Journal articles on the topic 'Sex discrimination against women – Europe'
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Rufanova, Viktoriia Mykolaivna. "Formation of the modern paradigm of countering gender-based violence in the activities of international organizations." Herald of the Association of Criminal Law of Ukraine 2, no. 16 (December 20, 2021): 261–78. http://dx.doi.org/10.21564/2311-9640.2021.16.244320.
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The author conducted a retrospective review of the activities of international organizations through the prism of their role in forming the legislative foundation for combating gender-based violence. It is noted that for the first time at the international level the norm of equality of all people was enshrined in Art. 2 of the Universal Declaration of Human Rights in 1948. An important step towards combating gender-based violence was the signing in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Istanbul Convention visualizes the issue of gender-based violence. It has been determined that women and girls are increasingly exposed to severe forms of violence, such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honor", and genital mutilation, which constitutes a significant violation of human rights. for women and girls and is a major obstacle to achieving equality between women and men.
The author singles out three conditional periods of formation of the modern paradigm of counteraction to gender - based violence in the activity of international organizations: 1) 1945 - 1974. The basic foundations of gender equality are laid at the level of the UN Charter and the Universal Declaration of Human Rights. Combating gender-based violence was not considered through the prism of sex discrimination. The activities of the world community were aimed primarily at combating discrimination against women in the political, socio-economic and cultural spheres of society. 2) 1975-2010.During this period, all 4 World Conferences on the Status of Women were held. In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. Articles 30 of the Convention clearly define discrimination against women and propose an agenda for action at the national level to end such discrimination. The Declaration on the Elimination of Violence against Women, adopted by the General Assembly in 1993, contains a definition of violence against women. 3) 2011 - to the present time. This period covers the process of realizing the scale of the spread of gender-based violence. A key event of this period was the adoption in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Activation of the world community to intensify the fight against gender-based violence. Adoption of sustainable development goals, in which gender equality is recognized as the general idea (Goal 5) and condition of sustainable development.
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Nemtoi, Gabriela. "Tools for Regulating Women’s Rights." European Journal of Law and Public Administration 8, no. 1 (June 30, 2021): 11–18. http://dx.doi.org/10.18662/eljpa/8.1/144.
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Acts that that guarantee the specific rights of women are various national regulations on conventions and instruments of international and European law. Several international legislative instruments - conventions involving obligations for acceding states, as well as political declarations of universal value - prohibit the gender-based exclusion from the exercise of all rights of any individual but especially of women. One such instrument is the Universal Declaration of Human Rights as well as the United Nations International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and other conventions of this organization, in particular the Convention on the Elimination of All Forms of Discrimination against Women. However, there are several Conventions of the International Labour Organization in this area, or Action Plans approved at the last major UN conferences, especially those dedicated especially to the situation of women that took place in Beijing in September 1995. The current situation has shown that women are a product that imposes protection against discrimination of any kind. The status of women through the new regulations now opens a new perspective. There are currently regional instruments, in particular those of the Council of Europe - the European Convention on Human Rights - that prohibit discrimination based on sex.
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Jiménez-Lasserrotte, María del Mar, Esperanza López-Domene, José Manuel Hernández-Padilla, Cayetano Fernández-Sola, Isabel María Fernández-Medina, Karim El Marbouhe El Faqyr, Iria Dobarrio-Sanz, and José Granero-Molina. "Understanding Violence against Women Irregular Migrants Who Arrive in Spain in Small Boats." Healthcare 8, no. 3 (August 26, 2020): 299. http://dx.doi.org/10.3390/healthcare8030299.
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African irregular migrants risk their lives crossing the Mediterranean Sea in small boats hoping to reach Europe. Women irregular migrants (WIMs) are an especially vulnerable group that suffer from violence and sexual aggression, but little is known about their actual experiences. The objective of our study is to describe and understand the violence against WIMs who arrive in Spain in small boats. A qualitative study based on Gadamer’s phenomenology was used. The data collection included twenty-six in-depth interviews with WIMs. Three main themes arose: “Poverty and discrimination push WIMs into migrating”; “WIMs as a paradigm of extreme vulnerability”, and “WIMs in small boats should raise the alarm”. WIMs who arrive to Europe in small boats have a history of violence, rape, prostitution, forced pregnancy, and human trafficking. Emergency care must include gynecological examinations and must make detecting sexual violence and human trafficking of WIMs part of their care protocols.
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Burke, Ciarán, and Alexandra Molitorisová. "Reservations/Declarations under the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (cedaw) in Light of Sex/Gender Constitutional Debates." International Human Rights Law Review 8, no. 2 (November 30, 2019): 188–214. http://dx.doi.org/10.1163/22131035-00802002.
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The decisions of the governments of Slovakia, Bulgaria and Latvia not to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) caused a turmoil within the Council of Europe system. This article first examines the respective rationales provided to justify the states’ decisions not to ratify the Convention. Against the background of the Bulgarian Constitutional Court’s recent decision, legal advice provided to the governments of Slovakia and Latvia and various public announcements, the present article examines legal, cultural, linguistic and societal arguments put forward by the respective governments against ratification. It then revisits the interpretative declarations submitted by Poland, Lithuania, Croatia and Latvia against the Convention’s narrow reservation regime. The article then compares the situation ignited by the Istanbul Convention with the reservation regime under the Convention on the Elimination of All Forms of Discrimination against Women (cedaw) and the so-called Sharia reservations. It highlights the interconnectedness of the two treaties as well as their differences, while shedding light on the treaties’ reservations/declarations regimes. In so doing, a discussion is offered of the advantages and disadvantages of wider and narrower reservation regimes in treaties pertaining to the rights of women. The article concludes by pointing to the implications for the validity and effectiveness of the interpretative declarations submitted by the EU countries in question if the Istanbul Convention and cedaw are not treaties in conflict, and if the declarations are manifestly unfounded. The article also places emphasis on the role of grevio and the cedaw Committee to combat potential withdrawal tendencies via high-quality monitoring and evaluation output.
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Caldrer, Sara, Ambra Vola, Guglielmo Ferrari, Tamara Ursini, Cristina Mazzi, Valeria Meroni, and Anna Beltrame. "Toxoplasma gondii Serotypes in Italian and Foreign Populations: A Cross-Sectional Study Using a Homemade ELISA Test." Microorganisms 10, no. 8 (August 5, 2022): 1577. http://dx.doi.org/10.3390/microorganisms10081577.
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Toxoplasma gondii is a protozoan parasite responsible for human toxoplasmosis. The three major clonal lineages and different recombinant strains of T. gondii have a varied global distribution. This study aimed at evaluating the epidemiological distribution of types II and I–III and recombinant or mixed T. gondii in Italians and foreigners residing in Italy, establishing an association between serotypes and demographic characteristics. We collected the sera of 188 subjects who had tested positive for specific T. gondii antibodies. The population was differentiated into groups based on sex, nationality, and place of birth (Italy, Africa, South America, Asia, or Europe (except Italy)). We then performed a homemade ELISA test that detected both the antibodies against the amino acid sequences of the three main genotype antigens (I–III) in human sera and discerned the T. gondii strains. Serotype II of T. gondii was the most prevalent in the Italian population, whereas type I–III was the most prevalent in the foreign group. Surprisingly, we observed a notable amount of recombinant or mixed serotypes in European and Italian subjects. Moreover, we showed a significant difference in the prevalence of T. gondii serotypes between men and women, Italians, and foreigners. This descriptive study is the first to investigate the epidemiological distribution of T. gondii serotypes in humans in Italy using a homemade ELISA. We considered this technique suitable for discriminating between serotypes II and I–III and, consequently, for an epidemiological study focusing on the observation of circulating T. gondii strains and clinical correlations.
