Institutional obstacles to equality between the sexes

After briefly mentioning the basic characteristics of the constitutional and legislative framework in which the people participate, I try to show how the legal system in Switzerland is biased in favour of men.Although since June 1981 the Constitution has guaranteed equal rights to men and women, women suffer significant discrimination. That discrimination is unchallengeable in court and difficult to overcome through legislative change, since the Swiss parliament is 90 per cent male. The institutional balance of power (between parliament, government, the courts and the people) means that women are excluded from the implementation of equality although they have a legal right to it. The refusal of the Federal Court to control the constitutionality of federal laws (which contain the worst discrimination) coupled with a restrictive interpretation of equality where it concerns women, makes it clear that our right to equality will remain ‘paper rights’ only for years to come.The constitutional amendment on equality of rights between women and men shows the myth of neutrality and objectivity of the legal system, and the necessity of referring to the notion of women as a group, and no longer as isolated individuals as classical constitutional jurisprudence teaches, for that is the only way to show the sex-based discrimination hurting women as women, and not as individuals at random.In our fight for equality we are faced with the dispersion of women in various groups according to class, religion, language, region, profession and so on and this means we cannot rely on a uniform conception of equality and of the means of achieving it, but must develop a new meaning of equality, going further than the dichotomy of ‘public man, private woman’, and fighting against male privilege, to achieve a better democracy.     

The Warnock report: The politics of reproductive technology

The Warnock Report (the report of the Committee of Inquiry into Human Fertilisation and Embryology, requested by the government of Great Britain) is a crucial text in the discourse on reproductive technologies. This paper is an investigation of the Report to find out exactly what is being said about women's bodies. I explore the relationship between the state and science, between ideology and technology, and the attempt of the Warnock Inquiry to construct a meaning of technology practice.After a brief introduction, the scope of the report is considred in part I. Part II discusses the Inquiry's treatment of infertility and the family. It includes sections on artificial insemination, invitro fertilisation, egg donation and surrogacy. The analysis reveals the Inquiry's preoccupation with the meaning of motherhood and social control of breeding. Women as women are not a presence in the discourse. Part III covers the Report's consideration of scientific research. I show that genetics is an inextricable part of research associated with artificial reproduction and that there exists an undercurrent eugenic meaning of genetics in the discourse on reproductive technology. An epilogue ties together the main points of my analysis.In short, what the text of the Report revealed was that the state and science require that women's bodies be available to serve the patriarchal nuclear family and the needs of scientists. The state empowers science because politicized technologies can be utilized by the state to intervene in population control. This is the logic behind eugenics and the policing of women's sexuality via reproductive technologies.     

Theorizing the Politics of ‘Islamic Feminism’

This article examines developments in ‘Islamic feminism’, and offers a critique of feminist theories, which construct it as an authentic and indigenous emancipatory alternative to secular feminisms. Focusing on Iranian theocracy, I argue that the Islamization of gender relations has created an oppressive patriarchy that cannot be replaced through legal reforms. While many women in Iran resist this religious and patriarchal regime, and an increasing number of Iranian intellectuals and activists, including Islamists, call for the separation of state and religion, feminists of a cultural relativist and postmodernist persuasion do not acknowledge the failure of the Islamic project. I argue that western feminist theory, in spite of its advances, is in a state of crisis since (a) it is challenged by the continuation of patriarchal domination in the West in the wake of legal equality between genders, (b) suspicious of the universality of patriarchy, it overlooks oppressive gender relations in non-western societies and (c) rejecting Eurocentrism and racism, it endorses the fragmentation of women of the world into religious, national, ethnic, racial and cultural entities with particularist agendas.     

gendered discipline in globalising India

Discrimination and violence against women in India often tend to be discussed, framed and explained in cultural terms alone. It is a commonplace assumption that Indian cultural norms are responsible for women’s oppression in India and that India’s moves to open up the economy to globalisation will usher in modernity and empower women. Another similar assumption is that gendered violence and patriarchal oppression are produced and located primarily in the (Indian traditional) family and community, and that women’s entry into the globalised workforce will empower and help them confront and overcome such violence and oppression. This paper attempts to challenge this false binary between ‘family/community/tradition/culture’ and ‘modern political economy’. It looks at the methods used across various sites—household/family, college/university and factory—to subject women’s labour and sexuality to a regime of surveillance and gendered discipline. It also looks at the ways in which this regime is disrupted and challenged repeatedly by women’s protests.     

