我国“劳动法”与CPTPP劳工条款接合的法律方案研究

我国“劳动法”对接CPTPP劳工条款有利于我国融入国际经贸规则体系,也有利于避免社会倾销调查。我国“劳动法”对接CPTPP劳工条款的制度框架包括原则性条款、实体权利条款、组织性条款、实施条款和纠纷解决条款。我国“劳动法”与CPTPP劳工条款接合的法律方案可分为国际和国内两个层面。国际层面可利用双边协议争取劳工标准实施的缓冲期、利用程序性规定防止争端解决程序滥用、适时推进结社权和集体谈判权相关公约的批准。国内层面可在海南自贸港提前试行CPTPP劳工规则：在强迫劳动方面,重点推动服刑人员报酬制度改革;在职业歧视方面,重点推动户籍制度改革以消除基于户籍的制度性歧视;在结社权和集体谈判权方面,可参考借鉴CPTPP缔约国越南和新加坡的经验。     

Why do women's studies? a cross england profile

In this article we report on one part of an empirical project which was concerned with exploring the experience and views of Women's Studies. Data were collected from Women's Studies students and non-Women's Studies students, although here we are concerned particularly with the experience of Women's Studies students from four English universities. We begin by introducing our motivations and methods and our respondent group. In the following two sections we present our data in terms of what Women's Studies students hear about Women's Studies from others and Women's Studies' view of itself. Following this, in our discussion section we consider issues of ambivalence, backlash and marketing in relation to our data and to broader debates concerned with the status and experience of Women's Studies. Here we also consider our original question: “Why do Women's Studies?” Finally, we briefly reflect back on our data and on Women's Studies' history and consider the future.     

Sexual Ethics,Masculinity and Mutual Vulnerability

Over the past two decades, significant work has been undertaken in masculinities scholarship to aid the development of efforts to prevent incidences of sexual violence against women. This has included Carmody's powerful contribution of grounding primary prevention strategies in Foucault's ethics of the care of the self and others. This paper expands on this approach by theorising how Judith Butler's ethics of non-violence built on the recognition of vulnerability can provide a conceptual mechanism or justification by which men will embrace sexual ethics of care. Using the contextual example of group sexual assault by team sportsplayers as well as recent efforts to address masculine violence in Australia, the paper argues that Butler's recent work contributes to ways in which that ethics can be better embraced by men as part of a broader project of cultural transformation of (hyper-)masculinity into a less-harmful event. The paper addresses ways in which to understand the failure of team sportsplayers capacity to recognise the vulnerability of women in group sexual assault cases by showing how the operation of normative frames prevent conceiving the hypermasculine self as anything but inviolable. In that context, some recent debates in Australian masculinities and anti-violence scholarship on whether or not changes to gender relations are best communicated as a benefit or loss of power to men are addressed. The aim of this paper is to make a small contribution to advancing theories and concepts of sexual ethics in the context of masculine sexual violence by investigating ways in which Butler's approach can operate as both a mechanism for inducing care of selves and others and an outcome of the cultural transformation of gender relations.     

From Fashion Colours to Spectrum Analysis: negotiating femininities in mid-Victorian women's magazines

This article closely examines the first set of accusations in the Matthew Hopkins witch‐hunting phenomenon in early modern England by paying particular attention to the female actors. It reveals that Matthew Hopkins was not only a member of the elite group that lent credibility to the witchcraft accusations arising from within the community, but he also had kinship ties with Susan Edwards, mother of the child supposedly bewitched to death by this group of women. This impacts on the traditional historiography concerning Hopkins's role as a witch‐finder. Secondly, the evidence reveals a group of marginalized women who befriended and supported one another. It is argued that this group of independent women, meeting together without the supervision of a man, challenged the social order. Witchcraft was a social phenomenon that had the ability to satisfy many divergent needs. When multiple agendas converged, a suggestion by a cunning person could end in the execution of many victims. The author suggests that the so‐called witches' meeting was actually a prayer meeting of semi‐literate, devout women, who fell outside the parameters of the ‘godly’ community of Mistley parish. In this case, the accusations may not have spread any further than the two women who were initially suggested by the cunning woman, if it had not been for the women's group meetings.     

