Academic literature on the topic 'Sex discrimination against women – Law and legislation – European Union countries'

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Journal articles on the topic "Sex discrimination against women – Law and legislation – European Union countries"

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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.

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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Okladnaya, Marina, and Liliya Menkova. "Woman in the diplomatic service: history, problems and prospects." Law and innovative society, no. 2 (15) (January 4, 2020): 40–46. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-7.

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Problem setting. Today, one of the priorities of the European policy direction is the effective implementation of such a principle as gender equality. Ensuring and ensuring the equal participation of women and men in socially important decisions, equal opportunities for them to combine professional and family responsibilities, preventing gender-based violence, and ensuring that women have a real opportunity to participate in diplomacy, including embracing high-level positions are one of the most important goals that modern democracies must fully achieve. Analysis of resent researches and publications. The topic of gender equality in their works was considered by such scholars as: O. Zakharova, T. Martsenyuk, V. Kobylyatska, E. Makarenko, G. Rudenko, T. Zonova, S. Khabibullina and others, but the current state of women’s participation in the diplomatic life of Ukraine scientists have considered superficially. Target of research. The purpose of this article is to consider the historical development of the principle of gender equality of women in relation to their participation in the diplomatic life of states, as well as to determine the current state and problems of compliance with this principle in Ukraine and identify ways to solve them. Article’s main body. Ukraine has ratified the main international instruments on equal rights and opportunities for men and women, namely the UN Convention on the Elimination of All Forms of Discrimination against Women, and acceded to the UN Millennium Declaration and committed itself to achieving the Millennium Development Goals. Defining for itself the provision and implementation of gender equality as one of the priorities of public policy. At the national level, gender equality is guaranteed by the Constitution of Ukraine, the Labor Code of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”, the State Program for Ensuring Equal Rights and Opportunities for Women and Men until 2016 and other legislation. The prohibition of discrimination on the grounds of sex was also included in the new law on civil service. However, the statistics and realities of our state say otherwise, as the number of women diplomats in high positions differs significantly from the number of men who hold them. The main reasons for this situation are traditional gender stereotypes, cultural customs, insufficient attention of foreign policy institutions to ensure gender equality and more. Of course, our state needs a modern revision and an effective legislative and practical solution to this issue. In this article, the authors review the historical development of the establishment and implementation of the principle of gender equality in different countries, namely the direct participation of women and their high positions in the performance of diplomatic functions in the diplomatic service; the opinions of scholars who express the positive impact of women’s participation in the diplomatic sphere, as well as the arguments of those who do not agree with this position; the current state of the quantitative indicator of women in positions in diplomatic missions of Ukraine, including in high positions, is studied; the modern directions of our state concerning the effective decision of a gender problem and full realization of this principle are analyzed; Obstacles that affect the implementation of a balanced gender policy in Ukraine are identified and some ways to solve them are suggested. Conclusions and prospects for the development. The authors came to the conclusion that the involvement of as many women as possible in the diplomatic service of Ukraine will ensure the effective implementation of gender equality and will indicate real reforms in the diplomatic sphere. Stereotypes about women’s weakness and vulnerability must be a thing of the past, as history has repeatedly shown strong women capable of changing their own country or even world trends. Therefore, for our country, the active encouragement of women to diplomatic work will only demonstrate the desire of a democratic state to seek new and innovative in this area. It is with the active participation of women in all world processes, including in diplomatic life, that we will be able to guarantee equality in society, peace and cohesion in different countries of the world.
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Richardson-Self, Louise Victoria. "Coming Out and Fitting In: Same-Sex Marriage and the Politics of Difference." M/C Journal 15, no. 6 (October 13, 2012). http://dx.doi.org/10.5204/mcj.572.

