Women's Economic Rights Research Articles

Implementasi Pendekatan Jurimetri dalam Penyelesaian Sengketa Hak-Hak Perempuan dalam Putusan Cerai Talak

The divorce gives rise to rights and obligations, especially women's economic rights after divorce, namely iddah, mut'ah and madhiyah livelihood. Judges in determining the amount of alimony still vary and there are no standard rules and methods so that judges can guide them in determining the value of alimony for wives as a result of divorce which reflects propriety and justice. The author will put forward the idea of ​​the jurimetric method as a mathematical analysis method related to determining the amount of iddah, mut'ah and madhiyah maintenance for wives after divorce. The aim of the research is to analyze the application of the jurimetric approach in resolving disputes over women's rights in divorce decisions for talak at the Gedong Tataan Religious Court and the Sukadana Religious Court and to analyze the perspective of maslahah al mursalah and the theory of justice towards the implementation of the jurimetric approach as a method for determining the amount of women's rights in decisions divorce. This research is normative legal or normative juridical research which is descriptive analytical in nature. The application of jurimetry in determining the amount of women's rights in divorce and divorce decisions regarding 'iddah, mut'ah and madhiyah income, is carried out by collecting empirical data which is then expressed in variables. Jurimetry is a tool to interpret norms for the sake of realizing justice. By applying a jurimetric approach in determining the amount of 'iddah, mut'ah and madhiyah income, it has fulfilled procedural justice and distributive justice and fulfilled maslahah al-mursalah.

A Legal Evaluation of The Problems Limiting The Realization of Women's Economic Rights in Cameroon

A Legal Evaluation of The Problems Limiting The Realization of Women's Economic Rights in Cameroon

Natural disasters, foreign direct investment, and women's rights in developing countries

We examine the conditions under which women's economic and political status is less vulnerable in the aftermath of natural disasters. We theorize that women in natural disaster-hit countries that receive higher levels of foreign direct investment (FDI) are less susceptible to the gendered impacts of those disasters. Since FDI is vital to post-disaster economic recovery, countries grappling with natural disasters are motivated to uphold women's rights as a strategy to attract FDI. Furthermore, multinational corporations (MNCs)’ operation and commitment to gender equality-based values and practices are also an impetus to address the deterioration in respect for women's rights. By conducting a time-series cross-sectional, ordered logistic analysis with random effects and using a comprehensive dataset on natural disasters and women's rights, including 107 developing countries from 1990 to 2011, we find that FDI mitigates natural disasters' adverse effects on women's economic rights but not their political rights.

What are the causal conditions that lead to high or low environmental performance? A worldwide assessment

This study focuses on causal conditions that lead to high or low environmental performance (EPI) using fuzzy-set qualitative comparative analysis for 156 countries in 2018. Data for the EPI, economic growth, labor share of GDP, political freedom, the role of women, press freedom, corruption, and urbanization were used. Research findings allow us to conclude that no individual causal condition meets the necessary condition (thresholds) for high or low EPI. Five sufficient configurations for high EPI were found: (i) high GDP per capita is sufficient for high EPI; (ii) highly urbanized countries where corruption is absent; (iii) urbanized countries that protect individual rights and liberties and women's economic opportunities; (iv) high labor share of GDP coupled with the protection of individual freedom and women's economic rights; and (v) countries with high individual and press freedom where corruption is absent. Four sufficient configurations for low EPI were found: (vi) lack of protection of women's economic rights; (vii) lack of press freedom; (viii) low GDP per capita and high corruption rates, and urbanization as a peripheral condition; and (ix) low GDP per capita and high corruption rates and labor as a peripheral condition. Policymakers must acknowledge that there are many paths to improve environmental performance, contingent on the country's initial environmental development level.

