Academic literature on the topic 'Sex discrimination against women Australia'

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Journal articles on the topic "Sex discrimination against women Australia"

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Taylor-Sands, Michelle M. "The Discriminatory Legal Barrier of Partner Consent in Victorian ART Law: EHT18 v Melbourne IVF." Medical Law Review 27, no. 3 (2019): 509–18. http://dx.doi.org/10.1093/medlaw/fwz010.

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Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.
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Alessa, Amani Saleh. "Sex Discrimination within Kuwaiti Laws. Part 2." Arab Law Quarterly 24, no. 3 (2010): 225–92. http://dx.doi.org/10.1163/157302510x504962.

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AbstractThis article focuses on several different issues of discrimination against women. While some such discriminatory issues are based on law, others are in fact based on just a matter of practice. Interestingly enough, some of the sex discrimination issues actually dispute the Shari‘a. One example can be found in education. The Shari‘a encourages education for both sexes while, historically, women have been denied education. The importance of mentioning the Shari‘a here is that, while Kuwait claims that it is an Islamic country and devoted to the Shari‘a, especially when it comes to women, this article proves that it is culture, not the Shari‘a, that represses women.
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Prenzler, Tim. "Equal Employment Opportunity and Policewomen in Australia*." Australian & New Zealand Journal of Criminology 28, no. 3 (December 1995): 258–77. http://dx.doi.org/10.1177/000486589502800302.

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Limited statistics make for difficulties in producing a clear picture of the impact of equal employment opportunity policies in Australian police services. Available figures indicate that pre-entry physical ability tests are a significant source of attrition of aspiring policewomen. Women also appear to be disproportionately more likely to separate as a result of maternal obligations, and report higher incidents of sexual harassment and sex discrimination in promotion and deployment. Considering the historical marginalisation of women in policing, Australian police services have made large steps forward in reducing discrimination in a relatively short period of time. Improvements can nonetheless be made in making policing a more viable career option for women, and recruiting appears to be the main area where proactive measures are needed.
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Baker, Lesley. "Sex Discrimination Against Part-Time Workers: The “Biggs” Issues for Women." Feminist Legal Studies 6, no. 2 (May 1998): 257–71. http://dx.doi.org/10.1007/bf03359632.

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Forster, Christine, and Vedna Jivan. "Sex as a Protected Ground in International and Domestic Law." Brill Research Perspectives in Comparative Discrimination Law 4, no. 3-4 (June 15, 2021): 1–124. http://dx.doi.org/10.1163/24522031-12340010.

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Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.
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Firdaus, Nada, and Yulistiyanti Yulistiyanti. "DISCRIMINATION OF GENDER AGAINST WOMEN IN THE NOVEL KIM JI-YOUNG, BORN 1982 BY CHO NAM-JOO." Dinamika Bahasa dan Budaya 17, no. 2 (September 30, 2022): 17–30. http://dx.doi.org/10.35315/bb.v17i2.9068.

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Sex-based discrimination includes gender discrimination. The fundamental cause of gender discrimination against women is that patriarchal ideology shapes society’s attitudes and behaviors. This study examines how women are treated differently because of their gender in the novel Kim Ji-Young, Born 1982. This study aims to find out the types and impacts of gender discrimination against women in the novel. This study is categorized as qualitative research and uses a feminism approach. The feminism theory presented in Simone de Beauvoir’s book The Second Sex (1949) is used by the researcher to analyze the novel. The researcher discovered two types of gender discrimination in Kim Ji-Young, Born 1982; gender discrimination in domestic spaces and gender discrimination in public spaces. The five different forms of gender discrimination in domestic spaces are; (1) the expectation that women should have male offspring, (2) the favoritism toward sons over daughters, (3) the idea that sons are the ones who ensure the success of the family, (4) woman as a reproducer, and (5) woman as a housewife. The novel also shows three forms of gender discrimination in public spaces; (1) discrimination toward women in school, (2) discrimination toward women in the workplace, and (3) sexual harassment of women. Furthermore, the main character, Kim Ji-Young, experiences gender discrimination against women, and the impacts of the gender discrimination on Kim Ji-Young are feeling inferior and experiencing mental changes. Keywords: gender discrimination, feminism, patriarchy ideology, novel
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Alessa, Amani Saleh. "Sex Discrimination within Kuwaiti Family Law. Part 1." Arab Law Quarterly 24, no. 2 (2010): 119–90. http://dx.doi.org/10.1163/157302510x497312.

