Equal Treatment Of Men Research Articles

Gender component in the initial judicial training curriculum

The Strategy for the Development of Judicial Education in Ukraine for 2021–2025 considers regular update of the judicial education content based on the competence approach, judges' experience and individual needs, level and court specialization. The Strategy also considers enhancing values and social context while developing and delivering trainings. Among strategic aims of judicial education development is initial judicial training reform that requires, inter alia, curriculum updating. The article presents the research results on mainstreaming of gender component in the initial judicial training curriculum as well as corresponding recommendations. Among recommendations, there is improving of the initial judicial training curriculum with a 1-day training course «Overcoming gender stereotypes in administration of justice». The course was developed to have judges familiar with correlation between «gender stereotypes – prejudice – gender - based discrimination», how gender stereotypes influence judge's behavior and decision-making, and also to build up and strengthentheir skills to identify gender stereotypes, apply corresponding ECtHR case law, avoid gender bias in their daily work, etc. To build up gender competence of future judges, some gender aspects should be incorporated into a series of trainings on family, housing and labor disputes (in the Civil judiciary part), sexual violence, sentencing in criminal cases (in the Criminal one). Some gender related issues worth to be integrated in corresponding trainings, e.g. divorce prohibition due to Ukrainian Family Code (Art. 110, part 2), disputes on parenting children, equal treatment of men and women in cases of deprivation of parental rights, offender eviction, compliance with effective investigation standards in criminal proceedings on rape, other crimes against sexual freedom and sexual integrity or domestic violence cases. Actually, both gender mainstreaming and social context of justice should be integrated with due consideration of the role and place of each training in the curriculum, learning goals and expected outcomes, accompanied by careful selection of training materials and most effective modern interactive methods of adult education. Keywords: gender, gender competence, judicial education, initial judicial training.

Analysis of the Territorial Efficiency of European Funds as an Instrument to Reduce Labor Gender Differences

Gender equality has been one of the goals of the European Union since 1957. Article 157 of the Treaty on the Functioning of the European Union authorizes the European Parliament and the Council to adopt all those measures that guarantee the application of the principle of equality opportunities and equal treatment for men and women in employment and occupation matters. The main goal of this article was to determine whether the use of European Funds by Eurozone countries has made it possible to reduce labor differences in gender matters. To this end, the efficiency levels of the Funds are analyzed in two different periods, 2007 to 2013 and 2014 to 2020. Data Envelopment Analysis (DEA), a methodology frequently used by researchers in efficiency analyses, was applied. Among the main conclusions obtained are that the efficiency levels from the period 2014 to 2020 have been higher than that obtained in the previous period, but there are significant and persistent differences over time in the levels of gender efficiency between the different countries of the Eurozone.

Recent cases and the future of Directive 79/7 on equal treatment for men and women in social security: How to realise its full potential

Directive 79/7 on equal treatment for men and women in statutory social security has proven to be more relevant than ever, forty years after its adoption. Two new landmark judgments were handed down in 2019. The first ( Villar Láiz) concerned the calculation of the retirement pensions of part-time workers and the ruling marks an important milestone in the long road towards delivering better social protection for these workers, the majority of whom are women. The second ( WA) dealt with a pension supplement granted to female pensioners with two or more children (to the exclusion of men) and analysed, for the first time, whether affirmative action is permitted in the field of statutory social security. This article describes and makes some comments on the 2019 judgments. It also reflects, on the occasion of the 40th anniversary of Directive 79/7, on how its full potential can be realised. In particular, it proposes the generalisation of the pro rata temporis principle by removing affiliation thresholds for part-time workers, extending the scope of the Directive to all carers and carers’ allowances following the ruling in Drake, invalidating temporary derogations of the Directive in line with Test-Achats, and using Article 157(3) TFEU as a legal basis so that the Directive can be amended by qualified majority.

