Gender mainstreaming and the framing of women's rights in Europe: The contribution of the Council of Europe

Drawing on published materials from the Committee of Ministers, Assembly and expert working groups of the Council of Europe, this paper investigates the distinctive contribution made to the framing of women's rights over the last two decades by this regional organisation, which recent studies of the `Europeanisation' of public policies have largely neglected. Elements of congruence are identified between the major mobilising themes of second wave feminism and the Council's emphasis on protecting individual rights, and its sensitivity to the incompleteness and shortcomings of `actually existing' democratic institutions and practices. The relative openness of its agenda-setting processes is also underlined. The Council's flag ship policies for women are shown to have centred since the mid-1980s on a `politics of presence' frame and the (contested) concept of `parity democracy', and the tensions between these and the more recent turn to gender mainstreaming are explored. But the paper also points to the Council's role in diffusing into the E.U. governance arena women's claims to equal participation and presence in the policy process, and notes recent French and U.K. legislation as testifying to the continuing salience of these claims at the national level.     

Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. This revised version was published online in July 2006 with corrections to the Cover Date.     

The European Union and gender mainstreaming: Constitutionally embedded or comprehensively marginalised?

This paper examines the extent to which gender mainstreaming is constitutionally embedded in the legal framework of the European Union. Within the framework of that broad question it examines three sub-questions concerning the robustness and constitutionalised nature of the E.U.'s `equality regime', the extent of adaptation to mainstreaming methodologies by supranational institutions such as the Court of Justice, and the extent of the gender dimension in the debates which are shaping the future of the European Union, especially the 2002–3Convention on the Future of the Union and the Commission's Governance White Paper of 2001.The E.U. is analysed in this article as an emergent, non-state, postnational constitutionalised polity. The first section presents this perspective, and the succeeding three sections engage with the three` sub-questions' outlined above. The conclusion suggests that as yet, while gender concerns maybe constitutionally embedded in the Treatyframe work, they are less prominent in the constitutional politics of the Convention and the Governance White Paper. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender Mainstreaming and Global Governance

This article seeks to explain the variable implementation of gender mainstreaming as a `policy frame' over time and across various international organisations (I.O.s). In the years since the U.N. Fourth World Women's Conference in Beijing (1995),mainstreaming has been endorsed and adopted by a wide range of international organisations, and we compare the adoption and implementation of mainstreaming in four specific I.O.s: the World Bank, the United Nations Development Programme, the Organisation for Security and Cooperation in Europe, and the European Union. The rhetorical acceptance of mainstreaming by various international organisations, however, obscures considerable variation in both the timing and the nature of the mainstreaming process within and among organisations. This variation, in turn, can be explained in terms of the categories of political opportunity, mobilising structures and strategic framing, which have been put forward by social movement theorists. This revised version was published online in July 2006 with corrections to the Cover Date.     

Parity,Power and Representative Politics: The Elusive Pursuit of Gender Equality in Europe

In recent years the concept of parity democracy has rapidly risen up the European political agenda. Using a threefold typology of sex-quotas, this article undertakes a classification of the measures taken by the 15 old E.U. member states to improve the gender balance in representative assemblies. This is then used as the basis for an exploration of the advantages and disadvantages of the parity approach as a tool to promote gender equality, including the constitutional obstacles which stand in its way. The article goes on to present a comparative study of several national systems in which attempts to achieve parity democracy have been pursued, concluding that, in order to maximise their effectiveness, parity measures must operate within a system of unbiased political structures and be properly adjusted to suit the particularities of individual national electoral regimes.     

Promotion of Gender Equality at the Workplace: Gender Mainstreaming and Collective Bargaining in Italy

The article examines gender equality in collective bargaining and looks at the extent to which gender and equal opportunities issues have been mainstreamed in industrial relations systems in Italy where, despite the existence of old and new legislation on gender equality, there are persistently low levels of female employment and the precarious workforce is made up predominantly of women. The central question addressed in the article is whether the injection of a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, the article looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work. The article maintains that gender mainstreaming may fulfil its transformative potential as a catalyst for changing both the conceptual and analytical tools which the law deploys, provided it is envisaged as a three-fold strategy involving simultaneous processes of deconstruction, replacement and inclusive measures, together with deliberative forms of democracy and the imposition of a statutory positive duty on public authorities to mainstream equality.