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Family Law in Middle Eastern countries in general and in Kuwait in particular has always been an example of the subordination of women in areas such as marriage, divorce, alimony, and custody. Since Family Law is based on the Shari'a, some jurisprudents claim that it is fair to all women and that claiming otherwise is speaking against the Shari'a. However, this article is meant to get to the root of Family Law articles that show unjust treatment of women. Much of such injustice depends on the opinions of some jurisprudents with no evidence from either the Qur'ān or the Hadīth, while other articles that are rooted in the Qur'ān can be interpreted in different ways that provide a certain degree of justice to women.
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Hohnke, Mark, and Patrick O'Brien. "Discrimination Against Same Sex Attracted Youth: The Role of the School Counsellor." Australian Journal of Guidance and Counselling 18, no. 1 (July 1, 2008): 67–75. http://dx.doi.org/10.1375/ajgc.18.1.67.

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AbstractBeginning with a discussion of current legislation in Australia around inclusion, this paper highlights recent research into the school experience of Same Sex Attracted Youth (SSAY), including the issues faced by students, and the negative outcomes of such experiences. The school experiences of SSAY youth is positioned within a social justice framework. The critical role that school counsellors can play in determining school culture is examined. The role of a school counsellor as part of a pastoral care team within school management is also highlighted. Factors that may influence a more supportive and inclusive school culture are discussed.
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Gogarty, Brendan, Anja Hilkemeijer, and Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage." Alternative Law Journal 43, no. 3 (August 16, 2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.

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In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.
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Briddick, Catherine. "When Does Migration Law Discriminate Against Women?" AJIL Unbound 115 (2021): 356–61. http://dx.doi.org/10.1017/aju.2021.50.

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It is possible to identify gendered disadvantage at almost every point in a migrant woman's journey, physical and legal, from country of origin to country of destination, from admission to naturalization. Rules which explicitly distribute migration opportunities differently on the grounds of sex/gender, such as prohibitions on certain women's emigration, may produce such disadvantage. Women may also, however, be disadvantaged by facially gender-neutral rules. Examples of indirectly disadvantageous provisions include those which classify certain forms of labor as either “low-” or “high-” skilled, using this categorization to distribute migration opportunities differentially. Such rules may disproportionately affect the mostly female workers whose labor in certain fields is considered “low-skilled” in comparison to that undertaken by their predominantly male, “high-skilled” counterparts. Scholars have identified the diverse ways in which states’ immigration and nationality laws continue to involve gendered and racialized exclusion, subordination, and violence. Migration control practices, including those concerned with deterrence, detention, and deportation, have also been impugned on these bases. This essay draws on this literature to examine whether rules that produce gendered disadvantage are open to challenge under the international legal regime charged with eradicating discrimination against women, the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
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Dissertations / Theses on the topic "Sex discrimination against women Australia"

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Stella, Leonie C. "Trawling deeper seas: the gendered production of seafood in Western Australia." Thesis, Stella, Leonie C. (1998) Trawling deeper seas: the gendered production of seafood in Western Australia. PhD thesis, Murdoch University, 1998. https://researchrepository.murdoch.edu.au/id/eprint/346/.

