Gender Equality in China’s Overseas Investment: Case Studies on Chinese Textile and Apparel Enterprises in Vietnam,Myanmar, and Bangladesh

With the progressive implementation of the Belt and Road Initiative, the Chinese textile and apparel sector has extended investments in many Southeast Asian countries, of which Vietnam, Myanmar, and Bangladesh are the most prominent examples. Furthermore, the impacts of Chinese-invested textile and apparel companies on local female workers have become more important and pervasive. This paper uses data accumulated in a survey project conducted in 20 Chinese-invested textile and apparel enterprises to present the on-site situation of gender equality performance in Chinese textile and apparel investment in these three countries. It finds that, despite quick progress and sporadic good practice, Chinese textile and apparel enterprises face challenges in gender equality at both the policy and practice levels. It concludes that gender equality is critical for China’s responsible overseas investment and local social development, and Chinese enterprises must go beyond legal compliance in dealing with gender equality. In so doing, they must realize that awareness raising and gender-sensitive management mechanisms must be the core and long-term measures to address gender equality challenges.     

ON THE PROPERTY DIVISION RULES OF THE JUDICIAL INTERPRETATION (III) OF THE MARRIAGE LAW OF CHINA

Property division rules in the Judicial Interpretation (III) of the Supreme Court on the Marriage Law of the People’s Republic of China have aroused broad controversy. Scholars misunderstand the Interpretation (III), including those related to cultural courtesy, male nesting, and dowry. The Interpretation (III) of the Marriage Law is neutral, universally applicable, and adjudicative in nature, which is consistent with the principle of gender equality.     

The State of Gender Equality Law in the European Union

Abstract:  This article assesses critically the recent law and policy initiatives in European Union gender equality. As a fundamental right, the principle of gender equality is to apply in all areas of EU law. Its scope has been extended to the access to and supply of goods and services and, according to the European Court of Justice, to the Third Pillar. Despite efforts to render the principle visible and accessible, a number of provisions remain unclear and contradictory. The contribution of external actors in this field is set to help safeguarding and enhancing the Community gender equality acquis .     

The Hindu marriage system in Bangladesh: addressing discrimination

As a social and legal institution, marriage is recognized in every society and by every faith. The author examines the institution of marriage amongst the Hindu community of Bangladesh. After the independence of Bangladesh, no legislative measure has been taken to address the Hindu marriage system. From a gender as well as a religious perspective, the whole spectrum of Hindu marriage has often been criticised as being discriminatory, particularly towards women. Despite the fact that the Constitution of Bangladesh has clearly abolished all forms of gender and religious discrimination, these provisions are not reflected in reality. As a signatory of various international conventions, Bangladesh is also under an international obligation to materialise the notion of equality in its municipal system. This article analyses the various lacunae of the prevalent Hindu marriage system in Bangladesh and their underlying reasons. It also makes recommendations in order to achieve Bangladesh’s constitutional and international obligations toward gender equality.     

Conditions for gender equality in police leadership – making way for senior police women

This paper aims to analyse and discuss conditions for gender equality in police leadership. This is done by interviewing 28 sworn police leaders in Sweden, and using a doing gender perspective for analyses. The results show that women and, to a greater extent, men in police leadership do gender traditionally. Explanations for the lack of female leaders and strategies for increasing the number of female leaders are shown to either focus on women as individuals (mostly men) or organisational structure and culture (mostly women). Further, strategies to reach gender equality goals are critically examined. These could be used to create concrete diversity and equality work within police and other organisations. Whether or not quantitative gender equality work (raising the number of females in leadership positions) can create changes in qualitative gender equality (the learning of new norms to change experiences of inclusion and exclusion in relation to gender) is discussed.     

GENDER ISSUES IN THE CALIFORNIA COURTS

The Judicial Council of California's Advisory Committee on Gender Bias in the Courts is one of approximately 30 similar task forces throughout the country charged with investigating issues of bias based on gender in the various state court systems. This article summarizes portions of the committee's draft report, "Achieving Equal Justice for Men and Women in the Courts," and its findings and recommendations. The crucial area of family law including cases where there are allegations of domestic violence is its focus. This article also describes the committee's investigatory process and collaborative efforts and explains the steps planned to implement the advisory committee's blueprint for change.     

The Achievements and Prospects of Court Reforms in China

Judicial reform has become an important issue of Chinese people. At the end of 2004, “The Preliminary Comment on the Judicial System and Working Mechanism form the Central Leading ‘Group of Judicial System Reform’” is conferred by the central group of judicial reform. This paper analyses the achievements China has made in the last five years, especially in the area of court reform, judge reform, evidence reform, judge reform. Beyond this, this paper also expounds the prospect of China’s judicial reform in improving the judicial independence, the judge quality, the court organization reforms and the reforms in evidence system. This paper is based on Wang Liming, “Some suggestions to the judicial reform”, Juris Review (Vol. 4, 2005) (in chinese)     

Masculinities,Money, and Mosques in Algeria’s Civil War

To what extent did economic marginalization and political crisis activate prejudice, violence, and religious faith in Algeria’s civil war during the 1990s? The Algerian novel Les Agneaux du Seigneur (In the Name of God), by Yasmina Khadra offers a glimpse. The novel shows how political and economic disparities intertwined with an increasingly strict interpretation of Islam. In turn, Islam’s political applications and its militarized enforcement soon drew the country into a veritable civil war. The resulting breakdown of the cultural order simultaneously increased the pressure on men to fulfill a socially prescribed gender role and made the fulfillment of that role more difficult.     