Through the Economic Cost of Discrimination: The Way forward for Women in the Somali Customary Justice System

The Constitution of Kenya guarantees the promotion of customary justice systems. However, in many cases, the dictates of customary law are often in contravention with the progressive attitude embodied in the Constitution. The Constitution guarantees the right to equal treatment of men and women in social, political and cultural spheres. However, women in the Somali customary justice system do not enjoy this right. Women in the Somali customary justice system have no locus standi before any dispute resolution process and they cannot oversee the resolution of disputes as this position is reserved for the elders, who can only be men. Through Gary Becker’s theory on the economics of discrimination, this paper establishes, through an economic lens, that there is a prevailing cost to the Somali community for failing to include women in the processes of the customary justice system. It suggests a way forward of promoting inclusivity in line with the characteristics of customary law.

Equal treatment for men and women in matters of social security

Equal treatment for men and women in matters of social security

From a Fight against Less Favorable Treatment to Protection of Dignity Gender Equality Law in Transition – Sexual Harassment As Discrimination

For the purpose of directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), discrimination includes sexual harassment. The directive defines ‘sexual harassment’ in the following way: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. It is not relevant to compare men and women. If both men and women are equally sexually harassed, they all suffer discrimination. The paper discusses this shift from comparisons between men and women to respect for and protection of human dignity. Under Article 1 of the EU Charter of fundamental rights, human dignity is inviolable. It must be respected and protected.

Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik

Equality before the criminal law and protection of persons with restricted personal liberty in the European states diverge. The European Court of Human Rights has been engaged in establishing and protecting standards and principles for fair pre-conviction proceedings. However, when it comes to sentencing, sex and gender equality, and non-discrimination in sentencing, the European Court faces its own limitations. It has established that there is no consensus in matters of (un)equal treatment of men and women in criminal sentencing in Europe, but has failed to address a more significant issue – is exemption of an entire sex justifiable and reasonable, even in the absence of the afore consensus at European level. This analysis attempts to answer the following questions that arose from this case: Does formal equality eliminate discrimination? When should formal equality yield to achieve genuine equality? Is gender equality attainable and how do we regulate it?

Gender Equality in the Labor Market in the Republic of Macedonia

The state of gender equality in the labor market is a phenomenon which continually acquires increased significance, as in the European Union, so in the Republic of Macedonia. Gender equality in Republic of Macedonia is legally guaranteed by the Constitution, since 1991 and it is considered a fundamental human right and one of the most important goals and priorities of the state. Gender integration and the balanced participation of men and women on the market of labor represent a crucial indicator of the future effects and initiatives of policies intended to improve social existence. At the same time, the employment as an individual element of the economic system in Macedonia is characterized by a greatly inconvenient gender structure due to the instable socio-economic environment in the country and the discrepancies of the available and the demanded profiles in the labor market. The purpose of this paper is to make a particular observation and analysis of the momentary state of the labor market and the position of gender equality, as it also tends to give recommendations to decision makers about the direction of policies related to the labor market and other correlative policies. The idea is to give a contribution to easier access to the labor market, equal treatment of men and women, achieving a higher rate of employment, reducing unemployment and providing decent working conditions.

Gendered Citizenship in Italian Administrative Law: A Work in Progress Toward a New Public Ethics

The involvement of people of both genders in public life is connected with improvements in the quality of administrative action because it brings about greater pluralism of ideas and sensitivity to equal opportunities. The transposition into public law of the idea of gendered citizenship would be useful as an ideal foundation for rules regarding equal treatment of men and women. Specific aspects of existing legal instruments in Italy are analyzed, along with the implications of current best practices. This analysis of the elements that compose the legal paradigm of gender citizenship offers relevant outcomes for the future action of legislators and policymakers, in Europe and around the globe.