Engendering Economic Policy: The Women's Budget Group

In these days, when feminist theory has been replaced by gender theory and activism by the practice of deconstruction, it is refreshing to find a group of women academics and voluntary sector campaigners coming together to engage with day-to-day issues of economic and social policy. Such is the London-based Women's Budget Group (WBG), which has set itself the task of creating a dialogue with treasury officials and ministers. Many of the issues have not changed much since 1974, when the Women's Liberation National Conference adopted the 'fifth demand' - legal and financial independence for women - and the London Women's Liberation Campaign for Legal and Financial Independence (commonly known as the 'fifth demand group') started working on the tax, benefit and pensions policies that treated husband and wife as a breadwinner-dependent couple with no need of separate incomes. The style may have changed: the fifth demand group used to alternate its more business-like meetings with consciousness-raising sessions, and go away together for weekends and days out in the country, whereas the WBG does much of its communicating by e-mail. The fifth demand group never even contemplated employing anyone or applying for funding or recognition; the WBG has administrative backup from the Women's National Commission, which is autonomous but located within the Cabinet Office, and at present has funding from the Barrow Cadbury Trust to employ a part-time project manager. The fifth demand group met in the living rooms and kitchens of suburban flats and collective houses; the WBG holds its meetings in the corridors of power in Whitehall, thanks to the Women's National Commission. The fifth demand campaign was an eclectic mixture of the presentation of arguments to the ruling establishment and more populist agitation. It gave evidence to parliamentary select committees, to official inquiries and to the Royal Commission on the Distribution of Income and Wealth; it produced an accessible and forcefully argued pamphlet and discussion pack--'The Demand for Independence'--that circulated widely among feminist groups (no longer available, but see London Women's Liberation 1979); it launched the YBA Wife campaign that attracted a flurry of media attention and an enormous post-bag in 1977. The WBG, on the other hand, has the ear of government; it has regular meetings with treasury officials and some nowadays with treasury ministers; it produces a detailed critique of the annual pre-budget report and a response to each year'sbudget; periodically it holds public meetings that attract back-bench and front-bench MPs, social affairs journalists, social policy experts and people active in related campaigns (most notably the one reported in Robinson 1998). In the intervening decades, much of what the fifth demand group campaigned for has been achieved. Husbands and wives are now taxed separately and the married man's tax allowance has been abolished. Married women can no longer opt to make more limited national insurance contributions in return for more limited rights to benefits. People who are married or cohabiting still cannot claim means-tested benefits separately from their partner; but at least either one of them can now be the claimant, rather than just the man. So the assumption that women are dependent housewives has been gradually eroded, but is far from being destroyed.     

Women United for the United Nations: US women advocating for collective security in the cold war

This article details the creation of Women United for the United Nations (WUUN), a coalition of US women's non-governmental organizations created in the wake of the Second World War to advocate for the United Nations and the efficacy of collective security. The article illuminates the strategies the organization used to flourish in the 1950s, an era characterized by suspicion of political activism and conformity for US women. It describes WUUN's initiatives and documents the way the organization clashed with a more radical women's peace group, WOMAN. The article places the discussion of WUUN in the context of work done by other historians on the fate of other US women's organizations in the 1950s and provides a detailed account of the measures WUUN took to navigate the complexities that confronted women activists in the Cold War.     

Giving Afghan Women a Voice: women's writing in Afghanistan

This article considers how far women's rights have improved in Afghanistan since the intervention by the international community in 2001. It examines this question through the author's experience of working with an Afghan women's writing group. It looks at the tension between allowing Afghan women to voice their experiences, and the danger of their writing embracing depictions of the female as ‘victim’. It concludes that while depictions of Afghan womanhood may appear to promote ‘negative’ images, the women themselves offer positive role models.     

Alleging Psychological Impairment of the Accuser to Defend Oneself Against a Child Abuse Allegation:

This paper discusses a group of divorced or separated parents who are in conflict over custody and/or visitation with their children. In each case, a mother alleges that the father has been sexually or physically abusive to the couple's children, and the father alleges that the mother's own abuse during childhood produced a psychiatric disturbance that forms the basis for her pathological need to project accusations of abuse onto him. The authors found that a satisfactory analysis of the competing parental allegations and a recommendation about the children's subsequent guardianship could not be developed until they explored the hypothesis that wife battering had contributed to the family's distressing circumstances.     

Darning,Doylies and Dancing: the work of the Leeds Association of Girls' Clubs (1904–1913)

The Leeds Association of Girls' Clubs (LAGC) was set up by a group of women, including Hilda Hargrove, Dr Lucy Buckley and Mary and Margaret Harvey, to promote collaboration between the city's girls' clubs. The organisation epitomised women working in partnership whilst reflecting their differing philanthropic and political interests. However LAGC's collaborative approach resulted in liberal consensus which downplayed the significance of girls' working conditions. Throughout the decade LAGC's focus was its annual competitions. These featured utilitarian and decorative handicrafts (darning and doylies) enshrining both frugality and aspiration, alongside dance and drill which channelled girls' vigour. Nevertheless, LAGC's resilience resulted in an organisation which is still in existence.     

