scholarly journals Federalism and Gender Equality

2018 ◽  
Vol 46 (4) ◽  
pp. 491-519
Author(s):  
Susan H Williams

Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the interaction between the two. This article seeks to provide a summary of the existing literature on this intersection, to apply the insights of that literature to the case of Myanmar, and to offer a contribution concerning the theoretical connections between federalism and gender equality. The analysis generates four primary conclusions. First, federalism is inherently neither good nor bad for gender equality: it all depends on the details of the federal system and the context in which they are applied. Second, there are, nonetheless, some guidelines that can be gleaned from the experiences of countries around the world about the design elements that can make federalism more or less useful for promoting gender equality under different conditions. Third, applying these elements in the case of Myanmar suggests that women's organisations might make common cause with the ethnic minority groups that are negotiating with the government and the army over federalism issues because the women share with these groups certain goals with respect to federal systems. And fourth, there is a connection between gender and federalism, not at the pragmatic or design level, but at the theoretical level. This connection concerns the type of (ideal) orientation that is required of citizens in a federal system and the ways in which that orientation might be valuable for gender equality. It is, then, the character of federal citizens, rather than the federal system itself, that could be inherently beneficial to gender equality.

2007 ◽  
Vol 2 (1) ◽  
Author(s):  
Holly Randell-Moon

In 2005 and 2006 members of the John Howard led Coalition Government, including the Prime Minster and Federal Treasurer Peter Costello, questioned whether Muslim dress, such as the hijab, conformed with ‘mainstream’ Australian standards of secularism and gender equality. In doing so, Howard and Costello used a feminist-sounding language to critique aspects of Islam for purportedly restricting the freedom and autonomy of Muslim women. I argue that race is implicated in the construction of Islam as a “threat” to secularism and gender equality because an unnamed assumption of the Australian ‘mainstream’ as Anglo-Celtic and white informs the standards of normalcy the Government invokes and constructs Islam as a ‘foreign’ religion. Further, whilst the demand for Muslim women to conform with ‘mainstream’ norms potentially contradicts the Government’s commitment to women’s autonomy, such a contradiction is not peculiar to the Howard Government. Using the work of Jean-Luc Nancy and Stewart Motha, I place the ‘hijab debates’ within the tension in liberal democracies between fostering autonomy and requiring a universal civil law to guarantee (but exist above) individual autonomy.


Significance The response underlines the military's continued internal security role but, given that the restive areas are home to large Rohingya populations, also highlights residual political sensitivity about the military's position and the importance of effective government-military relations. Impacts An immediate trigger for civil-military frictions could be a breakdown in peace negotiations with ethnic minority groups. The government will struggle to convince military leaders that wide concessions to armed ethnic groups are needed. Centralisation of power within the NLD will hamper junior civilian leaders gaining experience of working with the military. In time, the military's economic influence will be politically problematic for the NLD.


Author(s):  
Inayatul Ulya

Abstract Gender equality-based education is education that accommodate gender differences. This study aims to reveal the gender sensitivity insocial and educational as well as identify government policies in building gender equ ality and its applications in formal education. This study is qualitative with an inventory of government policies in building gender equality, and then analyze it with the reality of education in Indonesia. The approach used in this study is referring to the normative approach to the study of government policies in enforcing gender equality and its applications in formal education. The research data was collected using the techniques of literary study (library research). Materials that have been acquired and processed is described and analyzed by using descriptive interpretative paradigm and gender analysis. Although many efforts have been taken by the government for the realization of gender equality, but in the education sector still  show gender inequality. The indication can be seen from three aspects, they are not unequal participation in education for women, unequal educational material as well as the selection of majors unequal proportions of men and women. The phenomenon is not yet reflect the totality of gender equality education. Keywords:pendidikan, kesetaraan gender, kebijakan pemerintah


Author(s):  
Thorgerdur Einarsdóttir ◽  
Thorgerdur Thorvaldsdóttir

The article explores recent theoretical debates on intersectionality and gender equality. It addresses problems and potentialities of the emerging ‘equality for all’ policies, drawing upon empirical examples from equality work in Iceland (equal opportunities workers, minority groups, the City of Reykjavik and the University of Iceland). Practical equality work will be viewed through the lenses of feminist theories on ntersectionality and related to wider political context and gender discourse in Iceland. These empirical examples are analyzed in light of the theoretical background, in particular, the different models, discussed by Verloo (2006) and Squires (2005) regarding how practical equality work can be dealt with. By bringing together theory and praxis, light will be shed on some of the problems and possibilities that are bound up with the different approaches.