Debuking patriarchal legacy in african traditional setting: A reading of Efo Kodjo Mawugbe’s In the Chest of a Woman

This article investigates the critical views of Efo Kodjo Mawugbe on some African traditional customs which deny identity and welfare to women and his literary endeavor to unravel the patriarchal legacy in his In the Chest of a Woman. It examines the dictates of patriarchy that militate against females’ emancipation and lay a foundation for their marginalization and oppression. It attempts to read Mawugbe’s call for gender balance and equal treatment for men and women in modern society. Two sexist practices are targeted: the denial of inheritance rights to female children and the capital punishment of those who go against tradition by becoming pregnant out of customary wedlock. The study asserts that if modern African society should experience a participatory socio-economic development it is urgent to end sexism and gender oppression in families and society, and to give men and women equal opportunities to emerge as fulfilled free beings.

Equal treatment or equal opportunity? Male attitudes towards women in the Norwegian and US armed forces

This article examines men’s attitudes towards women in the Norwegian and US armed forces. The military is one of society’s most gendered institutions, and this study investigates how men in the armed forces feel about serving alongside women. Building on interviews with 34 men in the Norwegian and US air forces, the article finds that men in both countries have a positive attitude towards female service members, and that the majority prefer to serve in gender-mixed units. When discussing their attitudes on more concrete topics, however, the participants employed two different concepts of equality. The Norwegian men argued for the importance of equal treatment of men and women, while the American men thought it was more important to create equal opportunities for women in the armed forces. These different understandings are embedded in the two national cultures, which provide the men with the different cultural resources they relied on to frame their opinions.

Expanding the suite of measures of gender-based discrimination: gender differences in ablution facilities in South Africa

International treaties, national legislation and local by-laws all advocate the equal treatment of men and women, but claims of gender-based discrimination continue. Indicators of discrimination against women, including employment ratios and differences in income, show that there have been considerable gains in the recent past. These measures are, however, often biased. In this study a different, specific and concrete method of describing and detecting discrimination is presented, namely the difference in the number of ablution facilities provided for each gender group in public spaces. Ablution facilities at airports, train stations and shopping centres in four major South African cities (N=128) were inspected. Medium to large differences in the respective number of facilities were found (eta2 .05 to .13), with women receiving fewer service facilities than men. These results suggest that, despite progressive legislation and vigorous affirmative action in South Africa, local women are still being discriminated against on a very concrete, visible level. The effectiveness of the measurement tool is also discussed.

Problems of interpretation by the European Court of Justice of community legislation on equal treatment for men and women

Writing as a practitioner of the interpretation of Community law, the author provides an illustration, through concrete examples, of how the European Court of Justice proceeds on the basis of provisions dealing with equal treatment for men and women, and of the types of difficulties encountered in this process. Article by Judge Jean-Pierre Puissochet, Counsellor of State, Judge of the European Court of Justice. Taken from a paper given at a Statute Law Society Conference held at Jean Moulin University, Lyon, on 12 and 13 May 2000. Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

Damages in German Labor Law – Amending the AGG

The European legislature has enacted European anti-discrimination laws (Race Equality Directive - 2000/43/EC, Employment Equality Directive - 2000/78/EC, Directives on equal treatment for men and women - 2002/73/EC) with the task of all member states of converting them into national laws. The German legislature has decided to enact in the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz - abbreviated AGG) by means of civil law with damage-compensation and compensation for non-economic-loss. The focus of this work at hand is to assess whether the existing form of the AGG is efficient from the perspective of law and economics. Firstly, we will assess the legality of damage-compensation and compensation for non-economic-loss as well as the role of the legislator and legal application. Secondly, we will analyse the perspective of Law and economics in examining civil law sanctions such as efficient alternatives for amending the AGG.