“工友驿站”创新模式与珠海工会改革经验探析

工会作为代表和维护职工合法权益的群团组织,存在最大的问题是脱离群众,其群团作用难以发挥。随着中国经济体制改革的深入,劳资冲突事件的增多,工会改革势在必行。珠海创建的首家"工友驿站"—新加坡花园站,是珠海工会去行政化所采取的重要改革举措,即以社会组织作为工会改革和社会治理创新工作的思路,通过向社会组织购买服务,建立"工会+社工+义工"的"三工"联动模式,为职工提供维权、帮扶救助、就业介绍、幼托等一系列服务,打通服务职工的"最后一公里"。     

溢出—交叉视角下工作能量对双职工夫妻家庭关系能量的影响研究

为了揭示工作能量对家庭关系能量的影响及过程机制,本研究从夫妻二元体角度构建了一个溢出—交叉模型。研究运用结构方程模型对98对双职工夫妻的配对数据进行分析,结果表明：（1）工作能量与员工自身家庭关系能量正相关;（2）丈夫工作—家庭冲突完全中介丈夫工作能量对家庭关系能量的影响,而妻子工作—家庭冲突部分中介妻子工作能量对家庭关系能量的影响;（3）夫妻之间的家庭关系能量存在对称的直接交叉效应;（4）丈夫的工作能量水平能够直接影响妻子的家庭关系能量;而妻子的工作能量只能通过提升自身家庭关系能量的方式进而影响丈夫的家庭关系能量。本研究能够帮助双职工夫妻缓解工作—家庭冲突带来的压力,营造良好的家庭互动环境。     

Gender studies at Griffith University

The opposition to the introduction of a women's studies concentration area (a related set of courses) at Griffith University reveals the close links between opposition by the Right to feminist demands for change, (for example for women's reproductive and occupational choices), and opposition to the introduction of tertiary women's studies courses. The history of this battle at Griffith University also reveals the university's retreat from a commitment to the professional autonomy and competence of the women's studies planning team to a politicisation of the university's internal decision-making process.     

‘No Suggestion of Suffragettism’: the Blue Blouses in Ireland, 1933–1936

In July 1933 membership of the Irish fascist organisation, the Blueshirts, was officially opened to women for the first time. Within a year the Blue Blouses, as the women's auxiliary was colloquially called, became the largest women's political organisation in Ireland. This article examines the group as a vehicle for the politicisation of conservative pro-Treaty Irish women. The Blue Blouses willingly used parades, mass rallies, athletics, and a specific discourse of domesticity to articulate a strategy of political involvement that did not conflict with the patriarchal presumptions of inter-war Irish political culture. As such, this analysis is intended to augment the history of inter-war Irish women politics that to date has focused almost exclusively on feminist organisations.     

Plain tales from the rice trade: Indications of vertical integration in foodgrain markets in Bangladesh

Through a series of case studies of the interactions between foodgrain traders and between traders and producers, this article questions the widespread belief that foodgrain markets in Bangladesh are characterised by low trading margins, no vertical integration and a general competitive health. The article indicates that merchant's capital plays two key roles in the market (i) in some areas of the country, the provision of merchant's credit deprives the poor producer of access to the market price for his or her output; (ii) working capital extended to subordinate traders may also enable a small group of large traders to influence prices. Further case studies of the interaction between traders and the state food distribution system indicate ways in which the private market may be able to frustrate or limit policies intended to regulate its operation. These insights suggest that the domination of merchant's capital may be one factor explaining low levels of productivity in the Bangladesh countryside. They also raise questions about the consequences of policies intended to increase the role of private trade in the economy.     