2021 ◽  
Vol 6 (2) ◽  
pp. 172-190
Author(s):  
Ani Purwanti ◽  
Dyah Wijaningsih ◽  
Muh. Afif Mahfud ◽  
Fajar Ahmad Setiawan

The research objective was to analyze the problem of fisherwomen empowerment and gender equality based on legal reviews in Indonesia. The research method used is normative legal studies. The results of the study found that there are discriminatory implications in Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers or commonly referred to as the PEF Act (Protection and Empowerment of Fishermen) which is not in line with the empowerment of fisherwomen and is in conflict with gender equality. The findings make it clear that fisherwomen, unlike other economic actors in the fishing industry, are the most overlooked group rooted in socio-cultural prejudice. The PEF Act does not specifically recognize or even mandate any form of affirmative action for fisherwomen to gain equal access to protection and empowerment programs. This causes fisherwomen who have been culturally forcibly placed in households and away from the fishing industry. But instead, the PEF Act dwarfed the position of women as a mere secondary role in fishery households instead of the main breadwinner. Therefore, this study suggests that the government should make a strict amendment to the PEF Act. Namely recognizing gender equality in the role of fisherwomen and followed by reforming gender mainstreaming in the fisheries bureaucracy to accommodate fisherwomen's rights to access community empowerment programs for fishing communities.


2016 ◽  
Vol 45 (4) ◽  
pp. 520-541
Author(s):  
Sushmita Nath

In academic writings on multiculturalism in India the “ Shah Bano controversy” (1985–1986) has been a much cited example of the incompatibility between gender equality and cultural diversity. As a response to the Supreme Court’s Shah Bano verdict in 1985, the then Congress-led Indian government introduced the Muslim Women (Protection of Rights on Divorce) Act, 1986. In this article, I analyze the parliamentary debates on the aforementioned Act in order to examine the dominant normative vocabulary of the Indian state in debating the issue of religious freedom versus demands for democratic citizenship rights. Such an exercise sheds light on how the Indian state has reconciled group-differentiated rights – the legal recognition of Muslim Personal Law in this case – with the liberal democratic principles enshrined in the Constitution of India. The analysis of the parliamentary debates on the Muslim Women’s Bill shows, firstly, that when purportedly incommensurable demands of gender-justice and religious freedom come to an elected deliberative forum, it is not necessary that such demands are resolved through “consensus” or through “negotiation and compromise,” as has been argued by multicultural theorists. Secondly, the analysis of the parliamentary debates also demonstrates that while the proponents of the Bill prioritized group rights at the expense of individual rights, the opponents neglected the concern that vulnerable minority groups should be accorded differential treatment. I thus contend that both the proponents and the opponents of the Muslim Women’s Bill in the Parliament argued in terms of formal equality and lacked arguments based on substantive equality. Finally, I argue that although the Congress government prioritized group rights in the parliamentary debates, it did not give up the ideal of a common civil code, such that the government left the question of accommodating gender-equality concerns unresolved. It was thus left to the judiciary to determine whether to further entrench legal pluralism in the family law of India.


2021 ◽  
pp. 1866802X2110242
Author(s):  
Priscilla Lambert ◽  
Druscilla Scribner

Gender equality provisions have become nearly standard in constitutional design for new democracies. How do such provisions affect the ability of women’s rights advocates to achieve social change? To address this question, we compare the political use (legislation, policy, and judicial interpretation) of these provisions in Chile and Argentina, countries that differ with respect to how they have constitutionalised gender rights. The comparative analysis demonstrates how gender-specific constitutional provisions provide a legal basis and legitimacy for women’s rights advocates to advance new policy, protect policy gains, and pursue rights-based cases through the courts.


