Gender Equality Law Research Articles

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.

El delito silencioso contra las mujeres en la pareja

Del debate internacional surgen dos hipótesis sobre el origen del maltrato a la mujer en la pareja :1)la "benigna", que considera que éste siempre ha existido e incluso en mayor medida, y la diferencia es que actualmente las mujeres se muestran más dispuestas a denunciar y 2)la de la "escalada" subraya que el cambio de rol social de las mujeres y su proceso de empoderamiento incrementa la violencia masculina, por las dificultades de ciertos varones para adaptarse y tratar a sus compañeras de igual a igual, renunciando a sus ancestrales privilegios de género, y por tanto, al dominio y control sobre la vida de ellas. Probablemente ambas hipótesis son ciertas y conocer los datos es importante, pero lo urgente entre otras medidas, es educar a hombres y mujeres, niños y niñas,sobre Derechos Humanos y leyes sobre la Igualdad de Género y publicitar las Instituciones que protegen a las mujeres para tener acceso a una vida libre de violencia.

An Assessment of the Role of Women Group in Women Political Participation, and Economic Development in Nigeria.

The exclusion of women in politics has been identified in recent times as one of the major setbacks for economic development. Women's groups are a strong pillar for grassroots politics; and a drive for more women participating in politics at the grassroots still faces a lot of challenges, making it difficult for them to harness available opportunities for economic development. Thus, the opportunity therein for more women's participation in politics and women empowerment is yet to be exploited by the women's groups in Nigeria. This present study assesses the role of women's groups in politics, identifies their challenges and also explores its implication for economic development in Osun state, Nigeria. The study was carried out using primary data from forums and dialogues within women's groups, consisting of an average of thirty (30) members from ten (10) local government areas (LGAs) in Osun state, Nigeria. In addition, explorative methods using existing literature were also employed. Findings from the study indicate that women's groups do not have political agenda; mostly, their goals do not align with any political agenda, although their members accept appointments, and also enjoy government patronage. There was also an indication that there exists a high illiteracy rate among the members of the women's groups and most of them are not aware of existing National or International gender equality laws or affirmative action. Thus, it is difficult to participate in politics and contribute their voices to political issues. The study concludes that the present role played by women's groups at the grassroots level may not be adequate in encouraging more women's participation in politics and in influencing economic development. Thus, there is need to step up their activities and embrace political issues if they are to help more women participate and be relevant in politics. The study therefore suggests that more empowerment programs, especially in the area of decision making and participation in politics, should be targeted at women's groups at the grassroots levels by the governments and all stakeholders as a matter of priority.

The Global Rise of Female Entrepreneurship: Introducing the Self- Elevation Hypothesis

Female entrepreneurs are fast increasing in number, and economic and social importance. In addition to their impressive rate of growth in the United States over the last few decades, their growth has been noted in many countries, particularly in Australia, Britain, Denmark, The Netherlands, France, Iceland, Sweden, Finland, and Norway, according to the Global Entrepreneurship and Development Institute (GEDI). This trend is likely to continue, and even to accelerate, with changes in societal attitudes and old stereotypes as well as with the improvement in female education, and women’s rights and gender equality laws. The purpose of this paper is to: (1) provide an overview of the growth and current state of female entrepreneurship, (2) survey the relevant literature, and (3) introduce the “self-Elevation” hypothesis that points to the inner needs that propel some women to attempt to raise their status by establishing new businesses. We propose this hypothesis in the hope that it would be a subject of future scholarly research and debate. It is important to add that, for this study, we define “self-elevation” as the individual’s inner drive to move or contribute to the movement from an undesirable state of affair to a more desirable one, like a better financial standing, and a more prosperous community.

Gender Dimension of Migrations Influenced by Genocide and Feminicides around the Globe

Gender dimension of migration analyzes the intersection in between the world statistics on male and female migrations, around the world, involving the questions of youth migrations. Comparative analyses of world migration statistics as methodology offer the insight into the position of women in labor market around world. There are different forms of youth debris in contemporary world. The main problems are illegal migration, feminization of poverty, kidnapping the girls in Nigeria, femicides in Juarez and Mexico. Due to the war consequences and genocide, in Bosnia and Herzegovina, large migration towards the America, resulted in new identity, American Bosnians. Illegal migrations involve forced labor, rape and prostitution. Transgender youth share ideas through the online media (anti-bullying videos) and develop their own styles such as anarcho-punk, rave, or rock. Therefore, the stronger gender equality laws and laws for protection of women on work should be enforced.

