AMERICAN UNIVERISTY
WASHINGTON COLLEGE OF LAW
Gender, International and Comparative Law
Fall 2015
Professor Daniela Kraiem
Office: 4301 50th Street, NW, Suite 102 (Lower Level—enter through parking lot)
Phone: (202) 274-4249
Email: kraiem@wcl.american.edu
Mandatory Class Meetings: Tuesdays 10:30 to 12:20
Office Hours: Tuesdays 12:30 to 1:30 and by appointment
“Gender, International and Comparative Law” is an introduction to women’s rights and
LGBTI advocacy in international and comparative settings. We will explore recent
developments and challenges in international organizations, such as the UN, World Bank or
human rights treaty bodies. We will also highlight the diverse approaches taken by advocates for
gender-based equality in countries and regions around the world.
Gender cuts across all substantive areas of the law and every aspect of legal systems—
from the largest institutions to the most intimate of relations. Because we have to narrow it
down somehow, this semester we will explore in depth how international and domestic law
address sexual and reproductive health, gender-based violence, women’s economic
empowerment and development, caregiving and other domestic labor, political participation and
power, and family life. Students will also develop expertise in the status of women and LGBTI
persons in their home countries or states (within the US), and will share their findings with the
group each week.
This course is a space for students to explore how to integrate critical, intersectional,
feminist, and queer principles into their work, whether the US or elsewhere. We will take
advantage of our Washington, DC location to invite guest speakers who approach gender-based
advocacy from many different angles. The course presents opportunities for self-reflection, as
students learn to challenge their own stereotypes and biases and to learn from one another. Best
of all, it allows us to build a community of students who care about gender justice from the
school’s SJD, LLM and JD programs.
Evaluation
 Complete the reading assignments before class and actively participate in class and online discussions (10%)
 Submit 10 one to two-page “Reading Reflection Papers” (25%)
 Submit 10 “Weekly Comparative Questions” regarding the status of women and/or
LGBTI persons in their home country or state (25%)
 Submit a ten-page (@2500-3500 word) proposal for a larger research project (40%)
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Readings and Discussion
All course readings will be made available on MyWCL. Because discussion is the primary
purpose of this class, I ask that students put their computers away during class hours. There is no
final exam, and there is nothing to memorize – our goal is to learn from one another by sharing
ideas, reactions and experiences. If you need to use your computer during class as a form of
reasonable accommodation, please contact Student Affairs so that they can help us to make
appropriate arrangements.
Reading Reflection Papers
Students must submit 10 reflection papers on topics as assigned throughout the term. The papers
are an opportunity for students to react to readings, films, news items, conferences, class
discussions or other matters assigned by the instructor. The insights that you gain in drafting
your reflection papers will often form the basis for our in-class discussion. The reactions should
not be in the style of a confessional journal or diary. However, you may incorporate your own
insights and experiences. I will encourage students to discuss their reflection papers in class, but
you are not required to share personal details with other students if you do not wish to do so.
Even though the papers are relatively informal (in that you will be asked to give personal
reactions and reflections) they must still conform to academic standards regarding grammar,
punctuation and formatting. Please proofread your work.
Reading Reflection Papers must be approximately 1 to 3 double-spaced pages in length and
are due the Monday (via MyWCL) before each class by 12:00 noon.
Weekly Comparative Questions
Each week I will assign a set of questions to answer. These Weekly Comparative Questions will
give you a chance to learn more about the laws of your own country or state and bring that
information back to your classmates so that we can compare approaches and developments in
law. You will address the same country or state every week (for example, a student from
Colombia will always report on Colombia. A student from with the US will report on their state.
So, a student from New York will always report on New York). The questions will relate to the
weekly theme. For example, in a unit on same-sex marriage, you might be asked to describe the
laws regarding same-sex marriage or same-sex relations in your home country/state. You will be
asked to give some details regarding any recent changes to the law, or any significant proposals
for change. You might be asked to research how LGBTI persons establish familial-type
relationships in the absence of laws legalizing same-sex marriage, or how they might not be able
to do so at all if your country/state has criminal laws prohibiting sex-sex conduct.