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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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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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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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Siddiq, Hafifa, Najmeh Maharlouei, Babak Najand, Arash Rahmani, and Hossein Zare. "Immigration Status, Educational Level, and Perceived Discrimination in Europe." International Journal of Environmental Research and Public Health 20, no. 3 (January 26, 2023): 2222. http://dx.doi.org/10.3390/ijerph20032222.
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Background: Multiple studies have been conducted to test the moderating effect of immigration on the positive health results yielded through educational attainment. However, no study has been conducted to examine the role of immigration as a moderator in the association between educational level and perceived discrimination in Europe. Aim: We aimed to study whether an inverse association exists between educational level and perceived discrimination in European countries and whether immigration status moderates the association between educational level and perceived discrimination. Methods: Data from the 10th round of the cross-sectional European Social Survey (ESS) were used in this cross-sectional study. A total of 17,596 participants between 15–90 years old who lived in European countries were included. The independent variable was educational level, a categorical variable, and the dependent variable was perceived discrimination. Immigration status was the moderator, and age and sex were confounders. Results: Of 17,596 participants, 16,632 (94.5%) were native-born and 964 were immigrants (5.5%). We found that higher levels of educational level were protective against perceived discrimination, which was also found in immigrant participants; however, the effect was weaker. Conclusions: This study found that educational level was a protective factor against perceived discrimination. This effect, however, was more robust in the native-born participants than in their immigrant counterparts.
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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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Sticker, Martin. "The Case against Different-Sex Marriage in Kant." Kantian Review 25, no. 3 (August 12, 2020): 441–64. http://dx.doi.org/10.1017/s1369415420000254.
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AbstractRecently, a number of Kantians have argued that despite Kant’s own disparaging comments about same-sex intercourse and marriage, his ethical and legal philosophy lacks the resources to show that they are impermissible. I go further by arguing that his framework is in fact more open to same-sex than to different-sex marriage. Central is Kant’s claim that marriage requires equality between spouses. Kant himself thought that men and women are not equal, and some of his more insightful remarks on the issue reveal that he was also aware that, as a matter of fact, women were disenfranchised by society, and suffer legal and other forms of discrimination. Kant, according to his own account, cannot approve of heterosexual marriage. Same-sex couples, by contrast, can satisfy the crucial equality condition. I conclude with a suggestion for refocus with respect to the issues at hand, calling for attention to more complex and insidious forms of inequality than deprivation of rights and full civil participation.
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Painter, Genevieve R., Stephanie Bornstein, and Joan C. Williams. "Discrimination against Mothers Is the Strongest Form of Workplace Gender Discrimination: Lessons from US Caregiver Discrimination Law." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 1 (March 1, 2012): 45–62. http://dx.doi.org/10.54648/ijcl2012004.
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Work-family reconciliation is an integral part of labour law as the result of two major demographic changes. The first is the rise of the two-earner family. The second is that, as Baby Boomers age, caring for elders has become a pressing concern for men as well as women. Despite these changes, most European and American workplaces still assume that the committed worker has a family life secured so that family responsibilities do not distract him from work obligations. This way of organizing employment around a breadwinner husband and a caregiver housewife, which arose in the late eighteenth century, is severely outdated today. The result is workplace-workforce mismatch: Many employers still have workplaces perfectly designed for the workforce of 1960. Labour lawyers in both Europe and the United States have developed legal strategies to reduce the work-family conflicts that arise from this mismatch. Yet the legal strategies developed in Europe are different from those used in the United States. The Europeans' focus is on public policy, based on a European political tradition of communal social supports - a tradition the United States lacks. Advocates in the United States, faced with the most family-hostile public policy in the developed world, have developed legal remedies based on the American political tradition of individualism, using anti-discrimination law to eliminate employment discrimination against mothers and other adults with caregiving responsibilities. This article explores both the social science documenting that motherhood is the strongest trigger for gender bias in the work place and the American cases addressing 'family responsibilities discrimination' (FRD).
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Davies, Gareth. "The Netherlands." European Constitutional Law Review 2, no. 1 (February 2006): 152–66. http://dx.doi.org/10.1017/s1574019606001520.
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The court in this case decided that state subsidy to political parties that discriminate against women is prohibited by international treaties, notably the Convention on the Elimination of All Forms of Discrimination against Women.This raises a number of issues. Where the discrimination is for religious reasons, does sex equality need to be balanced against religious freedom? Both are usually seen as fundamental rights. What about discrimination against men, in favour of women; is that also against the law? Finally, is the obligation not to discriminate only binding on the state, or also on the party itself? Could such a party be banned from politics? Some of these issues were touched on by the court, although not convincingly, and some of them, such as religious freedom, were scandalously ignored.
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Alkuwari, Buthaina Mohammed. "Human Rights of Women: Intersectionality and the CEDAW." International Review of Law 11, no. 2 (October 2022): 223–37. http://dx.doi.org/10.29117/irl.2022.0229.
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This research aims to track the record of the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)” since its entry into force in 1981, to review its texts and the cases brought to it, to know how it considered and dealt with intersectional discrimination against women. This paper evaluates if CEDAW has succeeded or failed to protect women from ‘intersectionality’. However, this discrimination describes compound discrimination against women based on sex, gender, identity, religion, belief, race, ethnicity, color, culture, socioeconomic status, age, class, and/ or origin... etc. The importance of this research is since despite a lot of cases of compound discrimination practiced against women around the world, the text of the Convention has not changed, and its committee, which is composed of experts in this field, did not adopt any ideas about the nature of discrimination. To determine the role of intersectionality, the research first focused on the theory of intersectionality in terms of concept and practice. Secondly, it showed how it affects women’s lives with examples from India, Brazil, Canada, Hungary, and others. Finally, it traced the concept of intersectionality, and how the Convention or its committee dealt with it through its general recommendations. The research found that CEDAW has overlooked the concept of intersectionality in its texts, while its committee addressed it in one of its recommendations in 2010 – noting that such recommendations are limited in scope and efficacy – which adversely impacted women’s rights globally. Therefore, the research recommends that the concept of intersectionality should be fully integrated into the text of the Convention, which will be reflected on the state parties by taking special measures that concretely give advantage to women who have been subjected to a history of discrimination.
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Davies, Gareth. "Should diagonal discrimination claims be allowed?" Legal Studies 25, no. 2 (July 2005): 181–200. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00612.x.
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Sometimes a rule is formally equal, but the people disadvantaged by it are in fact disproportionately of a particular sex, or colour, or religion. They may be able to bring a legal challenge to the rule, on the basis that it discriminates against them indirectly; because part-time workers are disproportionately female, rules disadvantaging part-time workers have been found to be indirect discrimination against women. However, what about the male part-time worker? Can he bring no challenge? It is the nature of indirect discrimination that there will always he such atypical victims. They are persons who suffer the harm of the rule, but cannot claim that it discriminates against persons their sex, or colour, or religion. They might he the straight man disadvantaged by a rule that overwhelmingly hinders gay people, or the Christian suffering from a rule that mostly prejudices Muslims. If these ‘minority discriminees’ cannot sue, while their colleagues of a different sort can, then a new context of discrimination arises. This raises a number of surprisingly complex practical and theoretical legal problems. In the light of new European Community directives dramatically increasing the categories of prohibited indirect discrimination those problems have become more immediate. This article therefore looks at Community law, and UK arid US cases, to answer the question above. It also extrapolates the problem to multiple discrimination situations: what about a rule tending to disadvantage Muslim women, but also harming their few non-Muslim male colleagues?
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Fields, Marjory Diana. "Women in American Labour Movement." International Journal of Public and Private Perspectives on Healthcare, Culture, and the Environment 3, no. 2 (July 2019): 59–66. http://dx.doi.org/10.4018/ijppphce.2019070104.