Gender, Economy, and the Law: Women Entrepreneurs in Indonesian and Islamic Legal Perspectives

The relationship between women, the economy, and state law in Muslim countries has generated intense debate about whether such laws have promoted or inversely impeded women's rights and gender equality. This study aims to assess women's economic rights, especially in entrepreneurship, in Indonesia from the state and Islamic legal perspectives. It is qualitative research with the juridical and sociological legal approach by analyzing the dimensions of report on entrepreneurship in Women, Business, and the Law 2023 achieved by Indonesia, Law state-related, and Islamic Law. It finds that Indonesia has promoted women's economic rights, including entrepreneurship, in the state law, despite some room for improvement. Women have the same rights to business licenses, enter into contracts or agreements, and open bank accounts, despite a lack of affirmative actions for access to credits for women entrepreneurs. As the biggest Muslim country in the world, Islamic law has influenced such state law. Islam has granted women the right to be self-employed, despite some cultural barriers to achieving gender equality. The government is expected to promote women's economic rights, including the ones on entrepreneurship, and needs to overturn the prevailing gender norms that assign women multiple burdens.

Disasters and the diminishing of women's economic empowerment.

This paper examines, both theoretically and empirically, the relationship between rapid-onset disasters and women's economic freedom. Rapid-onset disasters create difficulties for all involved, but without proper discussion of and changes to women's economic status in society, they will continue to suffer disproportionately. The study answers the following question: 'how do disasters impact women's economic empowerment?'. It argues that there are underlying factors contributing to unequal economic opportunities that are exacerbated by disasters. Current literature discusses how disasters affect women's economic and political rights, but often it does not account for variables that may not have been captured in contemporary indices. The paper assesses women's burden of care, restrictions on mobility, formal economic employment, and access to recovery resources with respect to their economic empowerment. And it analyses 180 countries and territories that experienced disasters between 1981 and 2019 to uncover their effects on women's economic freedom. This research could facilitate and help to alter the overall narrative on women's empowerment.

Economic development through women’s economic rights: a panel data analysis

Increasing gender equality and enhancing women empowerment through work opportunities are the important steps in achieving sustainable development. The aim of this paper is threefold: (1) to empirically examine the relationship between women economic rights and economic growth for the global sample. (2) To explore whether the effect of women’s economic rights is different across different economies. (3) This paper uses spatial econometric techniques to examine the impact of women’s economic rights on neighbouring countries. For empirical purpose, we use the data for 171 countries over the period 1960–2016. The results show that women’s economic rights positively affect growth; however, the effect is heterogeneous across different economies. From spatial analysis, we confirm that 75% spillover effect of women economic rights is passing through neighbouring country. The results of this study are consistent and coherent with the EU policy about women’s economic empowerment where it claims that joint effort in promoting women empowerment by all actors could lead to sustainable development and growth.