The Spanish Equality Law and the Gender Balance in the Evaluation Committees: An Opportunity for Women’s Promotion in Higher Education

Despite advances in gender policy and equality laws in the twenty-first century, women are still a minority in the full professor category in Europe. Some measures establish gender quotas to balance gatekeeper positions, which will supposedly pave the way to make women’s integration into senior higher education positions easier. In Spain, Organic Act 3/20071 of 22 March on effective equality between women and men launched progressive norms governing gender issues, and the Spanish Science and Technology Act (2011) incorporated measures to promote effective equality in academic institutions. This paper evaluates how Spanish evaluation agencies’ compliance with implementing gender balance has affected the composition of evaluation committees and its impact on the advancement of women in science. Findings reveal some positive figures on women’s representation in recent decades, even though gender-balanced committees do not show any clear evidence of causing this effect. There seems to be no correlation between gender-balanced committees and women’s success rates, suggesting intermediate variables affect women’s low participation in competitive submissions. It explores several factors concerning two agencies’ evaluation procedures, such as formality and transparency, direct/multiple gatekeeping processes, the influence of epistemic cultures, cohorts and confidence of female candidates.

Platform Work, Algorithmic Decision-Making, and EU Gender Equality Law

Much of the literature produced in recent years has tried to systematize the various forms of platform work while considering how to (re)classify those working through digital platforms. While this contributes to our understanding of the nature of work in the digital economy and the extent to which current labour law is problematic for some platform workers, the gender dimension and implications, especially the growing concern about discrimination between men and women in the digital economy, appear to have received little attention so far. A recent study showed that some female platform workers receive lower pay than their male counterparts. As some online platforms use algorithms to determine pay levels, the key question addressed here is to the extent to which current EU gender equality law, and the principle of equal pay for women and men in particular, is adequate for protecting platform workers in a situation where work-related decisions are not taken by a human being but by an algorithm that is the potential source of discrimination. To understand how regulation should be ‘calibrated’ in cases where algorithms result in discrimination, the theory of classification bias can be helpful. It is assumed that the reason for providing protection based on the equal pay principle to a specific group of employees is not compelling enough to exclude platform workers who are classified as self-employed. This article starts with a brief examination of the challenges of working in the digital economy and then goes on to analyse the role of algorithms and their potential to discriminate based on gender. It is argued that the theory of classification bias could be used to address discriminatory algorithmic decision-making. The theory is then applied to the EU’s principle of equal pay for women and men, suggesting some improvements in relation to platform work.

The Greek Divorce Law Reform of 1983 and Its Impact on Homemakers: A Social and Economic Analysis

In 1983, Greek Family Law was radically amended on the basis of gender equality and divorce law was liberalized, with the introduction of no-fault divorce and divorce by mutual consent. We aim to assess the potentially wide-ranging effects of the new divorce law on the social and economic status of homemakers in traditional, long-duration marriages. We reviewed a sample of 500 reported judicial decisions on maintenance and postdivorce distribution of marital property, finding that the new gender-neutral statutes on maintenance fail to protect the interests of homemakers after divorce. We identify judicial attitudes that misconstrue formal gender equality for substantive equality as a determining factor for such negative outcomes. We propose a new reliance-based model for Greek alimony law and illustrate that reliance is the most effective legal formula for acknowledging the nonpecuniary contributions of homemakers. Our research further demonstrates that homemakers are disadvantaged by the postdivorce distribution of marital property. We identified a number of problems that seriously compromise a homemaker's chances of receiving a fair share of marital acquests. The most prominent among them is that Greek courts do not apply clear-cut standards in evaluating a homemaker's domestic services, thus attaching a low value to their contributions within marriage. Yet another problem is that intangible assets (like the husband's postdivorce income and his pension benefits) are not designated as divisible marital property. We conclude by arguing that the reform was overall socially effective; however, it had an unintended negative impact on divorced homemakers. First, because the legislators did not include any special provisions on homemakers. Second, because judges have generally interpreted the new statutes as if men and women are always equal on divorce, and further, as if all women are similarly situated. To remedy these after-effects, we make specific proposals for future amendments. The central idea underlying these proposals is that divorce should be made more difficult for married couples with children. Lastly, we consider a number of measures that Greek policymakers can adopt in view of protecting divorced women and their children, while at the same promoting the social value of intact families. [This is an unpublished doctoral thesis submitted to the University of Chicago and supervised by Prof. Gary S. Becker, Judge Richard A. Posner and Prof. Mary A. Becker]

