Sport,Gender and Ethnicity: Practises of Symbolic Inclusion/Exclusion

In this paper symbolic inclusion/exclusion processes in sport with respect to gender and ethnicity among adolescents (n = 1025) are analyzed from a social-critical perspective. It was found that sport participation preferences of young people are still influenced by dominant normative gendered and racial/ethnic images. Sport can serve not only as an agent of integration among youth, but is also used to differentiate and discriminate. On one hand sport participation is less predictable with respect to gender, due for example to interactions with ethnicity. Although ethnic minority girls participate the least in sport, ‘black,’ traditional ‘masculine‘ sports such as soccer and fighting/self-defense are valued relative highly. On the other hand, the data show that especially the male adolescents symbolically exclude girls from ‘masculine’ sports such as soccer; in addition for both ethnic minority and majority boys the fear of being labelled as a ‘sissy’ works as a strong mechanism of self-exclusion from participation in traditional ‘feminine’ sports. However, stereotypical normative images are not only confirmed through sport (participation), but also continually challenged.Researcher/lecturer, Tilburg University. Research interest in inclusionary and exclusionary mechanisms in sport, especially with respect to gender, ethnicity and sexuality.Senior researcher, Utrecht University. Major research interest in gender, ethnicity and leadership positions in sport.     

Endless Sex: The Gender Recognition Act 2004 and the Persistence of a Legal Category

This paper challenges a view of the Gender Recognition Act 2004 as involving an unequivocal shift from the concept of sex to the concept of gender in law’s understanding of the distinction between male and female. While the Act does move in the direction of gender, and ostensibly in an obvious way through abandoning surgical preconditions for legal recognition, it will be argued that the Act retains and deploys the concept of sex. Moreover, it will be argued that the concept of sex retained is not merely an anatomical understanding, but sex in a biological sense. In this respect the Gender Recognition Act can be viewed as embodying a tension between gender and sex. Further, it is contended that this tension is explicable in terms of irresolution of contrary legal desires to reproduce the gender order and to insulate marriage and heterosexuality from homosexuality in the moment of reform.     

To Pay Suspicious Attention: Following the Weave of ‘Mixed Logics’ in Women’s Ethical Decision Making

This article explores areas of law loosely within English equity and trusts law that have not conventionally been subject to feminist debate, and within the context of a discussion about feminist method. The particular areas examined are whistleblowing and trustees’ powers of investment, each of which calls for consideration of decision-making processes which have an ethical content. These sites are chosen because they take debate outside the all too familiar locations of woman or ‘the body of woman’, including the family home, where feminist analysis in relation to equity and trusts tends to stray. In exploring these chosen fields, Hobby’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 219–255) critique of gender dimensions in relation to whistleblowing and Dunn’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 179–196) account of women trustees’ investment decisions are evaluated and developed. The debate within feminist legal criticism of the possibility of integrating an ‘ethics of care’ and an ‘ethics of rights’ is acknowledged. Whilst acknowledging of the difficulty of adopting an approach that recognises ‘mixed logics’, it is concluded that women (and men) do integrate the ethics of care and the ethics of rights in their decision-making. It is argued that the effort should be made to trace the specific weave in particular circumstances, thereby paying suspicious attention to the values that underlie courts’ analyses of ethical choices.     

“Gender is No Substitute for Sex”: A Comparative Human Rights Analysis of the Legal Regulation of Sexual Identity

U.K. regulation of sexual identity within a marriage context has traditionally been linked to biological sex. In response to the European Court of Human Rights decisions in Goodwin and I.,² and in order to address the question of whether a transsexual person can be treated as a “real” member of their adoptive sex, the U.K. has recently passed the Gender Recognition Act 2004. While the Act appears to signal a move away from biology and towards a conception of sexual identity based on gender rather than sex, questions of sexual identity remain rooted in medico-legal assessments of the individual transsexual body/mind. In contrast, because transsexual people in some parts of Canada have been able to marry in their post-operative sex since 1990, contemporary debates on the sexual identity of transsexual people in British Columbia and Ontario do not focus on the validity of marriage, and more frequently centre upon the provision of goods and services, in human rights contexts where sex is said to matter. Currently in Canada this is prompting questions of what it means to be a woman in society, how the law should interpret sex and gender, and how, if at all, the parameters of sexual identity should be established in law. This article seeks to compare recent U.K. legal conceptualisations of transsexuality with Canadian law in this area. As human rights discourse begins to grow in the U.K., the question remains as to whether or not gender will become an adequate substitute for sex.See Johnson “Gender is no substitute for Sex” Daily Telegraph, 24 February 2004. I am being disingenuous here as the author of the article is arguing that replacing the term sex with gender in relation to transsexuality is erroneous and an annoying Americanism, whereas I am arguing that neither term is adequate. Goodwin v. U.K. [2002] 35 E.H.R.R. 18; I. v.U.K. [2002] 2 F.L.R. 518.     

