7.1. Conclusions 86 7.2. Policy recommendations 89 References 91 Annex: Data Tables 102 4 Mapping the Representation of Women and Men in Legal Professions Across the EU ____________________________________________________________________________________________ LIST OF ABBREVIATIONS ACA-Europe Association of the councils of State and Supreme Administrative Jurisdictions of the EU CCBE Council of Bars and Law Societies of Europe CEPEJ European Commission for the Efficiency of Justice CJEU Court of Justice of the European Union CNUE Council of the Notariats of the European Union CSR Corporate Social Responsibility ECHR European Court of Human Rights ECLA European Company Lawyers Association EJTN European Judicial Training Network ENCJ European Network of Councils for the Judiciary ERA Academy of European Law EWLA European Women Lawyers Association FEMM European Parliament's Committee on Women's Rights and Gender Equality ICC International Criminal Court JURI European Parliament’s Committee on Legal Affairs NA Not available NAP Not applicable 5 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ COUNTRY ABBERVIATIONS AT Austria IE Ireland BE Belgium IT Italy BG Bulgaria LT Lithuania CY Cyprus LU Luxembourg CZ Czech Republic LV Latvia DE Germany MT Malta DK Denmark NL The Netherlands EE Estonia PO Poland EL Greece PT Portugal ES Spain RO Romania FI Finland SE Sweden FR France SI Slovenia HR Croatia SK Slovakia HU Hungary UK United Kingdom UK-E&W England and Wales UK-NI Northern Ireland 6 Mapping the Representation of Women and Men in Legal Professions Across the EU ____________________________________________________________________________________________ LIST OF TABLES, FIGURES AND BOXES TABLES Table 3.1: First Women in the Legal Profession Table 6.1: Number of trainers at ERA Table 6.2: Number of trainees at ERA Table 6.3: Notary survey – Rate of response Table 6.4: Notary survey – Gender related imbalances Table 6.5: Notary survey – Comments on gender imbalances in the notarial profession Table 6.6: Notary survey – Measures to tackle imbalances, gender monitoring and research Table 6.7: Notary survey – Information on gender related research/projects Table 6.8: Notary survey – Information regarding monitoring Table 6.9: Notary survey – Measures/actions to tackle gender imbalances Table 6.10: Notary survey – Action necessary to tackle gender imbalances Table 6.11: Notary survey – Existing legal provisions promoting gender equality in the legal professions BOXES Box 4.1: Case study: Active approach to creating a more diverse judiciary in Ontario, Canada Box 4.2: Case study: Action Plan for the advancement of women in the legal field in Austria Box 4.3: Case study: Gender quotas in the Belgian Constitutional Court Box 4.4: Case study: Promoting gender balance at law firm level: The example of Taj Box 5.1: Women solicitors in Ireland FIGURES Figure 5.1: Professional Judges 2014, women and men Figure 5.2: Judges of first instance 2014, women and men Figure 5.3: Judges of second instance 2014, women and men Figure 5.4: Supreme Court Judges 2014, women and men Figure 5.5: Court Presidents 2014, women and men Figure 5.6: Court of First Instance Presidents 2014, women and men 7 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ Figure 5.7: Court of Second Instance Presidents 2014, women and men Figure 5.8: Supreme Court Presidents 2014, women and men Figure 5.9: Non-Judge Staff 2014, women and men Figure 5.10: Rechtspfleger 2014, women and men Figure 5.11: Staff assisting judges 2014, women and men Figure 5.12: Administrative Staff 2014, women and men Figure 5.13: Technical Staff 2014, women and men Figure 5.14: Public Prosecutors 2014, women and men Figure 5.15: Public Prosecutors First Instance Courts 2014, women and men Figure 5.16: Public Prosecutors Second Instance Courts 2014, women and men Figure 5.17: Public Prosecutors Supreme Court 2014, women and men Figure 5.18: Head of Prosecutors’ Office 2014, women and men Figure 5.19: Head of Prosecution Office for Courts of First Instance 2014, women and men Figure 5.20: Head of Prosecution Office for Courts of Second Instance 2014, women and men Figure 5.21: Head of Prosecution Office for Supreme Courts 2014, women and men Figure 5.22: Members of the Bar in the European Union 2004-2014, women and men Figure 5.23: Female members of the Bar in the European Union 2005 and 2014 Figure 5.24a: Female lawyers in Eastern Europe
Recommended publications
  • Advocacy for Better Implementation of Women's