Financial Rights of Women According to Islamic Law

Bütün insanlar doğuştan eşit, suçlardan beri ve bazı haklarla mücehhez olarak doğar. Haklara sahip olma ve haklardan yararlanma noktasında ırkın, cinsiyetin, sosyal statünün, soyun herhangi bir etkisi yoktur. Bazı biyolojik yetersizliklerin ve ehliyet arızalarının bulunması durumu hariç, insanlar haklara sahip olma ve haklardan yararlanmada eşit konuma sahiptir. İslam hukukçularının genel teorine göre her insan zimmet diye isimlendirilen, hak sahibi olmasını sağlayan manevi bir kapla donatılmış olarak doğar. İnsan belli yaş dönemlerinden geçtikten sonra hakların farklı türlerine sahip olur. Zimmet ve ehliyet konusunda kadın ile erkek arasında herhangi bir fark yoktur. İslam hukukunda haklar ve hakları kullanma yetkisi, kişilerin cinsiyetine bakılmaksızın tamamen objektif kriterler çerçevesinde oluşmaktadır. İslâm hukukuna göre, hakları kullanma ehliyeti bakımından bütün insanlar eşittir. Bu sebepten dolayı kadın erkek fark etmeksizin her insan dilediği gibi malî haklara sahip olabilir. Öteden beri kadının sosyal statüsü, hukuki kişiliği, şahsi ve malî haklara sahip olup olmaması tartışmalara konu olmaktadır. Hatta denilebilir ki bu konudaki tartışmalar düşünce tarihiyle paralel bir seyir izlemiş; farklı dönemlerde kadının konumu farklı veçhelerden söz konusu edilmiştir. Batı dünyasında kadının şahsi ve malî hakları konusunda yoğun tartışmalar yaşanmış, kadının mülk sahibi olması, çalışma hayatına katılması uzun bir evreden geçtikten sonra mümkün olabilmiştir. İslam dünyasında ise bu konuda çok fazla bir tartışma ve yazılı birikimin olmadığı görülmüştür. Klasik fıkıh kitaplarında kadının hukuki kişiliğini ilgilendiren konuların ele alındığı müstakil bölümler mevcut değildir. Bu konuda yazılı bir birikimin olmaması, tartışmaların olmaması esasen bu konuda bir sorun yaşanmadığına işaret eder. Zira âyet ve hadislerde mülkiyet sahibi olma, ticaret yapma, çalışmak, mirasçı olma gibi konular hep genel ifadelerle geçer. Bunun yanı sıra hukuki kişiliğe, ehliyete, hak sahibi olmaya işaret eden dini metinlerde de kadın ve erkek arasında herhangi bir farka işaret edilmemiştir. Kadın tıpkı erkek gibi mirasçı olma, mesken edinme, ticaret yapma, mülk edinme, hukuki tasarrufta bulunma haklarına sahiptir. Kadın bu hususlarda serbest teşebbüs hakkına sahiptir; kimseden izin almak zorunda değildir. Bunun yanı sıra kadın erkekten farklı olarak nafaka, mehir gibi yalnızca kadınlara ait olan ve doğrudan kanundan kaynaklanan bazı malî haklara da sahiptir. Kadının sahip olduğu bu kabil haklar bizzat Allah tarafından güvence altına alınmıştır. Temel insan hakkı kapsamında bulunan bu haklar ihlal edilmez, başkasına devredilmez, tamamen iptal edilmez. Kadının ekonomik haklarını konu alan bu çalışmada öncelikle haklara sahip olma ve haklardan yararlanmada kadınla erkek arasında bir fark bulunmadığı, İslam dininin bu konuda geniş bir hürriyete ve hak doktrinine sahip olduğu konusu ele alınacaktır. Genel bir girişten sonra kadının en temel malî haklarından olan mehir, miras, nafaka gibi haklar değerlendirilecektir. Nafaka hakkı, evlilik ve iddet nafakası adı altında iki ana başlıkta değerlendirilecektir. Mesken hakkı fıkıh kitaplarında nafaka kapsamında değerlendirilmekle birlikte bu çalışmada müstakil olarak ele alınacaktır. Günümüzde de mesken hakkı bağımsız bir hak türü olarak ele alınmıştır. Bunlardan ayrı olarak günümüzde sıklıkla tartışılan kadının çalışma hakkı genel bir çerçevede değerlendirmeye tabi tutulacaktır. Bu konudaki rivâyetlere yer verilecek ve önerilerde bulunulacaktır.

Individualism and women's economic rights

Individualism is associated with an emphasis on personal liberty and self-determination, values that reduce support for patriarchal norms and increase gender equality. Here, we investigate whether individualism affects women's economics rights, a key institutional determinant of the economic opportunities available to women. We provide evidence of an economically and statistically significant association between individualism and the de facto level of women's economic rights. This result is robust to a variety of controls, including per capita income, women's educational attainment, oil production, historical determinants of patriarchal culture, and the quality of legal and political institutions. In addition, we present evidence that this association is causal, drawing on instruments motivated by roles of climate and disease in cultural evolution. Finally, we show that individualism's influence on women's economic rights is magnified in democratic and common law countries, suggesting that democracies and common law systems channel cultural preferences into legal outcomes.