Special Issue: Gender,Sexuality and Human Rights

This brief article introduces a special issue of Feminist Legal Studies addressing gender, sexuality and human rights, and comprising papers drawn from an E.S.R.C.-funded workshop held at the University of Kent in June 2004 on the theme of “Gender-Auditing the Human Rights Act”. The article begins by situating the themes of the special issue within the broader context of feminist engagement with rights discourse. It goes on to consider the introduction of the Human Rights Act 1998 into the U.K. with a view to assessing its implications in terms of engendering a positive legal and political culture for equality-seeking initiatives. The article concludes with a survey of the contributions to the special issue, highlighting the possibilities for feminist theory and strategy posed by a wider intersectional engagement with rights issues.     

V.A.T., Taxation and Prostitution: Feminist Perspectives on Polok

Debates concerning the taxation of prostitution have occurred in taxation law and in feminist literature. This article will integrate the case of Polok v. C.E.C. [2002] E.W.H.C, 156; [2002] S.T.C. 361, within the feminist legal canon. The case is discussed in the context of the argument of the European doctrine of fiscal neutrality, which dictates that, regardless of legality as amongst member states, if an activity is levied to V.A.T. in one member state, V.A.T. should be levied on it in all member states. The doctrine of sovereignty accepts the possibility that the integrity of the V.A.T. system may be compromised by the levying of tax on illegal activities, in terms of the cooperation between tax and other aspects of the U.K.’s legal system. European law, feminist law, commodification and the marketplace are all considered within the context of these principles. The article also considers the place of Polok within standard feminist texts on prostitution. Different paradigms of prostitution define different aspects of prostitution as ‘problems’, and the article considers the implications within a feminist reconstruction of Polok of this. The article suggests that the challenge for a feminist analysis of Polok is to remain within the realm of European tax and competition law, and to render the perspective of the employees of the Polok taxpayers part of the substance of the deliberations of the case.     

Men and Women’s Attachment and Contact Patterns with Parents During the First Year of College

Attending a university involves change and transition and an opportunity to study older adolescents’ attachment. The current study explored potential gender differences in both older adolescents’ need-and nonneed-based interactions with parents and their perceptions of attachment quality. Results indicated that although females did not initiate significantly more need-based contact with parents than males, they received significantly more need-based contact than males that was initiated by their parents. On the other hand, females both initiated and received nonneed-based contact with parents more than males. Consistent with attachment theory, parent–child need- and nonneed-based interactions were related to one’s perceived quality of attachment. Results indicated that adolescent attachment involves both need- and nonneed-based parent–adolescent interactions. The pattern of findings suggests that adolescent males and females may show attachment in different ways.This research is based on the first author’s master’s thesis at American University under the supervision of the second author.Department of Psychology, American University, Washington, DC. Received MA in Psychology from American University, Washington, DC. Research interests lie within developmental and clinical psychology, parent–adolescent interactions, and child psychopathology.Associate Professor, Department of Psychology, American University, Washington, DC. Received PhD in Clinical Psychology from Northwestern University, Evanston, Illinois. Research interests include gender issues and developmental and clinical psychology.     

Verifying the myth: olympic sex testing and the category “woman”

This paper interrogates the myth of a binary sex–gender system and its application to women through the practice of sex testing in international athletics. Sex testing—in which women athletes are evaluated to determine their suitability for competition as women—is premised upon the assumption that there are, and should be, two and only two forms of the human body—male and female. On the surface, it would appear that testing the sex of women competitors verifies the need for segregation and stratification of sex in athletic competition. Closer examination, however, reveals that the practice of sex testing actually makes visible both the constructedness of sex categories and the oppressiveness of their application.     