Death and the erotic woman: the European gendering of mortality in times of major religious change

This paper explores the use of European erotic death imagery produced in the Death and the Maiden (D&M) genre in two time periods. It compares and contrasts D&M imagery produced by the Germanic-speaking proto/early-Reformation artists, Hans Baldung (alias Grien) (c1484–1545), Niklaus Manuel (known as Deutsch) (c1484–1530) and Sebald Beham (known as Hans Sebald Beham) (1500–1550) which highlighted the folly, futility and transience of earthly vanities during the transition from Roman Catholic to Protestant Christianity, with contemporary calendar art produced by Cofani Funebri (from 2003) and Lindner (from 2010) which advertise coffins manufactured in the increasingly secular countries of Italy and Poland. Drawing on Biblical narrative, Augustinian theology and European socio-cultural perceptions of gender, this paper argues that these D&M images are highly eroticised and place woman as signifiers of transcient life (vanitas) and earthly pleasure (voluptas), juxtaposing her with a masculine/male representation of death; Death being imaged as an individual in the sixteenth century, and as a coffin in the contemporary works. The paper also contextualises the imagery in terms of traditional European Christian notions of life and death, as informed by the Biblical Fall narrative, with its elucidations of sin, concupiscence and punishment. It thus asserts that both socio-cultural and religious attitudes towards gender are highly significant in D&M imagery and indeed in terms of the artworks, argues that the masculine signifier of Death can be placed as Adam, whilst the Maiden, as fecund life, represents Eve. However, the overt eroticism of both sets of artworks also allows for a reading that draws on Messaris' [(1997). Visual persuasion; the role of images in advertising. London: Sage] notion that visual images ‘make a persuasive communication due to iconicity; the emotional response to the visual image presented’. Thus, this paper contrasts D&M imagery produced over 400 years apart to examine consciously erotic gendered thanantological allegories of women as vanitas and voluptas, and the male/masculine as representations of Death.     

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.     

The Role of Sense of School Belonging and Gender in the Academic Adjustment of Latino Adolescents

The aim of this study was to examine the roles of sense of belonging and gender in the academic outcomes of urban, Latino adolescents. It was expected that sense of belonging would play a different role in males' and females' academic adjustment. Participants (N = 143) included mostly Mexican and Puerto Rican seniors from a large, urban high school. The academic outcomes assessed were grade point average, absenteeism, motivation, effort, and educational aspirations and expectations. As hypothesized, females consistently had more positive academic outcomes than males. Sense of school belonging significantly predicted academic outcomes, including academic motivation, effort, and absenteeism. Regression analyses did not show that gender explained differences in the relationship between sense of belonging and academic outcomes. Implications and future directions for research on urban Latino males and females are discussed.     

英国劳动关系的调整路径及其对中国的借鉴意义

英国劳动关系的发展与英国政治、经济的变化紧密相联.伴随着英国工会政治地位的下降、产业结构的调整以及劳动力市场灵活性的增强,英国劳动关系经历了从自主、对抗到合作的曲折历程.相对于劳动关系的变化,英国劳动关系的调整总体上保持了自愿主义的传统特征,但是政府的作用正在逐步增强,建立了一套较为规范的法律制度体系.英国劳动关系的调整路径对我国建立和完善劳动关系调整制度具有诸多借鉴意义.     

Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice

Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine Stix-Hackl Advocate General in 2000.The 1995 U.N. meeting in Beijing was a catalyst for the demand for balanced participation of women and men in decision-making processes within the E.U., and it coincided with Sweden, Finland and Austria joining and championing the cause of gender equality. In 1999, the Commission published a report on women in the judiciary and women lawyers began to organize across Europe. After tracing the appointment process, I review the European Parliament's role in championing women on the Court and consider recent developments. Courts, particularly supranational and federal courts, are representative institutions even if their representative function differs from legislatures. Non-merit factors have always been a factor in judicial appointments and thus the demand for women on the bench is not a terrible deviation from merit. An all male bench is no longer legitimate. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Personal Is Political Yet Again: Bringing Struggles between Gender Equality and Gendered Next of Kin onto the Feminist Agenda