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This thesis explores the sexual division of labour in three worksites associated with the Western Australian Fishing industry: fishers' households, a seafood processing company and fishing vessels. There has been no previous substantial study of the labour of women in Australian fishing industries. My research has been primarily undertaken by interviewing women and men who work in the Western Australian fishing industry, and my findings are presented through a comparison with overseas literature relative to each site. As I found, in the households of fishermen, women do unpaid and undervalued labour which includes servicing men and children; managing household finances and operating fishing enterprises. In seafood processing companies women are allocated the lowest paid and least rewarding work which is regarded as women's work. On-the factory floor issues of class, race/ ethnicity and gender intersect so that the majority of women employed in hands-on processing work are migrant women from a non-English speaking background. The majority of women who work at sea are cook/ deckhands who are confronted by a rigid sexual division of labour, and work in a hyper-masculine workplace. The few other women who have found a niche which enables them to enjoy an outdoor lifestyle while they earn their own living, are those who work as autonomous independent small boat fishers. In each site there is evidence that women, individually and collectively, exercise some power in determining how and where they work, but they remain marginalised from the more lucrative sites of the industry, and have limited access to economic and social power.
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Stella, Leonie C. "Trawling Deeper Seas: the Gendered Production of Seafood in Western Australia." Murdoch University, 1998. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20040913.155811.

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This thesis explores the sexual division of labour in three worksites associated with the Western Australian Fishing industry: fishers' households, a seafood processing company and fishing vessels. There has been no previous substantial study of the labour of women in Australian fishing industries. My research has been primarily undertaken by interviewing women and men who work in the Western Australian fishing industry, and my findings are presented through a comparison with overseas literature relative to each site. As I found, in the households of fishermen, women do unpaid and undervalued labour which includes servicing men and children; managing household finances and operating fishing enterprises. In seafood processing companies women are allocated the lowest paid and least rewarding work which is regarded as "women's work". On-the factory floor issues of class, race/ ethnicity and gender intersect so that the majority of women employed in hands-on processing work are migrant women froma non-English speaking background. The majority of women who work at sea are cook/ deckhands who are confronted by a rigid sexual division of labour, and work in a hyper-masculine workplace. The few other women who have found a niche which enables them to enjoy an outdoor lifestyle while they earn their own living, are those who work as autonomous independent small boat fishers. In each site there is evidence that women, individually and collectively, exercise some power in determining how and where they work, but they remain marginalised from the more lucrative sites of the industry, and have limited access to economic and social power.
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Stella, Leonie. "Trawling deeper seas : the gendered production of seafood in Western Australia /." Access via Murdoch University Digital Theses Project, 1998. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20040913.155811.

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Bridges, Donna V., University of Western Sydney, of Arts Education and Social Sciences College, and School of Humanities. "The gendered battlefield : women in the Australian Defence Force." THESIS_CAESS_HUM_Bridges_D.xml, 2005. http://handle.uws.edu.au:8081/1959.7/471.

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This thesis seeks to understand and critically discuss gender inequalities in the Australian Defence Force (ADF) as a barrier to full integration. This is achieved through an exploration of current literature, policy and legal documents, and from the point of view of a sample of ADF women. The purpose of this thesis is to determine whether constructions of gender devalue, exclude and therefore oppress women in the ADF and to determine whether constructions of gender legitimise the subordinate position of female personnel within the ADF. The study locates the ‘voices’, the experiences, and opinions of a group of female ADF personnel in order to hear from the ‘central’ players. The thesis contributes to current debates by: providing a platform for female members of the ADF to relate their experiences and opinions, thereby, giving a voluntary voice to women who are often not heard from in the debates; providing a feminist perspective -which in the Australian context is scant, as Australian feminisms have been reluctant to approach this controversial area; providing a critical perspective that is complementary to in-house research, through conducting the research from a position outside the ADF. The aims of the research are to explore the culture of the ADF, with the purpose of illustrating the underlying causes of barriers to full integration. It aims to understand where unequal treatment arises from, how inequity manifests, how this impacts on women, and how ADF resources are ultimately misused by the excluding of women from certain employments. Coming from a pacifist position I originally wanted to know why women would want to join the ADF, this question was easily answered through the beginning phases of the research. Through the research fieldwork I was led in the direction of focusing on the gendered nature of Defence culture. Government and ADF policy on combat exclusions I found to be a barrier to integration that impact upon career progression in the ADF. The research further revealed a disturbing realisation that Australian women continue to be denied full citizenship rights and responsibilities due to the inequities of restrictions on military service. The research led to the finding that women are excluded from roles in the ADF based on the mythology that women’s service is inferior to that of males. Issues presented in the arguments for cohesion, physical strength, and protectionism are military myths that seek to continue to exclude from positions of leadership, prestige and power in the ADF. Women’s current and potential roles in combat and peacekeeping are presented in the thesis as ultimate case studies revealing how women are denied equal employment rights in the ADF
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Pini, Barbara. "From the paddock to the boardroom: The gendered path to agricultural leadership in the Australian sugar industry." Thesis, Queensland University of Technology, 2001. https://eprints.qut.edu.au/36642/1/36642_Digitised%20Thesis.pdf.

