Gender Competent Public Law and Policies

Preface
Contents
About the Editors
Constitutional Law and Gender
	1 Introduction
	2 Constitutionalism in Context
		2.1 From the Sexual Contract to Common Ground
		2.2 Public Politics and Private Matters
		2.3 Constitutionalism Beyond the Nation-State
		2.4 Decorum, Abuse, Distress
	3 Fundamental Rights
		3.1 From Man to Human: The Legal Subject
		3.2 Agency and Participation
		3.3 From Pyramid to Triangle: Dignity-Liberty-Equality
		3.4 From Formal to Substantive: Equality Revisited
		3.5 From Essentialism to Intersectional Diversity
	4 Foundational Structures
		4.1 The Political Dimension: Democracy
		4.2 The Legal Dimension: Rule of Law
		4.3 The Social Dimension: Welfare State
		4.4 The Material Dimension: Sustainability and the Environment
	5 The Future: Constitutionalism Taking Gender into Account
	References
The Role of the European Ombudsman in Strengthening Gender Equality Within the EU
	1 Introduction
	2 Guarantees of Equality Between Women and Men in EU Legislation
	3 The Institution of the European Ombudsman
	4 Gender Equality Cases in the European Ombudsman´s Practice
		4.1 Sexual and Psychological Harassment
			4.1.1 Prevention of Harassment
			4.1.2 Dealing with Harassment
		4.2 Pregnant Candidate Case
		4.3 Gender Discrimination in Management Positions
		4.4 Part-Time Work for National Experts
		4.5 Paternity Leave
	5 Conclusion
	Legal Documents, Internet Resources, and Cases
	References
Mainstreaming Gender into Public Policies: A Tale of Two Countries
	1 Introduction
	2 Gender Mainstreaming in Spain and Serbia: History and Current Challenges
		2.1 Spain
		2.2 Serbia
	3 Legislative and Institutional Frameworks for Gender Equality and Gender Mainstreaming
		3.1 Spain
		3.2 Serbia
	4 Gender Mainstreaming Tools and Oversight
		4.1 Spain
		4.2 Serbia
	5 Instead of Conclusions: Lessons Learned
	References
Gender Pay Gap in the Western Balkans: Why Do Women Earn Less Than Men?
	1 Introduction
	2 Assessing the Gender Pay Gap in the Western Balkans
		2.1 Albania
		2.2 Croatia
		2.3 Serbia
		2.4 Bosnia and Herzegovina
		2.5 North Macedonia
		2.6 Montenegro
	3 Possible Explanations of Gender Pay Gap
		3.1 Shared History and Gender Segregation
		3.2 Shared Political Culture
		3.3 Shared Economic Culture
		3.4 Human Capital
		3.5 Compensating Differentials
		3.6 Discrimination
	4 Adverse Economic Consequences and Policy Proposals
		4.1 Decrease in Employment and Economic Activity
		4.2 Decrease in GDP per Capita
		4.3 Policy Proposals
	5 Concluding Remarks
	References
Female Genital Mutilation as a Criminal Offence According to the Istanbul Convention
	1 Introduction
	2 Female Genital Mutilation (FGM) in General: Definition and Classification
	3 The Istanbul Convention and FGM: Relevant Provisions
		3.1 Substantial Criminal Law
		3.2 Sanctions
		3.3 Jurisdiction
	4 Justification Grounds? Medical Interventions and the Issue of Consent
	5 Spatial and Temporal Dimensions: Foreign Element and the Limitation Period
	6 Conclusion
	References
		Internet References
On Extreme Forms of Violence Against Women in Europe: Does Femi(ni)cide Exist in Germany?
	1 Introduction
	2 International Legislation and Femi(ni)cide
	3 Does Femi(ni)cide Exist in Germany?
		3.1 State Baseline Report
		3.2 Shadow Reports
	4 Minor Interpellations
	5 Motions
	6 Conclusion
	References
Femicide in Serbia: Inadequate Judicial Response
	1 Introduction
	2 Definition and Classification of Femicide
	3 Situation in Serbia
		3.1 Research on Social and Institutional Response to Femicide in Serbia
		3.2 Inadequate Judicial Response in Cases of Femicide in Serbia
			3.2.1 Cruelty and Insidiousness
			3.2.2 Jealousy as a Base Motive
			3.2.3 Previous Abuse
	4 Instead of a Conclusion: Recommendations for Prevention and Suppression of Femicide
	References
The Importance of Having a Specific Stalking Law
	1 Introduction
	2 Stalking Laws
		2.1 The Stalking Law in Sweden
		2.2 The Stalking Law in Lithuania
		2.3 Scope of Criminalized Behaviors: Comparison of Lithuanian and Swedish Stalking Law
		2.4 Sanctions: Comparison of Lithuanian and Swedish Stalking Law
		2.5 Diversification of Criminal Liability: Comparison of Lithuanian and Swedish Stalking Law
	3 Evidencing
	4 Conclusion
	References