Perception of and access to justice - a queer perspective
Justice is a social construct. It is therefore a social and dynamic process depending on place and time. This implies, among other things, questioning how the neo-liberal and capitalist system influences access to justice in Switzerland. How are people who do not fit into the heterocissexist "norm" perceived by the justice system? What resource(s) (financial, linguistic, knowledge of the judicial system, relational, etc.) is needed to obtain justice in Switzerland?
The reflections carried out as part of this work are in line with the approaches of Critical Legal Studies and Legal Consciousness Studies.
This work will thus seek to answer the questions of what justice is and what it means for the respondents and which difficulties - real or supposed - exist to find justice in Switzerland.
A mixed method approach that uses both qualitative and quantitative research methodologies will in particular focus SOGIESC persons. This implies on the one hand self-administered survey distributed in three Swiss linguistic regions and on the other hand semi-directive interviews. In a second step, this work will focus on the situation of de lege lata and de lege ferenda. This analysis of Swiss law will also require recourse to comparative law, in particular European law.
Supervisor: Prof. Dr. Christa Tobler (Law)
Co-Supervisor: Prof. Dr. Andrea Maihofer (Gender Studies)
Bio
Nils Kapferer's dissertation in Sociology (Gender Studies) and Law at the University of Basel focuses on justice and access to justice from a queer perspective. Nils has a law degree (lic. iur. / Master) and a degree in Art History and History (lic. phil. / Master) from the University of Fribourg and a postgraduate degree in International Relations (IUHEID, Geneva).
Nils Kapferer
Doktorand Gender Studies/ Juristische Fakultät
Rheinsprung 21
4051 Basel
Schweiz
nils.kapferer@unibas.ch