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Introduction This article argues in favour of same-sex marriage, but only under certain conditions. Same-sex marriage ought to be introduced in the Australian context in order to remedy the formal inequalities between lesbian, gay, bisexual and transgender (LGBT) citizens and their heterosexual/cisgendered counterparts. One common method of justifying the introduction of formal same-sex relationship recognition has been via the promotion of LGBT “normalcy.” This article explores such a trend by analysing popular media and advertising, since media representations and coverage have been shown to affect the way the general public “learns, understands, and thinks about an issue” (Li and Lui 73). This article finds that the promotion of normalcy can, in fact, perpetuate hetero-norms, and only offer LGBT people an imaginary social equality. Such normalisation, it is suggested, is detrimental to a wider goal of gaining respect for LGBT people regardless, not in spite of, their identity and relationships. Yet, this article maintains that such imaginary equality can be avoided, so long as a plurality of possibilities for one’s intimate and familial life are actively legitimated and promoted. Australian Same-Sex Relationship Recognition The Relationships Act 2003 (Tas) was the first piece of Australian legislation to formally recognise same-sex relationships. This act allowed Tasmanian residents to register a partnership, although these unions were not recognised in any other Australian State. However, despite this State-based movement, as well as other examples of same-sex unions gaining increasing recognition in the West, not all legal changes have been positive for LGBT people. One example of this was the Howard Government’s 2004 reformation of the Marriage Act 1961 (Cwlth), which made explicit that marriage could only take place between one man and one woman to the exclusion of all others, and also refused to acknowledge same-sex marriages performed legally overseas. Furthermore, 2012 saw the failure of several Bills which sought the introduction of same-sex marriage at both the State and Federal level. Thus, same-sex marriage is still illegal in Australia to-date. But, despite these major setbacks, other progress towards same-sex relationship recognition has continued. At the Federal level, different-sex and same-sex de facto relationship recognition became formally equal over the period of 2008-9. Furthermore, it is both official Greens and Australian Labor Party policy to support equal marriage rights. At the State level, the example of recognising same-sex civil unions/registered partnerships has been followed by Victoria, the Australian Capital Territory, New South Wales, and Queensland. There are several reasons why same-sex couples may desire the right to marry. Some reasons are practical; in any given Nation-State where same-sex couples are without the right to marry, then same-sex partners are unable to claim the same benefits and undertake the same obligations as heterosexual married couples. They are formally unequal. On the basis of their empirical research Jowett and Peel argue that formal equality is a motivating factor for the same-sex marriage movement, noting that a likely incentive to engage in these unions would be security, since LGBT people have heretofore lived and continue to live with a very real threat of discrimination. This is largely why the option of civil unions was created in the West. The measure was first introduced by Denmark in 1989, and its purpose was to be a marriage-like institution, existing solely for the recognition of same-sex couples (Broberg 149). Although civil unions should theoretically offer same-sex couples the same legal benefits and obligations that heterosexual married couples receive, this is widely believed to be false in practice. The Netherlands has almost achieved full equality, at 96%; however, countries such as Belgium rate poorly, at 48% (Waaldijk 9). As such, it has been argued that civil unions are not sufficient alternatives to marriage. Amitai Etzioni claims, “many gay people feel strongly that unless they are entitled to exactly the same marriages as heterosexuals, their basic individual rights are violated, which they (and many liberals) hold as semisacred” (qtd. in Shanley 65). This opinion demonstrates that formal equality is a key concern of the same-sex marriage debate. However, it is not the only concern. The organisation Australian Marriage Equality (AME), which has been at the forefront of the fight for same-sex marriage since its establishment in 2004, claims that “Civil unions are not as widely understood or respected as marriage and creating a separate name for same-sex relationships entrenches a different, discriminatory, second-class status for these relationships” (Greenwich, The Case for Same-Sex Marriage 3). They claim further that, if recognition continues to be refused, it maintains the message that same-sex partners are not capable of the level of love and commitment associated with marriage (Greenwich, The Case for Same-Sex Marriage). Thus, AME claim that not only do the legal entitlements of civil unions frequently fail to be formally equivalent, but even the difference in name contributes to the ongoing discrimination of LGBT people. Although neither marriage nor civil unions are federally available to same-sex couples in Australia, AME argue that marriage must be primarily endorsed, then (Greenwich, A Failed Experiment 1). The argument is, if Australia were to introduce civil unions, but not marriage, civil unions would reify the second-class status of homosexuals, and would present same-sex relationships and homosexuality as inferior to different-sex relationships and heterosexuality. Thus, the title “marriage” is significant, and one strategy for demonstrating that LGBT people are fit for this title has been by promoting representations of sameness to the heterosexual mainstream. To achieve the status that goes along with the ability to marry, same-sex couples have typically tried to get their relationships publicly recognised and legally regulated in two ways. They have sought to (a) demonstrate that LGBT people do structure their relationships and familial lives according to the heteropatriarchal normative stereotypes of traditional family values, and/or (b) they emphasise the “born this way” aspect of LGBT sexuality/gender identity, refusing to situate it as a choice. This latter aspect is significant, since arguments based on natural “facts” often claim that what is true by nature cannot be changed, and/or what is true by nature is good (Antony 12). These two strategies thus seek to contribute to a shift in the public perception of homosexuals, homosexuality, and same-sex relationships. The idea, in other words, is to promote the LGBT subject as being a “normal” and “good” citizen (Jowett and Peel 206). Media Representations of Normal Gays In Australia, the normalcy of same-sex relationships has been advocated perhaps most obviously in television adverting. One such advertisement is run by Get Up! Action for Australia, an independent, grass-roots advocacy organisation. This ad is shot from a first-person perspective, where the camera is the eyes of the subject. It follows the blossoming of a relationship: from meeting a man on a boat, to exchanging phone numbers, dating, attending social events with friends, sharing special occasions, meeting each other’s families, sharing a home, caring for sick family members, and so forth, finally culminating in a proposal for marriage. Upon the proposal it is revealed that the couple consists of two young-adult, white, middle-class men. The purpose of this advertisement is to surprise the audience member, as the gay couple’s relationship follows the same trajectory of what is typically expected in a heterosexual relationship. The effect, in turn, is to shock the audience member into recognising that same-sex couples are just like different-sex couples. Hopefully, this will also serve to justify to the audience member that LGBT people deserve the same legal treatment as heterosexuals. The couple in this advertisement appear to be monogamous, their relationship seems to have blossomed over a length of time, they support each other’s families, and the couple comes to share a home. Projecting images like these suggests that such aspects are the relevant features of marriage, which LGBT people mimic. The second Australian advertisement from AME, features a young-adult, interracial, gay couple, who also appear to be middle-class. In this advertisement the families of the two partners, Ivan and Chris, comment on the illegal status of same-sex marriage in Australia. The ad opens with Ivan’s parents, and notes the length of their marriage—45 years. Ivan later claims that he wants to get married because he wants to be with Chris for life. These signals remind the viewer that marriage is supposed to be a life-long commitment, despite the prevalence of divorce. The advertisement also focuses on Chris’s parents, who claim that thanks to their son’s relationship their family has now expanded. The ad cuts between segments of spoken opinion and shots of family time spent at dinner, or in a park, and so on. At one point Ivan states, “We’re not activists; we’re just people who want to get married, like everyone else.” This reiterates the “normalcy” of the desire to marry in general, which is confirmed by Chris’s statement when he says, “It means that everyone would accept it. It’s sort of like a normal... A sense of normalcy.” This implies that to be seen as normal is both desirable and good; but more to the point, the ad positions LGBT people as if they are all already normal, and simply await recognition. It does not challenge the perception of what “normalcy” is. Finally, the advertisement closes with the written statement: “Marriage: It’s about family. Everyone’s family.” This advertisement thus draws connections between the legal institution of marriage and socially shared normative conceptions of married family life. While these two advertisements are not the only Australian television ads which support this particular vision of same-sex marriage, they are typical. What is interesting is that this particular image of homosexuality and same-sex relationships is becoming increasingly common in popular media also. For example, American sitcom Modern Family features a gay couple who share a house, have an adopted daughter, and maintain a fairly traditional lifestyle where one works full time as a lawyer, while the other remains at home and is the primary care-giver for their daughter. Their relationship is also monogamous and long-term. The couple is white, and they appear to have a middle-class status. Another American sitcom, The New Normal, features a white gay couple (one is Jewish) who also share a home, are in a long-term monogamous relationship, and who both have careers. This sitcom centres on this couple’s decision to have a child and the life of the woman who decides to act as their surrogate. This couple are also financially well off. Both of these sitcoms have prime Australian television slots. Although the status of the couples’ relationships in the aforementioned sitcoms is not primarily focussed on, they each participate in a relationship which is traditionally marriage-like in structure. This includes long-term commitment, monogamy, sharing a home and economic arrangements, starting and raising a family, and so on. And it is the very marriage-like aspects of same-sex relationships which Australian equal marriage advocates have used to justify why same-sex marriage should be legal. The depiction of on-screen homosexual couples (who are gay, rather