‘Big sisters’ are better domestic servants?! comments on the booming au pair business

This paper attempts to describe the present situation in the women's movement in Serbia and Montenegro and to tackle questions about its future, on the basis of a sociological study of newly formed women's groups. In the past, the women's movement in these societies has surged several times, only to be completely annulled, and its proponents falling to oblivion. Now, for the first time ever, the seeds of the movement originating from the long gone period of the socialist regime in Yugoslavia have survived the turmoil of disintegration and wars, and are germinating as women's groups and networks spring up alongside are being formed. The crucial task for the future will be strengthening this fragile and diffused network structure and laying down solid foundations for a movement with proper institutional mechanisms on a nation/state level. This investigation examined the prerequisites for this: firstly by examining the visibility and distinguishing features of women's groups and their activities in their current local environment; and secondly, by assessing activists' clear acceptance of feminist (and their groups') self-determination, which confront existing social attitudes towards feminist identities. In both respects, considerable advances towards a broader and clearer recognition of the aims and essence of women's groups' activities are identified, in spite of the ever-present traditional and ideological resistance to this type of women's engagement.     

the <Emphasis Type="Italic">conditions</Emphasis> of politics: low-caste women's political agency in contemporary north Indian society

In this article I analyse the structural and cultural conditions of low-caste women's political agency in urban north India. Whereas in Western feminist political theory, the sexual division of labour is considered to be a key constraint for women's political participation, I show how this has a secondary relevance in the context analysed. I argue that issues concerning the division of labour are intertwined with and subject to those of male consent and support for women's activities. I illustrate how it is often the supposedly ‘oppressive’ household boundaries rather than alternative outer spaces that, under a series of enabling circumstances, initiate women's political activities. Against this backdrop, I show how Indian women activists’ political agency is shaped by men's role, and how agency's relational nature is embedded in women's lifecycles, everyday practices and cultural expectations; in essence, in overall gendered agency. Comparative analyses between Western and non-Western models of political participation and discourse have only just begun. In this respect, I contribute to this nascent field in the following directions: not only do the arguments I present in this article challenge the individualistic Western subject of political action, but they also complicate the idea of the resulting empowerment as a culturally constructed process whose understanding arises from the dialectics between insider and outsider values.     

Political women in singapore: A socio-linguistic analysis

This study sets out to discover how the political woman in Singapore is portrayed in Singapore through a study of her representation in the media. A focussed study of the Singapore English newspapers in the political elections of 1984, 1988 and 1991 show the construction of the political woman in two ways: one is through the creation of the stereotype, packaging the political woman as a type of woman and like all women, operating within the framework of the family, such as, their role as wives, as the helped, as mothers and as “the weaker sex”; and the other is through the medium of language itself, for example, such as the use of address terms, overlexicalization, and the tabloid commentary style.     

Gaining a Public Voice: Ottoman women's struggle to survive in the print life of early twentieth-century Ottoman society,and the example of Halide Edib (1884–1964)

After delving into the emergence of women in Ottoman print culture and the challenges associated with this process, this paper focuses on women's periodicals which provided a platform for women writers, education for a female audience and a means of communication between both parties. Analysing the social and technical challenges of establishing independently run and long-lived women's journals under the restrictive circumstances of the early twentieth century's gender-segregated Ottoman society, this article not only documents women's struggle for survival in the publishing world but also explains why women's periodicals and their female authors had an ephemeral print life. After acknowledging the role of print culture in the women's emancipation movement, the focus is on Halide Edib as an exceptional example in terms of her survival and transformation from unknown to world-renowned author. Her struggle to enter and become established in the print life of the late Ottoman society illustrates the potential and available positions for women in the publishing sphere and explains the failure of her female contemporaries to achieve success in this area.     

blowing the love-breath: healing men in Caribbean women's writing

Caribbean women writers (such as Erna Brodber and Opal Palmer Adisa, who are discussed in this article) often include men in women's liberatory quests as participants: helpers, healers or caregivers. The close connection between sexuality and emotions in this body of writing can be read through a new model of affective feminist reader theory, which embraces and redefines from a feminist perspective the affective fallacy (over-interpreting a text based on one's feelings) so dreaded by the New Critics. This article interrogates how to read through affects across multiple intersecting differences between the text and the reader (such as race, class, culture and gender). A self-reflective negotiation between an outsider reader and a text's healing communities reveals the limits of the reader's ability to participate. The affective fallacy in this context becomes a useful tool for reading, but here it seeks a very different goal from that for which it was previously used. The transcultural feminism of difference relies on affectivity and emotions as a political force and a method for meaning; however, knowing the boundaries of one's affects prevents one from intrusively taking on the other's suffering through sympathetic reading. Women's sexual healing processes in the novels discussed in this article are not self-evidently or solely gynocentric in the Caribbean context: men are often active participants in these processes, and thus also in gender reconfigurations. Participation in these affective moments between the novels’ women and healing men is made possible by the reader's parallel process of embracing and curtailing her affective responses to the suffering of the other.