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In this article, the author examines the history of exclusion and sex-based discrimination against U.S. women workers seeking to join unions established by men. The author describes how groups of women and girls working in fabric mills in the 19th Century took strike action against work speed up and increased production requirements, making demands for higher wages, equal pay with men, improved working conditions, clean water, health care and time off. Then, in the early 20th century, women teachers formed their own unions to gain increased pay and pension plans, and for social justice. These unions continue to the present seeking also social justice and exercising political power.
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Chernikov, Valery V., and Olga K. Goncharenko. "The problems of violence against women in international law." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 803–19. http://dx.doi.org/10.21638/spbu14.2021.319.
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The problems of violence against women and domestic violence were reflected in Goal No. 5 of the 2030 Agenda for Sustainable Development, which calls for gender equality and empowerment of women and girls while addressing such challenges as elimination of all forms of discrimination against women and girls; eradication of violence against women and girls in the public and private sphere, including human trafficking, sexual and other forms of exploitation; liquidation of all harmful practices, in particular forced marriages and female genital mutilation. In this article, the authors examine existing conventional and doctrinal definitions and qualifications of the terms “violence against women” and “domestic violence” in international law, explore international legal aspects of prevention and combatting violence against women and domestic violence, conduct a comprehensive analysis of a conceptual framework related to these offences, and present basic approaches to the concept of domestic violence. The authors also examine the link between two core international universal and regional legal acts in this field — Convention on the Elimination of all Forms of Discrimination against Women and Council of Europe Convention on preventing and combatting violence against women and domestic violence. The authors derive a new understanding of the due diligence principle (a well-known principle/standard in international law) with regard to violence against women and domestic violence issues, clarify its key components while codifying states’ main obligations in this sphere. In conclusion, the authors deduce that the questions of elimination of discrimination against women and eradication of violence against women can only be considered collectively, confirming the validity of the theory of a genderbased approach to the issue, which is adhered to by international human rights bodies.
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Mohiuddin, Yasmeen. "Discrimination in the Pakistan Labour Market: Myth and Reality." Pakistan Development Review 30, no. 4II (December 1, 1991): 965–79. http://dx.doi.org/10.30541/v30i4iipp.965-979.
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A general concern with equity in the economic development process and the focus on issues of poverty, population growth, and environmental degradation in recent years have both created an upsurge in the interest in women's role in economic development. The women in development (WID ) issue is closely related to the issue of sex discrimination. In economic terms, discrimination occurs whenever market allocations are affected not by the criterion of productivity, but by non-pecuniary or extraneous factors such as sex. Operationally, the most common forms of discrimination in the labour market are wage discrimination, whereby women are paid lower wages relative to men in all industries and occupations for work that is recognisably equal,l and occupational or job discrimination, whereby women are segregated into certain 'female' occupations which are generally low-paying. Both these types of discrimination are fairly common and extensive in Europe and North America, especially in the U. S. In Pakistan, as in some other Third World countries, there is another aspect of discrimination which is even more fundamental than the other two. This refers to the divergence between myth and reality about women's participation in the labour force, which is the most visible indicator of their contribution to economic activity, and hence to development. The reality is that women's labour force participation is high, measured either in terms of the percentage of adult women who work, or the proportion of the labour force that is female, or the hours of work. The myth within Pakistan (especially among the middle class, urbanites, government officials including planners and administrators, and even academicians) as well as outside is that women do not work.
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Rácz, Anita. "Women in Leading Role." Practice and Theory in Systems of Education 11, no. 4 (November 1, 2016): 271–75. http://dx.doi.org/10.1515/ptse-2016-0026.
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AbstractThe questions related to the role of women in the world of labour and to the rate of female and male employees are issues that have been discussed since long ago. Equality of women and the fight against the discrimination of women are hot topics not only for the “weaker sex” as there are abundant research and literature dealing with the question whether feminism, the lengthy pursuit for the equality of women can be regarded successful or there are still much to do for the elimination of negative discrimination of women at workplaces. In this context, I examine in my study whether the increasing of the share of female employees, the action plans on raising the share of executive positions filled by women, and the related conferences live up to the expectations, and can women really have the same place on the labour market as men have.
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LOZINSKA, Svitlana. "Istanbul convention and the latest approach to preventing and combating violence against women and domestic violence." Economics. Finances. Law, no. 9 (September 30, 2021): 27–30. http://dx.doi.org/10.37634/efp.2021.9.6.
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The paper is devoted to the study of the current model for combating and preventing violence against women and domestic violence, adopted and implemented in the framework of the Council of Europe through the prism of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). Therefore the purpose of the paper is to establish the content and components of the latest mechanism for preventing and combating violence against women and domestic violence, enshrined in the provisions of the Istanbul Convention, analysis of the standards embodied in the Convention in this area, their international legal significance and consequences of implementation in national law of Council of Europe member states. Author, among other things, states that Istanbul Convention is not only an international act aimed at consolidating the fundamental rights and guarantees of protection of women from all forms of violence and discrimination, but also seeks to institutionalize a system for preventing and combating violence against women, based on national, regional and international policies in these areas, offering organizational and legal mechanisms for assistance and cooperation in the international arena and in the context of ensuring the effectiveness of the functioning of the internal law enforcement agencies of the signatory states. It is concluded that the Istanbul Convention is unprecedented and systematic document of public international law in its objectives and scope, aimed at comprehensively preventing and combating violence against women and domestic violence not only within the Council of Europe, but also at the European civilization level in general. Its adoption demonstrates the formation of the latest concept of protection of women's rights and the fight against violence and discrimination, based on the values of modern European society.
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Gray, Mary W. "The Halls of Ivy and the Halls of Justice: Resisting Sex Discrimination against Faculty Women." Academe 71, no. 5 (1985): 33. http://dx.doi.org/10.2307/40249490.
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Martin, Sheilah L. "Some Constitutional Considerations on Sexual Violence against Women." Alberta Law Review 32 (June 1, 1994): 535. http://dx.doi.org/10.29173/alr1172.
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In this article, the author examines the ways in which women's constitutional rights can, and should, inform our understanding of sexual violence and mandate its proper treatment by the courts. The author argues that a purposive analysis of the rights guaranteed by s. 7 imposes an obligation on the state to protect women's lives, liberty, and physical and mental security against sexual violence. At the same time, the equality provisions of ss. 15 and 28 require that the gender specificity of sexual violence, and its relation to the larger social context of women's inequality, be addressed, with the result that sexual assault is recognized as a form of sex discrimination. Through decisions such as R. v. McCraw, determinations of women's individual and group-based rights, in light of their social context, are shown to be essential to a full realization of the Charter's claims to equality and to life, liberty and security of the person.
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Dwi Agustina, Maftuchah. "The Struggle of Woman Emancipation in the Movie “On The Basis Of Sex”: A Feminist Criticism." ENLIT Journal 2, no. 1 (August 1, 2022): 51–61. http://dx.doi.org/10.33654/enlit.v2i1.1826.
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As stated in the theory of reception that literature including movie is a reflection of real world, this research tried to unveil social phenomenon within movie entitled “On the Basis of Sex”. In order to conduct the analysis, Marxist feminism is used as a theory. The method used in the study was descriptive qualitative method in which the movie script is the main source of the data. The result of the study showed that women did the struggle against discrimination and domination of patriarchy in some aspects, such as job and occupation, law, social environment, and cultural structure. This is a very interesting movie that brings the issue of discrimination, oppression, localization, commoditization and also the struggle to get rid of them and to establish women emancipation. The movie succeeded in portraying those social problems. The viewers of the movie could be aware of those issues. Men should be aware that they have to look at women equally. Furthermore, women also have to struggle for their right. Women should be independent. Ruth is the best example of how women should do. We have to fight against anything to establish women emancipation, even we have to fight the laws that are discriminative.