than lesbian, bisexual, or trans) and the public debate in favour of same-sex marriage both largely promote and depend upon the perception of these relationships as effectively "the same" as heterosexual relationships in terms of structure, goals, commitment, life plans, lifestyle, and so on. A comment should be made on the particular representations in the examples above. The repetition of images of the LGBT community as primarily male, white, young-adult, middle-class, straight-looking, monogamous, and so on, comes at the expense of distancing even further those who do not conform to this model (Borgerson et. al. 959; Fejes 221). These images represent what Darren Rosenblum calls “but-for queers,” meaning that but-for their sexual orientation, these people would be just the same as “normal” heterosexuals. Rosenblum has commented on the increased juridical visibility of but-for queers and the legal gains they have won; however, he criticises that these people have been unable to adequately challenge heterosexism since their acceptance is predicated on being as much like normative heterosexuals as possible (84-5). Heterosexism and heteronormativity refer to the ways in which localised practices and centralised institutions legitimise and privilege heterosexuality, seeing it as fundamental, natural, and normal (Cole and Avery 47). If the only queers who gain visibility thanks to these sitcoms and advertisements are but-for queers, the likelihood that heterosexism will be challenged with the legal recognition of same-sex marriage drastically decreases. Appeals to sameness and normalcy typically refuse to critically examine heteronormative standards of acceptability. This results in the continued promotion of the “sexually involved couple,” realised according to particular normative standards, as the appropriate, best, or even natural trajectory for one’s intimate life. Thus, a key reason that some LGBT people have rejected marriage as an appropriate goal is because assimilative inclusion does not offer a legitimately respected social identity to LGBT people as a whole. When legal changes promoting the equality of LGBT people are predicated on their assimilation to heteronormative relationship criteria, this can only achieve “imaginary” equality and the illusion of progress, while real instances of homophobia, discrimination, marginalisation and hostility towards LGBT people continue (Richardson 394). Thus, given the highly specified representations of “normal” LGBT people, it is fair to conclude that there is a biased representation of same-sex relationships on-screen in terms of sex, race, ability, wealth, monogamy, and so on. The assimilationist strategy of publicising particularly gay identity and relationships as just like heterosexuality appears to depoliticise queerness and render lesbians, bisexuals, and transgender people more or less invisible. This can be problematic insofar as the subversive role that queer identity could play in bringing about social change regarding acceptability of other sexual and intimate relationships is lessened (Richardson 395-6). The question that emerges at this point, then, is whether same-sex marriage is doomed to perpetuate hetero-norms and designate all other non-conformists as socially, morally, and/or legally inferior. Pluralisation Ironically, while some activists reject civil unions, their introduction may be crucial to support a “pluralisation strategy.” AME is, in fact, not opposed to civil unions, so long as they do not pretend to be marriage (Greenwich, A Failed Experiment 1). However, AME’s main focus is still on achieving marriage equality, rather than promoting a diverse array of relationship recognition. A pluralisation strategy, though, would seek to question the very normative and hierarchical status of marriage, given the strategy’s key aim of greater options for legally regulated relationship recognition. Regarding polyamorous relationships specifically, Elizabeth Emens has argued that,The existence of some number of people choosing to live polyamorous lives should prompt us all to [...] think about our own choices and about the ways that our norms and laws urge upon us one model rather than pressing us to make informed, affirmative choices about what might best suit our needs and desires.” (in Shanley 79) While non-monogamous relationships have frequently been rejected, even by same-sex marriage activists, since they too threaten traditional forms of marriage, the above statement clearly articulates the purpose of the pluralisation strategy: to challenge people to think about the way norms and laws press one model upon people, and to challenge that model by engaging in and demanding recognition for other models of intimate and familial relationships. When a variety of formal options for legalising various types of relationships is legislated for, this allows people greater choice in how they can conceive and structure their relationships. It also creates a political space where norms can be publicly assessed, criticised, and re-evaluated. Thus, the goal to be achieved is the representation of multiple relationship/family structures as being of equal worth, rather than fixing them in a relationship hierarchy where traditional marriage is the ideal. There exist many examples of people who “do relationships differently”—whether they are homosexual, polyamorous, asexual, step-families, and so on—and the existence of these must come to be reflected as equally valuable and viable options in the dominant social imaginary. Representations in popular media are one avenue, for example, which advocates of this pluralisation strategy might employ in order to achieve such a shift. Another avenue is advocacy. If advocacy on the importance of formally recognising multiple types of relationships increased, this may balance the legitimacy of these relationships with marriage. Furthermore, it may prevent the perpetuation of hetero-norms and increase respect for LGBT identity, since they would be less likely to be pressured into assimilation. Thus, same-sex marriage activists could, in fact, gain from taking up the cause of refusing one single model for relationship-recognition (Calhoun 1037). In this sense, then, the emergence of civil union schemes as an alternative to marriage in the West has potentially yielded something very valuable in the way of increasing options regarding one’s intimate life, especially in the Australian context where diverse recognition has already begun. Interestingly, Australia has come some way towards pluralisation at the State level; however, it is hardly actively promoted. The civil union schemes of both Tasmania and Victoria have a provision entitling “caring couples” to register their relationships. A “caring couple” involves two people who are not involved in a sexual relationship, who may or may not be related, and who provide mutual or one-sided care to the other. The caring couple are entitled to the same legal benefits as those romantic couples who register their relationships. One can infer then, that not only sexual relationships, but those of the caring couple as in Tasmania and Victoria, or possibly even those of a relationship like one “between three single mothers who are not lovers but who have thrown in their lot together as a family,” could be realised and respected if other alternatives were available and promoted alongside marriage (Cornell, in Shanley 84). While Australia would have quite some way to go to achieve these goals, the examples of Tasmania and Victoria are a promising start in the right direction. Conclusion This paper has argued that marriage is a goal that LGBT people should be wary of. Promoting limited representations of same-sex oriented individuals and couples can perpetuate the primacy of hetero-norms, and fail to deliver respect for all LGBT people. However, despite the growing trend of justifying marriage and homosexuality thanks to “normalcy”, promotion of another strategy—a pluralisation strategy—might result in more beneficial outcomes. It may result in a more balanced weight of normative worth between institutions and types of recognition, which may then result in citizens feeling less compelled to enter marriage. Creating formal equality while pursuing the promotion of other alternatives as legitimate will result in a greater acceptance of queer identity than will the endorsement of same-sex marriage justified by LGBT normalcy. While the latter may result in speedier access to legal benefits for some, the cost of such a strategy should be underscored. Ultimately, a pluralisation strategy should be preferred. References Antony, Louise M. “Natures and Norms.” Ethics 111.1 (2000): 8–36. Australian Marriage Equality. "The Hintons, a Family that Supports Marriage Equality" YouTube. (2012) 24 Nov. 2012 ‹http://www.youtube.com/watch?v=M7hwFD4Ii3E›. Borgerson, Janet, Jonathan E. Schroeder, Britta Blomberg, and Erika Thorssén. “The Gay Family in the Ad: Consumer Responses to Non-Traditional Families.” Journal of Marketing Management 22.9–10 (2006): 955–78. Broberg, Morten. “The Registered Partnership for Same-Sex Couples in Denmark.” Child and Family Law Quarterly 8.2 (1996):149–56. Calhoun, Cheshire. “Who’s Afraid of Polygamous Marriage? Lessons for Same-Sex Marriage Advocacy from the History of Polygamy.” San Diego Law Review 42 (2005): 1023–42. Cole, Elizabeth, and Lanice Avery. “Against Nature: How Arrangements about the Naturalness of Marriage Privilege Heterosexuality.” Journal of Social Issues 68.1 (2012): 46–62. Fejes, Fred. “Advertising and the Political Economy of Lesbian/Gay Identity.” Sex & Money: Feminism and Political Economy in the Media. Ed. Eileen Meehan & Ellen Riordan. Minnesota: University of Minnesota Press (2001): 213–22. GetUp!. "It’s Time." YouTube. (2011) 24 Nov. 2012 ‹http://www.youtube.com/watch?v=_TBd-UCwVAY›. Greenwich, Alex. “A Failed Experiment: Why Civil Unions Are No Substitute For Marriage Equality”. Australian Marriage Equality. (2009): 1–13. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2010/12/A-failed-experiment.pdf›. —. “The Case for Same-Sex Marriage”. Australian Marriage Equality. 2011. 20 Nov. 2012 ‹http://www.australianmarriageequality.com/wp/wp-content/uploads/2011/08/Why-Marriage-Equality.pdf›. Jowett, Adam, and Elizabeth Peel. “'Seismic Cultural Change?’: British Media Representations of Same-Sex Marriage.” Women’s Studies International Forum 33 (2010): 206–14. Li, Xigen, and Xudong Liu. “Framing and Coverage of Same-Sex Marriage in U.S. Newspapers.” Howard Journal of Communications 21 (2010): 72–91. Marriage Act 1961 (Cwlth). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/cth/consol_act/ma196185/›. Mclean, Sam. “About GetUp!” GetUp! Action for Australia. 2012. 20 Nov. 2012 ‹http://www.getup.org.au/about›. Relationships Act 2003 (Tas). 20 Sept. 2012 ‹http://www.austlii.edu.au/au/legis/tas/consol_act/ra2003173/›. Relationships Act 2008 (Vic). Web. 20 Nov. 2012 ‹http://www.austlii.edu.au/au/legis/vic/consol_act/ra2008173/›. Richardson, Diane. “Locating Sexualities: From Here to Normality.” Sexualities 7.4 (2004): 391–411. Rosenblum, Darren. “Queer Intersectionality and the Failure of Recent Lesbian and Gay ‘Victories.’” Law & Sexuality 4 (1994): 83–122. Shanley, Mary Lyndon. Just Marriage. Oxford: Oxford University Press, 2004. Waaldijk, Kees. More or Less Together: Levels of Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners. A Comparative Study of Nine European Countries. Paris: Institut National d’Etudes Démographiques, 2005.
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Heurich, Angelika. "Women in Australian Politics: Maintaining the Rage against the Political Machine." M/C Journal 22, no. 1 (March 13, 2019). http://dx.doi.org/10.5204/mcj.1498.

