Harmonizing the Resistance, Resisting the Harmony: A Critical Discourse on the Reconstruction of Indigenous Theory of Gender Justice in Hong Kong

2008 ◽  
Vol 36 (1) ◽  
pp. 79-103 ◽  
Author(s):  
Man-Chung Chiu
Keyword(s):  
Hong Kong ◽  
Gender Equality ◽  
Gender Discrimination ◽  
Chinese Culture ◽  
Sex Discrimination ◽  
Legal Culture ◽  
Han Chinese ◽  
Customary Law ◽  
Gender Justice ◽  
Legal Reforms

AbstractIn Hong Kong, even though the Bill of Rights Ordinance (the localized version of ICCPR), Sex Discrimination Ordinance and a series of legal reforms were enacted and introduced respectively in 1991 and 1994, gender discrimination in legal discourse still persists. Chinese customary law, which only recognises the male's right to build small houses in the New Territories, remains an exception under the Sex Discrimination Ordinance; and the oppression of (female) sex workers is not yet recognized. Some politicians argue that discrimination is inherent in the Han-Chinese culture of harmony, which is impossible to understand from the Euro-American individual-centric perspective of gender equality. They further quote Daoist YIN-YANG cosmology where YANG/Male/Masculinity is supreme; and Confucian Constant Virtues where women are marginalized as examples showing that Han-Chinese culture, where harmony is hegemonized, cannot tolerate or accept gender equality. This paper adopts a critical perspective in examining the above arguments and points out not only that a “pure” version of patriarchal socio-legal culture in the name of harmony hegemony does not exist, but (indigenous) culture should always be meticulously and critically represented in order to reproduce “justice”. I would also argue that it is possible to scrutinize and explore the spaces of resistance within the Hong Kong Han-Chinese socio-legal culture, where foreign theories of gender justice/equality and related legal reforms can be examined.

scholarly journals The Changing Identity on Succession to Chieftaincy in the Institution of Traditional Leadership: Mphephu v Mphephu-Ramabulana (948/17) [2019] ZASCA 58

2020 ◽  
Vol 23 ◽  
pp. 1-25
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Customary Law ◽  
Leadership Roles ◽  
Leadership Positions ◽  
The Supreme Court ◽  
Traditional Leadership ◽  
The Republic ◽  
The Right ◽  
New Democracy

The institution of traditional leadership has from time immemorial been central to traditional authority in the system of customary law. After the dawn of democracy in 1994, the role was fundamentally entrenched in the Constitution of the Republic of South Africa, 1996. The entrenchment would seem to entail the development of a new set of norms and a new ethos in customary law in line with the ideals of the new democracy, and the modification of certain aspects of the system. Of great significance for the transformation of the system is the promotion of the right to gender equality with reference to women's succession to the throne. Various commentators argue for this as an attempt to transform the culture of domination entrenched in a patriarchal system that always undermined the rights of women. Against this background, this article undertakes a comparative analysis of the recent judgments of the Supreme Court of Appeal in Mphephu v Mphephu-Ramabulana 2019 7 BCLR 862 (SCA) and Ludidi v Ludidi 2018 4 All SA 1 (SCA) to determine whether the succession of women to the throne is evidence of the desired transformation of the institution of traditional leadership. The article argues that these judgments have initiated a transformation which has the potential to destroy the identity of the institution of traditional leadership by paving the way for the nomination of women to occupy not just any leadership position in the chieftaincy but the throne itself. It also argues that the interpretation of the right to gender equality through the lens of common law instead of in its own context, which has a communal focus, compromises the transformative or developmental agenda of the institution of traditional leadership as envisaged in the Constitution. The discussion is limited to succession to the "throne" and is not applicable to other leadership positions such as occur in matrilineal systems, or regency and other such traditional leadership roles. This is also not a comparative study that considers other jurisdictions, is further limited to the concept of "gender discrimination", and does not deal with the other technicalities that were raised in these cases.