妇女平等权的立法保护与性别预算——基于国际和国内比较的视角

妇女享有与男子同等的地位与权利是实现两性平等以及妇女自身充分发展的必要条件。将妇女平等权纳入宪法及法律成为世界发展的潮流。本文基于国际和国内比较的视角,对中国妇女平等权的立法保护进行了梳理,继而分析了"性别立法"和"性别预算"等促进妇女平等权的新政策工具在中国的开展和实施,以期进一步推动男女平等在中国的真正实现。     

Mavericks or misconstruction? A reply to Campbell and Allan

In a jurisdiction without a codified constitution clearly demarcating the role of the courts, and given the centrality of the principle of parliamentary sovereignty to the United Kingdom's constitutional framework, criticism of the courts for overstepping the mark – particularly in politically contentious cases – is par for the course. In their 2019 article, Professors David Campbell and James Allan offer a criticism of the Supreme Court for what they describe as its surreptitious creation of judicial supremacy at the expense of parliamentary sovereignty. In support of their claim, the authors examine two particularly significant judgments: R (Miller and another) v. Secretary of State for Exiting the European Union and Re Northern Ireland Human Rights Commission's Application for Judicial Review. This reply discusses several problematic aspects of the authors’ critique of those judgments, demonstrating that, contrary to the authors’ claims, these cases do not provide evidence of a surreptitious attempt by the Supreme Court to expand its power.     

Testing the Universality of the Gender Equality–Peace Thesis: The Influence of Increased Gender Equality on Terrorism in Turkey

Gender inequality has been empirically linked to the incidence of terrorism, as a motivator for women’s involvement in terrorism, and political and social violence more generally. Although these studies demonstrate that advances in gender equality on average decrease terrorism, it is unclear how these influences translate to individual nations or conflicts. Because Turkey has witnessed consistent but unequal regional advances in gender equality, it provides an ideal setting to examine how these developments have influenced terrorist violence. Analyzing data from Turkey’s 81 provinces from 2000–2013, this study finds important regional differences in the influence of gender equality on terrorism.     

The Commonwealth of Nations today: historical anachronism or focus for universal values?

The creation of the Eminent Persons Group (EPG) in July 2010, to report on future structures of the Commonwealth of Nations, focuses attention on the activities that the Commonwealth and its Secretariat perform well and those that require improvement. The author, now a member of the EPG, explains how the Commonwealth evolved out of the British Empire; the importance of the links of law, language and tradition that bind it together; and the activities that are well performed: professional links; education and publications; electoral observations; provision of good offices; and consensus over core values. He notes useful new initiatives, including periodic human rights reviews; outreach to youth; pursuit of women’s equality; and the use of new information technology. However, he also identifies a number of areas of weakness: publicity and communications; secretariat organisation; the focus of some activities; and effective attention to reported human rights abuses. Given the creation of the EPG, this is a timely survey of the challenges that lie before it and the Commonwealth.     

Equal Application or Unequal Treatment

Abstract

Florida's community control program (CC) developed as a punitive alternative to prison. Characterized by intensive supervision and home confinement, the language and the guidelines assume gender equality, however, the model ignores the family responsibilities of controllees. Because women are more likely than men to be primary caregivers for their families, the issue has gender implications at the policy level. This study examines the background of CC legislation in relation to gender, and presents a case example of how the language of community control is applied at the local level. From interviews and observations, the authors show how officers and female controllees in a county program describe the tensions between caregiving and policy restrictions in their daily lives. They argue that caregiver status should be addressed at the policy level, and advocate the formation of “social families” as a way to help controllees meet CC requirements while caring for families.     

Women's Political Representation in the European Union

Feminist studies of the European Union seek to make sense of a field that has become enormously complex. Gender equality has been an issue in the EU since the inclusion of Article 119 on equal pay in the Treaty of Rome 1957 but has since widened to the recognition of equality between women and men as a fundamental principle of democracy for the whole EU. Gender equality is present both in gender-specific policies, such as women's participation in the labour market, sexual harassment and reconciliation of work and family, as well as informing the basic principles and functioning of the EU institutions wherever gender mainstreaming is implemented. Feminist explorations of the EU have tended to overlook one aspect of EU gender policies: women's political representation in the EU institutions. This article seeks to address this gap.     

Gender bias in courtroom dynamics

Respondents to numerous surveys about courtroom interaction have identified gender bias as a serious problem in the courts. Consistently, women perceive more bias than do men. To explore the importance of gender, role (judge vs. attorney), experience with bias, and age in predicting perceptions of gender bias in the courtroom, we conducted secondary analyses of data from a survey of judges and attorneys in Illinois. Three dimensions of bias were identified:Presence of Bias, Optimism (belief that bias is decreasing), andInstrumental Bias (use of biased behavior as a trial tactic). Although role, age, and experience had some importance in explaining the scores on these three factors, gender offered the greatest predictive power. Implications for future research and for ending bias in courtroom interaction are discussed.This research was completed with support from the Office of Social Science Research, University of Illinois at Chicago.     

