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.     

Barriers to Gender Equality in the Canadian Legal Establishment

In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and subtler forms of discrimination and exclusion. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, women remain on the margins of power and privilege in law practice. Our analysis of contemporary official data on the Canadian legal profession demonstrates that women are under-represented in private practice, have reduced chances for promotion, and are excluded from higher echelons of authority, remuneration, and status in the profession. Yet, the contemporary picture of the legal profession also reveals that women are having an important impact on the profession of law in Canada by introducing policy reforms aimed at creating a more humane legal profession. 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.     

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.

对男女平等的再认识——兼论男女是否应当同龄退休

提倡男女平等,是社会进步的表现,体现了时代的文明。但男女平等不能简单地理解为男女一模一样。真正的男女平等应该体现在针对女性的不同特点给于与男性不同的待遇,正如《婚姻法》规定最低结婚年龄男女有别,《劳动法》禁止安排女职工从事矿山井下、森林伐木等重体力劳动一样。就退休年龄而言,无论男女延长退休年龄都是发展趋势,在现阶段,可以试行弹性退休制,尊重个人的选择。     

Gender discrimination in Vietnam: the role of personal face

This paper examines gender discrimination using two novel perspectives: its relationship with personal face and its manifestation in contemporary Vietnam. Interviews with a sample of college teachers in Nha Trang city suggest that gender discrimination is reflected in and institutionalised through learning and enacting ‘acceptable’ face-related behaviours. These processes are exemplified in gender based linguistic conventions, role differentiation and segregation, the higher value associated with male roles, the (surface) acceptance of double standards by both genders and the recognition of public sanctions as effective reinforcers of gender inequality. Despite limitations in generalising from this research, an approach based on personal face-related language, behaviour and attitudes has promise for understanding how gender inequality functions at both individual and societal levels.     

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.     

`The Capabilities Approach', `The Imaginary Domain', and `Asymmetrical Reciprocity': Feminist Perspectives on Equality and Justice

In this article the author revisits the question of how feminist theory/theories could address questions regarding universalism, sameness, difference, and the quest for justice. She reconsiders the quest for justice and equality for women and the (im) possibilities of a feminist perspective on justice and a feminist `community'. The three feminist theorists that she discusses are Martha Nussbaum, Drucilla Cornell, and Iris Marion Young. Nussbaum is closer to a liberal defense of universal values – Cornell and Young stand critical of liberalism and focus on sublimity, dignity, and asymmetrical reciprocity. The author supports the perspective of the latter two theorists and applies these perspectives to aspects of South African equality jurisprudence. She also considers critically the extent to which the Draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa breaks with liberal universalism and sameness. To the end she supports a notion of` slowing down' in order to protect women's freedom and dignity, to approach each other with wonder and respect. This revised version was published online in July 2006 with corrections to the Cover Date.     

Gender Mainstreaming Strategies in the E.U.: Delivering on an Agenda?

Recent years have witnessed the emergence of anew policy style within the E.U., characterized by voluntary policy transfer between member states and soft policy instruments including exchange of best practice, targets, benchmarking and national league tables. This article examines how these methods have been used by gender mainstreaming advocates and evaluates the impact of this strategy to-date upon E.U. policy-making procedures and outputs. It is argued that mainstreaming has provided new opportunities for feminists to influence the E.U. policy agenda, but that the impact of mainstreaming varies between sectors and member states. The concluding section considers the implications of E.U. mainstreaming from the perspective of the European Women's Lobby(E.W.L.). This discussion highlights the potential opportunities and risks for feminists of mainstreaming. This revised version was published online in July 2006 with corrections to the Cover Date.     

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. This revised version was published online in July 2006 with corrections to the Cover Date.