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The most recurrent theme in the early literature on women and farming is of women's invisibility. By the end of the 1990s, however, an important shift had occurred with farm women's increased visibility. Two international conferences had been held on women and agriculture, numerous rural women's groups had been formed across the world and a substantial literature had emerged documenting women's role and work on farms. However, despite the increased prominence given to the private lives of women farmers, they are still largely unrepresented in the public sphere of agriculture. In the Australian cane industry, for example, women hold none of the 181 elected positions of leadership in their agri-political group, CANEGROWERS. This anomaly between what we now know about women's important role in farming and their absence from decision-making positions in the sector, has shifted the focus of academic work on women and agriculture from examining family farming to studies of organisational culture and leadership. This thesis contributes to this shift in academic focus by reporting on an in-depth study of a single agri-political organisation, the Australian sugar industry's, CANEGROWERS. Its significance is that it makes important and critical links between the gendered processes and practices on the farm and the gendered processes and practices of the agri-political group. In both metaphorical and real terms it makes links between the 'paddock' and the 'board room'. This research derives its feminist perspective from a commitment to five key principles. These are focusing on women, valuing women's experiences and knowledge, rejecting the split between subject and object, emphasising consciousness raising and emphasising political change and emancipation. The research design includes both qualitative and quantitative data collection methods. A case study of CANEGROWERS using in-depth interviews with fifteen elected members, participant observation and document analysis, provides contextual data on the organisation and its practices and processes. A survey of 234 women involved in the industry gives a quantitative perspective on the nature of women's farm work, the barriers to their participation in CANEGROWERS and possible strategies to facilitate greater participation. Two final case studies of the district locations of Mackay and the Herbert River are used to present a descriptive and localised understanding of the issues. Both case studies use a range of methods including focus groups with forty women, in-depth interviews with CANEGROWERS' staff members and women who have stood for election, participant observation and document analysis. The main finding that emerges from this thesis is that the path to leadership within the agri-political group CANEGROWERS is subjective, closed and distinctly gendered. This is in distinct contrast to the way it is represented by elected members and some CANEGROWERS' staff as a process which is objective, open and gender neutral. This gendered path to leadership begins with how the notion of farmer is constructed solely in terms of the on-farm physical work undertaken largely by men. Thus; importantly, women's work on sugar cane farms, what they do and what they do not do, is intricately connected with their level of participation in the organisation CANEGROWERS. The research provides evidence of the fact that women are actively involved on sugar cane farms performing a myriad of roles which contribute to the industry's sustainability. However, the roles they perform and the knowledge needed to conduct these roles are not valued. What work and knowledge is valued is that relating to on-farm physical labour. Despite the popular and mainstream rhetoric about the need for new types of farming and new types of farmers, there persists across the industry a view that the farmer is involved solely (or most importantly) in physical work and it is this which is given status. To be a farmer is to do physical work and to do physical work is to be a male. Furthermore, having legitimacy within the industry as an elected leader is equated with one's status as a farmer and the knowledge one has as a result of participation in on-farm physical work. Thus, while elected members cite the importance of having a diversity of knowledge to make up an effective agri-political board, the knowledge to which they refer is extremely narrow. The knowledge that women might have, for example, as a result of their high level of participation in financial management, is not afforded the same status and therefore does not entitle them to be a contender for industry leadership. Even on those few occasions in the sugar