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1
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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Weichselbaumer, Doris. "Multiple Discrimination against Female Immigrants Wearing Headscarves." ILR Review 73, no. 3 (September 17, 2019): 600–627. http://dx.doi.org/10.1177/0019793919875707.
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Western countries have experienced a large influx of Muslim immigrants, and concomitantly the Muslim headscarf has become the subject of major controversy. Drawing on theories of stigma, social identity, and multiple discrimination/intersectionality, this study examines the effect of wearing this headscarf in the German labor market. The author applies the method of correspondence testing that allows measuring discrimination in a controlled field setting. Findings show that when applying for a job in Germany, women with a Turkish migration background are less likely to be invited for an interview, and the level of discrimination increases substantially if the applicant wears a headscarf. The results suggest that immigrant women who wear a headscarf suffer discrimination based on multiple stigmas related to ethnicity and religion.
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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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Stork, Florian. "Comments on the Draft of the New German Private Law Anti-Discrimination Act: Implementing Directives 2000/43/EC and 2004/113/EC in German Private Law." German Law Journal 6, no. 2 (February 1, 2005): 533–48. http://dx.doi.org/10.1017/s207183220001378x.
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European Directives impose upon Germany the obligation to incorporate antidiscrimination provisions in its civil law. The anti-discrimination legislation is intended to provide effective civil law remedies against discrimination in everyday life by private persons, e.g. access to housing, restaurants and education. For the purposes of this article, discrimination may generally be defined as any treatment – including a refusal to deal with – by a private party that is less favorable than to another person and is conditioned upon a characteristic such as racial or ethnic origin, sex, etc.
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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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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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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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WERDAYANTI, Neny Ismaya Rahayu, Alo LILIWERI, and Fahruddin FAIZ. "Feminist Standpoint in Giving Meaning to Symbolic Experiences in Trans-Women Discrimination." International Journal of Environmental, Sustainability, and Social Science 4, no. 1 (January 31, 2023): 182–91. http://dx.doi.org/10.38142/ijesss.v4i1.444.
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The construction of gender in the social environment is closely related to external sex. Transwomen and women as entities that are symbols in representing equality in society with a patriarchal cultural system. Social construction in a patriarchal society that forms gender based on external sex, so that women's gender is seen as different from transgender women so as to provide deeper discrimination against women. Feminist standpoint sees that through marginalized groups will get a more objective view of the dominating group. Transgender women are placed as a strong objectivity to obtain how the social environment views and the discrimination they experience. The feminist movement that struggles for equality has various considerations to be able to build a perspective on the existence of transgender women and women equally. Standpoint as a result of giving meaning to the symbolic reality that shapes the experience of each individual, including the symbolic transwomen in the social environment.
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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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Naseva, Gala. "The Chasm of Structural Discrimination: Women on the Frontline Against COVID-19." Identities: Journal for Politics, Gender and Culture 17, no. 2-3 (December 30, 2020): 90–93. http://dx.doi.org/10.51151/identities.v17i2-3.458.
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The swift and unceasing spread of COVID-19 has created a new wave of complications that have revealed dozens of issues dishevelled in the gendered and obsolete state management and in the low levels of social development, primarily focusing on the Balkans. With the onset of the pandemic, women with specific diseases belong to the most critical group, given the fact that infection with COVID-19 itself increases the risk of subsequent development of numerous health complications. This text briefly highlights the negative effects of the pandemic on women from several perspectives, trying to fleetingly show its severe impact on a global level and the necessity to improve a system that is barely surviving on already unsteady grounds. Author(s): Gala Naseva Title (English): The Chasm of Structural Discrimination: Women on the Frontline Against COVID-19 Journal Reference: Identities: Journal for Politics, Gender and Culture, Vol. 17, No. 2-3 (Winter 2020) Publisher: Institute of Social Sciences and Humanities - Skopje Page Range: 90-93 Page Count: 4 Citation (English): Gala Naseva, “ The Chasm of Structural Discrimination: Women on the Frontline Against COVID-19,” Identities: Journal for Politics, Gender and Culture, Vol. 17, No. 2-3 (Winter 2020): 90-93. Author Biography Gala Naseva, Researcher Gala Naseva (1992, Skopje) is a legal researcher and interdisciplinary artist. She is currently the main editor of the multilingual Association of Young journalists from the Balkans Platform. Naseva completed her LLM in Intellectual Property Law at CEIPI, Strasbourg University and is now finishing the MA program in Gender Studies at ISSHS, North Macedonia. She was a visiting student at Justus Liebig University, Germany (Applied Theatre Studies and Musicology departments). Naseva worked as a legal consultant for the Helsinki Committee of Human Rights, USAID, The National Democratic Institute and OSCE (ODIHR). She has been engaged in the process of harmonizing various domestic legal acts with EU legislation.