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Women in federal politics are under-represented today and always have been. At no time in the history of the federal parliament have women achieved equal representation with men. There have never been an equal number of women in any federal cabinet. Women have never held an equitable number of executive positions of the Australian Labor Party (ALP) or the Liberal Party. Australia has had only one female Prime Minister, Julia Gillard, and she was the recipient of sexist treatment in the parliament and the media. A 2019 report by Plan International found that girls and women, were “reluctant to pursue a career in politics, saying they worry about being treated unfairly.” The Report author said the results were unsurprisingwhen you consider how female politicians are still treated in Parliament and the media in this country, is it any wonder the next generation has no desire to expose themselves to this world? Unfortunately, in Australia, girls grow up seeing strong, smart, capable female politicians constantly reduced to what they’re wearing, comments about their sexuality and snipes about their gender.What voters may not always see is how women in politics respond to sexist treatment, or to bullying, or having to vote against their principles because of party rules, or to having no support to lead the party. Rather than being political victims and quitting, there is a ground-swell of women who are fighting back. The rage they feel at being excluded, bullied, harassed, name-called, and denied leadership opportunities is being channelled into rage against the structures that deny them equality. The rage they feel is building resilience and it is building networks of women across the political divide. This article highlights some female MPs who are “maintaining the rage”. It suggests that the rage that is evident in their public responses is empowering them to stand strong in the face of adversity, in solidarity with other female MPs, building their resilience, and strengthening calls for social change and political equality.Her-story of Women’s MovementsThroughout the twentieth century, women stood for equal rights and personal empowerment driven by rage against their disenfranchisement. Significant periods include the early 1900s, with suffragettes gaining the vote for women. The interwar period of 1919 to 1938 saw women campaign for financial independence from their husbands (Andrew). Australian women were active citizens in a range of campaigns for improved social, economic and political outcomes for women and their children.Early contributions made by women to Australian society were challenges to the regulations and of female sexuality and reproduction. Early twentieth century feminist organisations such The Women’s Peace Army, United Association of Women, the Australian Federation of Women’s Societies for Equal Citizenship, the Union of Australian Women, the National Council of Women, and the Australian Federation of Women Voters, proved the early forerunners to the 1970s Women’s Liberation Movement (WLM). It was in many of these early campaigns that the rage expressed in the concept of the “personal is political” (Hanisch) became entrenched in Australian feminist approaches to progressive social change. The idea of the “personal is political” encapsulated that it was necessary to challenge and change power relations, achievable when women fully participated in politics (van Acker 25). Attempts by women during the 1970s to voice concerns about issues of inequality, including sexuality, the right to abortion, availability of childcare, and sharing of household duties, were “deemed a personal problem” and not for public discussion (Hanisch). One core function of the WLM was to “advance women’s positions” via government legislation or, as van Acker (120) puts it, the need for “feminist intervention in the state.” However, in advocating for policy reform, the WLM had no coherent or organised strategy to ensure legislative change. The establishment of the Women’s Electoral Lobby (WEL), together with the Femocrat strategy, sought to rectify this. Formed in 1972, WEL was tasked with translating WLM concerns into government policy.The initial WEL campaign took issues of concern to WLM to the incoming Whitlam government (1972-1975). Lyndall Ryan (73) notes: women’s liberationists were the “stormtroopers” and WEL the “pragmatic face of feminism.” In 1973 Whitlam appointed Elizabeth Reid, a member of WLM, as Australia’s first Women’s Advisor. Of her appointment, Reid (3) said, “For the first time in our history we were being offered the opportunity to attempt to implement what for years we had been writing, yelling, marching and working towards. Not to respond would have felt as if our bluff had been called.” They had the opportunity in the Whitlam government to legislatively and fiscally address the rage that drove generations of women to yell and march.Following Reid were the appointments of Sara Dowse and Lyndall Ryan, continuing the Femocrat strategy of ensuring women were appointed to executive bureaucratic roles within the Whitlam government. The positions were not well received by the mainly male-dominated press gallery and parliament. As “inside agitators” (Eisenstein) for social change the central aim of Femocrats was social and economic equity for women, reflecting social justice and progressive social and public policy. Femocrats adopted a view about the value of women’s own lived experiences in policy development, application and outcome. The role of Senator Susan Ryan is of note. In 1981, Ryan wrote and introduced the Sex Discrimination Bill, the first piece of federal legislation of its type in Australia. Ryan was a founding member of WEL and was elected to the Senate in 1975 on the slogan “A woman’s place is in the Senate”. As Ryan herself puts it: “I came to believe that not only was a woman’s place in the House and in the Senate, as my first campaign slogan proclaimed, but a feminist’s place was in politics.” Ryan, the first Labor woman to represent the ACT in the Senate, was also the first Labor woman appointed as a federal Minister.With the election of the economic rationalist Hawke and Keating Governments (1983-1996) and the neoliberal Howard Government (1996-2007), what was a “visible, united, highly mobilised and state-focused women’s movement” declined (Lake 260). This is not to say that women today reject the value of women’s voices and experiences, particularly in politics. Many of the issues of the 1970s remain today: domestic violence, unequal pay, sexual harassment, and a lack of gender parity in political representation. Hence, it remains important that women continue to seek election to the national parliament.Gender Gap: Women in Power When examining federal elections held between 1972 and 2016, women have been under-represented in the lower house. In none of these elections have women achieved more than 30 per cent representation. Following the 1974 election less that one per cent of the lower house were women. No women were elected to the lower house at the 1975 or 1977 election. Between 1980 and 1996, female representation was less than 10 per cent. In 1996 this rose to 15 per cent and reached 29 per cent at the 2016 federal election.Following the 2016 federal election, only 32 per cent of both chambers were women. After the July 2016 election, only eight women were appointed to the Turnbull Ministry: six women in Cabinet and two women in the Outer Cabinet (Parliament of Australia). Despite the higher representation of women in the ALP, this is not reflected in the number of women in the Shadow Cabinet. Just as female parliamentarians have never achieved parity, neither have women in the Executive Branch.In 2017, Australia was ranked 50th in the world in terms of gender representation in parliament, between The Philippines and South Sudan. Globally, there are 38 States in which women account for less than 10 per cent of parliamentarians. As at January 2017, the three highest ranking countries in female representation were Rwanda, Bolivia and Cuba. The United Kingdom was ranked 47th, and the United States 104th (IPU and UNW). Globally only 18 per cent of government ministers are women (UNW). Between 1960 and 2013, 52 women became prime ministers worldwide, of those 43 have taken office since 1990 (Curtin 191).The 1995 United Nations (UN) Fourth World Conference on Women set a 30 per cent target for women in decision-making. This reflects the concept of “critical mass”. Critical mass proposes that for there to be a tipping balance where parity is likely to emerge, this requires a cohort of a minimum of 30 per cent of the minority group.Gender scholars use critical mass theory to explain that parity won’t occur while there are only a few token women in politics. Rather, only as numbers increase will women be able to build a strong enough presence to make female representation normative. Once a 30 per cent critical mass is evident, the argument is that this will encourage other women to join the cohort, making parity possible (Childs & Krook 725). This threshold also impacts on legislative outcomes, because the larger cohort of women are able to “influence their male colleagues to accept and approve legislation promoting women’s concerns” (Childs & Krook 725).Quotas: A Response to Gender InequalityWith women representing less than one in five parliamentarians worldwide, gender quotas have been introduced in 90 countries to redress this imbalance (Krook). Quotas are an equal opportunity measure specifically designed to re-dress inequality in political representation by allocating seats to under-represented groups (McCann 4). However, the effectiveness of the quota system is contested, with continued resistance, particularly in conservative parties. Fine (3) argues that one key objection to mandatory quotas is that they “violate the principle of merit”, suggesting insufficient numbers of women capable or qualified to hold parliamentary positions.In contrast, Gauja (2) suggests that “state-mandated electoral quotas work” because in countries with legislated quotas the number of women being nominated is significantly higher. While gender quotas have been brought to bear to address the gender gap, the ability to challenge the majority status of men has been limited (Hughes).In 1994 the ALP introduced rule-based party quotas to achieve equal representation by 2025 and a gender weighting system for female preselection votes. Conversely, the Liberal Party have a voluntary target of reaching 50 per cent female representation by 2025. But what of the treatment of women who do enter politics?Fig. 1: Portrait of Julia Gillard AC, 27th Prime Minister of Australia, at Parliament House, CanberraInside Politics: Misogyny and Mobs in the ALPIn 2010, Julia Gillard was elected as the leader of the governing ALP, making her Australia’s first female Prime Minister. Following the 2010 federal election, called 22 days after becoming Prime Minister, Gillard was faced with the first hung parliament since 1940. She formed a successful minority government before losing the leadership of the ALP in June 2013. Research demonstrates that “being a female prime minister is often fraught because it challenges many of the gender stereotypes associated with political leadership” (Curtin 192). In Curtin’s assessment Gillard was naïve in her view that interest in her as the country’s first female Prime Minister would quickly dissipate.Gillard, argues Curtin (192-193), “believed that her commitment to policy reform and government enterprise, to hard work and maintaining consensus in caucus, would readily outstrip the gender obsession.” As Curtin continues, “this did not happen.” Voters were continually reminded that Gillard “did not conform to the traditional.” And “worse, some high-profile men, from industry, the Liberal Party and the media, indulged in verbal attacks of a sexist nature throughout her term in office (Curtin 192-193).The treatment of Gillard is noted in terms of how misogyny reinforced negative perceptions about the patriarchal nature of parliamentary politics. The rage this created in public and media spheres was double-edged. On the one hand, some were outraged at the sexist treatment of Gillard. On the other hand, those opposing Gillard created a frenzy of personal and sexist attacks on her. Further attacking Gillard, on 25 February 2011, radio broadcaster Alan Jones called Gillard, not only by her first-name, but called her a “liar” (Kwek). These attacks and the informal way the Prime Minister was addressed, was unprecedented and caused outrage.An anti-carbon tax rally held in front of Parliament House in Canberra in March 2011, featured placards with the slogans “Ditch the Witch” and “Bob Brown’s Bitch”, referring to Gillard and her alliance with the Australian Greens, led by Senator Bob Brown. The Opposition Leader Tony Abbott and other members of the Liberal Party were photographed standing in front of the placards (Sydney Morning Herald, Vertigo). Criticism of women in positions of power is not limited to coming from men alone. Women from the Liberal Party were also seen in the photo of derogatory placards decrying Gillard’s alliances with the Greens.Gillard (Sydney Morning Herald, “Gillard”) said she was “offended when the Leader of the Opposition went outside in the front of Parliament and stood next to a sign that said, ‘Ditch the witch’. I was offended when the Leader of the Opposition stood next to a sign that ascribed me as a