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McGinley, Ann. "Erasing Boundaries: Masculinities, Sexual Minorities, and Employment Discrimination." University of Michigan Journal of Law Reform, no. 43.3 (2010): 713. http://dx.doi.org/10.36646/mjlr.43.3.erasing.
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This Article analyzes the application of employment discrimination law to sexual minorities-lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and women as polar opposites, and that sees gender as naturally flowing from biological sex. Without courts' understanding that our current binary concept of gender may be socially constructed and artificially rigid rather than a natural result of biology, even new legislation may fail to protect the workers it seeks to protect. The Article demonstrates that research on masculinities can help courts better understand sexual minorities and the motivations of those who discriminate against them in the workplace. It concludes that even in the absence of new legislation, a proper interpretation of Title VII's sex discrimination provision would protect sexual minorities from discrimination and would provide reasonable accommodation to allow sexual minorities to live and work with dignity and security. With an understanding of sexual minorities and the reasons why discrimination occurs, Title VII's prohibition of discrimination "because of sex" should be sufficient to grant sexual minorities workplace rights.
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Verma, Ramesh, Rohit Dhaka, and Ginni Agrawal. "Beti bachao, beti padhao programme: a right initiative to save the girl child." International Journal Of Community Medicine And Public Health 5, no. 6 (May 22, 2018): 2153. http://dx.doi.org/10.18203/2394-6040.ijcmph20182139.
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In world, almost half of the total population made up of women but they still lag behind men in a lot of areas. The skewed child sex ratio is a prime indicator of women disempowerment, lack of value attached to her and disrespect. Over few years, a significant fraction of number of women has been at the receiving end of discrimination and exploitation. The skewed child sex ratio is because of both gender biased sex selection, and post birth discrimination against girls. The proliferation and abuse of advanced technologies coupled with social factors such as dowry, concerns with family name and looking up to the son as a breadwinner. Female feticide resulting in a decline of the child sex ratio has led to enforcement of Preconception and Prenatal diagnostic Techniques (PC & PNDT) act. On 22 January 2015 at Panipat in Haryana, Prime Minister of India launched the scheme Beti Bachao, Beti Padhao (Save daughters, Educate daughters) programme. The initiative aims to improve the present low child sex ratio and increase the value of girl child by focusing on three pronged strategy for empowerment of girl child.
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Qosaj Mustafa, Ariana, and Bistra Netkova. "The Violence against Women and Domestic Violence and the right to liberty and security of person." Advances in Social Sciences Research Journal 8, no. 2 (February 8, 2021): 33–38. http://dx.doi.org/10.14738/assrj.82.9668.
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International human rights instruments specifically dealing with protection of women from violence, include the UN Convention on Elimination of All Forms of Discrimination against Women (CEDAW) and the Council of Europe Convention on protection from violence against women and domestic violence (Istanbul Convention), provide enhanced protection for women from all forms of mental and physical violence and maltreatment. These conventions pose international obligations to state parties to protect the rights of women that are victims of violence including the right to security of person. With respect to violence against women, the article analyses the scope of application of the right to liberty and security of person, by discussing also the possibility of the use of the right of security of persons to the action of other individuals with respect to violence against women, in particularly the state obligations related to domestic violence.
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Higuera, Luis Aramburu-Zabala. "Adverse Impact in Personnel Selection: The Legal Framework and Test Bias." European Psychologist 6, no. 2 (June 2001): 103–11. http://dx.doi.org/10.1027//1016-9040.6.2.103.
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By the early 1990s, public concern in Europe over discrimination against women and minority groups had grown manifestly. This confronted psychologists with the problem of the disproportionate representation of various subgroups in certain kinds of jobs. In this article we first deal with the major upheaval in the legal issues that presently shape the selection practices in Europe and the United States. We then turn our attention to the problem of indirect discrimination and the discussion on the validity of some of the most representative assessment devices used in selection. Although there has not been a systematic application of work-sample tests in Europe over the past decades, some organizations have turned to the behavioral-consistency model in an attempt to avoid the problems of job-relatedness and adverse impact of the traditional assessment procedures.
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Tan, Xiaoyi. "The Causes and Solutions of Sexism in the English Language." Learning & Education 9, no. 2 (November 10, 2020): 76. http://dx.doi.org/10.18282/l-e.v9i2.1406.
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As we all know, English has become the language used by the largest number of people in all languages and is the representative of western civilization. Language is not only a social phenomenon, but also reflects the degree of social development. Therefore, understanding language is a crucial step for us to explore culture and civilization. However, no matter how developed the language is, it has its drawbacks and is not so impeccable. Sex discrimination has always been a phenomenon in English language. According to Longman English Dictionary, the interpretation of gender discrimination is: discrimination based on sex, especially the prejudice of men against women. This article will first elaborate on the etymology, word formation and usage of gender discrimination in English language. Secondly, this article will explain this phenomenon from the historical, social and cultural perspectives. Finally, in view of the gender discrimination phenomenon discussed in this article, this article will explain the development of the future trend and the solutions.
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Weitzman, Abigail. "The Sex of Firstborn Children and Intimate Partner Violence in India." Violence Against Women 26, no. 6-7 (March 27, 2019): 590–613. http://dx.doi.org/10.1177/1077801219833823.
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This article investigates the effects of firstborn sex on intimate partner violence (IPV) in India, taking into account heterogeneity across state sex ratios and maternal education. In states with masculine sex ratios of first births, firstborn daughters are found to elevate the risk and severity of IPV. The effects of firstborn daughters on sexual IPV are particularly pronounced among uneducated women in these states. These findings suggest that amid son preference at low birth orders, the sex of firstborn children can contribute to violence against mothers, providing new insights into the household reproduction of gender discrimination and violence.
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Frager, Ruth A., and Carmela Patrias. "Human Rights Activists and the Question of Sex Discrimination in Postwar Ontario." Canadian Historical Review 102, s3 (September 1, 2021): s802—s824. http://dx.doi.org/10.3138/chr-102-s3-012.
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This article examines the varied understandings of human rights in Ontario in the immediate aftermath of the Second World War. The article compares the social origins and implementation of Ontario’s Fair Employment Practices Act – which combatted racist and religious discrimination – with Ontario’s Female Employees Fair Remuneration Act – which mandated equal pay for women who did the same work as men. Although a few feminists called for the Fair Employment Practices Act to prohibit sex discrimination as well, their pleas fell mainly on deaf ears in this period. Men and women who fought against racist injustice were frequently unaware of gender injustice, for they, like so many others, subscribed to the deeply embedded ideology of the family wage. Conversely, some of the most outspoken advocates of women’s rights were unconscious of – or chose to ignore – racism. At the same time, some of the most committed advocates of equal pay for equal work actually reinforced certain conventional assumptions about men’s gender privilege at work and at home. Moreover, while the enforcement of both acts was constrained by the conciliatory framework embedded within them, the government officials who were charged with applying both acts interpreted the equal pay act quite narrowly and were significantly more diligent in tackling racist and religious employment discrimination.
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Arias Domínguez, Ángel. "Crónica de jurisprudencial laboral internacional, enero / junio 2018 = Chronicle of international labor jurisprudence, January / June 2018." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 639. http://dx.doi.org/10.20318/cdt.2019.4636.