Challenging Male Dominance in Norm-Making in Contexts of Legal Pluralism: Insights from the Andes

2018 ◽  
Author(s):  
Rachel Sieder ◽  
Anna Barrera Vivero
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Legal Pluralism ◽  
Indigenous Women ◽  
Male Dominance ◽  
Gender Justice ◽  
State Institutions ◽  
The Andes ◽  
Governance Systems ◽  
Citizenship Regimes

The gender participatory turn in the Andes has been accompanied by multicultural and plurinational citizenship regimes granting greater autonomy for indigenous self-governance and recognition of legal pluralism. While autonomy regimes have been criticized for legalizing gender discrimination in customary systems, this chapter emphasizes the diverse strategies deployed by indigenous women to improve their participation and secure greater gender justice within communal governance regimes—systems they defend as more accessible than state institutions. In some cases positive synergies have developed between the parity movement and indigenous women’s struggles for voice. In other cases, the absence of cross-class alliances, racism, and party political calculations and interests have impeded the development of a transformative agenda for advancing women’s interests. Evidence from the Andes suggests that strategies of claiming voice and greater participation within indigenous governance systems are complementary to national approaches for advancing gender equality, not in conflict with them.

scholarly journals RECONSTRUCTION OF LEGAL CULTURE OF POLITICAL PARTY IN RECRUITMEN OF LEGISLATIVE MEMBERS WITH GENDER EQUALITY

2018 ◽  
Vol 2 (2) ◽  
pp. 131
Author(s):  
Baharudin Baharudin
Keyword(s):  
Political Parties ◽  
Gender Equality ◽  
Political Party ◽  
Legal Culture ◽  
Gender Justice ◽  
Research Approach ◽  
Political Rights ◽  
Representation Of Women ◽  
Patriarchal Ideology ◽  
The Republic

<p>The legal culture of political parties in the recruitment of legislative<br />candidates with gender law in Bandar Lampung City is based on a "legal culture" to reveal the legal culture of political parties in the recruitment of legislative candidates with gender equality. The problem: What is the legal culture of political parties in the recruitment of legislative policies that have gender justice, namely the recruitment of legislative candidates not yet gender justice. How to build an ideal community culture in recruiting legislative candidates with gender equality. This study uses the constructivism paradigm, the socio-legal research approach, which is analyzed by Struss and Corbin models. The round of this study: 1. Political parties appear in recruitment and legislative legislation has not yet been adopted in the legal culture, because it still separates women's rights. 2. The legal culture of political parties in the recruitment of legislative candidates has no gender, which is caused by the factors of political parties participating in the election that are still recruiting and in accordance with patriarchal ideology, 3. The ideal legal construction of political parties in recruiting legislative candidates with gender equality, namely recruiting legislative candidates must be fair, not separate women's political rights to be nominated or appointed as<br />legislative candidates in general elections, fulfill legal requirements, not only fulfill 30% representation of women, must be prepared through cadres, education and training, have become members of a political party of at least 6 months to 1 year, noble, loyal, dedicated, and loyal to Pancasila and the 1945 Constitution of the Republic of Indonesia.</p>

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

scholarly journals Blending Myth and Modernity in the Global Chinese Cinema: The Hong Kong Action Hero in Zhang Yimou-Directed Hero

2018 ◽  
Vol 32 (2) ◽  
pp. 37-56
Author(s):  
Dhruba Karki
Keyword(s):  
Hong Kong ◽  
Martial Arts ◽  
Chinese Culture ◽  
Body Art ◽  
Modern China ◽  
Chinese History ◽  
Technological Advancement ◽  
Chinese Cinema ◽  
Chinese Empire ◽  
Action Hero

 Zhang Yimou’s Hero presents an action hero, yet in a slightly different cinematic mode than that of Stephen Chow-directed Shaolin Soccer to blend myth and modernity. In Yimou’s martial arts cinema, Jet Li-starred Nameless hero uses martial arts to combat the king’s adversaries, including Donnie Yen-starred Long Sky, Maggie Cheung-starred Flying Snow and Tony Leung Chiu-Wai-starred Broken Sword in the service to the Qin Dynasty (221 BC – 207 BC). The warrior hero’s indigenous body art helps the Qin Dynasty transform the smaller warring kingdoms into a powerful Chinese Empire, a strong foundation of modern China with economic and military superpower. Like their western counterparts, including T1000 and Neo, the Hong Kong action heroes, such as the warrior hero and the Qin King have been refashioned in the Hollywood controlled twentieth-century popular culture. Different from their Hollywood counterparts in actions, the Hong Kong action heroes in Hero primarily use their trained bodies and martial skills to promote the Chinese civilization, an adaptation of the Hollywood tradition of technologized machine body. Reworking of myth and archetype in Nameless’s service to the Qin Dynasty and the emperor’s mission to incept the Chinese Empire, the Hong Kong action heroes appear on screen, a blend of tradition and modernity. The film industry’s projection of the Chinese history with the legendary action heroes, including Nameless soldier and the Qin King globalizes the indigenous Chinese culture by using modern electronic digital technology, a resonance of the western technological advancement.