Dvostruka uloga žena u suvremenoj obitelji: stavovi studenata Sveučilišta u Zadru

Obitelj je oduvijek bila u interakciji s društvenim, gospodarskim, kulturnim i drugim povijesnim tekovinama. U posljednjih 50 godina dolazi do povećanja broja žena na tržištu rada, a dvohraniteljske obitelji postaju normativ u razvijenim zemljama. Ipak, velik broj žena iz takvih obitelji ima poteškoća u usklađivanju poslovnog i obiteljskog života, posebno što se tiče skrbi za djecu, što upućuje na dvostruku ulogu žena u suvremenoj obitelji. Dakle, status žene se u društvu promijenio, no njezina uloga u obitelji, briga o djeci i teret kućanskih poslova ostaju isti kao u prošlosti kad je žena bila vezana za kuću. Cilj ovog istraživanja bio je ispitati stavove studenata Sveučilišta u Zadru prema dvostrukoj ulozi žena u obitelji u Hrvatskoj, odnosno prema položaju žene na tržištu rada i njezinim obiteljskim obvezama te utvrditi u kojoj mjeri ocjenjuju ponuđene mjere pomoći ženama u usklađivanju poslovnih i obiteljskih obveza te poboljšanja njihovog položaja u društvu efikasnima. U istraživanju je korišten prigodan uzorak od 181 ispitanika, od kojeg 91 čine žene, a 90 muškarci. Studenti općenito pokazuju umjereno egalitaran stav prema ovom problemu, a kao što je i pretpostavljeno, dobivene su razlike u stavovima, u smjeru da žene, kojima je majka stalno zaposlena te ispitanici kojima je majka obrazovanija, s jedne strane, izražavaju egalitarnije stavove od muškaraca, kojima je majka domaćica te niže obrazovana, s druge strane. Razlika se najviše očituje u vidu usklađivanja obiteljske i poslovne uloge žene te utjecaja ženine zaposlenosti na dijete. Također, analizom rezultata dobiven je podatak da ispitanici/e koji pokazuju veću osjetljivost prema pitanju dvostruke uloge žene u obitelji, kao korijen problema vide u zakonu i društvenim vrijednostima, dok rješenje za pomirenje obiteljske i profesionalne uloge žene i poboljšanja njezinog položaja u društvu vide u dosljednom primjenjivanju zakona, obrazovanju te promjeni svijesti o ravnopravnosti spolova.

Right to gender equality and muslim laws of divorce (talaq-ul-bidaat);-A critical study

In the pre-Islam Arabia, the laws relating to marriage and divorce were discriminatory against the women and in favour of males. There were of different kinds of Marriages and divorce was very simple, easy, and discriminatory against the Woman. With absolute rights vested in favour of men without any checks that result in to men denying the women their basic rights. Women were treated as chattels in man dominating society, and they were not given any right of marriage, inheritance, divorce and were dependent on man. Prophet Mohammad brought a complete change in the position of women. He placed woman on a position and footing of equality with men in the society. ‘Nikah’ (marriage) literally means ‘to tie up together’. It was considered as a matrimonial contract as well as a sacramental institution that gives the women a prestigious status in the society. Object of Nikah was to ensure stability in a married life.

Gender inequality and violence against women in Spain, 2006-2014: towards a civilized society

ObjectiveConsidering both the economic crisis of 2008 and the Gender Equality Law (2007), this study analyses the association between gender inequality in Spanish Autonomous Communities (AC) and intimate partner violence (IPV) from 2006 to 2014 in terms of socio-demographic characteristics. MethodsEcological study in the 17 Spanish AC on the correlation between the reported cases by IPV and deaths and the Gender Inequality Index and its dimensions: empowerment, participation in the labour market and adolescent birth rates; and their correlation with Young People Not in Education, Employment or Training (NEET). ResultsIn 2006, IPV mortality rates were higher in autonomous communities with greater gender inequality than AC with more equality (4.1 vs. 2.5×106 women >14 years), as were reporting rates of IPV (OR=1.49; 95% CI: 1.47-1.50). In 2014, the IPV mortality rates in AC with greater gender inequality fell to just below the mortality rates in AC with more gender equality (2.5 vs. 2.7×106 women >14 years). Rates of IPV reports also decreased (OR=1.22; 95% CI: 1.20-1.23). Adolescent birth rates were most associated with IPV reports, which were also associated with the burden of NEET by AC (ρ2006=0.494, ρ2014=0.615). ConclusionGender-sensitive policies may serve as a platform for reduced mortality and reports of IPV in Spain, particularly in AC with more gender inequality. A reduction of NEET may reduce adolescent birth rates and in turn IPV rates.