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Resumen: En el período de referencia no hay nuevas quejas “abiertas” o “en seguimiento” ante el Comité de Libertad Sindical que afecten al Estado español. Tampoco los informes núms. 384 y 385 (332ª reunión, Ginebra, marzo de 2018) ni el núm. 386 (333ª reunión, Ginebra, 9 de junio de 2018) contienen referencia alguna al Reino de España.Ocho resoluciones del TJUE afectan directamente a España.La sentencia Carlos Enrique Ruíz Conejero c. Ferroser Servicios Auxiliares, S. A. aborda la legalidad del despido objetivo por absentismo de un trabajador que dejaba de acudir al trabajo por las consecuencias de la discapacidad que padecía.En el asunto Jessica Porras Guisado c. Bankia, S.A. se discutía si una embarazada podía ser incluida en un expediente de despido colectivo.El auto Moisés Vadillo c. Alestis Aerospace, S.L. considera inadmisible la pretensión de un progenitor de ver reducida su jornada laboral por lactancia de un hijo menor porque el otro progenitor no trabajaba.El auto en el caso Pilar Centeno c. Universidad de Zaragoza aborda la acomodación al ordenamiento comunitario de la exclusión de un funcionario interino del proceso de implantación de un programa de reconocimiento de méritos profesionales.La sentencia Grupo Norte c. Ángel Manuel Moreira trata sobre la indemnización de menor cuantía en un contrato de duración determinada que en un contrato indefinido.En el caso Lucía Montero c. Agencia Madrileña de Atención Social se aborda la ausencia de indemnización en un contrato temporal de interinidad.En el supuesto INSS c. Crespo Rey se trata si la exigencia de cotizar por la base mínima en la formalización de un Convenio Especial de Seguridad Social únicamente para trabajadores españoles retornados es acorde a la normativa comunitaria.La sentencia Eva Soraya Checa c. Fogasa trata sobre si procede el abono por parte del Fogasa de la indemnización debida al trabajador que tras la decisión empresarial de movilidad geográfica decide optar por la extinción indemnizada del contrato.Se referencian también otras dos sentencias del Tribunal de Justicia que aunque no se han dictado en el contexto de un proceso nacional se referencian por la relevancia que tienen y la influencia que pueden desplegar para nuestro ordenamiento jurídico. En la Vera Egenberger c. Evanglisches Werk für Diakonie se discutía la discriminación que sufrió una trabajadora empleada en una institución religiosa por no profesar ninguna fe. La sentencia MB c. Secretary of State for Work and Pensions se discutía la discriminación que decía haber sufrido un trabajador que se cambió de sexo en el acceso a la jubilación a la que edad que le correspondería de acuerdo a su sexo recién adquirido.El TEDH ha dictado la sentencia López Ribalda and Others. c. España, sobre viodevigilancia empresarial en el lugar de trabajo sin consentimiento de los trabajadores y sin conocimiento de los representantes. Aunque el sistema de videovigilancia oculto sí cumplió los márgenes de legalidad establecidos en el ordenamiento jurídico interno el TEDH entiende que se ha producido una violación del Convenio Europeo de Derecho HumanosPalabras clave: Absentismo por discapacidad, discriminación de la mujer embarazada por inclusión en expediente de regulación de empleo, reducción de la jornada por lactancia, participación de trabajador interino en procesos selectivos de implementación de complementos retributivos, discriminación por motivos religiosos, indemnización por interinidad, discriminación del transexual, cotización obligatoria por la base mínima, indemnizaciones a cargo del Fondo de Garantía Salarial, videovigilancia.Abstract: In the reference period, there are no new “open” or “follow-up” complaints before the Committee on Freedom of Association that affect the Spanish State. Neither reports nos. 384 and 385 (332rd session, Geneva, March 2018) and no. 386 (333rd session, Geneva, June 9, 2018) contain no reference to the Kingdom of Spain.Eight resolutions of the CJEU directly affect Spain.The sentence Carlos Enrique Ruíz Conejero c. Ferroser Servicios Auxiliares, S. A. addresses the legality of the objective dismissal for absenteeism of a worker who stopped going to work due to the consequences of the disability he suffered.In the Jessica Jessica Guisado case c. Bankia, S.A. It was discussed if a pregnant woman could be included in a collective dismissal file.The car Moisés Vadillo c. Alestis Aerospace, S.L. considers inadmissible the pretension of a parent to see his working day reduced by breastfeeding a minor child because the other parent did not work.The car in the Pilar Centeno case c. University of Zaragoza addresses the accommodation to the community order of the exclusion of an interim officer from the process of implementing a program of recognition of professional merits.The judgment of Grupo Norte c. Ángel Manuel Moreira deals with small claims compensation in a fixed-term contract than in an indefinite contract.In the Lucía Montero case c. Madrid Social Care Agency deals with the absence of compensation in a temporary interim contract.In the case INSS c. Crespo Rey is about whether the requirement to contribute for the minimum base in the formalization of a Special Social Security Agreement only for returned Spanish workers is in accordance with the community regulations.The judgment Eva Soraya Checa c. Fogasa discusses whether the payment by Fogasa of the compensation due to the worker that, after the geographical mobility business decision, decides to opt for the indemnified termination of the contract.There are also two other judgments of the Court of Justice that, although they have not been issued in the context of a national process, are referenced because of the relevance they have and the influence they can have on our legal system. In the Vera Egenberger c. Evanglisches Werk für Diakonie discussed the discrimination suffered by a worker employed in a religious institution for not professing any faith. The MB judgment c. Secretary of State for Work and Pensions discussed the discrimination that a worker who changed sex in having access to retirement had suffered at the age that would correspond according to his newly acquired sex.The ECHR has handed down the judgment in López Ribalda and Others. c. Spain, on business viodevigilancia in the place of work without consent of the workers and without knowledge of the representatives. Although the hidden video surveillance system did comply with the margins of legality established in the internal legal order, the ECHR understands that there has been a violation of the European Convention on Human Rights.Keywords: Absenteeism due to disability, discrimination against pregnant women due to inclusion in the employment regulation file, reduction of the working day due to breastfeeding,participation of an interim worker in selective processes for the implementation of remuneration supplements,discrimination for religious reasons,compensation for internship, discrimination of the transsexual, mandatory contribution for the minimum base,compensation paid by the Wage Guarantee Fund,video surveillance
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Atrey, Shreya. "Comparison in intersectional discrimination." Legal Studies 38, no. 3 (July 2, 2018): 379–95. http://dx.doi.org/10.1017/lst.2017.17.
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AbstractThis article considers the use of comparison in establishing multi-ground claims of intersectional discrimination. Leading examples of test cases from the US and the UK exemplify the challenges in using comparison to establish discrimination against Black women, based on the grounds of both race and sex. These challenges include: the insistence on using a single mirror comparator (viz white men) or the difficulties in choosing multiple comparators from a range of options (viz white women, Asian women, Black men, white men etc); the missing rationale for the selection; and the unwieldiness in actually appreciating the nature of intersectional discrimination based on this exercise. To overcome these, Canadian courts have relaxed the strict requirement of necessarily resorting to comparison for proving discrimination and switched to the flexible approach. However, in practice, flexible approach appears as fastidious as strict comparison in its selection and use of comparators. Thus, neither of the two approaches has been too helpful in supporting intersectional claims. The article argues that instead, a useful way of proving intersectional discrimination is to follow the South African approach of making comparisons contextually: (i) between all relevant comparators, identified in reference to one, some, and all of the grounds or personal characteristics; and (ii) sifting through comparative evidence with the purpose of establishing similar and different patterns of group disadvantage which characterise the nature of intersectional discrimination. This approach brings both principle and purpose to employing comparison and can be especially useful in appreciating intersectional discrimination as based on multiple grounds.
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Ssenyonjo, Manisuli. "Culture and the Human Rights of Women in Africa: Between Light and Shadow." Journal of African Law 51, no. 1 (April 2007): 39–67. http://dx.doi.org/10.1017/s0021855306000258.