THE GOODS AND SERVICES DIRECTIVE: LIMITATIONS AND OPPORTUNITIES

The Goods and Services Directive adopted in December 2004 is the very first European Community instrument to implement the principle of gender equality outside the workplace. As such it has the potential to close an important gap in European Union law. This note, however, contends that the limited scope of application of the Directive, together with doubts surrounding its legal base and position within the overall gender equality framework of the Union, have significantly undermined its potential. Nevertheless, it is suggested that for the future, should these criticisms be adequately addressed, then the Directive may provide an important platform for the wider diffusion of the gender equality principle beyond the sphere of European employment law. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services OJ L373 (2004) 37     

Nothing to spare : by Jan Carter, 237 pages. Penguin Books, Australia. Price, Aus. $6.95

When attempting to establish women's studies courses within institutions of higher education, women face a traditional power structure designed to obstruct movements for change. Four factors relevant to a power analysis of this situation are status, concrete resources, expertise and self-confidence. These factors are defined and examined in relation to the fight to establish women's studies courses. Within this background the issue of men as ‘patrons’ as teachers and as students, and the fact of women's anger are examined. Many arguments forwarded by conservative patriarchal institutions are discussed. The paper emerges from the experiences of the author in three universities. It is aimed at clarifying some of the traps set for women so that other women can eliminate any fears that their experiences are idiosyncratic or ‘their fault’ rather than part of a formalized power game.     

Women and substance use/abuse: Towards a feminist perspective or how to make dust fly

The purpose of this paper is to offer a feminist perspective in the area of women and substance abuse. A major strand of thinking highlighted throughout this paper is that a women- orientated response rooted in the identity and consciousness of women substance users/abusers is essential. Five key areas are explored and these include: (1) the need for a feminist perspective which moves beyond ‘masculinist’ truths; (2) substance abuse as a “gender illuminating notion”; (3) the “unacceptable” and “acceptable” faces of dependency; (4) the development of a women- orientated methodology in the field of substance abuse; and (5) substance abuse and “pleasure”: is this relevant for women? While pointers for future research are indicated, it is suggested that more work “by women and for women” is needed in the area.     

A hidden and complex heritage: Reflections on the history of Germany's women's movements

This paper examines the conditions of early feminism in Germany, the differing attitudes and strategies adopted by early feminists, characterizations of the movement in historical accounts and the relationship of contemporary feminism in Germany to its earlier manifestation. The conclusion reached is that our feminist heritage is a hidden and complex one and can only be understood fully if the ‘underside’ is examined ‘from below’.     

Anatomy of difference: Toward a classification of feminist theory

If we re-examine the disparate views and goals of feminist theorists, both historically and in the present, we find that they can be divided according to the position they have taken on the question of the importance or unimportance of sex/gender difference. The minimizers opt for structures which unite the female with human enterprises from which she has too often been excluded, and the maximizers articulate patterns expressive of the unique perspective of the female. Both positions encompass many different theorist and groups. Each can best be understood by envisioning a continuum which moves from the most conservative view, a rationale for the status quo, (‘human rights’ or ‘separate spheres’) to the most radical, a total transformation of society (abolition of exclusive female reproductive capacities or total separation of the sexes). These two spectra are mediated by several views which partake of both attitudes: Gerda Lerner's concept of woman as majority, Julia Kristeva's vision of difference in unity, Black and Third World feminism's linking of socialist revolution and the positive values of women of color. Perhaps a more suggestive image than linear continua is the spiral of the DNA molecule. Its two interwined strands are linked together but always moving and changing as the historical arguments are re-used in contemporary situations; characteristics are linked, traded, and transformed in the process.     

Sexual Harassment Reconsidered: The Forgotten Grey Zone

The concept of sexual harassment in the Nordic countries and the European Union (EU) is an important tool for creating gender-equitable workplaces. This article contains an analysis of the conceptual ambiguity of sexual harassment with reference to: firstly, the lack of clarity in terms of the relation between the subjective (the perspective of the harassed individual) and the objective (legal assessment) aspects; secondly, the diffuse scope of the objective assessment; thirdly, the attribution of too much importance to the subject’s perception. Even though the concept of sexual harassment classifies behaviours depending on individual interpretations, the legal construction recognizes the individual’s perception in a flexible manner. If the victim does not interpret the abuse as sexual harassment, then it is not. However, if the victim does consider it sexual harassment, it will not necessarily be interpreted as such. The consequence of the three-fold ambiguity of the concept is the creation of a gender-equality grey zone. Problematic behaviours in workplaces may pass as acceptable and “normal”. Subjective perception matters only when it confirms an objective incident. Defining sexual harassment in solely objective terms and determining which gender-related issues prevent equality would result in similar dilemmas, one of which would be the diminishing of those individuals who are subject to harassment. It is imperative to question the dogma that has the victim deciding whether a situation might be considered sexual harassment because: firstly, the subjective perceptions of the victim seem to be of minor importance in changing negative gender structures in workplaces; and, secondly, potential victims of harassment tend to interpret the situation as something else. Furthermore, since the current definition of sexual harassment is characterized by a preoccupation with behaviours and not with structural dimensions, the definition may actually counteract its purpose of increasing gender equality.     