ISLĀTTIL PEṆKAḶIṈ PORUḶĀTĀRA URIMAIKAḶ: ORU ILAKKIYA MĪḶĀYVU [ECONOMIC RIGHTS OF WOMEN IN ISLAM: A REVIEW OF LITERATURE

The discourse on economic rights of the woman is one of issues spoken today. Islam as code of the life expands in its all aspects, addresses genuine concern about economic rights of the woman. This paper aimed at examining the Islamic perspective on the women economic rights based on review of prevailing literatures and textual sources of Islam. Building a natural and balanced human society is primary mission of Islam through its divine guidance. Islam recognizes the natural abilities of both male and female and assigns their roles in a society. In Islamic social system both genders have their own and unique roles in human development in the meantime both have their rights. The Islamic perspective on economic rights of the woman is derived its basics from the interpretation of the Islamic textual sources primarily al-Qur’an and historical experience of model Islamic society in early Islamic period. The concepts of inheritance, mahr etc. in practice ensure the distribution of wealth to female proportion of the Muslim community and enable them to maintain and involve in the growth.

Individualism and Women's Economic Rights

Individualism and Women's Economic Rights

Women and Employment in Tunisia

Tunisia's legacy of “state feminism” and its strong civil society—including human rights, labor, and women's rights organizations—have placed Tunisian women in advance of their Arab sisters, and women are present across an array of professions and occupations. Still, most Tunisian women remain outside the labor force, face precarious forms of employment, or are unemployed. This article examines women's employment patterns, problems, and prospects in the light of an untoward economic environment, conservative social norms, and feminist advocacy. Drawing on interview and documentary data, and informed by feminist political economy and institutionalism, it highlights the importance of institutional supports for working mothers and improved work conditions to encourage more female economic participation and stronger labor-force attachment and thus to weaken patriarchal attitudes and values. The paper points to the need for both class-based and gender-based policies with respect to women's economic participation and rights.

State Human Rights Performance and Recommendations under the Universal Periodic Review

This paper analyzes recommendations made to states under the UN Human Rights Council (HRC) Universal Periodic Review (UPR) in order to determine whether or not the UPR is making meaningful recommendations to states under review. The UPR reviews the human rights of all UN Member States every four years. During the review, each state receives a number of recommendations from other UN member states. This paper uses data from UPR Info to determine if states with better human rights performance as measured by the CIRI human rights data project receive fewer recommendations than states with worse performance. It finds that, even when controlling for other factors, states with worse records on civil and political rights generally receive more recommendations than states with better records. States with lower scores from CIRI on women's economic and political rights receive more recommendations regarding women's issues than states with higher scores. These findings hold regardless of region, suggesting that, at a minimum, the UPR process is identifying violators of human rights .

Cross-country analysis of correlation between protection of women's economic and social rights, health improvement and sustainabledevelopment.

ObjectiveThe goal of this study is to assess the correlation between protection of women’s economic and social rights (WESR), health improvement and sustainable development.MethodsA cross-country analysis of 162 countries was employed to assess development, health and human rights of the countries by measuring associated variables. Data sets for the health, human rights and economic and social rights of these countries were from 2004 to 2010. The dependent variables are health and human development and the independent variables are the human rights variables. Regression analysis and principle axis factoring were used for extraction and varimax method for rotation. Country grouping was made using cluster analysis. Potential biases, resulting from measurement differences in human rights values, were eliminated by using z-transformation to standardise variables.ResultsRegression results reveal that WESR variable is correlated with the health outcomes. Cluster analysis separated the countries into three clusters, based on the WESR variable. Countries where WESR were ‘highly respected’ (44 countries) are categorised into cluster 1; countries where WESR were ‘moderately respected’ (51 countries) are categorised into cluster 2 and countries where WESR were ‘poorly respected’ (63 countries) are categorised into cluster 3. Countries were then compared in their respective clusters based on health and human development variables. It was found that the countries which ‘highly respected’ WESR had better average health values compared with the second and third clusters. Our findings demonstrate that countries with a strong women’s rights status ultimately had better health outcomes.ConclusionWESR status has correlation with the health and human development. When women’s rights are highly respected, the nation is more likely to have higher health averages and accelerated development.