man’s bitch.”Vilification of Gillard culminated in October 2012, when Abbott moved a no-confidence motion against the Speaker of the House, Peter Slipper. Abbott declared the Gillard government’s support for Slipper was evidence of the government’s acceptance of Slipper’s sexist attitudes (evident in allegations that Slipper sent a text to a political staffer describing female genitals). Gillard responded with what is known as the “Misogyny speech”, pointing at Abbott, shaking with rage, and proclaiming, “I will not be lectured about sexism and misogyny by this man” (ABC). Apart from vilification, how principles can be forsaken for parliamentary, party or electoral needs, may leave some women circumspect about entering parliament. Similar attacks on political women may affirm this view.In 2010, Labor Senator Penny Wong, a gay Member of Parliament and advocate of same-sex marriage, voted against a bill supporting same-sex marriage, because it was not ALP policy (Q and A, “Passion”). Australian Marriage Equality spokesperson, Alex Greenwich, strongly condemned Wong’s vote as “deeply hypocritical” (Akersten). The Sydney Morning Herald (Dick), under the headline “Married to the Mob” asked:a question: what does it now take for a cabinet minister to speak out on a point of principle, to venture even a mild criticism of the party position? ... Would you object if your party, after fixing some areas of discrimination against a minority group of which you are a part, refused to move on the last major reform for that group because of ‘tradition’ without any cogent explanation of why that tradition should remain? Not if you’re Penny Wong.In 2017, during the postal vote campaign for marriage equality, Wong clarified her reasons for her 2010 vote against same-sex marriage saying in an interview: “In 2010 I had to argue a position I didn’t agree with. You get a choice as a party member don’t you? You either resign or do something like that and make a point, or you stay and fight and you change it.” Biding her time, Wong used her rage to change policy within the ALP.In continuing personal attacks on Gillard, on 19 March 2012, Gillard was told by Germaine Greer that she had a “big arse” (Q and A, “Politics”) and on 27 August 2012, Greer said Gillard looked like an “organ grinder’s monkey” (Q and A, “Media”). Such an attack by a prominent feminist from the 1970s, on the personal appearance of the Prime Minister, reinforced the perception that it was acceptable to criticise a woman in this position, in ways men have never been. Inside Politics: Leadership and Bullying inside the Liberal PartyWhile Gillard’s leadership was likely cut short by the ongoing attacks on her character, Liberal Deputy leader Julie Bishop was thwarted from rising to the leadership of the Liberal Party, thus making it unlikely she will become the Liberal Party’s first female Prime Minister. Julie Bishop was Australia’s Minister for Foreign Affairs from 2013 to 2018 and Deputy Leader of the Liberal Party from 2007 to 2018, having entered politics in 1998.With the impending demise of Prime Minister Turnbull in August 2018, Bishop sought support from within the Liberal Party to run for the leadership. In the second round of leadership votes Bishop stood for the leadership in a three-cornered race, coming last in the vote to Peter Dutton and Scott Morrison. Bishop resigned as the Foreign Affairs Minister and took a seat on the backbench.When asked if the Liberal Party would elect a popular female leader, Bishop replied: “When we find one, I’m sure we will.” Political journalist Annabel Crabb offered further insight into what Bishop meant when she addressed the press in her red Rodo shoes, labelling the statement as “one of Julie Bishop’s chilliest-ever slapdowns.” Crabb, somewhat sardonically, suggested this translated as Bishop listing someone with her qualifications and experience as: “Woman Works Hard, Is Good at Her Job, Doesn't Screw Up, Loses Out Anyway.”For political journalist Tony Wright, Bishop was “clearly furious with those who had let their testosterone get the better of them and their party” and proceeded to “stride out in a pair of heels in the most vivid red to announce that, despite having resigned the deputy position she had occupied for 11 years, she was not about to quit the Parliament.” In response to the lack of support for Bishop in the leadership spill, female members of the federal parliament took to wearing red in the parliamentary chambers signalling that female members were “fed up with the machinations of the male majority” (Wright).Red signifies power, strength and anger. Worn in parliament, it was noticeable and striking, making a powerful statement. The following day, Bishop said: “It is evident … that there is an acceptance of a level of behaviour in Canberra that would not be tolerated in any other workplace across Australia" (Wright).Colour is political. The Suffragettes of the early twentieth century donned the colours of purple and white to create a statement of unity and solidarity. In recent months, Dr Kerryn Phelps used purple in her election campaign to win the vacated seat of Wentworth, following Turnbull’s resignation, perhaps as a nod to the Suffragettes. Public anger in Wentworth saw Phelps elected, despite the electorate having been seen as a safe Liberal seat.On 21 February 2019, the last sitting day of Parliament before the budget and federal election, Julie Bishop stood to announce her intention to leave politics at the next election. To some this was a surprise. To others it was expected. On finishing her speech, Bishop immediately exited the Lower House without acknowledging the Prime Minister. A proverbial full-stop to her outrage. She wore Suffragette white.Victorian Liberal backbencher Julia Banks, having declared herself so repelled by bullying during the Turnbull-Dutton leadership delirium, announced she was quitting the Liberal Party and sitting in the House of Representatives as an Independent. Banks said she could no longer tolerate the bullying, led by members of the reactionary right wing, the coup was aided by many MPs trading their vote for a leadership change in exchange for their individual promotion, preselection endorsements or silence. Their actions were undeniably for themselves, for their position in the party, their power, their personal ambition – not for the Australian people.The images of male Liberal Members of Parliament standing with their backs turned to Banks, as she tended her resignation from the Liberal Party, were powerful, indicating their disrespect and contempt. Yet Banks’s decision to stay in politics, as with Wong and Bishop is admirable. To maintain the rage from within the institutions and structures that act to sustain patriarchy is a brave, but necessary choice.Today, as much as any time in the past, a woman’s place is in politics, however, recent events highlight the ongoing poor treatment of women in Australian politics. Yet, in the face of negative treatment – gendered attacks on their character, dismissive treatment of their leadership abilities, and ongoing bullying and sexism, political women are fighting back. They are once again channelling their rage at the way they are being treated and how their abilities are constantly questioned. They are enraged to the point of standing in the face of adversity to bring about social and political change, just as the suffragettes and the women’s movements of the 1970s did before them. The current trend towards women planning to stand as Independents at the 2019 federal election is one indication of this. Women within the major parties, particularly on the conservative side of politics, have become quiet. Some are withdrawing, but most are likely regrouping, gathering the rage within and ready to make a stand after the dust of the 2019 election has settled.ReferencesAndrew, Merrindahl. Social Movements and the Limits of Strategy: How Australian Feminists Formed Positions on Work and Care. Canberra. Australian National University. 2008.Akersten, Matt. “Wong ‘Hypocrite’ on Gay Marriage.” SameSame.com 2010. 12 Sep. 2016 <http://www.samesame.com.au/news/5671/Wong-hypocrite-on-gay-marriage>.Banks, Julia. Media Statement, 27 Nov. 2018. 20 Jan. 2019 <http://juliabanks.com.au/media-release/statement-2/>.Childs, Sarah, and Mona Lena Krook. “Critical Mass Theory and Women’s Political Representation.” Political Studies 56 (2008): 725-736.Crabb, Annabel. “Julie Bishop Loves to Speak in Code and She Saved Her Best One-Liner for Last.” ABC News 28 Aug. 2018. 20 Jan. 2019 <https://www.abc.net.au/news/2018-08-28/julie-bishop-women-in-politics/10174136>.Curtin, Jennifer. “The Prime Ministership of Julia Gillard.” Australian Journal of Political Science 50.1 (2015): 190-204.Dick, Tim. “Married to the Mob.” Sydney Morning Herald 26 July 2010. 12 Sep. 2016 <http://m.smh.com.au/federal-election/married-to-the-mob-20100726-0r77.html?skin=dumb-phone>.Eisenstein, Hester. Inside Agitators: Australian Femocrats and the State. Sydney: Allen and Unwin, 1996.Fine, Cordelia. “Do Mandatory Gender Quotas Work?” The Monthly Mar. 2012. 6 Feb. 2018 <https://www.themonthly.com.au/issue/2012/march/1330562640/cordelia-fine/status-quota>.Gauja, Anika. “How the Liberals Can Fix Their Gender Problem.” The Conversation 13 Oct. 2017. 16 Oct. 2017 <https://theconversation.com/how-the-liberals-can-fix-their-gender-problem- 85442>.Hanisch, Carol. “Introduction: The Personal is Political.” 2006. 18 Sep. 2016 <http://www.carolhanisch.org/CHwritings/PIP.html>.Hughes, Melanie. “Intersectionality, Quotas, and Minority Women's Political Representation Worldwide.” American Political Science Review 105.3 (2011): 604-620.Inter-Parliamentary Union. Equality in Politics: A Survey of Women and Men in Parliaments. 2008. 25 Feb. 2018 <http://archive.ipu.org/pdf/publications/equality08-e.pdf>.Inter-Parliamentary Union and United Nations Women. Women in Politics: 2017. 2017. 29 Jan. 2018 <https://www.ipu.org/resources/publications/infographics/2017-03/women-in-politics-2017>.Krook, Mona Lena. “Gender Quotas as a Global Phenomenon: Actors and Strategies in Quota Adoption.” European Political Science 3.3 (2004): 59–65.———. “Candidate Gender Quotas: A Framework for Analysis.” European Journal of Political Research 46 (2007): 367–394.Kwek, Glenda. “Alan Jones Lets Rip at ‘Ju-liar’ Gillard.” Sydney Morning Herald 25 Feb. 2011. 12 Sep. 2016 <http://www.smh.com.au/entertainment/tv-and-radio/alan-jones-lets-rip-at-juliar-gillard-20110224-1b7km.html>.Lake, Marilyn. Getting Equal: The History of Australian Feminism. Sydney: Allen and Unwin, 1999.McCann, Joy. “Electoral Quotas for Women: An International Overview.” Parliament of Australia Library 14 Nov. 2013. 1 Feb. 2018 <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/ElectoralQuotas>.Parliament of Australia. “Current Ministry List: The 45th Parliament.” 2016. 11 Sep. 2016 <http://www.aph.gov.au/about_parliament/parliamentary_departments/parliamentary_library/parliamentary_handbook/current_ministry_list>.Plan International. “Girls Reluctant to Pursue a Life of Politics Cite Sexism as Key Reason.” 2018. 20 Jan. 2019 <https://www.plan.org.au/media/media-releases/girls-have-little-to-no-desire-to-pursue-a-career-in-politics>.Q and A. “Mutilation and the Media Generation.” ABC Television 27 Aug. 2012. 28 Sep. 2016 <http://www.abc.net.au/tv/qanda/txt/s3570412.htm>.———. “Politics and Porn in a Post-Feminist World.” ABC Television 19 Mar. 2012. 12 Sep. 2016 <http://www.abc.net.au/tv/qanda/txt/s3451584.htm>.———. “Where Is the Passion?” ABC Television 26 Jul. 2010. 23 Mar. 2018 <http://www.abc.net.au/tv/qanda/txt/s2958214.htm?show=transcript>.Reid, Elizabeth. “The Child of Our Movement: A Movement of Women.” Different Lives: Reflections on the Women’s Movement and Visions of Its Future. Ed. Jocelynne Scutt. Ringwood: Penguin 1987. 107-120.Ryan, L. “Feminism and the Federal Bureaucracy 1972-83.” Playing the State: Australian Feminist Interventions. Ed. Sophie Watson. Sydney: Allen and Unwin 1990.Ryan, Susan. “Fishes on Bicycles.” Papers on Parliament 17 (Sep. 1992). 1 Mar. 2018 <https://www.aph.gov.au/~/~/link.aspx?_id=981240E4C1394E1CA3D0957C42F99120>.Sydney Morning Herald. “‘Pinocchio Gillard’: Strong Anti-Gillard Emissions at Canberra Carbon Tax Protest.” 23 Mar. 2011. 12 Sep. 2016 <http://www.smh.com.au/environment/climate-change/pinocchio-gillard-strong-antigillard-emissions-at-canberra-carbon-tax-protest-20110323-1c5w7.html>.———. “Gillard v Abbott on the Slipper Affair.” 10 Oct. 2012. 12 Sep. 2016 <http://www.abc.net.au/news/2012-10-09/gillard-vs-abbott-on-the-slipper-affair/4303618>.United Nations Women. Facts and Figures: Leadership and Political Participation. 2017. 1 Mar. 2018 <http://www.unwomen.org/en/what-we-do/leadership-and-political-participation/facts-and-figures>.Van Acker, Elizabeth. Different Voices: Gender and Politics in Australia. Melbourne: MacMillan Education Australia, 1999.Wright, Tony. “No Handmaids Here! Liberal Women Launch Their Red Resistance.” Sydney Morning Herald 17 Sep. 2018. 20 Jan. 2019 <https://www.smh.com.au/politics/federal/no-handmaids-here-liberal-women-launch-their-red-resistance-20180917-p504bm.html>.Wong, Penny. “Marriage Equality Plebiscite.” Interview Transcript. The Project 1 Aug. 2017. 1 Mar. 2018 <https://www.pennywong.com.au/transcripts/the-project-2/>.
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Craven, Allison Ruth. "The Last of the Long Takes: Feminism, Sexual Harassment, and the Action of Change." M/C Journal 23, no. 2 (May 13, 2020). http://dx.doi.org/10.5204/mcj.1599.

