By considering the death of the disability activist Engracia Figueroa as the consequence of her wheelchair being damaged by an airline, this article asks whether law could accommodate a definition of legal personhood that encompasses the possibility of bodies augmented by prosthetics, technology, and mobility aids. The use of mobility aids by disabled people and the role of prosthetic penises in so-called ‘gender fraud’ cases offer two useful provocations to consider the ways in which legal personhood, if defined as largely (...) mapping on to an ideal, normative body, is becoming an increasingly inadequate legal concept in the modern age. Drawing on the work of Donna Haraway and the figure of the cyborg, this article argues that a more protean, flexible, and fluctuating understanding of legal personhood would offer both a more accurate and utopian conception of the body in law than the current essentialist approach found in a number of legal areas and particularly in English criminal law. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

This article offers an underexplored resistance strategy to gender norms, based on a feminist and queer reading of the work of French thinker Roland Barthes. Building on Barthes’s peculiar conception of what he calls “the Neutral” and revisiting his work in light of feminist and queer scholarship on sexual (in)difference, my main goal is to reshape our understanding of what it means to be gender neutral. In opposition to classical conceptions of neutrality associated with passivity, indifference, and blandness, I show (...) that Barthes’s Neutral can be conceived as an active gesture, which alters common systems of meanings and power, including the gender binary. But this conception of the Neutral, I argue, neither refers to a call for an androgynous, queer, or nonbinary gender experience. It does not target gender embodiments but gender regulations—that is, the social enforcement of gender categories (by way, for instance, of administrative forms, single-sex bathrooms, or normalizing attitudes toward others). A gender-neutral arrangement, therefore, refers to an ethical, administrative, social, or spatial relation in which subjects are not assigned based on gender categories. This practice of gender suspension, I show, has two main transformative effects. First, it opens a space of freedom and livability for gender-nonconforming subjects. Second, it contributes to lessening the significance of sexual difference in social life and therefore alleviating its symbolic and normative weight for everyone. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)