Troubling the ontological bubble: middle school students challenging gender stereotypes

In this paper, we discuss how a selection of eighth-grade students (13–14-year-olds) responded when they were asked to publicly challenge the gender binary for a critical media literacy school assignment in the USA. We describe the ways in which students negotiated the dual projects of complying with the assignment to create video ads that challenged gender stereotypes and maintaining their gendered sense of self. While the videos had virtually all students disrupting gender in some way, many did so even as they reinforced the notion of gender as a binary. We apply the idea of ontological bubble, as well as concepts from post-structural theories, to help us make sense of the different methods students used to maintain the gender binary.     

Prenatal diagnosis and eugenic ideology

The new techniques of prenatal diagnosis confront women with choices that are constrained by the social and economic realities of the societies in which we live. These societies take little, if any, responsibility for meeting the special needs of people with disabilities and, in fact, discriminate against them. Prejudices against people with disabilities, poor people, and immigrants during the nineteenth century generated a science of ‘race improvement’, called eugenics. In the United States, a number of eugenic measures were enacted early in this century, but it was in Nazi Germany that eugenics or ‘racial hygiene’ flourished. In the guise of furthering the health of the German people (the Volk), German scientists and physicians designed programs of ‘selection and eradication’ (Auslese und Ausmerze) that were initially implemented by sterilizing people who were judged unfit to have children. Next came euthanasia and finally mass extermination of ‘lives not worth living’ (lebensunwerte Leben). Present-day German women, looking at this history, are opposing the ideology that underlies the new technical developments in prenatal diagnosis and some feminists outside Germany share their misgivings. This paper tries to place the new technologies in the context of eugenics and to point out some of the ways in which the new,supposedly liberating, choices in fact limit women's control over our lives.     

Helene Stöcker and the Bund fuer Mutterschutz (The Society for the Protection of Motherhood)

The Society for the Protection of Motherhood (BfM) was the first organization in Germany to concern itself with a reform of sexual ethics and the transformation of the relationship between women and men—not only on a theoretical level but by actually providing support for single mothers and their children and initiating counselling centres to deal with sexual problems. At the same time, the BfM demanded legal equality for illegitimate children, the decriminalization of abortion and the right of women to sue for divorce. In raising these issues, the BfM trod on difficult ground since they were not ‘popular’ topics of discussion within German society around the turn-of-the-century. The chairwoman of the BfM, Helene Stöcker, who was among the first women to study and obtain a doctorate in Germany, put the Society's ideas into practice in her relationship of ‘free love and marriage’ with her partner, the lawyer Bruno Springer. Indeed, it was the policy of the BfM to encourage progressive men to join the organization and work in partnership with the women, while most of the other groups on the radical wing of the bourgeois women's movement chose to work autonomously from men. Over the years, the BfM's priorities changed and its members moved in different directions: while the ‘moderates’ wanted to retain the family as the nucleus of the state, the more radical members went in search of new forms of relationship, attempting thereby to expose society's double standard of morality.     

Ideology and feminism: Why the suffragettes were ‘wild women’

Opposition to women's suffrage from the 1860s to 1914 was structural and ideological. The dominant ideology concerning women's position was articulated more clearly as the feminist movement mobilized. Ideological opposition to feminism in general and the women's suffrage movement in particular operated on the basis of ideas of ‘natural’ womanhood against which feminist activity was frequently viewed as deviance. Female suffrage speakers were caricatured as ‘unwomanly’, and subjected to a subtle process of ‘role stripping’. Militant activity by the suffragette movement after 1905 invoked a wider range of social control agents, but the particular ideological opposition to feminism continued to be important.     

On being the ‘gender person’ in an academic department: constructions,configurations and implications

The term ‘gender person’ in an academic department is a colloquial expression which refers to someone who researches and/or teaches about gender, but whose primary affiliation is not to a gender studies department or centre. This role has particularly been discussed in relation to international development organisations, but has been neglected in relation to higher education institutions. The article reapplies Lucy Ferguson’s ‘gender person’ framework to academics working as ‘gender people’ in the conditions of contemporary academia. Three cases of different manifestations of the ‘gender person’ role are explored in detail and analysed for the ways in which occupying the ‘gender person’ role impacts upon academic careers and gender knowledge. The article contributes an elaborated concept of the ‘gender person’ in academia and provides empirical evidence of being the ‘gender person’. The article particularly shows that relying on a ‘gender person’ as a form of gender mainstreaming renders both gender academics and academic departments vulnerable in different ways.