46 The Hidden Truth About Gender Bias in Surgery. A Systematic Review

2021 ◽  
Vol 108 (Supplement_2) ◽  
Author(s):  
C Wong ◽  
W H Lim ◽  
S R Jain ◽  
C H Ng ◽  
C H Tai ◽  
...  
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Work Conditions ◽  
Working Environment ◽  
Data Synthesis ◽  
Gender Barriers ◽  
Retention Factors ◽  
Full Text Review ◽  
Female Surgeons ◽  
Male Dominated

Abstract Introduction Gender discrimination remains pervasive in surgery, significantly impacting current and future surgeons and population health. This study analyses the gender barriers and critical retention factors for female surgeons and trainees in surgery. Method Five electronic databases were searched till May 2020. Titles and abstracts were sieved, followed by a full text review. Data synthesis and inductive thematic analysis were conducted using the Thomas and Harden methodology. Result 14 articles were included, involving 528 participants. Four themes were generated–unfavourable working environment, male-dominated culture, societal pressures and progress towards gender equality. Females in surgery often faced harassment, disrespect and perceptions of incompetence, resulting in hostile work conditions, which were aggravated by the inadequate support and mentorship. The persistence of male-dominated cultures was observed, with females facing prejudice and exclusion from professional and social circles. Differential treatment and higher expectations of female surgeons also arose from entrenched societal pressures. Despite these, increased acceptance of motherhood and greater recognition of contributions by female surgeons were reported, indicating some progress in gendered culture. Conclusions There is a need to increase female surgical leadership and allocate resources to address the deep-rooted causes of biased surgical culture and ingrained perceptions, to achieve greater gender equality in surgery.

Positive Duties and Gender Equality

2005 ◽  
Vol 8 (1-2) ◽  
pp. 91-120 ◽  
Author(s):  
Colm O'cinneide
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Fourth Generation ◽  
Positive Duty ◽  
Public Authorities ◽  
Substantive Equality ◽  
Promote Gender Equality ◽  
Positive Duties ◽  
And Gender ◽  
First Time

The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current government equality initiatives, increasingly constitute a major part of the work of the UK's equality commissions, and have been described as an essential part of a new ‘fourth generation’ of equality legislation. It now appears likely that a positive duty to promote gender equality will soon be imposed upon public authorities, which will complement similar race and disability duties. Will the introduction of this positive gender equality duty add to, detract or complement existing statutory provisions? Given the danger that ‘soft law’ initiatives may undermine existing anti-discrimination controls, will the duty provide a clear steer to public authorities, or will it lack teeth, substance and direction, and possibly even prove counter-productive? Such positive duties are designed to compensate for the limitations of existing anti-discrimination law, by requiring the taking of positive steps to promote equality and eliminate discrimination, rather than just compelling a reactive compliance with the letter of the (equality) law. The justifications in principle for the introduction of such duties are strong: for the first time, the introduction of a positive gender duty will impose a clear legislative obligation upon public authorities to adopt a substantive equality approach and to take proactive action to redress patterns of disadvantage linked to gender discrimination. Serious concerns do however exist as to the extent to which such duties can be enforced, and the danger that they will simply encourage greater bureaucratic activity at the expense of real change. The proposed gender duty, as with the other duties that have been introduced, is no panacea. Nevertheless, it does constitute a good start, can serve a useful function by empowering public authorities to take positive action, and if effectively used will be a very valuable point of pressure to push for better things.

scholarly journals Patriarcavirus, feminist dystopias and COVID-19: reflections on the phenomenon of gender pandemics

Feminismo/s ◽  
2021 ◽  
pp. 359
Author(s):  
Almudena Machado-Jiménez
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
Well Being ◽  
Female Empowerment ◽  
First Year ◽  
Value System ◽  
Female Population ◽  
Control Female ◽  
Female Bodies ◽  
Patriarchal Power

This essay examines contemporary feminist dystopias to study the phenomenon of gender pandemics. Gender pandemic narrative allegorises possible aftermaths of patriarcavirus, unleashing many natural disasters that force global biopolitics to hinder gender equality. The main objective of this essay is to explain how gender pandemics are appropriated in patriarchal utopian discourses as a pretext to control female empowerment, diagnosing women as diseased organisms that risk the state’s well-being. Moreover, the novels explore the interdependence between biology and sociality, portraying the acute vulnerability of female bodies during and after the pandemic conflicts, inasmuch as patriarchal power arranges a hierarchical value system of living that reinforces gender discrimination. Particularly, the COVID-19 emergency is analysed as a gender pandemic: the exacerbated machismo and the growing distress in the female population prove that women are afflicted with a suffocating patriarcavirus, which has critically gagged them in the first year of the pandemic.

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