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Abstract:
The advent of the #MeToo movement and the scale of participation in 85 countries (Gill and Orgad; see Google Trends) has greatly expanded debate about the revival of feminism (Winch Littler and Keeler) and the contribution of digital media to a “reconfiguration” of feminism (Jouet). Insofar as these campaigns are concerned with sexual harassment and related forms of sexual abuse, the longer history of sexual harassment in which this practice was named by women’s movement activists in the 1970s has gone largely unremarked except in the broad sense of the recharging or “techno-echo[es]” (Jouet) of earlier “waves” of feminism. However, #MeToo and its companion movement #TimesUp, and its fighting fund timesupnow.org, stemmed directly from the allegations in 2017 against the media mogul Harvey Weinstein by Hollywood professionals and celebrities. The naming of prominent, powerful men as harassers and the celebrity sphere of activism have become features of #MeToo that warrant comparison with the naming of sexual harassment in the earlier era of feminism.While the practices it named were not new, the term “sexual harassment” was new, and it became a defining issue in second wave feminism that was conceptualised within the continuum of sexual violence. I outline this history, and how it transformed the private, individual experiences of many women into a shared public consciousness about sexual coercion in the workplace, and some of the debate that this generated within the women’s movement at the time. It offers scope to compare the threshold politics of naming names in the 21st century, and its celebrity vanguard which has led to some ambivalence about the lasting impact. For Kathy Davis (in Zarkov and Davis), for instance, it is atypical of the collective goals of second wave feminism.In comparing the two eras, Anita Hill’s claims against Clarence Thomas in the early 1990s is a bridging incident. It dates from closer to the time in which sexual harassment was named, and Hill’s testimony is now recognised as a prototype of the kinds of claims made against powerful men in the #MeToo era. Lauren Berlant’s account of “Diva Citizenship”, formulated in response to Hill’s testimony to the US Senate, now seems prescient of the unfolding spectacle of feminist subjectivities in the digital public sphere and speaks directly to the relation between individual and collective action in making lasting change. The possibility of change, however, descends from the intervention of the women’s movement in naming sexual harassment.The Name Is AllI found my boss in a room ... . He was alone ... . He greeted me ... touched my hair and ... said ... “Come, Ruth, sit down here.” He motioned to his knee. I felt my face flush. I backed away towards the door ... . Then he rose ... and ... put his hand into his pocket, took out a roll of bills, counted off three dollars, and brought it over to me at the door. “Tell your father,” he said, “to find you a new shop for tomorrow morning.” (Cohen 129)Sexual coercion in the workplace, such as referred to in this workplace novel published in 1918, was spoken about among women in subcultures and gossip long before it was named as sexual harassment. But it had no place in public discourse. Women’s knowledge of sexual harassment coalesced in an act of naming that is reputed to have occurred in a consciousness raising group in New York at the height of the second wave women’s movement. Lin Farley lays claim to it in her book, Sexual Shakedown, first published in 1978, in describing the coinage of the term from a workshop on women and work in 1974 at Cornell University. The group of participants was made up, she says, of near equal numbers of black and white women with “economic backgrounds ranging from very affluent to poor” (11). She describes how, “when we had finished, there was an unmistakable pattern to our employment ... . Each one of us had already quit or been fired from a job at least once because we had been made too uncomfortable by the behaviour of men” (11–12). She claims to have later devised the term “sexual harassment” in collaboration with others from this group (12).The naming of sexual harassment has been described as a kind of “discovery” (Leeds TUCRIC 1) and possibly “the only concept of sexual violence to be labelled by women themselves” (Hearn et al. 20). Not everyone agrees that Farley’s group first coined the term (see Herbert 1989) and there is some evidence that it was in use from the early 1970s. Catherine Mackinnon accredits its first use to the Working Women United Institute in New York in connection with the case of Carmita Wood in 1975 (25). Yet Farley’s account gained authority and is cited in several other contemporary radical feminist works (for instance, see Storrie and Dykstra 26; Wise and Stanley 48), and Sexual Shakedown can now be listed among the iconic feminist manifestoes of the second wave era.The key insight of Farley’s book was that sexual coercion in the workplace was more than aberrant behaviour by individual men but was systemic and organised. She suggests how the phrase sexual harassment “is the first verbal description of women’s feelings about this behaviour and it unstintingly conveys a negative perception of male aggression in the workplace” (32). Others followed in seeing it as organised expression of male power that functions “to keep women out of non-traditional occupations and to reinforce their secondary status in the workplace” (Pringle 93), a wisdom that is now widely accepted but seemed radical at the time.A theoretical literature on sexual harassment grew rapidly from the 1970s in which the definition of sexual harassment was a key element. In Sexual Shakedown, Farley defines it with specific connection to the workplace and a woman’s “function as worker” (33). Some definitions attempted to cover a range of practices that “might threaten a woman’s job security or create a stressful or intimidating working environment” ranging from touching to rape (Sedley and Benn 6). In the wider radical feminist discussion, sexual harassment was located within the “continuum of sexual violence”, a paradigm that highlighted the links between “every day abuses” and “less common experiences labelled as crimes” (Kelly 59). Accordingly, it was seen as a diminished category of rape, termed “little rape” (Bularzik 26), or a means whereby women are “reminded” of the “ever present threat of rape” (Rubinstein 165).The upsurge of research and writing served to document the prevalence and history of sexual harassment. Radical feminist accounts situated the origins in the long-standing patriarchal assumption that economic responsibility for women is ultimately held by men, and how “women forced to earn their own living in the past were believed to be defenceless and possibly immoral” (Rubinstein 166). Various accounts highlighted the intersecting effects of racism and sexism in the experience of black women, and women of colour, in a way that would be now termed intersectional. Jo Dixon discussed black women’s “least advantaged position in the economy coupled with the legacy of slavery” (164), while, in Australia, Linda Rubinstein describes the “sexual exploitation of aboriginal women employed as domestic servants on outback stations” which was “as common as the better documented abuse of slaves in the American South” (166).In The Sexual Harassment of Working Women, Catherine Mackinnon provided a pioneering legal argument that sexual harassment was a form of sex discrimination. She defined two types: the quid pro quo, when “sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity” (32); and sexual harassment as a “persistent condition of work” that “simply makes the work environment unbearable” (40). Thus the feminist histories of sexual harassment became detailed and strategic. The naming of sexual harassment was a moment of relinquishing women’s experience to the gaze of feminism and the bureaucratic gaze of the state, and, in the legal interventions that followed, it ceased to be exclusively a feminist issue.In Australia, a period of bureaucratisation and state intervention commenced in the late 1970s that corresponded with similar legislative responses abroad. The federal Sex Discrimination Act was amended in 1984 to include a definition of sexual harassment, and State and Territory jurisdictions also framed legislation pertaining to sexual harassment (see Law Council of Australia). The regimes of redress were linked with Equal Opportunity and Affirmative Action frameworks and were of a civil order. Under the law, there was potential for employers to be found vicariously liable for sexual harassment.In the women’s movement, legislative strategies were deemed reformist. Radical and socialist feminists perceived the de-gendering effects of these policies in the workplace that risked collusion with the state. Some argued that naming and defining sexual harassment denies that women constantly deal with a range of harassment anywhere, not only in the workplace (Wise and Stanley 10); while others argued that reformist approaches effectively legitimate other forms of sex discrimination not covered by legislation (Game and Pringle 290). However, in feminism and in the policy realm, the debate concerned sexual harassment in the general workplace. In contrast to #MeToo, it was not led by celebrity voices, nor galvanised by incidents in the sphere of entertainment, nor, by and large, among figures of public office, except for a couple of notable exceptions, including Anita Hill.The “Spectacle of Subjectivity” in the “Scene of Public Life”Through the early 1990s as an MA candidate at the University of Queensland, I studied media coverage of sexual harassment cases, clipping newspapers and noting electronic media reports on a daily basis. These mainly concerned incidents in government sector workplaces or small commercial enterprises. While the public prominence of the parties involved was not generally a factor in reportage, occasionally, prominent individuals were affected, such as the harassment of the athlete Michelle Baumgartner at the Commonwealth Games in 1990 which received extensive coverage but the offenders were never publicly named or disciplined. Two other incidents stand out: the Ormond College case at the University of Melbourne, about which much has been written; and Anita Hill’s claims against Clarence Thomas during his nomination to the US Supreme Court in 1991.The spectacle of Hill’s testimony to the US Senate is now an archetype of claims against powerful men, although, at the time, her credibility was attacked and her dignified presentation was criticised as “too composed. Too cool. Too censorious” (Legge 31). Hill was also seen to counterpose the struggles of race and gender, and Thomas himself famously described it as “a hi-tech lynching of an uppity black” (qtd in Stephens 1). By “hi-tech”, Thomas alluded to the occasion of the first-ever live national broadcast of the United States Senate hearings in which Hill’s claims were aired directly to the national public, and re-broadcast internationally in news coverage. Thus, it was not only the claims but the scale