industry, where; because of their involvement in physical work, women have seen themselves as having a right to stand as an elected member, the gendered path to leadership continues to militate against their involvement. They are told to be visible in an industry where women are seldom seen, in an industry which rarely gives visibility to the work they do or the knowledge they have and in an industry where their contribution as partners in a farming enterprise does not necessarily entitle them to :franchise in the organisation. In addition, women do not have access to the same opportunities as men for demonstrating their visibility because the types of forums where visibility is judged (such as at industry meetings) are the very forums where women report their presence as being either denigrated or questioned. An understanding of rural culture provides further insight into the gendered nature of visibility and the way in which men's visibility is judged very differently from women's visibility. Within this culture, a woman who does demonstrate visibility may find herself censured by both women and men for operating against the status quo. The gendered path to leadership within CANEGROWERS culminates in both the definition and application of merit. While the term is purported by CANEGROWERS' elected members to be gender neutral an examination of the many extraneous factors which impact on the electoral process and the way in which they have differential meanings for women and men indicate that this is not the case. These factors include lack of options, longevity in office, grooming for office, the concept of tradition and family name, popularity, appointments outside of election, the conservatism of the constituency and protocol. Ultimately, within the organisation CANEGROWERS, merit has been equated with being a male. The research concludes that, while very few strategies have been initiated by CANEGROWERS to address the question of women's representation, there is some possibility for change in industry-based networks for women. These networks have the potential to challenge homogeneous and androcentric constructions of terms such as 'knowledge' and 'merit' and the potential to give women the confidence, space and opportunity to be 'visible'. Unfortunately, the findings indicate that there has been a high level of resistance to these networks. The resistance has characterised the involvement of women as a divisive force for families, communities and the broader industry. The potency of this discourse in terms of limiting women's involvement in networks is evident when one appreciates the way in which farm women so often subjugate their own needs to ensure that harmonious relationships are maintained. Overall, to be a successful force for positive change, sugar industry networks for women must be seen as legitimate forums for women to practice industry leadership, must be given unequivocal support from industry leaders and must be adequately resourced by the organisation. Most importantly, the formation of these networks must not be viewed as absolving the organisation from any need to make changes to its culture, processes and practices. The aim must be to make CANEGROWERS not just a 'men's organisation' as it was so often described in this research, with women's networks on the margins, but an organisation where both men and women can participate fully and equally. It would be unjust and inexcusable if CANEGROWERS' commitment to this research was used to suggest that impediments to women achieving leadership positions exist only in the sugar industry. The evidence that is available from the broader studies cited above is that this is not the case. What is different about CANEGROWERS is that they have commissioned research which has examined the nature of the culture and the construction of merit within the industry. That other agricultural industry groups have not cannot be used to suggest that CANEGROWERS or the sugar industry are particularly different from other agencies or industries. It is likely that very similar cultural constraints exist within their own agencies and industries. At the same time, knowing that women are likely to experience difficulties in participating in leadership in other agricultural agencies does not excuse or justify women's lack of inclusion in CANEGROWERS. This merely indicates that the entire agricultural sector needs to work harder to achieve greater diversity in representative decision-making positions.
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Bridges, Donna V. "The gendered battlefield women in the Australian Defence Force /." View Thesis, 2005. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20060210.095046/index.html.