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AbstractDespite the ratification by African states of several human rights instruments protecting the human rights of women in Africa, and the solemn commitment of the African states to eliminate all forms of discrimination and harmful practices against women, women in Africa still continue to experience human rights violations. Most African women are denied the equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or covert discrimination. Many women in Africa experience distinct forms of discrimination due to the intersection of sex with such factors as race, language, religion, political and other opinion, national or social origin, property, birth, or other factors, such as age, disability, marital, refugee or migrant status, resulting in compounded disadvantage. Therefore, much remains to be done to realize the human rights of women in Africa. This article examines the relationship between culture and women's human rights, and makes some recommendations for the effective realization of these rights.
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Parker, Traci. ""Sears Discriminated against Me because of My Sex and Race": African American Women Workers, Title VII, and the Sears Sex Discrimination Case." Journal of Women's History 33, no. 1 (2021): 12–36. http://dx.doi.org/10.1353/jowh.2021.0001.
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James, Tiffeny, Naaheed Mukadam, Andrew Sommerlad, Hossein Rostami Pour, Melanie Knowles, Ignacia Azocar, and Gill Livingston. "Protection against discrimination in national dementia guideline recommendations: A systematic review." PLOS Medicine 19, no. 1 (January 11, 2022): e1003860. http://dx.doi.org/10.1371/journal.pmed.1003860.
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Background National dementia guidelines provide recommendations about the most effective approaches to diagnosis and interventions. Guidelines can improve care, but some groups such as people with minority characteristics may be disadvantaged if recommended approaches are the same for everyone. It is not known if dementia guidelines address specific needs related to patient characteristics. The objectives of this review are to identify which countries have national guidelines for dementia and synthesise recommendations relating to protected characteristics, as defined in the UK Equality Act 2010: age, disability, gender identity, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Methods and findings We searched CINAHL, PsycINFO, and Medline databases and the Guideline International Network library from inception to March 4, 2020, for dementia guidelines in any language. We also searched, between April and September 2020, Google and the national health websites of all 196 countries in English and in each country’s official languages. To be included, guidelines had to provide recommendations about dementia, which were expected to be followed by healthcare workers and be approved at a national policy level. We rated quality according to the iCAHE guideline quality checklist. We provide a narrative synthesis of recommendations identified for each protected characteristic, prioritising those from higher-quality guidelines. Forty-six guidelines from 44 countries met our criteria, of which 18 were rated as higher quality. Most guidelines (39/46; 85%) made at least one reference to protected characteristics, and we identified recommendations relating to age, disability, race (or culture, ethnicity, or language), religion, sex, and sexual orientation. Age was the most frequently referenced characteristic (31/46; 67%) followed by race (or culture, ethnicity, or language; 25/46; 54%). Recommendations included specialist investigation and support for younger people affected by dementia and consideration of culture when assessing whether someone had dementia and providing person-centred care. Guidelines recommended considering religion when providing person-centred and end-of-life care. For disability, it was recommended that healthcare workers consider intellectual disability and sensory impairment when assessing for dementia. Most recommendations related to sex recommended not using sex hormones to treat cognitive impairment in men and women. One guideline made one recommendation related to sexual orientation. The main limitation of this study is that we only included national guidelines applicable to a whole country meaning guidelines from countries with differing healthcare systems within the country may have been excluded. Conclusions National guidelines for dementia vary in their consideration of protected characteristics. We found that around a fifth of the world’s countries have guidelines for dementia. We have identified areas of good practice that can be considered for future guidelines and suggest that all guidelines provide specific evidence-based recommendations for minority groups with examples of how to implement them. This will promote equity in the care of people affected by dementia and help to ensure that people with protected characteristics also have high-quality clinical services.
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Kania, Dede. "Hak Asasi Perempuan dalam Peraturan Perundang-Undangan Di Indonesia." Jurnal Konstitusi 12, no. 4 (May 20, 2016): 716. http://dx.doi.org/10.31078/jk1243.
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Up to now, the law is still considered discriminatory and gender inequality. Though the law should be equal or sensitive to gender inequality to guarantee women’s rights. By following the principle of equality in all areas of the good men and women have equal rights or opportunities to participate in every aspect of social life and state. so if there is discrimination against women, it is a violation of women’s rights. women’s rights violations occur due to many things, including the result of the legal system, where women are victims of the system. Reform Order is the most progressive period in the protection of human rights. Various laws and regulations come outin this period, including laws and regulations concerning women’s rights. Seen from the government’s efforts to eliminate discrimination based on sex are included in many legislations.
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SSENYONJO, MANISULI. "TOWARDS NON-DISCRIMINATION AGAINSTWOMEN AND DE JURE EQUALITY IN UGANDA: THE ROLE OF UGANDA'S CONSTITUTIONAL COURT." African Journal of International and Comparative Law 16, no. 1 (March 2008): 1–34. http://dx.doi.org/10.3366/e0954889008000042.
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The principles of equality and non-discrimination represent the twin pillars or the cornerstone upon which the whole edifice of human rights law is established.1 At least every State in the world today is a party to a human rights treaty prohibiting discrimination on the basis of sex and/or protecting equality between men and women.2 Despite this fact inequality and discrimination remain two major impediments to the enjoyment of human rights of women. Discrimination against women on the basis of sex denies or limits as it does their equality with men, and is ‘fundamentally unjust’ since it violates the principles of equality of rights and respect for human dignity.3 It is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their States, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women.4 International human rights instruments such as Article 3 of the International Covenant on Civil and Political Rights (ICCPR)5 and Article 3 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)6 underline commitment to sexual equality in the enjoyment of all civil and political rights, as well as economic, social and cultural rights. Similarly, Article 2 and 3 of the African Charter on Human and Peoples’ Rights (ACHPR) prohibit discrimination and protect equality before the law.7 This demands de jure (or formal) equality and de facto (or substantive) equality for men and women.8 Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner.9 Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantages that particular groups experience.10
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Senanayake, Harsha. "Fear of Small Numbers and Political Behaviour of Ethnocentric Majority of Sri Lanka: Undeclared War against Upcountry Tamil Females." Open Political Science 4, no. 1 (January 1, 2021): 120–25. http://dx.doi.org/10.1515/openps-2021-0012.
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Abstract The United Nations Human Development Report (UNHDR) mentions that the rights of women and female children are inalienable, integral and indivisible. It further highlights the full and equal participation of women in every segment of the social process without any discrimination or without considering sex - gender hierarchies.1 The legal frameworks of the international system and local political space is accepting of the normative values of gender equality and the eradication of gender-based discrimination. But most of the majoritarian societies challenge these legal frameworks to address their political, social and market-oriented interests. These actions are driven by political, social and structural frameworks which have been accepted by the majoritarian societies in the liberal democratic world. Tamil women in upcountry tea plantations in Sri Lanka were subjected to systemic and structural violence because of Sinhala majoritarian statecrafts in post-independence Sri Lanka. The ethnocentric violence directly problematises human security, survival and the personal rights of the upcountry Tamil female labour force. This paper discusses the survival of Tamil female plantation labour forces, focusing mainly on the security crisis of female reproductive rights under the ethnocentric Sinhala Majoritarian Society.
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Oxman, Bernard H., and Laurence R. Helfer. "Grant v. South-West Trains, Ltd." American Journal of International Law 93, no. 1 (January 1999): 200–205. http://dx.doi.org/10.2307/2997962.