In spite of feminist criticism of the welfare state, Norwegian society is frequently perceived as gender-equal. As a truism of public discourse, gender equality affirms a neoliberal understanding of individuals as able to act independently and to freely choose their course in life. This article disrupts that truism with an analysis of a transitional process that occurred to a seemingly free and gender-equal married woman whose everyday life took an unexpected turn at the age of 50 when her husband was diagnosed with Alzheimer’s disease. Using an abductive method, we construct a narrative with this woman as the main character. We then use the narrative as an optical device for scrutinizing encounters between the notions “free and gender-equal woman” and “gendered next of kin”, analysing the situated becoming of gender and understanding the encounters’ potential for agency and resistance. The inquiry brings a pattern of gendered encounters into being, demonstrating how a seemingly free and gender-equal woman’s strength and independence become subordinating weaknesses in encounters with the welfare state. This paradox raises questions about the politics of everyday life in a presumably gender-equal society, brings new struggles onto the feminist agenda, and demands that the personal becomes political yet again.     

破产法与破产企业职工权益保障

破产企业职工的权益保护是我国破产法律制度的一项重要内容。本文结合我国企业破产法的有关最新规定,从破产债权、非破产财产、清偿顺序、试点城市国有企业与一般国有企业破产的区别等方面对破产企业职工保护的若干法律规定进行了研究和阐述。     

Showdown at Nissan: the 1989 campaign to organize Nissan in Smyrna,Tennessee, and the rise of the transplant sector

In July 1989, workers at Nissan’s plant in Smyrna, Tennessee, voted 1622 to 711 against being represented by the United Automobile Workers of America (UAW). At the time, many reporters saw the well-publicized Nissan vote – dubbed a ‘showdown’ by the New York Times – as a defining moment in modern labor history. The election deserves further exploration, especially as it played a key role in establishing the non-union ‘transplant’ sector. UAW leaders blamed the Smyrna loss on Nissan’s anti-union tactics, while the company claimed that workers did not need a union because they were already well paid (although this was largely due to the UAW’s presence). This article is the first to provide a detailed analysis that draws on the union’s records of the campaign, as well as many other sources. While the factors cited publicly were important, the article demonstrates that there were additional reasons for the union’s defeat, including internal divisions, unanticipated staffing problems, and the logistical challenge of organizing such a big – and new – facility. Although Nissan workers had many grievances, the company also fostered loyalty by not laying off workers, and by expanding the plant. Finally, it secured a high level of community support, and drew off the conservative political climate of the era.     

Gender,ethnicity and feminism: an intersectional analysis of the lived experiences feminist academic women in UK higher education

Studies have begun to explore how those women academics committed to social justice, namely feminist academics, are navigating the increasingly managerial Academy. To understand how these multiple social identities, including gender and ethnicity, interact and intersect, this paper adopts an intersectional approach to understanding the heterogeneity of women’s experiences in academia. Five focus groups with feminist academics (n = 6–10 in each focus group) reveal concerns of hampered career progression as a consequence of being female and openly feminist. Some ethnic minority academics felt that they were forced to choose between a feminist identity or that of their ethnic background. For some women, their feminist identity provided opportunities for challenging dominant practices. The paper concludes that the heterogeneity of feminist academics’ experiences within academia is under-researched and that the lens of intersectionality helps to illuminate this. This paper advances understanding of multiple identities at work, though demonstrating that intersectionality can lead to the accumulation of advantage as well as disadvantage in relation to social identities such as gender and ethnicity, and a political identity such as feminist.     

新时代劳动教育政策的“渐进一多源流”分析：调适、耦合与发展

劳动教育是中国特色社会主义教育制度的重要内容,新时代加强劳动教育具有重大的时代价值和战略意义。本研究运用修正的“渐进—多源流理论”分析了新时代劳动教育政策的制定过程。研究发现:劳动教育的不良指标、负面的政策反馈、焦点问题和事件构成问题源流;执政理念和价值选择、民意表达构成了政治源流;领导核心的推动作用、专家学者的政策建议、地方探索和经验、网络媒体的助推形成政策源流;习近平总书记在2018年全国教育大会上关于加强劳动教育的讲话打开了政策之窗。研究认为,在有限理性视野中,新时代劳动教育政策的制定是一个渐进调适的过程,中国语境下本土化因素对各源流产生重要影响,各源流渐进性明显,要关注网络对各源流带来的变化和影响,强化政策执行、协同推进。     

关于职工董事监事身份的理论思考

本文旨在通过对职工董事监事身份及其身份的产权基础、利益基础、法律基础的理论研究 ,论证职工董事、监事的双重身份。为职工董事、监事制度的建立寻找理论根据 ,更好地发挥职工董事、监事的作用。