Promoting Gender Equality: A Systematic Review of Interventions

More than four decades have passed since the United Nation’s Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted. Now is an opportune time to consider whether the interventions seeking to realise CEDAW’s aspirations have brought us closer to achieving gender equality. This systematic review aimed to identify and synthesise evidence for the effectiveness of social justice, cognitive, or behaviour-change interventions that sought to reduce gender inequality, gender bias, or discrimination against women or girls. Interventions could be implemented in any context, with any mode of delivery and duration, if they measured gender equity or discrimination outcomes, and were published in English in peer-reviewed journals. Papers on violence against women and sexuality were not eligible. Seventy-eight papers reporting qualitative (n?=?36), quantitative (n?=?23), and multi-methods (n?=?19) research projects met the eligibility criteria after screening 7,832 citations identified from psycINFO, ProQuest, Scopus searches, reference lists and expert recommendations. Findings were synthesised narratively. Improved gender inclusion was the most frequently reported change (n?=?39), particularly for education and media interventions. Fifty percent of interventions measuring social change in gender equality did not achieve beneficial effects. Most gender mainstreaming interventions had only partial beneficial effects on outcomes, calling into question their efficacy in practice. Twenty-eight interventions used education and awareness-raising strategies, which also predominantly had only partial beneficial effects. Overall research quality was low to moderate, and the key findings created doubt that interventions to date have achieved meaningful change. Interventions may not have achieved macrolevel change because they did not explicitly address meso and micro change. We conclude with a summary of the evidence for key determinants of the promotion of gender equality, including a call to address men’s emotional responses (micro) in the process of achieving gender equality (micro/meso/macrolevels).

     

Pragmatic Discourse and Gender Inequality in China

Using courtroom dialogs from actual court trials in China as data, this article analyzes an emerging “pragmatic discourse,” deployed by judges to assist, but at the same time to constrain divorcing women. Through questions, statements, rebuttals, and other interactional devices, Chinese judges define the premises that underpin the law's understanding of gender equality and women's welfare. By looking at how discourses are deployed by judges and litigants, we link micro linguistic practices to more general social forces and processes. Despite their honest effort to protect women's rights, Chinese judges often inadvertently reinforce and reproduce the patriarchal norm. The data demonstrate how the hegemonic patriarchal order reasserts itself in an institutional forum that is meant to promote gender equality. The interaction of the discourses also highlights the tensions in Chinese society and displays the effect of changing social environment on the legal operation.     

司法公正价值论

司法公正是维护社会正义与公平的基本要求 ,它本身就是一种价值判断。但是相对于司法宗旨而言 ,司法公正更具有工具性或形式性 ,因此 ,司法公正还应有更高的价值追求。本文从分析司法的功能与作用以及司法对于整个法律价值实现的思路出发 ,论述了司法公正的价值目标 ,提出了司法公正的价值判断标准 ,并对司法公正价值的实现进行了初步思考。     

Problems of Cross-Cultural Comparison: Analyzing Linguistic Strategies in Tanzanian Domestic Violence Workshops

Campaigns against domestic violence and projects designed to reform laws are increasingly part of the development initiatives undertaken in African nations. Such projects are subject to standard criticisms of development (e. g., its tendency to enhance the power of donors over recipients) and to more recent concerns raised by postcolonial feminist scholarship (e. g., its tendency to ignore how women's condition in developing nations emerges from relations between donors and recipients). Mindful of these criticisms, many gender and law reform projects begun in Tanzania in the 1990s were designed to foster egalitarian relations between donors and recipients as well as to change laws and legal practices with respect to domestic violence. In addition, many projects relied on interactive workshops to impart information about law reform while empowering local participants. This essay focuses on two domestic violence workshops held in Tanzania in 1998. Linguistic analysis is used to expose the multiple relations of power in these development initiatives. The article demonstrates that demands on the structure of interaction-that is, everyone must be encouraged to participate-can work against creating egalitarian relations and suggests that some challenges to reforming development lie at the level of linguistic interaction.     

Communicating about child sexual abuse with the public: learning the lessons from public awareness campaigns

Despite numerous public awareness campaigns child sexual abuse (CSA) remains a significant global issue affecting millions of children. This suggests that such campaigns have had minimal impact, and the paucity of good quality empirical evaluation makes it difficult to establish what has worked and what has not. This article considers how different and evolving approaches to public awareness campaigning on CSA since the 1990s have influenced (or not) attitudinal and behavioural change. The article reviews a number of key initiatives from around the world and identifies common themes that can inform campaigning and prevention efforts. Recommendations for further research efforts, social problem framing, and targeting are offered. The article concludes by arguing that more recent multi-faceted campaigns which combine a range of messaging methods are more likely to turn public awareness campaigning into public action campaigning.