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Grant v. South-West Trains, Ltd. Case C-249/96. 1998 All England Law Reports (EC) 193.Court of Justice of the European Communities, February 17, 1998.Are employers within the European Community (EC or Community) forbidden from discriminating against their employees on the basis of sexual orientation? More generally, does the prohibition of “discrimination based on sex” contained in Article 119 of the Treaty of Rome and the Community directive requiring equal pay for men and women (Equal Pay Directive) encompass discrimination on the basis of sexual orientation? In Grant v. South-West Trains, Ltd., the European Court of Justice (ECJ) answered both questions in the negative, rejecting a strongly worded recommendation of the Court's Advocate General.
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Khamzina, Zhanna, Yermek Buribayev, Yerkin Yermukanov, and Aizhan Alshurazova. "Is it possible to achieve gender equality in Kazakhstan: Focus on employment and social protection." International Journal of Discrimination and the Law 20, no. 1 (March 2020): 5–20. http://dx.doi.org/10.1177/1358229120927904.
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International ratings confirm that Kazakhstan is a leader in Central Asia in addressing the causes of gender inequality; however, there are still significant gender differences in key areas. In particular, gender discrimination in the labor market is complex: when hiring or dismissing, while restricting access to certain professions and positions, in matters of promotion and career growth, when remuneration is paid for performing the same work, not related to differences in labor efficiency. Discrimination is especially sensitive in relation to pregnant women and women with young children. Discrimination continues with access to social measures for avoiding poverty and in the pension system. Further progress requires more strategically significant and focused actions to identify and bridge the remaining factors of systemic discrimination and gender gaps. In the article, we show the insufficient attention of the legal science of Kazakhstan to the problems of regulation of equality. We present the author’s methodology for analyzing labor and social legislation from the perspective of regulating gender equality, consisting of several assessments: Kazakhstan’s fulfillment of international obligations; implementation of the principle of nondiscrimination in labor and social legislation; administrative and judicial mechanisms to protect against discrimination based on sex; and opportunities for implementing best foreign and international practices for the regulation of equality.
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Simović, Miodrag, Dragan Jovašević, and Marina Simović. "PREVENTION OF DOMESTIC VIOLENCE IN THE REPUBLIC OF SERBIA." Knowledge International Journal 26, no. 6 (March 18, 2019): 1777–82. http://dx.doi.org/10.35120/kij26061777s.
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Domestic violence, not only in the Republic of Serbia but in other legal systems as well, is a dangerous criminal offence amongst crime violence which is going on between close relatives. Therefore, in addition to the system of criminal sanctions, various measures of preventive characters are applied more and more often against persons committing violence, in prevention of this dangerous social evil. Their goal is to prevent domestic violence in general or its recommission. Similar situation is in the Republic of Serbia where a special law has been applied since 2016.With the aim of taking organized and systematic activities of different social subjects, especially state organs to prevent and combat (repress) domestic violence or violence in relationships in the Republic of Serbia, the Government of the Republic of Serbia adopted in 2011 a “National strategy to prevent and combat violence over women in families and relationships”. This strategy is an expression of the RS Government’s resoluteness to protect women from domestic violence and relationships in advance, complying with international standards and acts on the protection of fundamental human rights - by providing support to all the subjects in their activities to prevent and combat these forms of violence. This way, the Strategy encourages application of international and domestic legal norms and standards protecting human rights, promoting gender equality and prohibiting any form of domestic or relationship violence against women, as form of violence which mostly affects women. This Strategy confirms inclusion of the Republic of Serbia into joint activities of the Council of Europe and the European Union, having the aim to raise social consciousness about the problem of domestic violence against women and forming of realistic assumptions for efficient prevention of these forms of violence. The essence of this Strategy are conclusions reached at the National Conference on combat against violence against women, held in 2007 as part of the Council of Europe’s campaign for the combating against all forms of violence against women, including domestic violence.The Strategy of the Republic of Serbia pays special attention to the group of women who are exposed (or potentially might be exposed) to multiple discrimination, as vulnerable groups of women, like women with disabilities, Roma women, mothers of disabled children, handicapped women or women with chronical diseases, women from the villages, older women, refugees or displaced women etc. This Strategy especially took into account a Recommendation of the Council of Europe 1905 (2010) on the necessity to protect children who witness domestic violence, adopted in March 2010, which leans on the Declaration of the Parliamentary Assembly of the Council of Europe 1714 (2010) on Children who witness domestic violence.
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Shrestha, Savitri. "Gender Discrimination and Its Impacts in Macro-Economic Development." KMC Research Journal 3, no. 3 (June 13, 2019): 123–34. http://dx.doi.org/10.3126/kmcrj.v3i3.35719.
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Gender refers to the complex social construction of men’s and women’s identities. Sex and gender are different. The biological or physical construction is sex, which is created by nature. Gender is purely a social construct.
Gender Equality is a concept that is yet to be materialized. Around the world different individuals and groups of people are marginalized and discriminated on the basis of various factors, but discrimination against women is universal. Due to this, women are not able to use their full potential or assert their rights to live healthy life, and it has a deep impact in economic development.
Gender equality is not only matter of human right but also basic of economic development. Gender inequality is a severe obstacle to socio-economic development, human capital development and income generation. Gender inequality is harmful to long term development and growth. Unequal gender will never alone be sufficient for poverty reduction and economic development.
Gender discrimination not only affects females but males as well. The discriminatory practices do not only affect individuals but national economy and world economy as a whole. Due to stereotypical division of work most men are over loaded with economic duties, while women are being limited to household works only. Fifty per cent of the world population is over-loaded with economic duties, while fifty per cent of the brain is underutilized. The economic value of the household work which is done by females is not calculated and reflected in a country’s economy. This devalues the effort and work done by females and also is loss for the national economy. Education and development goes together, for a better balance of gender, educational equality is must. Education is key factor to promote human capital, which ensures economic growth. Formal education, trainings, study programs improves the capacity of individuals to live a decent life, which is the basic of development. Gender will never alone be sufficient for development.
Gender equality is not only matter of human right but also basis of economic development.
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Andersson, Catrine. "Governing through love: Same-sex cohabitation in Sweden." Sexualities 20, no. 5-6 (December 29, 2016): 604–21. http://dx.doi.org/10.1177/1363460716665788.
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The concept of love was introduced into a Swedish policy context in the early 1980s as regulations of same-sex cohabitation were proposed. The same-sex cohabitation legislation was presented as a tool in the battle against discrimination of lesbian women and gay men in the government commissioned reports, and offered an inclusion of same-sex couples based on the idea of same-sex love and heterosexual love as fundamentally the same. The article demonstrates how this governing of same-sex relationships rested heavily on authenticity and inclusion/exclusion of wanted/unwanted non-heterosexual subjects. By creating a concept of gay identity based on an essentialist notion of orientation, love was used as a sign of normality indicating authentic ‘homosexual orientation’ and restricting this authenticity to individuals in monogamous and stable same-sex relationships. Nevertheless, the act only recognized a selected few and created new lines of division between different non-heterosexual subjectivities.
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Sagade, Jaya, and Christine Forster. "Recognising the Human Rights of Female Sex Workers in India: Moving from Prohibition to Decriminalisation and a Pro-work Model." Indian Journal of Gender Studies 25, no. 1 (January 15, 2018): 26–46. http://dx.doi.org/10.1177/0971521517738450.
Full textAbstract:
This article sets out a women’s human rights approach to the legal regulation of sex work developed through an analysis of feminist perspectives, international human rights standards—in particular, the approach of the Committee on the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)—and the voices of female sex workers within India. It categorises sex work into four legal models, namely, prohibition which criminalises all aspects of the sex trade, partial decriminalisation which criminalises only those who force women into sex work and those who trade in under-age sex workers, social control legalisation which decriminalises but regulates the sex trade with the aim of containing through (often punitive) restrictions, and finally pro-work which approaches sex work as valid employment by extending the legal and human rights of other workers to sex workers. The article places India’s current regulatory framework into the prohibition model and argues that the legal response to sex work that most closely accords with a women’s human rights approach is partial decriminalisation coupled with a pro-work model. Although the introduction of this model in India poses considerable challenges, it has the greatest capacity to first, reduce the crime and corruption that surrounds the sex trade; second, to enhance, promote and protect public health and third, provide appropriate legal and human rights protection to sex workers as international obligations require.