Weekly Comparative Question papers must be approximately 1 double-spaced page in
length and are due the Monday (via MyWCL) before each class by 12:00 noon. Please be
sure to cite all sources.
Research Proposals
A roughly 10 double-spaced page research proposal describing preliminary research on a topic of
the student’s choosing will be due at 5:00 pm on December 18 (via MyWCL.) Full details
will be distributed later in the semester.
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Getting Assistance
I strongly encourage you to come to office hours or to make an appointment to meet with
me.
If you want to simply drop something off for me, you may leave it in the “Women and the Law
Program” box in the WCL mailroom on the 4th floor. However, please do not ever leave the only
copy of your work in my mailbox, as items often get lost in intra-campus mail.
I check my email twice a day each weekday. However, substantive discussions of course
material are generally more helpful (and more interesting!) in person. If you have any questions
or want to discuss the assignments or reading, please make an appointment to see me.
Arranging Reasonable Accommodations
My goal is to ensure that everyone is able to learn and participate fully in the course. If you need
disability-related accommodations in this class, please see me privately after class or in my
office. The Office of Student Affairs assists with disability accommodations, and can be reached
by calling 202-274-4030.
Honor Code Policy and Academic Integrity
All students must understand and abide by the Law School’s Honor Code, which may be found
at http://www.wcl.american.edu/studentaffairs/honorcode.cfm. The Law School’s Honor Code
prohibits any form of cheating on exams or written assignments. It also prohibits plagiarism, so
be certain to properly cite all information that you use in your papers (even reflection papers).
One way to prevent suspicion of plagiarism (and get higher grades!) is to write specific
references in your footnotes.
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Schedule
Week 1 -- August 25
Themes: Welcome
 Introductions and review of syllabus
 What is gender and law?
Reading (complete before class):
 Review “Gender” page at World Bank: http://www.worldbank.org/en/topic/gender
 Review “UN Women” page at UN: http://www.unwomen.org/en
 Read at least two blog posts (your choice) at IntLawGrrls: http://ilg2.org/
 Read at least two blog posts (your choice) at Pace International Law Rev. (tag archive
“gay rights”): http://pilr.blogs.law.pace.edu/tag/gay-rights/
Week 2 -- September 1
Themes: Orientation(s)
 The socio-legal study of gender
 What is comparative law and how do we do it?
Week 3 -- September 8
Themes: What’s your theory?
 Overview of feminist and queer schools of thought
Week 4 -- September 15
Themes: What does equality mean to you?
 CEDAW
 Formal equality for LGBTI persons in the international context
Week 5 -- September 22
Themes: Is “Gender Mainstreaming” a good idea?
Week 6 -- September 29
Themes: Gender and Power
 Women’s participation in formal political processes.
Week 7 -- October 6
Themes: What’s love got to do with it? Gender and family law
 Personal status laws (legal pluralism) in post-colonial contexts
Week 8 -- October 13
Themes: Gender and Development (I)
 Women’s economic empowerment
 Feminist critique of development agenda
Week 9 -- October 20
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Themes: Gender and Development (II)
 Measuring women’s empowerment and economic development
 Alternatives to neo-liberal development
Week 10 -- October 27
Themes: Gender and Development (III)
 The invisible economy: care work and informal/domestic sector work
Week 11 --November 3
Themes: Gender-based violence (I)
 International responses to violence against LGBTI persons
Week 12 -- November 10
Themes: Gender-based violence (II)
 International and regional system responses to violence against women
Week 13 -- November 17
Themes: The difference that difference makes? Sexual and reproductive health (I) and women’s
bodies.
 Contraception, abortion and the prevention of maternal mortality
 Right to sexuality
Week 14 -- November 24 (Last class)
Themes: The difference that difference makes? Sexual and reproductive health (II) and trans
bodies.
 Trans health
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