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Yau, Kin-man Angela. "Changes in educational and working opportunities for women of China and Japan." Click to view the E-thesis via HKUTO, 2001. http://sunzi.lib.hku.hk/hkuto/record/B31953335.

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Chwang, Lam-ying Constance. "Working women in Japan and Hong Kong." [Hong Kong : University of Hong Kong], 1991. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13022180.

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Cheung, Wing-kan Simon. "The changing role of women police officers in the Royal Hong Kong Police during the past ten years." Hong Kong : University of Hong Kong, 1997. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18596514.

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Bundens, Robert William. "The effects of employee gender, performance level, and decision-maker's dogmatism on causal attributions and personnel decisions /." Access abstract and link to full text, 1986. http://0-wwwlib.umi.com.library.utulsa.edu/dissertations/fullcit/8605247.

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Books on the topic "Sex discrimination against women Australia"

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Larmour, Constance. Sex discrimination legislation in Australia. [Barton, ACT]: Parliament of the Commonwealth of Australia, 1987.

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Larmour, Constance. Sex discrimination legislation in Australia. [Barton]: Dept. of the Parliamentary Library, 1985.

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Easteal, Patricia Weiser. Women and the law in Australia. Chatswood, N.S.W: LexisNexis Butterworths, 2010.

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Larmour, Constance. Affirmative action legislation in Australia. [Barton, A.C.T.]: Legislative Research Service, Dept. of the Parliamentary Library, 1986.

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A man's town: Inequality between women and men in rural Australia. Melbourne: Oxford University Press, 1992.

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Mumford, Karen. Occupational and industrial segregation of Australian women. [North Ryde, N.S.W.]: Macquarie University, School of Economic and Financial Studies, 1986.

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Deborah, Lawrie, ed. Letting fly: Deborah Wardley, Australia's trail-blazing pilot. St. Leonards, NSW, Australia: Allen & Unwin, 1992.

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Sandy, Cook, and Bessant Judith, eds. Women's encounters with violence: Australian experiences. Thousand Oaks: Sage Publications, 1997.

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Sex & secrets: Crimes involving Australian women since 1880. Melbourne: Oxford University Press, 1990.

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Phillips, Murray George. An illusory image: A report on the media coverage and portrayal of women's sport in Australia 1996. [S.l.]: Australian Sports Commission, 1997.

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Book chapters on the topic "Sex discrimination against women Australia"

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Steele, Linda, and Beth Goldblatt. "The Human Rights of Women and Girls with Disabilities: Sterilization and Other Coercive Responses to Menstruation." In The Palgrave Handbook of Critical Menstruation Studies, 77–91. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-0614-7_8.

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Abstract Steele and Goldblatt argue that menstruation is a key site for discrimination and violence against women and girls with disabilities and that the law has been complicit in sustaining these injustices. The authors make this argument by exploring the law as it relates to sterilization and provide an overview of some of the legal dimensions of menstruation in relation to women and girls with disabilities. The authors offer Australia as a case study of the human rights challenges for this population. The study concludes with a call for critical menstruation studies scholarship to engage with the legal dimensions of menstruation in relation to women and girls with disabilities and consider how mainstream menstruation activism can address this population’s experiences and needs.
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Afrouz, Rojan, and Beth R. Crisp. "Anti-oppressive Practice in Social Work with Women Wearing Hijab." In Exploring Islamic Social Work, 203–18. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-95880-0_12.

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AbstractReligious beliefs are central to the identity of many people, often signalled by their physical appearance, for example, clothing, hair or jewellery. If prevented from such a form of self-expression, some take action against what they consider a contravention of their human rights. The predominance of this discourse can obscure the possibility that there are others who are forced to signal a religious viewpoint which they may not subscribe to. This chapter explores the wearing of hijab by Afghan women who have lived in Australia less than 10 years. While some choose to wear hijab, there were others who spoke of being forced to wear hijab as a form of domestic violence. Furthermore, whereas for some, not wearing hijab represents a freedom to dress in accordance with their understandings of Australia as a secular society, a few felt that wearing clothes which marked them as Islamic increased the likelihood of attracting xenophobia and discrimination. Hence, for many women, decisions around hijab represented compromise between the demands of their family, the Afghan community and the wider Australian society, rather than a free choice. Consequently, if social workers assume women’s religious beliefs and identity are congruent with their appearance they may inadvertently be contributing to women’s oppression. As such, this chapter explores notions of anti-oppressive practice when working with Muslim women living in non-Muslim majority countries, particularly in respect of dress codes which are associated with Islam.
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Tai, Eika. "Discrimination against Women." In Comfort Women Activism, 105–30. Hong Kong University Press, 2020. http://dx.doi.org/10.5790/hongkong/9789888528455.003.0005.