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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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Rudolf, Beate. "Human Rights in Germany – A View from Germany's National Human Rights Institution." International Journal of Legal Information 44, no. 1 (March 2016): 50–58. http://dx.doi.org/10.1017/jli.2016.7.
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AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.
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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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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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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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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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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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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.
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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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Lomazzi, Vera. "The Cultural Roots of Violence against Women: Individual and Institutional Gender Norms in 12 Countries." Social Sciences 12, no. 3 (February 24, 2023): 117. http://dx.doi.org/10.3390/socsci12030117.
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To discuss the cultural roots of violence against women (VAW), this study focuses on individual gender norms, prescriptive gender role expectations, moral justification of VAW, and institutional gender norms that define gender cultures, that provide opportunities for VAW, and legitimize roles and behaviors. We used indicators of gender norms related to VAW from different sources to provide an overview of 12 countries (Armenia, Cyprus, Czechia, Germany, Greece, The Netherlands, Romania, Russia, Serbia, Slovakia, Turkey, and Ukraine). The indicators include individual gender role attitudes and justification of wife beating from the World Values Survey; information on national legislation and institutional discrimination from the Social Institution Gender Index from the OECD; and each country’s position on the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence—a transnational platform with relevant transformative power that has been opposed by anti-Europeanists. Although situations vary significantly in the different countries, this explorative study suggests that eradicating the cultural roots of VAW is more difficult in societies in which rigid traditional gender roles and a strongly patriarchal culture in legislation and institutions are supported by moral views legitimizing violence as a form of punishment for challenging prescribed gender roles.
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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.
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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.
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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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Rospleszcz, Susanne, Barbara Thorand, Tonia de las Heras Gala, Christa Meisinger, Rolf Holle, Wolfgang Koenig, Ulrich Mansmann, and Annette Peters. "Temporal trends in cardiovascular risk factors and performance of the Framingham Risk Score and the Pooled Cohort Equations." Journal of Epidemiology and Community Health 73, no. 1 (September 27, 2018): 19–25. http://dx.doi.org/10.1136/jech-2018-211102.
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BackgroundThe Framingham Risk Score (FRS) and the Pooled Cohort Equations (PCE) are established tools for the prediction of cardiovascular disease (CVD) risk. In the Western world, decreases in incidence rates of CVD were observed over the last 30 years. Thus, we hypothesise that there are also temporal trends in the risk prediction performance of the FRS and PCE from 1990 to 2000.MethodsWe used data from n=7789 men and women aged 40–74 years from three prospective population-based cohort studies enrolled in Southern Germany in 1989/1990, 1994/1995 and 1999/2000. 10-year CVD risk was calculated by recalibrated equations of the FRS or PCE. Calibration was evaluated by percentage of overestimation and Hosmer-Lemeshow tests. Discrimination performance was assessed by receiver operating characteristic (ROC) curves and corresponding area under the curve (AUC).ResultsAcross the three studies, we found significant temporal trends in risk factor distributions and predicted risks by both risk scores (men: 18.0%, 15.4%, 14.9%; women: 8.7%, 11.2%, 10.8%). Furthermore, also the discrimination performance evolved differently for men (AUC PCE: 76.4, 76.1, 72.8) and women (AUC PCE: 75.9, 79.5, 80.5). Both risk scores overestimated actual CVD risk.ConclusionThere are temporal trends in the performance of the FRS and PCE. Although the overall performance remains adequate, sex-specific trends have to be taken into account for further refinement of risk prediction models.
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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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Putri, Retno Daru Dewi G. S. "Penolakan Konsep Ketubuhan Patriarkis di dalam Proses Menjadi Perempuan Melalui Pemikiran Merleau-Ponty dan Simone De Beauvoir." Jurnal Filsafat 28, no. 2 (August 31, 2018): 200. http://dx.doi.org/10.22146/jf.31812.
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Descartes’ dualism of mind and body implies relationship of mind and body in the articulation of human thinking. While seemingly reflects both men and women, this concept of dualism has in practice changed due to the existing social construction that differentiate human based on their sex. The ongoing social discrimination against women implies philosophy’s deficiency in addressing human universal issues. In addressing this issue, this research emplyos Merleau-Ponty’s notion of embodied perception and Beauvoir’s conception on ambiguity to argue on the importance of women’s body freedom in understanding the world’s phenomenons around them. The application of these concepts is proposed to provide an independent mode of becoming a woman and to offer a philosophical solution for women’s issues.