Liberal family law in the making: Nordic and European harmonisation

This paper discusses the past and contemporary legal harmonisation exercises of family law in the Nordic countries and Europe. The critique is that the harmonised ‹European family law’ only entrenches the status quo and reiterates traditional family patterns, the male norm, heteronormativity, and a public/private divide represented in the neutral guise of a liberal rights discourse. Furthermore, the critics point out that the political economy of legal harmonisation is, to a large extent, ignored. In the Nordic countries, egalitarianism and broad political deliberation characterised much of the previous legal harmonisation, whereas rights discourse in its liberal sense is a novelty, more or less triggered by the European integration. This paper discusses the gendered implications of the emerging rights discourse in the Nordic countries and the linkages between family law, the labour market and social welfare. The paper argues that the harmonisation exercise cannot be regarded as one consisting only of legal norms and reasoning, but rather it should be discussed from the perspective of a political and epistemological challenge to the prevailing ‹truths’ about marriage, family and sexuality.     

Feminism and feminist movements in the middle east,a preliminary exploration: Turkey,Egypt, Algeria,People's Democratic Republic of Yemen

Feminism, including in particular such notions as women's right to equality and their right to control their own lives, is, with respect to the Middle East's current civilization at any rate, an idea that did not arise indigenously, but that came to the Middle Eastern societies from ‘outside’. To predict and direct the future of that idea, and therefore the future of women in the Middle East—if this is indeed at all possible—an understanding of the development of feminism in the Middle East is crucial, including its transformations transplanted to a Middle Eastern, predominantly Islamic environment, and its different interpretations in the locally different cultures of the Middle East. It swiftly becomes apparent, in considering the history of feminism in the Middle East, that two forces in particular within Middle Eastern societies modify—hampering or aiding—the progress of feminism. First there are attitudes within the particular society, and the culture's and the sub-culture's formulations, formal and informal, regarding women. Second and perhaps as important, are the society's attitudes and relationship to feminism's civilization of origin, the Western world. Since the late nineteenth century, when feminist ideas first began to gain currency in the Middle East, a Middle Eastern society's formal stand on the position of women has often been perhaps the most sensitive index of the society's attitude to the West—its openness to, or its rejection of Western civilization. Thus Turkey's attitude of openness to Western civilization at the beginning of this century (with which this study begins) was epitomized by the abolition of the veil. More recently, the veiling of women in Iran has constituted perhaps the chief index and deliberately chosen symbol of Iran's rejection of Western civilization. The present article is the first of a series in which I will be exploring aspects of feminism in the Middle East.     

Domination,Subordination and Struggle: middle‐class marriage in early twentieth‐century Wolverhampton,England

The aim of the article is to modify our understanding of the history of middle‐class marriage. It draws upon the detailed examination of one Wolverhampton couple’s marriage to explore relationships between husbands and wives—and between ex‐husbands and ex‐wives—in early twentieth‐century provincial England. It argues that patriarchal and companionate marriages co‐existed alongside one another; that even in patriarchal marriages wives were prepared to seek legal redress for their grievances; and that even in insular and unfashionable regions of the country such as the Black Country the courts, both civil and criminal, policed masculinity and femininity in their assessment of where fault lay.     

Fathers' rights, women's losses

Recent international moves to defend the family, protect and enhance the rights of men. For example, state proposals to redefine illegitimacy extend men's rights in marriage to unmarried men. Women are losing the choice to bring up children on our own, or together, without men.The position of men in the family is not based upon equality with women. Fatherhood is not the equivalent of motherhood, nor the support for it. The particular right of fatherhood is the right of men to take up a social position of authority over women and children. This is not an interchangeable position, for fatherhood is accrued solely to men. Social policies which encourage the presence of men in all families, and support the ‘role’ of father, perpetuate sexual inequality and discrimination against women.     