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Feminist scholars argue that the licensed prostitution system, a system of sexual slavery created in prewar Japan to complement the patriarchal system, became the basis of the wartime comfort women system. They have begun to examine the comfort women issue in relation to contemporary issues of sexual violence such as adult videos, pointing out that deep-seated sex culture of Japan as a reason for the social resistance against taking responsibility for the issue. Activists in the comfort women movement include those involved in the women’s liberation movement of the early 1970s, in which the comfort women issue was problematized. One such activist, Tanimoto Ayako, criticizes in her narrative the commodification of women, pointing to similarities between survivors of Japan’s military sexual slavery and those of domestic violence in today’s Japan. In their narratives, Nakagawa Kayoko and Yamagata Junko talk about how they have struggled with pervasive gender discrimination in Japanese society from a human rights framework and from a perspective of Christianity, respectively.
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4

Edwards *, Alice. "Violence Against Women as Sex Discrimination: Judging the Jurisprudence of the United Nations Human Rights Treaty Bodies." In Equality and Non-Discrimination under International Law, 389–448. Routledge, 2017. http://dx.doi.org/10.4324/9781315094410-17.

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5

Taylor, Stephen, and Astra Emir. "17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)." In Employment Law, 289–301. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806752.003.0017.

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This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.
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Saade, Marta Vides. "Procedural Remedies as Continuing Violations and Therapeutic Jurisprudence as Best Practice to Prevent Workplace Harassment in the United States." In Therapeutic Jurisprudence and Overcoming Violence Against Women, 147–70. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2472-4.ch010.

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The well-being of adversaries and witnesses participating in workplace gender and sex discrimination actions filed under federal and state laws in the United States is generally not considered as important. These actions are typically initiated within the personal workplace where the offending conduct presumably occurred, and proceed in an already tension filled atmosphere. The effect is that the procedure itself becomes an additional violation harming claimants through overt and micro-aggressions. These practices have focused on “rule” not “relational” principles. Conventional law and policy frameworks inadequately address the harms these processes promote. This chapter will move from the limitations of rights-based regulation to a jurisprudence of imperfect obligations and vulnerability, incorporating therapeutic understandings of needs and relationships, as the more inclusive and equitable foundation of institutional practices. It offers “best practices” models in therapeutic jurisprudence as alternatives to resolve workplace conflicts.
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7

Sundstrom, Lisa McIntosh, Valerie Sperling, and Melike Sayoglu. "What Gender Discrimination? Psychological and Sociocultural Barriers." In Courting Gender Justice, 29–68. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932831.003.0002.

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Chapter 2 examines the barriers that often prevent women from taking even the first step of initiating a domestic court case on discrimination. This chapter investigates the domestic psychological, cultural, and material obstacles to gender discrimination cases in the Russian court system. It discusses the psychological and cultural obstacles to bringing sex-based discrimination cases to Russian courts (such as the popular tendency to regard sex-based discrimination in the public sphere as a natural and justified reflection of sex-role stereotypes, and the desire to solve “personal” problems such as domestic violence privately rather than in the public eye). It discusses the negative views toward feminism in Russia. The chapter covers different types of sex-based discrimination in Russia: employment discrimination and maternity leave, gender discrimination in custody suits, gender discrimination in education, and violence against women as a type of discrimination. The chapter concludes that people who are inclined to activism are the ones most likely to be willing to bring a court case and persist in the legal process.
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Sundstrom, Lisa McIntosh, Valerie Sperling, and Melike Sayoglu. "Turkish Gender Discrimination Cases in Domestic and International Courts." In Courting Gender Justice, 175–224. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932831.003.0006.