CAN GREATER ATTENTION TO WOMEN'S RIGHTS HELP ADDRESS INCOME INEQUALITY?

We investigate the relationship between women's economic, social, and political rights with the level of income inequality. We use dynamic panel estimation to check our hypothesis that that strong rights for women translate into higher participation in economic productive activities, improve income and education and support for future generations, thus reducing the overall income inequality in the economy. We further look at how a country's overall economic performance and the status of women's education alter the relationship. The relationship is strengthened if countries are either in the higher‐income spectrum or have higher levels of female educational attainment. (JELO1, I00, H00)

Married Women's Economic Rights Reform in State Legislatures and Courts, 1839–1920

Beginning in 1839 and continuing through the early twentieth century, the American states passed laws expanding married women's economic rights, including the right to own property and sign contracts. In almost every state, these significant legal changes took place before women had the right to vote. I argue that married women's economic rights reform is best understood as a piecemeal, iterative process in which multiple state-level institutions interacted over time. This rights expansion often occurred as a by-product of male political actors pursuing issues largely unrelated to gender—such as debt relief and commercial development—combined with paternalistic views of women as needing protection from the state. State courts played a crucial role by making evident the contradictions inherent in vague and inconsistent legal reforms. Ultimately, male political actors liberalized married women's economic rights to the extent that they thought it was necessary to allow for the development of efficient and workable property rights in a commercial economy, leaving women's place in the economy partially but not fully liberalized.

Climate change and gender equality in developing states

It is commonly accepted that women can be more vulnerable than men to the adverse environmental effects of climate change. This paper evaluates whether the unequal distribution of costs women bear as a result of climate change are reflected across broader macro-social institutions to the detriment of gender equality and women's rights. It argues that gender disparities in climate change vulnerability not only reflect preexisting gender inequalities, they also reinforce them. Inequalities in the ownership and control of household assets and rising familial burdens due to male out-migration, declining food and water access, and increased disaster exposure can undermine women's ability to achieve economic independence, enhance human capital, and maintain health and wellbeing. Consequences for gender equality include reductions in intra-household bargaining power, as women become less capable of generating independent revenue. Outside the home, norms of gender discrimination and gender imbalances in socio-economic status should increase as women are less able to participate in formal labor markets, join civil society organizations, or collectively mobilize for political change. The outcome of these processes can reduce a society's level of gender equality by increasing constraints on the advancement of laws and norms that promote co-equal status. I empirically test this relationship across a sample of developing states between 1981 and 2010. The findings suggest that climate shocks and climatic disasters exert a broadly negative impact on gender equality, as deviations from long-term mean temperatures and increasing incidence of climatological and hydro-meteorological disasters are associated with declines in women's economic and social rights. These effects appear to be most salient in states that are relatively less-democratic, with greater dependence on agriculture, and lower levels of economic development.

Six Lessons from the Just Teach One Project on Recovering Susanna Rowson's <em>Sincerity</em>

