JenniferAmanda final.pdf (327.05 kB)
You can’t have one without the other one: “gender” in hate crime legislation
journal contribution
posted on 2020-02-11, 12:39 authored by Jennifer SchweppeJennifer Schweppe, Amanda HaynesAmanda HaynesThis article examines the question as to whether gender should be a protected
category in hate crime legislation by seeking to understand what gender is, by
elaborating its relationship to misogyny, and by placing it in the context of how
legislation in both Scotland and England and Wales addresses transphobic hate
crime. We argue that the construct of gender is inclusive of the full range of cis
and trans gender identities, and the range of manifestations of transphobia and
misogyny emanating from the system of power relations which gender signifies.
However, we also argue that the current degree of imprecision in the interpretation
and operationalisation of the terms gender, gender identity, and indeed sex, in case
law and crime statistics, necessitates that we develop a legislative approach which
is explicitly inclusive of the three terms.