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D. Larson, Paul, and Matthew Morris. "Sex and salary." Supply Chain Management: An International Journal 19, no. 4 (June 3, 2014): 385–94. http://dx.doi.org/10.1108/scm-08-2013-0268.
Full textAbstract:
Purpose – This paper aims to develop and test hypotheses on determinants of supply chain managers’ salaries. While women make up about half the workforce, there is evidence in the trade press that they receive far less than half of the compensation. Sex of the manager and size of his or her organization are among the predictors of salary. Design/methodology/approach – The hypotheses are tested using regression analysis of data from a survey of supply chain managers in Canada. This technique enables testing for a gender effect, while controlling for the effects of other factors. Findings – Seven variables are found to be significant predictors of supply chain manager salaries. Smaller companies pay lower salaries. Small business supply chain/logistics managers working longer hours with a professional designation, more experience, greater budgetary responsibility and greater share of compensation coming as a bonus earn higher salaries. Finally, male small business supply chain managers earn more than their female counterparts. Research limitations/implications – The piece includes a discussion of limitations and future research opportunities into the gender salary gap. Practical implications – There are implications for small businesses wanting to hire supply chain managers, and for female (and male) managers looking for work. Social implications – This paper presents evidence of possible gender discrimination against half the population. The potential social implications are tremendous. Originality/value – This is a unique piece of research in testing theory-driven hypotheses about supply chain salaries, especially by including gender and organizational size as predictors.
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Norvaišaitė, Justė, and Vita Mikuličiūtė. "The Influence of Applicant's and Rater’s Sex on Decision Making in Hiring Simulation." Psichologija 63 (May 11, 2021): 72–85. http://dx.doi.org/10.15388/psichol.2021.27.
Full textAbstract:
Gender stereotypes have determined that the concepts of management and leadership are more associated with men than women. There are more men working in management positions than women in various countries, including Lithuania. The most widely discussed cause for that is discrimination against women in the labor market. The aim of the study was to examine evaluation differences between personnel specialists and comparison group, depending on their own and candidate‘s gender. Study was based on quasi-experimental strategy which included a hiring simulation. Participants had to evaluate potential candidates, a man and a woman, seeking for a job in management position. Data was collected from 128 people (age range - 19 to 56 years): 48 personnel specialists (M=29,38; SD=7,48), 49 women, who represented other specialties (M=26,29; SD=7,36) and 31 men, who represented other specialties (M=25,39; SD=5,05). Both personnel specialists and comparison group evaluated man and woman-candidate as similar. There were no significant differences between the two candidates on their hireability, reliability, competence, potential salary and promotability. However, results also indicate that personnel specialists and women, representing other specialties, suggested that man was more capable to work in teams than woman. The study gives an insight about the possibility of gender stereotype change.
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Saharso, Sawitri. "Hymen ‘repair’: Views from feminists, medical professionals and the women involved in the middle east, North Africa and Europe." Ethnicities 22, no. 2 (January 3, 2022): 196–214. http://dx.doi.org/10.1177/14687968211061582.
Full textAbstract:
In Europe, hymen ‘repair’ is controversial because it is often seen as a concession to immigrant groups that do not respect women’s sexual autonomy. But how is hymen ‘repair’ viewed in societies in which the norm is that women should not have premarital sex? And why do women want hymen ‘repair’? Hymen ‘repair’ is also controversial in Middle Eastern and North African (MENA) countries because it is seen as undermining social mores about women and premarital sex. However, some Islamic leaders have defended the procedure. Women request hymen ‘repairs’ for a variety of reasons. Some have been sexually abused and may desire the surgery to overcome trauma. Some have had consensual sex and may fear sanctions, while others may see the surgery as a covert act of rebellion against the virginity rule. Still others may choose it to please their future husband. Hymen ‘repair’ is extensively discussed in MENA countries and in Europe. Feminists in MENA countries are divided over whether the surgery promotes sexual autonomy while, in the European debate, an important issue is whether the choice itself is an autonomous one that doctors should respect. Inspired by a relational approach to autonomy, I see the women involved as individuals with culturally informed identities and interests who may feel pressure to get the surgery yet are still capable of autonomy. I argue for a policy to stimulate debate in communities about the virginity norm and to make hymen ‘repair’ available to women. However, it should be combined with an attitude of sympathetic distrust, recognising that hymen ‘repair’ harms women’s dignity and authenticity.
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Bond, Johanna. "Gender and Non-Normative Sex in Sub-Saharan Africa." Michigan Journal of Gender & Law, no. 23.1 (2016): 65. http://dx.doi.org/10.36641/mjgl.23.1.gender.
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This Article argues for the adoption of a gender-based framework to supplement rights promotion strategies and campaigns based on LGBTI identity. The Article draws upon feminist, queer, and trans theory to develop an expansive understanding of gender within international human rights law. An analysis incorporating such theory will catalyze more systematic promotion of LGBTI rights. Although the approach is applicable across a variety of geographic contexts, this Article uses sub-Saharan Africa as an illustrative case study. A focus on gender rights as supplementary to and interrelated with LGBTI rights offers both conceptual and pragmatic benefits in the struggle to promote LGBTI rights in the region. Specifically, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW Committee) has failed to meaningfully and systematically address discrimination and violence directed at LGBTI communities in this region. An expansion of the CEDAW Committee’s interpretation of gender would encourage the Committee to consider rights violations perpetrated against those who do not conform to gender norms, including normative expressions of masculinity and femininity. First, a focus on non-normative gender expression and sexuality expands our understanding of affected individuals from only self-identified gays and lesbians to include those who do not necessarily identify as gay or lesbian but who, nevertheless, do not conform to traditional norms of sexuality and gender expression. Second, a gender framework facilitates intersectional analysis. If adopted, this analysis would allow the CEDAW Committee to more fully explore how race, ethnicity, and nationhood construct sexuality in the post-colonial period. Intersectional analysis would also allow the Committee to capitalize on its success in raising awareness about and combating gender-based violence. Finally, a gender framework offers the CEDAW Committee and U.N. treaty bodies a discursive wedge to open conversations about sexuality, even in places with wide-spread homophobia.
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Sirvent Garcia del Valle, Elena. "Acceptability of Sexual Violence Against Women In Spain: Demographic, Behavioral, and Attitudinal Correlates." Violence Against Women 26, no. 10 (June 24, 2019): 1080–100. http://dx.doi.org/10.1177/1077801219854536.
Full textAbstract:
Most research on the social perception of sexual violence is based on samples of university students, while it is rare to find studies with representative samples, despite the vital importance of this information in planning prevention strategies. Furthermore, in Europe, the social perception of sexual violence has been explored very marginally. Our main objective with this study was to explore, by means of a representative sample of the general population ( N = 2,465), the relationship between the acceptability of sexual violence and demographic, behavioral, and attitudinal factors in Spain. The variable with the highest impact on the outcome was sexism, followed by knowledge of the most common type of victim–perpetrator relationship, age, perceived frequency of false complaints, and educational background. Other variables such as sex, country of birth, attitudes toward the consumption of prostitution, or opinions regarding prevention of sexual violence were also significant. A better understanding of the factors influencing public attitudes toward sexual violence would be useful to guide prevention efforts.