and medium of delivery to a global audience that set it apart from other sexual harassment stories.Recent events have since prompted revisiting of the inequity of Hill’s treatment at the Senate hearings. But well before this, in an epic and polemical study of American public culture, Berlant reflected at length on the heroism of Hill’s “witnessing” as paradigmatic of citizenship in post-Reaganite America’s “shrinking” public sphere. It forms part of her much wider thesis regarding the “intimate public sphere” and the form of citizenship “produced by personal acts and values” (5) in the absence of a context that “makes ordinary citizens feel they have a common public culture, or influence on a state” (3), and in which the fundamental inequality of minority cultures is assumed. For Berlant, Hill’s testimony becomes the model of “Diva Citizenship”; the “strange intimacy” in which the Citizen Diva, “the subordinated person”, believes in the capacity of the privileged ones “to learn and to change” and “trust[s] ... their innocence of ... their obliviousness” of the system that has supported her subjugation (222–223). While Berlant’s thesis pertains to profound social inequalities, there is no mistaking the comparison to the digital feminist in the #MeToo era in the call to identify with her suffering and courage.Of Hill’s testimony, Berlant describes how: “a member of a stigmatised population testifies reluctantly to a hostile public the muted and anxious history of her imperiled citizenship” (222). It is an “act of heroic pedagogy” (223) which occurs when “a person stages a dramatic coup in a public sphere in which she does not have privilege” (223). In such settings, “acts of language can feel like explosives” and put “the dominant story into suspended animation” (223). The Diva Citizen cannot “change the world” but “challenges her audience” to identify with her “suffering” and the “courage she has had to produce” in “calling on people to change the practices of citizenship into which they currently consent” (223). But Berlant cautions that the strongest of Divas cannot alone achieve change because “remaking the scene of public life into a spectacle of subjectivity” can lead to “a confusion of ... memorable rhetorical performance with sustained social change itself” (223). Instead, she argues that the Diva’s act is a call; the political obligation for the action of change lies with the collective, the greater body politic.The EchoIf Acts of Diva Citizenship abound in the #MeToo movement, relations between the individual and the collective are in question in a number of ways. This suggests a basis of comparison between past and present feminisms which have come full circle in the renewed recognition of sexual harassment in the continuum of sexual violence. Compared with the past, the voices of #MeToo are arguably empowered by a genuine, if gradual, change in the symbolic status of women, and a corresponding destabilization of the images of male power since the second wave era of feminism. The one who names an abuser on Twitter symbolises a power of individual courage, backed by a responding collective voice of supporters. Yet there are concerns about who can “speak out” without access to social media or with the constraint that “the sanctions would be too great” (Zarkov and Davis). Conversely, the “spreadability” — as Jenkins, Ford and Green term the travelling properties of digital media — and the apparent relative ease of online activism might belie the challenge and courage of those who make the claims and those who respond.The collective voice is also allied with other grassroots movements like SlutWalk (Jouet), the women’s marches in the US against the Trump presidency, and the several national campaigns — in India and Egypt, for instance (Zarkov and Davis) — that contest sexual violence and gender inequality. The “sheer numbers” of participation in #MeToo testify to “the collectivity of it all” and the diversity of the movement (Gill and Orgad). If the #MeToo hashtag gained traction with the “experiences of white heterosexual women in the US”, it “quickly expanded” due to “broad and inclusive appeal” with stories of queer women and men and people of colour well beyond the Global North. Even so, Tarana Burke, who founded the #MeToo hashtag in 2006 in her campaign of social justice for working class women and girls of colour, and endorsed its adoption by Hollywood, highlights the many “untold stories”.More strikingly, #MeToo participants name the names of the alleged harassers. The naming of names, famous names, is threshold-crossing and as much the public-startling power of the disclosures as the allegations and stimulates newsworthiness in conventional media. The resonance is amplified in the context of the American crisis over the Trump presidency in the sense that the powerful men called out become echoes or avatars of Trump’s monstrous manhood and the urgency of denouncing it. In the case of Harvey Weinstein, the name is all. A figure of immense power who symbolised an industry, naming Weinstein blew away the defensive old Hollywood myths of “casting couches” and promised, perhaps idealistically, the possibility for changing a culture and an industrial system.The Hollywood setting for activism is the most striking comparison with second wave feminism. A sense of contradiction emerges in this new “visibility” of sexual harassment in a culture that remains predominantly “voyeuristic” and “sexist” (Karkov and Davis), and not least in the realm of Hollywood where the sexualisation of women workers has long been a notorious open secret. A barrage of Hollywood feminism has accompanied #MeToo and #TimesUp in the campaign for diversity at the Oscars, and the stream of film remakes of formerly all-male narrative films that star all-female casts (Ghostbusters; Oceans 11; Dirty, Rotten Scoundrels). Cynically, this trend to make popular cinema a public sphere for gender equality in the film industry seems more glorifying than subversive of Hollywood masculinities. Uneasily, it does not overcome those lingering questions about why these conditions were uncontested openly for so long, and why it took so long for someone to go public, as Rose McGowan did, with claims about Harvey Weinstein.However, a reading of She Said, by Jodie Kantor and Megan Tuohey, the journalists who broke the Weinstein story in the New York Times — following their three year efforts to produce a legally water-tight report — makes clear that it was not for want of stories, but firm evidence and, more importantly, on-the-record testimony. If not for their (and others’) fastidious journalism and trust-building and the Citizen Divas prepared to disclose their experiences publicly, Weinstein might not be convicted today. Yet without the naming of the problem of sexual harassment in the women’s movement all those years ago, none of this may have come to pass. Lin Farley can now be found on YouTube retelling the story (see “New Mexico in Focus”).It places the debate about digital activism and Hollywood feminism in some perspective and, like the work of journalists, it is testament to the symbiosis of individual and collective effort in the action of change. The tweeting activism of #MeToo supplements the plenum of knowledge and action about sexual harassment across time: the workplace novels, the consciousness raising, the legislation and the poster campaigns. In different ways, in both eras, this literature demonstrates that names matter in calling for change on sexual harassment. But, if #MeToo is to become the last long take on sexual harassment, then, as Berlant advocates, the responsibility lies with the body politic who must act collectively for change in ways that will last well beyond the courage of the Citizen Divas who so bravely call it on.ReferencesBerlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. 1997. Durham: Duke UP, 2002.Bularzik, Mary. “Sexual Harassment at the Workplace: Historical Notes.” Radical America 12.4 (1978): 25-43.Cohen, Rose. Out of the Shadow. NY: Doran, 1918.Dixon, Jo. “Feminist Reforms of Sexual Coercion Laws.” Sexual Coercion: A Sourcebook on Its Nature, Causes and Prevention. Eds. Elizabeth Grauerholz and Mary A. Karlewski. Massachusetts: Lexington, 1991. 161-171.Farley, Lin. Sexual Shakedown: The Sexual Harassment of Women in the Working World. London: Melbourne House, 1978.Game, Ann, and Rosemary Pringle. “Beyond Gender at Work: Secretaries.” Australian Women: New Feminist Perspectives. Melbourne: Oxford UP, 1986. 273–91.Gill, Rosalind, and Shani Orgad. “The Shifting Terrain of Sex and Power: From the ‘Sexualisation of Culture’ to #MeToo.” Sexualities 21.8 (2018): 1313–1324. <https://doi-org.elibrary.jcu.edu.au/10.1177/1363460718794647>.Google Trends. “Me Too Rising: A Visualisation of the Movement from Google Trends.” 2017–2020. <https://metoorising.withgoogle.com>.Hearn, Jeff, Deborah Shepherd, Peter Sherrif, and Gibson Burrell. The Sexuality of Organization. London: Sage, 1989.Herbert, Carrie. Talking of Silence: The Sexual Harassment of Schoolgirls. London: Falmer, 1989.Jenkins, Henry, Sam Ford, and Joshua Green. Spreadable Media: Creating Value and Meaning in a Networked Culture. New York: New York UP, 2013.Jouet, Josiane. “Digital Feminism: Questioning the Renewal of Activism.” Journal of Research in Gender Studies 8.1 (2018). 1 Jan. 2018. <http://dx.doi.org.elibrary.jcu.edu.au/10.22381/JRGS8120187>.Kantor, Jodi, and Megan Twohey. She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement. London: Bloomsbury, 2019.Kelly, Liz. “The Continuum of Sexual Violence.” Women, Violence, and Social Control. Eds. Jalna Hanmer and Mary Maynard. London: MacMillan, 1989. 46–60.Legge, Kate. “The Harassment of America.” Weekend Australian 19–20 Oct. 1991: 31.Mackinnon, Catherine. The Sexual Harassment of Working Women. New Haven: Yale UP, 1979.New Mexico in Focus, a Production of NMPBS. 26 Jan. 2018. <https://www.youtube.com/watch?v=LlO5PiwZk8U>.Pringle, Rosemary. Secretaries Talk. Sydney: Allen and Unwin, 1988.Rubinstein, Linda. “Dominance Eroticized: Sexual Harassment of Working Women.” Worth Her Salt. Eds. Margaret Bevege, Margaret James, and Carmel Shute. Sydney: Hale and Iremonger, 1982. 163–74.Sedley, Ann, and Melissa Benn. Sexual Harassment at Work. London: NCCL Rights for Women Unit, 1986.Stephens, Peter. “America’s Sick and Awful Farce.” Sydney Morning Herald 14 Oct. 1991: 1.Storrie, Kathleen, and Pearl Dykstra. “Bibliography on Sexual Harassment.” Resources for Feminist Research/Documentation 10.4 (1981–1982): 25–32.Wise, Sue, and Liz Stanley. Georgie Porgie: Sexual Harassment in Every Day Life. London: Pandora, 1987.Winch, Alison, Jo Littler, and Jessalyn Keller. “Why ‘Intergenerational Feminist Media Studies’?” Feminist Media Studies 16.4 (2016): 557–572. <https://doi.org/10.1080/14680777.2016.1193285>.Zarkov, Dubravka, and Kathy Davis. “Ambiguities and Dilemmas around #MeToo: #ForHowLong and #WhereTo?” European Journal of Women's Studies 25.1 (2018): 3–9. <https://doi.org/10.1177/1350506817749436>.
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Dissertations / Theses on the topic "Sex discrimination against women – Law and legislation – European Union countries"