2018 ◽  
Vol 4 (1) ◽  
pp. 40-61
Author(s):  
Anil P. Dongre

Societal development in a sustainable way is always treated as a better goal than the economic and political development of the society. Rather, it would be pertinent to say that without social development we cannot attend to the economic and political development of mankind. Keeping this thought alive, policy makers in India since the beginning of policy implementation after independence focused more rigorously on strategizing programs and plans for achieving socially sustainable development. This article aims to discuss policies, programs, and strategies formulated and implemented by the Government of India, subjected to social development. It elaborates on the constitutional provisions, planning endeavors, trends and analysis of the attribute of sustainable development such as education, employment policies and strategies, and gender equality and women empowering policies of the government.


Author(s):  
Makanatsa Makonese

The 2013 Constitution of Zimbabwe has been hailed as a modern and progressive Constitution that addresses contemporary human rights issues, including gender equality and the promotion of women’s rights. It clearly provides for gender parity in public bodies, including in elective positions. The affirmative action provisions on a women’s quota in the National Assembly and gender equality in party lists for Senators have been useful in increasing the number of women in parliament. However, even with these improvements, the mere existence of the progressive Constitution has not led to gender parity in the Parliament of Zimbabwe or in other elective or public institutions such as local councils and cabinet. This is mainly because key actors and structures such as political parties, the government, and the successive Presidents of Zimbabwe have not fully adhered to the provisions of the Constitution regarding gender equality in public bodies, except where the Constitution provides explicit guidance on how to achieve this. The enactment of legislation to operationalize some of the less explicit provisions of the Constitution may therefore be useful in ensuring compliance with the gender equality provisions in relation to parliament and other public bodies in the country.


2011 ◽  
Vol 6 (1) ◽  
pp. 3
Author(s):  
Hardisman Hardisman

Indonesia masih menghadapi masalah malnutrisi pada anak. Untuk menanggulanginya pemerintah telah melakukan berbagai upaya, diantaranya program kesehatan ibu dan anak serta pemberian makanan tambahan bagi anak dari keluarga yang rentan. Meskipun demikian, kasus malnutrisi anak di Indonesia tidak berkurang secara bermakna. Tulisan ini bertujuan membahas penyebab malnutrisi yang masih menjadi masalah besar dengan mengkaji dari sudut pandang gender. Studi ini dilakukan berdasarkan kajian kepustakaan dan analisis dokumen. Analisis gender terhadap kasus malnutrisi dilakukan dengan menggunakan Harvard Framework serta Moser and Liverpool Guideline. Studi ini memperlihatkanbahwa kasus malnutrisi anak di Indonesia sangat dipengaruhi oleh kondisi sosial, budaya, dan ekonomi, termasuk tingkat pendidikan dan kesetaraan gender. Dalam perspektif gender, malnutrisi anak merupakan akibat dari kurangnya hak kepemilikan sumber daya bagi perempuan dalam keluargadan masyarakat. Beban kerja berat perempuan dalam keluarga yang mempengaruhi kondisi kesehatan juga akhirnya berdampak pada kondisi gizi anak. Oleh karena itu, berbagai strategi yang dilakukan untuk meningkatkan status gizi anak harus mengandung nilai-nilai kesetaraan gender.Kata kunci: Malnutrisi anak, kesetaraan gender, perempuan, status giziAbstractIndonesia still faces child malnutrition problem almost in all regions in the country. The government has done efforts to address the problem, such as mother and child health program in ministry of health and nutrition program through supplementary feeding for venerable group. However, the casesdos not decrease significantly. This paper looks at why child malnutrition is still a big problem in the country by exploring trhough gender perspectives in addressing the problem. This study is based on literature and documents analysis. The gender analysis toward child malnutrition case is conductedthrough the framework of Harvard and Moser and Liverpool guideline for analysis gender and health. This study reveals that child malnutrition cases in Indonesia are strongly influenced by sociocultural and economic factors in the country, including education attainment and gender equality. Fromgender’s perspective, child malnutrition is as a result of lack of control over the resources within the family and the community. Also, triple role of women within the family affects on women health wellbeing and the child nutrition status. Therefore, the strategies to improve child nutrition status should incorporate gender equality values.Key words: Child malnutrition, gender equality, women, nutrition status


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