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Shahvisi, Arianne, and Fionnuala Finnerty. "Why it is unethical to charge migrant women for pregnancy care in the National Health Service." Journal of Medical Ethics 45, no. 8 (April 25, 2019): 489–96. http://dx.doi.org/10.1136/medethics-2018-105224.
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Pregnancy care is chargeable for migrants who do not have indefinite leave to remain in the UK. Women who are not ‘ordinarily resident’, including prospective asylum applicants, some refused asylum-seekers, unidentified victims of trafficking and undocumented people are required to pay substantial charges in order to access antenatal, intrapartum and postnatal services as well as abortion care within the National Health Service. In this paper, we consider the ethical issues generated by the exclusion of pregnancy care from the raft of services which are free to all. We argue that charging for pregnancy care amounts to sex discrimination, since without pregnancy care, sex may pose a barrier to good health. We also argue that charging for pregnancy care violates bodily autonomy, entrenches the sex asymmetry of sexual responsibility, centres the male body and produces health risks for women and neonates. We explore some of the ideological motivations for making maternity care chargeable, and suggest that its exclusion responds to xenophobic populism. We recommend that pregnancy care always be free regardless of citizenship or residence status, and briefly explore how these arguments bear on the broader moral case against chargeable healthcare for migrants.
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Hoque, Ridwanul. "Gender and the Legal Profession in Bangladesh: Achievements and Challenges." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 3 (December 1, 2015): 45–64. http://dx.doi.org/10.7146/nnjlsr.v0i3.111105.
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The history of women entering the legal profession in Bangladesh is quite recent. This is not surprising. Even in Western societies, with liberal cultural ideologies as regards gender-equality, women had to fight a lot to create a space for themselves in the legal profession. In the US case of Bradwell v. State of Illinois (1872), for example, the Supreme Court refused to allow a married woman into legal practice, arguing that 'the paramount destiny' of women is to fulfill the noble office of 'wife and mother'. Women in Bangladesh aspiring to enter the legal profession never faced such overt 'official' hurdles from the fellows of the same profession. Rather, a number of social, religious, professional, environmental and ideological factors have often stood, in various degrees, in their way. The Constitution of Bangladesh categorically prohibits discrimination based, among others, on sex. By contrast, it imposes a duty on the state to promote women's participation in every sphere of public life. Nevertheless, it is argued in this paper, Bangladeshi women in various walks of the legal profession continue to face implicit gender discrimination. There are factors that both dissuade women from choosing law as a profession and retard the career of those who are already in the profession. This paper brings into light and examines the factors that are arguably responsible for the hidden discrimination against women in the legal profession. For the purpose of this paper, the term 'legal profession' is used to mean legal practice in courts and elsewhere and the profession in the judiciary.
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Waghmare, Vaishali, and Hema Hema. "PRECONCEPTION AND PRENATAL DIAGNOSTIC TECHNIQUES ACT 1994 AND ITS MAIN ROLE TO CURB SEX DETERMINATION AND SEX SELECTION." International Journal of Research -GRANTHAALAYAH 4, no. 7 (July 31, 2016): 75–83. http://dx.doi.org/10.29121/granthaalayah.v4.i7.2016.2595.
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India has a male dominated culture where women are treated like a commodity and slave. Our Indian society gives preference only to the Son not to female because of which girls' child is not heartily welcomed and discrimination against girl child still prevails. Sex selective abortion is one of major issue in recent era in relation to violence against women under which the Ultrasonography machine plays an important role of sex detection. Main cause for sex selection are Patriarchal system, Dowry system, only son who can performs the last rites, lineage and inheritance runs through the male line, the Small family norms , PARAYADHAN, easy access to the Medical facilities and Technology for Sex Selective Abortion. Low literacy rate, low socio-economic condition of women etc. Sex selection and sex determination causes violence, impact on equilibrium of nature, Polyandry, Imbalance between Male-Female populations etc
Maharashtra was first State to enact Maharashtra regulation of use of PNDT Act in 1987. The PNDT Act was passed in 1994 Hon. Supreme Court passed an Interim judgment in 2001 for more strict implementation of Act based on PIL filed by CEHAT, MASUM and AdvSabu George PNDT Act amended in 2003 to Pre conception and Pre-natal Diagnostic Technique Act (PC-PNDT) Applicable to all Govt/NGO/Private/corporate establishments . Main purpose of Act is to ban the use of sex selection techniques before and after conception and prevent the misuse of prenatal diagnostic techniques for sex selective abortion. Every offence under this Act is cognizable, non-bailable and non-compoundable (Sec 27). Act has made it mandatory to maintain records of every scan done. (Section 29 and Rule 9) Section 5 and Rule 10 (1A).Implementing Authority under the Act is Appropriate Authority (Section 17) has power to search, seize and seal clinics (Section 30). The Act prohibited communication of sex of the foetus by words, signs or in any other manner (Section 5) , advertising sex determination test in any form are liable for punishment (Section 22) .Offence under this Act punishable with imprisonment of years which extend to 5 years and fine up to 10,000 which extend up to 50,000.