    Advocacy for Better Implementation of Women's

    ADVOCACY FOR BETTER IMPLEMENTATION OF WOMEN’S RIGHTS IN GHANA July 2002 Publié dans – Published on : www.wildaf-ao.org ADVOCACY FOR BETTER IMPLEMENTATION OF WOMEN’S RIGHTS IN GHANA Women in Law and Development in Africa (WiLDAF) Ghana P.O.Box LG 488, Legon Accra Sub Offices : WiLDAF Western Region Legal Awareness Programme, P.O. Box 431, Takoradi WiLDAF Volta Region Legal Awareness Programme P.O Box MA310, Ho ACKNOWLEDGEMENTS This document was developed as part of the project: “Sensitisation and Capacity Building of judicial and extrajudicial Stakeholders for sustainable implementation of Women’s’ Rights in West Africa”. WiLDAF -Ghana is, especially, indebted to the European Commission for its financial support which enabled WiLDAF to develop this valuable tool of sensitisation for non legal practitioners who participate in the implementation of women’s rights. WiLDAF also expresses its warm gratitude to all the people who, in one way or the other, contributed to the publishing of this document. Written by DORCAS COKER-APPIAH JOANA FOSTER Cover. Conceptualised by: WiLDAF West African Sub-regional Office, Togo. ( WASRO) Drawn by: Aldus Informatique, Lomé, Togo. Printed by YAMENS PRES LTD 233-32-223222 This document was prepared with the financial support of the European Community. The views hereby presented here are those of WiLDAF/FeDDAF and in no way reflects the official view of the European Community. Publié dans – Published on : www.wildaf-ao.org Contents Foreword .........................................................................................iv
  • CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)

    CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)

    CCBE Contribution for the Rule of Law Report 2021 26/03/2021 Introduction The Council of Bars and Law Societies of Europe (CCBE) represents the bars and law societies of 45 countries and, through them, more than 1 million European lawyers. The CCBE also acts as a consultative and intermediary body between its Members and between the Members and the institutions of the European Union on cross-border matters of mutual interest. The regulation of the profession, the defence of the rule of law, human rights and democratic values are the most important missions of the CCBE. Several areas of special concern to the CCBE include access to justice, the development of the rule of law, the respect for the right to a defence and the effectiveness of the Justice system, which are core values of the profession. The CCBE always places a great emphasis on the respect for the rule of law, democratic principles and fundamental rights. The values of the CCBE and its Member organisations are consistent with the Charter of Fundamental Rights of the European Union, and in particular its preamble, where it is stated, inter alia that “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice”, CCBE values are also consistent with Article 47 (Rights to an effective remedy and to a fair trial), Article 48 (Presumption of innocence and right to a defence), and Article 49 (Principles of legality and proportionality of criminal offences and penalties).
  • Mimetic Evolution. New Comparative Perspectives on the Court of Justice of the European Union in Its Federal Judicial Architecture

    Mimetic Evolution. New Comparative Perspectives on the Court of Justice of the European Union in Its Federal Judicial Architecture

    Mimetic Evolution. New Comparative Perspectives on the Court of Justice of the European Union in its Federal Judicial Architecture Leonardo Pierdominici Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Florence, 29 February 2016 European University Institute Department of Law Mimetic Evolution. New Comparative Perspectives on the Court of Justice of the European Union in its Federal Judicial Architecture Leonardo Pierdominici Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Examining Board Prof. Loïc Azoulai, European University Institute Prof. Bruno De Witte, European University Institute Prof. Giuseppe Martinico, Scuola Superiore Sant'Anna - Pisa Prof. Laurent Pech, Middlesex University London ©Title Leonardo Name Pierdominici,Surname, Institution 2015 Title Name Surname, Institution No part of this thesis may be copied, reproduced or transmitted without prior permission of the author Researcher declaration to accompany the submission of written work Department of Law – LL.M. and Ph.D. Programmes I Leonardo Pierdominici certify that I am the author of the work “Mimetic Evolution. New Comparative Perspectives on the Court of Justice of the European Union in its Federal Judicial Architecture” I have presented for examination for the Ph.D. at the European University Institute. I also certify that this is solely my own original work, other than where I have clearly indicated, in this declaration and in the thesis, that it is the work of others. I warrant that I have obtained all the permissions required for using any material from other copyrighted publications.
  • The European Protection Order for Victims > Criminal Judicial Cooperation and Gender-Based Violence