Six Lessons from the Just Teach One Project on Recovering Susanna Rowson's Sincerity Lisa West Lesson 1: You might not be teaching the classes that provide the easiest contexts for the Just Teach One project (jto), but that does not mean that you cannot participate in the opportunities jto provides for involving students and faculty in collaborative recovery work. Were I creating a course in which to teach Sincerity; A Novel in a Series of Original Letters, I would have taught a topics class for English majors on early American women writers or literature of the early American republic, courses that would have historicized the text and raised issues prominent in the recovery of Susanna Rowson as a prolific author, an educator, a playwright, and an editor. My ideal course would have included Rowson's Charlotte Temple, Foster's The Coquette, and some writings by Judith Sargent Murray, as well as secondary sources about women's education in the 1790s, early American magazines, conduct literature, and coverture. Instead, my predetermined course assignments for fall 2015 included "The Salem Witch Trials" (an upper-level course for majors), "Approaches to American Literature" (a lower-level course with a diverse population, ranging from education majors seeking their English endorsement to non-majors taking it to fulfill university "written communication" requirements), and a topical first-year seminar titled "Jane Austen: Property and Propriety." I decided I could insert Rowson's Sincerity into the "Approaches to American Literature" course, which I was teaching as a course focusing on social issues of the 1820s. I placed it after Hope Leslie, Hobomok, and a unit on the Boudinot-Gold letters collected in To Marry an Indian. Students would already have encountered both nonfiction letters and letters within novels, and our earlier texts would have invited discussion about marriage, women's education, women's economic rights, and the ways texts rhetorically and structurally critique patriarchy. Although Sincerity clearly stuck out on the syllabus as the only primary text not written in the 1820s, I figured there was enough thematic connection with other texts to make it work. I then took a hard look at my first-year seminar class. These are classes that do not fulfill major requirements, so there is more leeway to adjust course goals and experiment with pedagogy. I announced on the first day that we would [End Page 172] be reading Mansfield Park, Northanger Abbey, and Sincerity. The last novel, I explained, would replace Pride and Prejudice on the reading list. It was not written by Jane Austen; it was not even (really) British. But it was set in England and Ireland and in roughly the same time period as the Austen novels, and, in fact, a later version (retitled Sarah, or The Exemplary Wife) was actually published in the very same year as Austen's most beloved classic: 1813. No one complained, but I was worried. I wish I had already (re)learned my Lesson 2: Susanna Rowson is indeed a transatlantic figure, and her writings were published and read in both England and America. Rowson created memorable British and American characters; her settings likewise demonstrate her awareness of life on both sides of the Atlantic. The recovery of Rowson as a transatlantic figure remains underexplored territory. The 2006 Pearson anthology Transatlantic Romanticism (Newman et al.) includes excerpts from Charlotte Temple but no other Rowson texts. Rowson is not included in this anthology's series of "transatlantic exchanges" on republicanism, women's rights, or other issues, nor is she featured in the sections on transatlantic reception of authors. Rowson is similarly underrepresented in other transatlantic collections. Arguably, Rowson's is a voice that belongs more firmly in such discussions. Why not teach Rowson with Austen? My Austen class provided a wonderful opportunity to consider Rowson outside of strictly American contexts. Class discussions of narrative voice in Northanger Abbey informed students' approach to the text. They noted that Sarah's letters could express intense emotion. They connected these moments to Catherine Morland's indulgence in the gothic as a way to exert agency in her mundane life. For example, in the first letter, Sarah describes her marriage to Darnley: "A coach was at...

The right to be free: is media freedom good news for women's rights?

AbstractUsing an extensive dataset covering 187 countries during 1993–2011, this paper explores the impact of media freedom from government control on women's rights. To measure women's rights, we consider economic, political and social rights that capture the extent of government's respect for these rights at country level over time. A free press improves government's accountability to the society and leads to better governance. In the context of women's rights, a free press can enhance positive rights by helping women raise voices and gain recognition, and thereby making the government create a more conducive environment for women's empowerment. Further, higher press freedom can reduce the infringement of negative rights by calling for greater public accountability. Yet, a free media, while necessary, may not be sufficient in enhancing such rights, and other institutional factors related to a country's development might be essential to reap the benefit of a free media. Our estimated marginal impacts show that greater access of media (in the form of internet and mobile users) and countries with greater democratic capital enhance the impact of media freedom on women's economic and social rights, with little effect on political rights.

Islamic Culture, Oil, and Women's Rights Revisited

AbstractAccording to recent research, oil abundance is the principal explanation for women's poor human rights record in many Muslim societies. However, this study argues that resistance to gender equality in the Muslim world originates in its specific historical trajectory and that the critical juncture precedes the extraction of oil by a thousand years. The study assesses data on women's economic, social, and political rights in 166 countries from 1999–2008 and shows that whereas the negative effect of oil is driven by the 11 members of the Organization of Arab Petroleum Exporting Countries, Muslim countries consistently underperform even when oil and gas rents and other relevant factors such as income and democracy are accounted for. The study concludes that persisting orthodox tendencies in Islamic culture provide the best explanation for Muslim women's limited empowerment.