Comparing Women in Canada

In Feminism and the Power of Law Carol Smart argued ??law must also be tackled at the conceptual level if feminist discourses are to take a firmer root?? (Smart in Feminism and the power of law, Routledge, London, 1989, 5). In Canada, the Women??s Legal Education and Action Fund (LEAF) ??tackled?? the concept of comparison in the age equality case of Withler v Canada, 2008 BCCA 539. Rejecting ??similarly situated ??(or ??groups??) comparison as inconsistent with substantive equality, LEAF advocated a ??contextual?? approach to import gender into the Withler frame. However, LEAF did not identify a male comparator even though all of the plaintiffs were women. Accordingly, it is unclear whether LEAF??s contextual approach obviates comparison, permits comparing some women to other women, or is synonymous with ??grounds?? comparison. I argue LEAF could have named the patriarchal state as the male comparator in Withler, thereby aligning their contextual approach with ??grounds?? comparison and offering substantive equality a ??firmer root??.     

Gender,Thrift and Indigenous Adaptations: money and missionary medicine in colonial India

This article examines the skills in money and the management of resources that were developed by women missionaries in India between the 1870s and the 1940s. Focusing on the strategies and initiatives of three physicians—Clara Swain, Anna Kugler and Edith Brown—it argues that women disrupted existing patriarchal arrangements by entering ‘male’ domains of finance and administration. Modest ventures were transformed into state institutions through alliances with stakeholders, including missionary boards and donors at ‘home’ as well as members of indigenous elites who provided valuable land donations. Western institutional models needed to be adapted to function within local economies. Western missionary women used an interesting blend of thrift, innovation and indigenization to stretch their material and human resources. Thus, women physicians used their medical work with overseas missions to carve out new roles, which empowered them socially and professionally.     

Pregnancy dismissals and theWebb litigation

Conclusion It is generally accepted that women have the right to participate in the workplace, although only if replicating the traditional male mode of working. To this extent, the right to formal equality with men is generally agreed to be a legitimate goal for legislation. However, where the limitations of such assimilation to a male norm come into sharp focus, as they do in the context of pregnancy, the restrictions placed on improving the position of women are evident. The courts seek to accept the arguments of employers that some limitation on the rights of women to participate fully in the workplace is necessary, with the unarticulated assumption that pregnancy constitutes a real difference between the sexes, incompatible with their notion of (formal) equality. Thus, it is argued, that the advances so far gained in the relation to pregnancy dismissals do not represent a cultural shift in attitudes towards accommodating pregnant women and women with children into the workplace. They have been adopted only reluctantly by the UK courts and legislature, with limitations still being placed on their effect particularly in respect of dismissals on account of pregnancy-related illness. The rights of women not to be discriminated against solely on the basis of their biological ability to give birth must continue to be advocated and given attention; complacency will likely see those rights progressively restricted.     

Social Investment in Gender Equality? Changing Perspectives on Work and Welfare in Norway

In many EU countries, the so-called social investment perspective has provided new arguments for active welfare state policies. The social investment perspective is characterized by emphasizing the role of the state to increase participation in employment by investing in the working capacity of the population—particularly women—through activation programmes and social policies. In this article we depart from recent debates surrounding this perspective to explore changes in Norwegian work and welfare policies, and the role of gender equality in these changes. In Norway, both female employment and fertility levels are high, but women still have a looser connection to the labour market compared to men, for example due to the large proportion in part-time positions, which makes changes in work and welfare policies an interesting case for exploring the relevance of the social investment perspective in this context. The empirical analysis suggests that ideas of social investment indeed have permeated recent changes in Norwegian work and welfare policies. However, questions of gender equality are not addressed in the documents introducing these changes, except when the problem at hand is the employment rate of migrant women—who are the main recipients of activation policies. In conclusion, we claim that social investment is a relevant lens for analysing changes in Norwegian work and welfare policies, but that a dual-tracked vision of gender equality is emerging, making migrant women the significant target of social investment.     

Chrystal Macmillan,Scottish campaigner for women’s equality through law reform

ABSTRACT

This article will explore the work of Chrystal Macmillan, who used her knowledge of the law to further the cause of women’s equality through her committee work with several voluntary organisations, and her presentations to the British Government, the League of Nations, and the International Labour Office. Using archival material, both from committee minutes and family anecdotes, we will show the substantial amount of voluntary work undertaken by Chrystal Macmillan both before and after she became a practising lawyer in 1924. The article will also try to capture something of the woman’s character through the comments of her friends and colleagues.     

Feminism,imperialism and race: a dialogue between India and Britain

Abstract

During the partition period and up to 1918, Polish women's interests and aspirations outside the family were in increasingly frequent cases directed to taking up paid work and resorting to other measures in order to sustain their family. In other cases women's activity was shaped by experiences of resistance to national and sometimes also religious discrimination. In the early twentieth century only small groups of women put forward demands for equality, and even if they did so, they usually thought that this would be possible only after the rebirth of an independent foolish state. It is to this supreme aim that they subordinated their interest and their struggle for equality.     