    The European Protection Order for Victims > Criminal Judicial Cooperation and Gender-Based Violence

    Información ORGANISING COMMITTEE Palau de Pineda UIMP courses in Valencia are 4 Plaza del Carmen, 4 Manuel de Lorenzo Segrelles, Bar Association of Valencia. 46003 Valencia validated by elective credits International Congress Gemma Gallego Sánchez, Judge, former member of the General Tel. +34 963 108 020 / 019 / 018 in public universities Fax: +34 963 108 017 of the Valencian Community. Council of the Judiciary of Spain. Administrative Secretary opening hours*: Check with the home Elena Martínez García, Senior Lecturer of Procedural Law, University 10,00 - 13,30 h. university the number of Thursday: credits recognised of Valencia. 16,30 - 18,00 h. The European Protection Order for Laura Román, Senior Lecturer of Constitutional Law, Rovira i Virgili * CLOSED AUGUST 1st TO 24th Victims University, Epogender porject. The registration gives the The registration period for the congress right to obtain Criminal judicial cooperation and gender-based is o p e n until the b e g inning o f the s e m ina r a certificate of attendance while places are still available. (a tte n d a n c e violence SCIENTIFIC COMMITTEE at more than 85% of Registration fees: Beatriz Belando Garín, Senior Lecturer of Administrative Law, sessions). University of Valencia. - 75 euros (55 euros academic fees + 20 euros secretary fees) for students Christoph Burchard, Lecturer, Ludwig Maximilian University Munich, enroled in all the universities of the Germany. Valencian Community. Directors: Elisabet Cerrato, Lecturer of Procedural Law, Rovira i Virgili University, - 108 euros (88 euros academic fees Teresa Freixes Sanjuán Epogender project. + 20 euros secretary fees) for students Elena Martínez García Laura Ervo, Professor of Procedural Law, Örebro University, Sweden.
  • Report to the Spanish Government on the Visit to Spain Carried out by The

    Report to the Spanish Government on the Visit to Spain Carried out by The

    CPT/Inf (2013) 6 Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 31 May to 13 June 2011 The Spanish Government has requested the publication of this report and of its response. The Government’s response is set out in document CPT/Inf (2013) 7. Strasbourg, 30 April 2013 - 2 - CONTENTS Copy of the letter transmitting the CPT’s report............................................................................5 I. INTRODUCTION.....................................................................................................................6 A. Dates of the visit and composition of the delegation ..............................................................6 B. Establishments visited...............................................................................................................7 C. Consultations held by the delegation.......................................................................................9 D. Co-operation between the CPT and the authorities of Spain ...............................................9 E. Immediate observations under Article 8, paragraph 5, of the Convention .......................10 II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED ..............................11 A. Law enforcement agencies......................................................................................................11 1. Preliminary remarks ........................................................................................................11
  • Gender and Social Inclusion Analysis (Gsia) Usaidlaos Legal Aid Support

    Gender and Social Inclusion Analysis (Gsia) Usaidlaos Legal Aid Support

    GENDER AND SOCIAL INCLUSION ANALYSIS (GSIA) USAID LAOS LEGAL AID SUPPORT PROGRAM The Asia Foundation Vientiane, Lao PDR 26 July 2019 TABLE OF CONTENTS Table of Contents ............................................................................................................................... i Acronyms ......................................................................................................................................... iii 1. Introduction ...................................................................................................................................1 1.1 Background .......................................................................................................................................... 1 1.2 The Laos Legal Aid Support Program................................................................................................... 1 1.2 This Report ........................................................................................................................................... 2 1.3 Methodology and Coverage ................................................................................................................ 2 1.4 Limitations ........................................................................................................................................... 3 2. Contextual Analysis ........................................................................................................................3 2.1 Gender Equality ..................................................................................................................................
  • 1 BACKGROUND PAPER1 on ATTACKS AGAINST GIRLS SEEKING to ACCESS EDUCATION Table of Contents INTRODUCTION

