Discourse analysis of gender equality and non-discrimination laws and strategies

Abstract

Based on the contemporary research on gender and language, using the method of discourse analysis applied to the laws and policies, this article explains how certain linguistic practice, in the context of the administrative discourse, produces meaning that may or may not contribute to its better understanding and more efficient implementation. Through discourse analysis of gender equality and non-discrimination laws and strategies in Serbia, it has been shown how and with what consequences the socio-political and academic elites affect defining and promoting certain concepts (gender, sex, gender equality, discrimination) in one social and historical moment. The paper is placed in the theoretical framework of three visions of gender equality: perspective of equal treatment, women?s perspectives and gender perspective (Booth, Bennett 2002), that are corresponding to the three strategies for achieving gender equality: equal treatment, specific policy of gender equality and gender mainstreaming (Verloo, 2001). The discourse analysis of the Law on Gender Equality (2009), the National Strategy for the Improvement of the Position of Women and Advancement of Gender Equality (2009), the Law on Prohibition of Discrimination (2009) and the Strategy for Prevention and Protection against Discrimination (2013), has shown the context of use and meaning of terms gender and sex, as well as implications it has on their potential to change the existing paradigms and understanding of gender equality, and the implementation of policies in Serbia. Analysis of the use of terms sex and gender in the most important legal and strategic documents for achieving gender equality, showed that the choice of certain categories and terms is always a political choice. The authors show how these documents are written in the key of two gender perspectives and strategies: equal treatment and the specific policy of gender equality, while the third - introduction of a gender perspective and gender mainstreaming is almost not mentioned, although it is consider to have the greatest potential for transformation of existing patterns of power and hierarchy in society (Booth, Bennett, 2002; Verloo 2005; Walby, 2011). While it is clear that neither laws nor strategies can reflect the complete corpus of knowledge and ideology of gender equality and feminist theory, it is essential that they, at the discourse level, act as a source of new knowledge and understanding of these concepts. Better connection between these documents and the contemporary feminist theory, the use of knowledge accumulated within gender studies, as well as their consistent linguistic and terminological compatibility and innovation, would contribute to a better understanding of concepts, terminology and knowledge of gender equality among the general public.