Gender Segregation in Employment in Bosnian and Herzegovinian Labor Market

This paper analyses employment segregated market, as method of discrimination that is rather common and present in Bosnia and Herzegovina’s (B&H) labor market. Data on B&H’s labor market were gathered, and examined by using a Mann Whitney test. Since this nonparametric test does not depend on normality of data, it was a best fitting test, for two independent populations, male and female population. Results of our analysis on analysis of person in employment by group of economics activities, shown that in B&H more men are employed than women, and women appear to be more economically inactive in all three groups of sections of economics activities that are selected for the analysis namely agriculture, industry and service sector. In order to resolve this problem several recommendations were given among which primary research on education attainment and employment opportunities should be conducted on the country level. It is needed to insure that gender equality law and gender action plan will be fully and equally implemented across the country, at all levels and entities.

EU Equality Law and Precarious Work

The late 1990s/early 2000s were a period of dynamism within EU Law that saw the adoption of the Racial Equality and Employment Equality Directives, as well as the enhancement of existing Directives on gender equality. In the same period, EU Labour Law witnessed the emergence of a new body of legislation governing non-standard forms of work, notably the 1997 Part-Time Work Directive and the 1999 Fixed-Term Work Directive. These were later joined, with some delay, by the 2008 Agency Work Directive. From the outset, it was clear that there were connections between these branches of EU Law: notably, there was already considerable case-law tackling the conditions of part-time work via indirect sex discrimination. Yet the two bodies of law were generally treated as conceptually distinct. This paper explores developments since 2000 to consider how EU Equality Directives interact with the legislation on non-standard forms of work. It examines whether the combination of both enhances legal protection in a harmonious and complementary fashion, or whether their internal differences lead to divergence in the manner in which each is interpreted and applied. To this end, the paper will concentrate on two examples. First, it will look at EU gender equality law. This already provided protection for (some) part-time workers, so it is relevant to scrutinise the impact of adding an alternative legal remedy in the form of the Part-Time Work Directive. Secondly, it considers the provisions on age discrimination within the Employment Equality Directive. A variety of cases have exposed how both younger and older workers can experience precarity in the labour market. For example, national law might afford employers more flexibility in the use of fixed-term contracts for those who work beyond the normal retirement age. This exposes the interrelationship of age discrimination provisions and the standards found in the Fixed-Term Work Directive. In conclusion, the paper aims to clarify the connections between these branches of EU Labour Law and to reflect critically on the way in which they are combined within the case-law of the CJEU. Given the salient debate around the perceived spread of precarious work in the wake of the economic crisis, the regulatory role played by EU Equality Law in this area warrants further scrutiny.

Transforming the European Legal Order: The European Court of Justice at 60+

The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminary reference procedure as an important element of that transformation, and then considers the extent to which the ECJ continues to act in ways which are transformational even though the legal order itself has remained relatively static. The EU citizenship jurisprudence serves as a useful example of how integration is driven forward by the Court. This article argues that the Court’s decisions do continue to have significant impact on areas of law and policy and EU governance generally. It illustrates this argument using gender equality law and Human Rights as pertinent examples and concludes that the ECJ remains relevant in governance terms as it continues to drive forward EU integration in many areas and influence the development of law and policy across the Member States.

Judicial deconstruction of customary law for gender equality: Some thoughts on selected case law

abstractWith the Traditional Courts Bill (TCB) in the news over the past few months and confirmation of its return to Parliament before the end of this year, the question as to whether customary law poses an obstacle to achieving substantive equality for women in South Africa has been brought once again to the fore. The reinvention and bolstering of customary law in the case of the TCB has ensured support for the Zuma government in the rural areas, but it comes at the cost of its commitment to women’s equality rights. So where do we go when gender inequality is written into legislation under the guise of protecting customary rights? South Africa embodies a tension between the universal rights enshrined in the Bill of Rights1 and the protection of a plural society characterised by its cultural diversity and identity. But gender equality and customary law do not need to be inherently in opposition. Innovative interpretations of customary law can accommodate both cultural diversity and gender equality. This article provides a critical case study of two significant court judgments, the Bhe2 Sisters and Shilubana3, which among others, are examples of where the deconstruction of customary law practices has enabled the law to evolve, and for its citizens and communities to contribute to its development, reflecting the ‘living tradition’ of such law. These cases can be seen as catalysts for a more comprehensive process of deconstruction, providing a starting point for exploring how gender equality can in fact become part of an evolving social and legal culture, compatible with the values in the Bill of Rights.