Damages in German Labor Law – Amending the AGG

The European legislature has enacted European anti-discrimination laws (Race Equality Directive – 2000/43/EC, Employment Equality Directive – 2000/78/EC, Directives on equal treatment for men and women – 2002/73/EC) with the task of all member states of converting them into national laws. The German legislature has decided to enact in the General Act on Equal Treatment ( Allgemeines Gleichbehandlungsgesetz – abbreviated AGG) by means of civil law with damage-compensation and compensation for non-economic-loss. The focus of this work at hand is to assess whether the existing form of the AGG is efficient from the perspective of law and economics. Firstly, we will assess the legality of damage-compensation and compensation for non-economic-loss as well as the role of the legislator and legal application. Secondly, we will analyse the perspective of Law and economics in examining civil law sanctions such as efficient alternatives for amending the AGG.

Damages in German Labor Law – Amending the AGG

The European legislator has enacted European anti-discrimination laws (Race Equality Directive, Employment Equality Directive, Directives on equal treatment for men and women) with the task to all member states to convert them into national laws. The German legislator has decided to enact in the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz – abbreviated AGG) by means of civil law with damage-compensation and compensation for non-economic-loss. The focus of the work at hand is an examination, if the existing form of the AGG is efficient under the view of law and economics and which way can lead to an efficiency increase of the AGG.

The European Union 2002 Directive on Sexual Harassment: A Feminist Success?

The European integration process has provided both challenges and opportunities for domestic women's movements. The European Union (EU) Directive on equal treatment of men and women of 2002 is the outcome of the lobbying efforts of an emerging European transnational advocacy network on gender. The binding Directive for the first time prohibits sexual and gender harassment. It calls on member states to better protect the rights of victims of sexual harassment and to ensure the integrity, dignity and equality of women and men at work. This paper examines the potential of the Directive to effect significant changes in the EU member states, in particular, to improve victims’ rights in member-state laws. The argument is that the 2002 Directive is the outcome of a political compromise among the member states, on which feminist discourses did have some bearing. On the one hand, the 2002 Directive can be interpreted as a success of feminist activism, in particular, in the very definition, linking the problem to sex discrimination. On the other hand, it does not go as far as feminists had hoped; for example, the EU has left member states to deal with the most difficult aspects of the problem: prevention, implementation and enforcement of the laws.

Gender wage gaps and job mobility in Spain

Equal treatment for men and women is an important objective of labour policy in the European Union, largely because there is ample evidence of gender discrimination in the wages of men and women, which are on an average higher for male workers. Research on male‐female wage differentials provides evidence of a substantial wage differential favouring men after adjusting for human capital and personal characteristics such as education, age, job tenure, and labour force intermittency. However, few studies take into account the role that job mobility plays in this differential, despite its demonstrated importance in explaining the earnings profile of workers. This paper estimates gender wage differentials for workers who switch jobs and those who keep them in order to see whether job mobility enlarges or reduces the gender gap. The study uses microdata relative to Spanish workers gathered from the Households Panel Study (1994‐1997), conducted by the Spanish National Statistics Institute.

The New Equal Treatment Directive: Plus Ça Change …: Comment on Directive 2002/73/EC of 23 September 2002 Amending Council Directive 76/207/EEC on the Implementation of the Principle of Equal Treatment for Men and Women as Regards Access to Employment, Vocational Training and Promotion, and Working Conditions

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and (sexual) harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects the spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court.

Compulsory Military Service and Equal Treatment of Men and Women – Recent Decisions of the Federal Constitutional Court and the European Court of Justice (Alexander Dory v. Germany)

The European Court of Justice (ECJ) decided, in the caseTanja Kreil v. Germany,that Council Directive 76/207/EEC of 9 February 1976 (equal treatment directive) precludes the application of national provisions, such as those of German law, which impose a general exclusion of women from military posts involving the use of arms. The ECJ found that such policies violated the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. Since this ruling both theBundesverfassungsgericht(BVerfG – Federal Constitutional Court) and the ECJ have had to confront the question whether the German system of compulsory military service for men is compatible with Article 3.2 and 3.3 of theGrundgesetz(GG – German Basic Law) and the equal treatment directive.