    1 BACKGROUND PAPER1 on ATTACKS AGAINST GIRLS SEEKING to ACCESS EDUCATION Table of Contents INTRODUCTION

    BACKGROUND PAPER1 ON ATTACKS AGAINST GIRLS SEEKING TO ACCESS EDUCATION Table of Contents INTRODUCTION........................................................................................................ 2 I. FRAMING THE PROBLEM .................................................................................. 4 II. THE APPLICABLE INTERNATIONAL LEGAL AND POLICY FRAMEWORKS ON EDUCATION ......................................................................... 6 A. THE FOUR ‘AS’ FRAMEWORK ............................................................................... 8 B. RIGHTS THROUGH EDUCATION ............................................................................. 9 III. ATTACKS ON GIRLS’ EDUCATION IN SITUATIONS OF INSECURITY AND CRISIS............................................................................................................... 10 IV. CAUSES AND CONSEQUENCES OF ATTACKS ON GIRLS’ EDUCATION ............................................................................................................. 14 A. CAUSES OF ATTACKS AGAINST GIRLS’ EDUCATION ............................................... 14 B. HUMAN RIGHTS CONSEQUENCES OF ATTACKS ON GIRLS’ EDUCATION ................... 17 V. CONCLUSIONS AND RECOMMENDATIONS .............................................. 22 VI. RESOURCES ....................................................................................................... 28 1 This background paper will be presented to the Committee on the Elimination of Discrimination of against Women, to contribute to the
  • Sex Discrimination in the Legal Profession: Historical and Contemporary Perspectives

    Sex Discrimination in the Legal Profession: Historical and Contemporary Perspectives

    Valparaiso University Law Review Volume 39 Number 4 Summer 2005 pp.859-909 Summer 2005 Sex Discrimination in the Legal Profession: Historical and Contemporary Perspectives Audrey Wolfson Latourette Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Audrey Wolfson Latourette, Sex Discrimination in the Legal Profession: Historical and Contemporary Perspectives, 39 Val. U. L. Rev. 859 (2005). Available at: https://scholar.valpo.edu/vulr/vol39/iss4/3 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Latourette: Sex Discrimination in the Legal Profession: Historical and Conte SEX DISCRIMINATION IN THE LEGAL PROFESSION: HISTORICAL AND CONTEMPORARY PERSPECTIVES Audrey Wolfson Latourette* I. INTRODUCTION The legal and cultural barriers that confronted nineteenth century American women with respect to obtaining entrance to the legal profession were onerous. In an era in which religious mandates and cultural norms proscribed any role for women other than the proper sphere of mother and wife, and legal obstacles to owning property, voting, and keeping one’s wages existed, the notion that a woman would depart from the sanctity of the home and enter the combative and powerful legal profession was viewed as anathema. The male bastion of jurisprudence overwhelmingly rejected the idea that the weaker, submissive sex could successfully undertake legal training and competently engage in advocacy in a public arena.
  • Access to a Lawyer and Procedural Rights in Criminal Proceedings And

    Access to a Lawyer and Procedural Rights in Criminal Proceedings And

    JUSTICE Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings warrant arrest in criminal and European rights and procedural a lawyer to access in practice: Rights Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings Photos (cover & inside, from left to right): ©AdobeStock: theaphotography, WavebreakmediaMicro, peterschreiber.media. More information on the European Union is available on the internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2019 Print: ISBN 978-92-9474-642-9 doi:10.2811/825632 TK-02-19-332-EN-C Web: ISBN 978-92-9474-643-6 doi:10.2811/291539 TK-02-19-332-EN-N © European Union Agency for Fundamental Rights, 2019 For any use or reproduction of photos or other material that is not under FRA’s copyright, permission must be sought directly from the copyright holders. Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings Foreword Protecting the rights of anyone suspected or accused of a crime is an essential element of the rule of law. Courts, prosecutors and police officers need to have the power and means to enforce the law – but trust in the outcomes of their efforts will quickly erode without effective safeguards to control how their powers are actually used. Such safeguards take on various forms. Everyone is presumed to be innocent until found guilty by a court of law. People have the right to remain silent and not incriminate themselves. They should be told why they are being arrested or what they are being charged with.
  • Mapping the Impact of Gender Equality Provisions and Constitutionmaking