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Fogel, Curtis A., and Andrea Quinlan. "Cyber Backlash and the Maintenance of Sex Segregation in Professional Sport." Gender Studies 14, no. 1 (December 1, 2015): 171–89. http://dx.doi.org/10.1515/genst-2016-0011.
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Abstract In 2013, Mark Cuban, the team owner of Dallas Mavericks of the National Basketball Association (NBA), announced that he would consider selecting female basketball player Brittney Griner to play for his professional men’s team. Within 24 hours after ESPN posted an online article reporting Mark Cuban’s statement, 921 online comments were posted in response. This study analyzes these comments to investigate the pervasive sexism and gender discrimination found in online sporting news arenas. It investigates how Brittney Griner’s sex, gender, and athletic ability became subjects of scrutiny and debate in these online comments and how discriminatory comments about Griner were routinely extended to all female athletes and to women even outside of sport. By examining the online backlash against Mark Cuban’s proposal, this paper investigates the maintenance of sex segregation in professional sport and the systemic devaluing of female athletes and privileging of male athletes that upholds it.
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J, Chandrika. "Dimensions of Love and Chastity." International Research Journal of Tamil 4, S-8 (July 21, 2022): 210–16. http://dx.doi.org/10.34256/irjt22s830.
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From the Sangam period till today, the expressions of Kalavu and karpin have been circulating in different dimensions focusing on women. Even if it is stated that the gender discrimination presented by internal grammars is caused by corruption, it cannot be denied that the natural opposite sex drive of male and female occurs due to sexual stimulation. So, when the thalaivan and thalaivi who have made this level of education point their lives towards harmony and draft, a life called chastity is built there. When the Tamil literature that presented these things today absorb the western culture and travel, Kalau and Karpu are constructed in a different way. In the literature, there are many different ways of living in society is registered such as having sex in the same house without marrying as lovers, a woman who does not marry because of true love and living with two men, a woman falling in love with her kidnapper and having a relationship with him, a woman living with two men due to poverty, a woman marrying a man who had sex with her against her will, etc. We should not criticize the literature or the media as a reflection of society. But the question arises as to how appropriate the cultural change will be in this society which has been steeped in a patriarchal society for ages and still sees women as objects. In the context of the prevalence of sexual violence against women, such western cultural records only encourage them and do not tend to respect women. Therefore, without imposing the word 'Chastity' on women, it is important for men and women to maintain self-control and live faithfully to each other. Emphasizing this concept, this research paper has been written
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Yavorsky, Jill E. "Uneven Patterns of Inequality: An Audit Analysis of Hiring-Related Practices by Gendered and Classed Contexts." Social Forces 98, no. 2 (January 18, 2019): 461–92. http://dx.doi.org/10.1093/sf/soy123.
Full textAbstract:
Abstract Despite women’s uneven entrances into male-dominated occupations, limited scholarship has examined whether and how employers in different occupational classes unevenly discriminate against women during early hiring practices. This article argues that intersecting gendered and classed features of occupations simultaneously shape hiring-related practices and generate uneven patterns of inequality. Using data derived from comparative white-collar (N = 3,044 résumés) and working-class (N = 3,258 résumés) correspondence audits and content-coded analyses of more than 3,000 job advertisements, the author analyzes early hiring practices among employers across two gendered occupational dimensions: (1) sex composition (male- or female-dominated jobs) and (2) gender stereotyping (masculinized or feminized jobs, based on the attributes that employers emphasize in job advertisements). Broadly, findings suggest a polarization of early sorting mechanisms in which discrimination against female applicants is concentrated in male-dominated and masculinized working-class jobs, whereas discrimination against male applicants at early job-access points is more widespread, occurring in female-dominated and feminized jobs in both white-collar and working-class contexts. Interestingly, discrimination further compounds for male and female applicants—depending on the classed context—when these occupational dimensions align in the same gendered direction (e.g., male-dominated jobs that also have masculinized job advertisements). These findings have implications for the study of gender and work inequality and indicate the importance of a multidimensional approach to hiring-related inequality.