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Chapter 6 is a comparative inquiry into the international and domestic opportunity structure for gender discrimination court cases. The chapter asks, how generalizable are the barriers and opportunities to bringing sex-based discrimination cases to the European Court of Human Rights (ECtHR) from Russia to other Council of Europe member states? The chapter examines social, interpersonal, and material barriers to bringing gender discrimination and LGBT discrimination cases in Turkey. It looks at types of gender discrimination, including domestic violence and honor killing, as well as violence against members of the LGBT community, such as hate crimes. The chapter includes an in-depth analysis of discrimination cases from Turkey regarding both women and LGBT citizens, and finds that, with a few illuminating exceptions, the barriers in Turkey are similar to those in Russia (these include reluctance to go to court, stereotypical attitudes toward sex-based and LGBT discrimination among law enforcement and in the courts, a lack of statistical data to prove patterns of discrimination, lengthy procedures and unsatisfying court decisions and/or implementation of decisions, and a lack of legal training on discrimination). In addition to discussing important gender discrimination and LGBT discrimination cases in domestic court in Turkey, the chapter covers ECtHR rulings on Turkish cases, as well as the impact of the Convention on Eliminating All forms of Discrimination Against Women (CEDAW), and the Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence.
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Mulder, Jule. "Remote Working, Working from Home, and EU Sex Discrimination Law." In Exponential Inequalities, 276–94. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192872999.003.0015.

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Abstract The chapter discusses how EU sex discrimination law can respond to new work-life arrangements that are emerging due to the worldwide pandemic and put significant emphasis on flexibility and working from home. While flexible remote work arrangements can help carers to organize their work responsibilities around (unpaid) care responsibilities, such working arrangements can also carry significant disadvantages, as workers with care responsibilities have to renegotiate their private arrangements to accommodate work. For example, the creation of reasonable workspaces and time at home may seriously interfere with the way families’ private lives are organized and the absence from the workplace may mean that workers miss out on opportunities for progression and career development. Given that care responsibilities remain gendered across the EU and women are more likely to belong to the poorer parts of society or to be single parents, it is likely that these additional burdens fall on women more significantly than men. Against this background, the chapter considers remote work arrangements in the light of EU non-discrimination law. First, it evaluates how (indirect) sex discrimination law can facilitate access to and enjoyment of this new workplace organization and protect workers from disadvantages associated with them. Specially, it discusses how disadvantages within the private sphere can be considered under the scope of disadvantages recognized under the concept of indirect sex discrimination, as the Court of Justice of the European Union has often separated the public and private sphere. Secondly, it analyses to what degree employers indeed need to accommodate the enjoyment of such work rearrangements.
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Patricia, Schulz, Halperin-Kaddari Ruth, Rudolf Beate, and Freeman Marsha A. "Article 1." In The UN Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192862815.003.0003.

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This chapter examines Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The concept of discrimination is the core of the Convention and runs through its overall scheme and its individual provisions. It requires taking into account gendered power relationships within societies and to identify their negative effects on women. The CEDAW Committee has been sensitive to the many different forms of discrimination against women based on sex and gender and the ways in which they may interact with discrimination based on other categories, something reflected in its consistent engagement with intersectionality and a focus on the need to ensure that the particular circumstances of disadvantaged groups of women are recognized and addressed by States parties. The Article 1 definition is the link that guarantees women protection against discrimination in relation to all human rights, not just those listed in the Convention, and the Committee has developed this to include important areas such as emergencies and humanitarian disasters, climate change, and women, peace, and security within the scope of the Convention. Moreover, the Committee has adopted a dynamic interpretation to respond to new forms and arenas of gender-based discrimination and thus brought within the Convention’s practical coverage discrimination on the grounds of sexual orientation and gender identity.
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