    Mapping the Impact of Gender Equality Provisions and Constitutionmaking

    Mapping the Impact of Gender Equality Provisions and Constitutionmaking STUDENT WORKING PAPERS Penn Law Seminar on International Women’s Human Rights taught by Rangita de Silva de Alwis, Associate Dean of International Programs Report presented to UN Women and the Office of the High Commissioner for Human Rights on May 6, 2016 MAPPING THE IMPACT OF GENDER EQUALITY PROVISIONS IN CONSTITUTIONS IN EMERGING DEMOCRACIES AND POST- CONFLICT INTRODUCTION The Convention on the Elimination of Discrimination of All Forms Against Women (CEDAW) and Security Council Resolution 1325 inspired us to examine the impact of constitutional gender equality provisions on women’s participation and legal protection. The United Nations General Assembly passed the CEDAW in 1979, and, since then, it has seen almost universal acceptance. The CEDAW brought and continues to bring critical attention to the importance of women’s international human rights and provides a framework for states to use in formulating national and local legislation that can and will protect those rights. Additionally, the Security Council Resolution 1325, passed in 2000, rallied all member states to recommit to bringing more women to the table in order to create, prevent, and ensure long lasting peace and tranquility. The Resolution called for women’s participation and protection to be at the forefront of each and every national and international agenda. Resolution 1325 led to subsequent resolutions, including 1820 and 2122, all of which advance women’s empowerment at the international level, and, with a top-down approach, aim to improve the lives of women all around the world. However, in order to have the most significant impact, the CEDAW and Resolution 1325 must be implemented domestically.
  • Lesbian Perspective, Lesbian Experience, and the Risk of Essentialism Patricia A

    Lesbian Perspective, Lesbian Experience, and the Risk of Essentialism Patricia A

    Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-1994 Lesbian Perspective, Lesbian Experience, and the Risk of Essentialism Patricia A. Cain Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Recommended Citation 2 Va. J. Soc. Pol'y & L. 43 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. LESBIAN PERSPECTIVE, LESBIAN EXPERIENCE, AND THE RISK OF ESSENTIALISM Patricia A. Cain* INTRODUCTION In the spring of 1989 at the 20th National Conference on Women and the Law, I made a plea for feminist legal theorists to consider les- bian perspective and experience in the formulation of their theories.' I argued that ignoring the reality of our (i.e., lesbians') different experi- ence is to fall into the "essentialist trap."'2 In other words, I believed then, as I do now, that it is dangerous to build grand or totalizing feminist theory from the perspective of only a few women. Two important things have happened since I gave that speech: (1) some people have told me that they perceived my project as one de- signed to uncover the "essential lesbian" and add her voice to the building of feminist legal theory; and (2) other people, including les- bian lawyers and academics, have pushed far beyond my 1989 chal- lenge and are working on the development of a lesbian legal theory.
  • EUROPEAN COMMISSION for the EFFICIENCY of JUSTICE (CEPEJ) the Role of Lawyers in Judicial Proceedings in Europe Isabelle Andouls

    EUROPEAN COMMISSION for the EFFICIENCY of JUSTICE (CEPEJ) the Role of Lawyers in Judicial Proceedings in Europe Isabelle Andouls

    EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) The Role of Lawyers in Judicial Proceedings in Europe Isabelle Andoulsi Université Libre de Bruxelles (U.L.B.) Institut d’Etudes européennes May 2012 The Role of Lawyers in Judicial Proceedings in Europe Table of contents INTRODUCTION ...........................................................................................................................................3 PART I: .. THE ROLE OF LAWYERS IN JUDICIAL PROCEEDINGS IN THE MEMBER STATES OF THE COUNCIL OF EUROPE ................................................................................................................................5 Chapter I:The profession of lawyer ...........................................................................................................5 I. General .............................................................................................................................................5 II. Rules governing the profession ....................................................................................................8 A. Organisation of the profession .....................................................................................................8 B. Access to the profession ........................................................................................................... 10 C. Continuing education and other training ................................................................................... 11 III. Exercising the profession ..........................................................................................................