Breaking out—Women in adult education

Adult Education is primarily a women's service: women are the majority of staff and students yet they are not represented at the decision-making levels where resources are allocated. Adult Education is not as effective as it should be in providing open, life-long education, if the argument that when women achieve equality of numbers they will achieve equality of opportunity is to be believed. It still reinforces women's domestic and secondary role through its structures, policies and programmes and this, combined with its powerlessness within the British education system, reinforces the marginality of women as second class citizens. But this paper will argue that it has potential for women.     

Intersections and Inconsistencies. Framing Gender in Right-Wing Populist Discourses in Austria

The paper contributes to the discussion on (re)framing processes of gender equality focusing in particular on right-wing populist discourses in Austria. Our frame analysis of 50 texts published by four right-wing (extremist) parties and movements reveals that traditional (family) values, women's “free choice”, and LGBT rights play important roles in right-wing populist (re)framing processes of gender equality. Our data also show notable inconsistencies with regard to the meanings attached to gender and gender equality within the discourses studied. For instance, right-wing populists are, on the one hand, concerned with the protection of “the traditional family”—which means being against e.g. same-sex marriage and emphasizing women's wish to stay at home. On the other hand, these same actors argue against immigration by using gender arguments in a different and even contradictory manner, claiming that e.g. Muslim men are bound by their “culture” to discriminate women and LGBT people. Our intersectional approach, analytically focusing on different meanings that gender equality acquires at the intersections with ethnicity, nationality, religion/culture, and sexuality, shows that within right-wing populist discourses inconsistencies in the framing of gender and gender equality arise in relation to the shifting meanings attributed to the essential dichotomy of “us” versus “them”. While the discursive construction of antagonistic positions is essential for right-wing populism, the groups/people designated to fill these “slots” might differ according to topic. We argue that “intersectionality from above” is one of populists' instruments to gloss over inconsistencies and to (re)frame gender equality in an on-going process of (re)negotiations of meanings.     

Feminist Reflections on Researching So-called ‘Honour’ Killings

Drawing on 2 years of field research conducted between 2008 and 2010 in London’s Kurdish community, I discuss the practical and ethical challenges that confront researchers dealing with violence against women committed in the name of ‘honour’. In examining how feminist methodologies and principles inform my research, I address issues of researcher positioning and the importance of speaking with, rather than for, marginalised groups. I then explore the difficulties of operationalising this position when dealing with honour-based violence. Using the interview data from the 2008–2010 study and a case study of the trial of Mehmet Goren (who was convicted in 2009 of murdering his daughter Tulay for supposedly dishonouring their family), I discuss the socio-cultural norms and values underlying honour codes, examining both the position of men and women in relation to the maintenance of family honour and the regulation of women’s sexuality and conduct. In particular, I explore the difficulties inherent in obtaining and understanding victims’ own personal narratives, especially in legal settings, while simultaneously showing how it is only through empowering women to speak for themselves that we will be able to bring about the deep societal changes needed to eradicate honour-based violence.     

Older women's living arrangements and family relationships in urban Mexico

It is often assumed that in Latin America the family will care for elderly relatives. Yet, older people's dependence on family members should not be regarded as unproblematic. This article reviews the living arrangements of older women in urban Mexico, where, despite widely held beliefs about the special treatment merited by women as mothers, one in nine older women now lives alone. Recent figures suggest the proportion is growing rapidly. We use a life course perspective to explore the reasons for this pattern and examine the implications for the well-being of unmarried women living alone or with married daughters or sons. The article presents findings from a research project on gender and the home using a combination of qualitative and survey research methods in Guadalajara, Mexico's second largest city.     

论我国公民受教育权的法律保护

受教育权是公民的一项基本权利,入学就读权,教育平等权、终身受教育权、接受职业教育和职业培训权构成了公民受教育权的主要内容.在实践中,总的来说,我国受教育权实现的现状不容乐观,存在的最大的问题就是,在公民受教育权的实现上存在严重的不平等.有关受教育权利的纠纷正成为当前教育纠纷中的热点问题,因此,有关受教育权利的法律保护问题正受到愈来愈多的关注.