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SOHRAB, Julia Adiba. "Sexing the benefit : women social security and financial independence in EC equality law." Doctoral thesis, 1994. http://hdl.handle.net/1814/4791.

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Books on the topic "Sex discrimination against women – Law and legislation – European Union countries"

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European Commission. Directorate-General for Employment, Industrial Relations, and Social Affairs. Unit V/D.5, ed. Handbook on equal treatment for women and men in the European Union. 2nd ed. Luxembourg: Office for Official Publications of the European Communities, 1999.

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Gleichstellung in der erweiterten Europäischen Union: Gender equality in the enlarged European Union. Frankfurt am Main: Lang, 2008.

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Defending women's rights in Europe: Gender equality and EU enlargement. Albany: SUNY Press, 2015.

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Nathalie, Wuiame, and European Commission. Directorate-General for Employment, Industrial Relations, and Social Affairs. Unit V/D/5., eds. Women and decision-making in the judiciary in the European Union. Luxembourg: Office for Official Publications of the European Communities, 1999.

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Commission of the European Communities., ed. United Kingdom. Dordrecht: M. Nijhoff Publishers, 1994.

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Ahrens, Petra. Actors, Institutions, and the Making of EU Gender Equality Programs. Palgrave Macmillan, 2017.

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Guth, Jessica, and Sanna Elfving. Gender and the Court of Justice of the European Union. Taylor & Francis Group, 2020.

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Gender and the Court of Justice of the European Union. Taylor & Francis Group, 2018.

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Guth, Jessica, and Sanna Elfving. Gender and the Court of Justice of the European Union. Taylor & Francis Group, 2018.

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Guth, Jessica, and Sanna Elfving. Gender and the Court of Justice of the European Union. Taylor & Francis Group, 2018.

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