(Scientific Approach in the Discussion About the Importance of the Gender Studies and the Gender Legislation for Russia)

Russian Abstract: Вопрос о значении для России решения проблемы гендерного неравенства является дискуссионным. Это связано с тем, что в стране есть социальные группы, которые считают, что использование опыта европейских стран по проведению политики гендерного равенства приведет к разрушению традиционных ценностей и культурного кода страны. Данная точка зрения отражена в статье «Гендерные стратегии «мягкой силы» НПО как инструмент переформатирования культурного года общества и государства в России». Не все согласны с выводами, к которым приходят ее авторы, поэтому и появилась данная статья, в которой обсуждается степень научной обоснованности подобных суждений, а также слабые места в аргументации авторов.English Abstract: The question of importance of solving the problem of the gender inequality for Russia is controversial in national science today. This related to the fact that there are social groups in the country, who believe that the usage of the experience of European countries in the implementation of the gender equality policy will lead to the destruction of the traditional values and cultural code of the country. This point of view is reflected in the article Gender soft power strategy of NGO as a tool of reformatting the cultural code of society and state in The authors discuss the activity of NGO, which have status as a foreign agent, and their researches of the gender issues in Russia. Not all scientists agree with the conclusions of these authors. As a result this paper was written. The degree of scientific validity of such conclusions is discussed in it. In order to show the weak points of the argumentation of her opponents the author argues the following statements: 1.There are many examples of violation of the women rights in Russia. Some of Russian gender issues are presented in this article too. Therefore, the gender legislation is necessary. And it is not only related with the protection of the rights of sexual minorities. 2. Adoption of the gender equality law is the duty of the State, which have signed the Convention on the Elimination of Discrimination Against Women (CEDAW). 3. Involvement of the church institution into conduction of social policy, including the family policy, it may destroy the concept of the separation of church and state. 4. Underestimation of the importance of solutions of gender issues for social development caused by the gender incompetence of the decision-makers and ordinary citizens.

Women's experiences of gender equality laws in rural Rwanda: the case of Kamonyi District

This article analyses how women in the rural district of Kamonyi experience gender equality laws and policies in their everyday lives. Traditional Rwandan society had a patriarchal social structure that accepted unequal power relations between men and women. The 2003 new constitution, adopted after the 1994 Tutsi genocide, recognizes the importance of gender equality and includes specific legal provisions to ensure women's equal protection under the law. Drawing on focus group discussions with women in Kamonyi, it emerges that women's experiences are mixed with regard to the new laws: they enjoy the right of access to family assets, inheritance, and work opportunities; yet they also experience a “gender dilemma” of whether to exercise rights enshrined in the constitution even though that may lead to marital difficulties in their households.

Gender Equality and Labour Law: Protecting Working Mothers, Girls and Female Persons with Disabilities in Tanzania

Gender Equality and Labour Law: Protecting Working Mothers, Girls and Female Persons with Disabilities in Tanzania

Gender Equality & Work: Are We There Yet?

Gender is a social construct that outlines the roles, behaviors, activities and features that a particular society believes are appropriate for men and women. Gender equality is necessary in order to ensure a fair and productive labor market. Even though, Bosnia and Herzegovina has established legal framework including gender equality laws, women are still facing barriers to participation in the labor market. This research paper will indicate what are the main challenges behind the low participation of women in the labor market. It will provide information on gender differences; the main challenges, and also emphasize gender stereotypes which are contributing the gendered division in labor market.

Social Norms and Firms' Discriminatory Pay-Setting

This study analyzes the relationship between discriminatory social attitudes and the variation of within-firm pay gaps by combining data on regional votes on gender equality laws with a data set of multi-establishments firms and their workers. The data set allows us for the first time to study gender pay gaps within the same firm across establishments located in regions with varying discriminatory social attitudes. Our results show that firms have larger pay gaps in regions with stronger discriminatory social attitudes. This result remains robust when we account for detailed worker and job characteristics and prevails for different subsamples. Thus we show that a relationship between discriminatory social attitudes and gender pay gaps prevails even after accounting for the sorting of women and men into different firms and occupations.