Women, Law and Employment in Pakistan: from ‘Protection’ to ‘Equal Treatment’?

1996 ◽  
Vol 1 (3) ◽  
pp. 207-232 ◽  
Author(s):  
Siobhan Mullally
Keyword(s):  
Public Sphere ◽  
Legal Regulation ◽  
Equal Treatment ◽  
Domestic Sphere ◽  
The Public ◽  
Legislative Reform ◽  
Women's Participation ◽  
Labour Legislation ◽  
International Labour Standards ◽  
The Public Sphere

This paper examines the legal regulation of women's employment in the public sphere in Pakistan. A large part of the legislation relating specifically to the employment of women is highly protective in nature. The 1973 Constitution of Pakistan assumes that women are in need of protection. This assumption is reflected in the labour legislation and in the international labour standards that have been adopted by Pakistan. Much of the existing Labour Code is a legacy of the colonial period and reflects the concerns of the early British factory movement to preserve female modesty and ‘protect’ women's roles within the domestic sphere. This paper attempts to identify those areas of the law most in need of reform if the protective approach to women's participation in the public sphere is to be transcended. Although legislative reform does not necessarily lead to a change in workplace practices, the existence of discriminatory legislation, gaps in existing legislation and a lack of adequate enforcement machinery constitute significant institutional barriers to women's participation in the public sphere. For these reasons, it is argued, calls for law reform and a focus on legislative reform as a strategy for change may be justified.

Soft Force

2017 ◽  
Author(s):  
Ellen Anne McLarney
Keyword(s):  
Public Sphere ◽  
Women's Leadership ◽  
World Economic Forum ◽  
The Public ◽  
Political Work ◽  
Public Figures ◽  
Women's Participation ◽  
Global Leader ◽  
World Economic ◽  
The Public Sphere

This chapter focuses on the work of Heba Raouf Ezzat. Ranked the thirty-ninth most influential Arab on Twitter, with over 100,000 followers, voted one of the hundred most powerful Arab women by ArabianBusiness.com, and elected a Youth Global Leader by the World Economic Forum, Raouf Ezzat has articulated and disseminated her Islamic politics in a global public sphere. Her writings and lectures develop an Islamic theory of women's political participation but simultaneously address other contested questions about women's leadership, women's work, and women's participation in the public sphere. Heba Raouf Ezzat is one of the most visible public figures in the Arab and Islamic world today, a visibility that began with her book on the question of women's political work in Islam, Woman and Political Work.

Secular–Religious Competition and the Exclusion of Islam from the Public Sphere: Islamic Welfare in Western Europe

2018 ◽  
Vol 12 (3) ◽  
pp. 433-456 ◽  
Author(s):  
Matthias Kortmann
Keyword(s):  
The Netherlands ◽  
Public Sphere ◽  
Western Europe ◽  
Equal Treatment ◽  
The Public ◽  
Social Service Delivery ◽  
Religious Competition ◽  
The Public Sphere ◽  
Islamic Organizations

AbstractThis paper deals in a qualitative discourse analysis with the role of Islamic organizations in welfare delivery in Germany and the Netherlands. Referring to Jonathan Fox's “secular–religious competition perspective”, the paper argues that similar trends of exclusion of Islamic organizations from public social service delivery can be explained with discourses on Islam in these two countries. The analysis, first, shows that in the national competitions between religious and secular ideologies on the public role of religion, different views are dominant (i.e., the support for the Christian majority in Germany and equal treatment of all religions in the Netherlands) which can be traced back to the respective regimes of religious governance. However, and second, when it comes to Islam in particular, in the Netherlands, the perspective of restricting all religions from public sphere prevails which leads to the rather exclusivist view on Islamic welfare that dominates in Germany, too.

scholarly journals A Prohibition to Receive Remuneration (Gifts) in Connection with the Performance of Official Duties as a Measure of Anti-Corruption Criminological Security

2020 ◽  
Vol 14 (5) ◽  
pp. 660-675
Author(s):  
Irina Damm ◽  
Aleksey Tarbagaev ◽  
Evgenii Akunchenko
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Civil Service ◽  
Legal Regulation ◽  
Civil Code ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
The Public Sphere ◽  
To Receive

A prohibition for persons holding government (municipal) positions, for government (municipal) employees, and some other employees of the public sphere who are public officials to receive remuneration (gifts) is aimed at preventing bribery (Art. 290, 291, 291.2 of the Criminal Code of the Russian Federation), and could be viewed as a measure of anti-corruption criminological security. However, the existing collisions of civil, administrative and criminal law norms that regulate this prohibition lead to an ongoing discussion in research publications and complexities in practice. The goal of this research is to study the conditions and identify the problems of the legal regulation of receiving remuneration (gifts) in connection with the performance of official duties that prevent the implementation of anti-corruption criminological security. The authors use the legal theory of security measures to analyze the provisions of Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation and Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», examine the doctrinal approaches to defining the priority of enforcing the above-mentioned norms, study the significant features of the category «ordinary gift» and conduct its evaluation from the standpoint of differentiating between gifts and bribes, also in connection with the criteria of the insignificance of the corruption deed. The empirical basis of the study is the decisions of courts of general jurisdiction. The authors also used their experience of working in Commissions on the observance of professional behavior and the resolution of conflicts of interests at different levels. The conducted research allowed the authors to come to the following fundamental conclusions: 1) the special security rule under Clause 6, Part 1, Art. 17 of the Federal Law «About the Public Civil Service in the Russian Federation», which sets a full prohibition for government employees to receive remuneration (gifts) in connection with the performance of official duties, contradicts Clause 3, Part 1, Art. 575 of the Civil Code of the Russian Federation (the existing legal-linguistic vagueness of categories in Art. 575 of the CC of the RF leads to problems in law enforcement and makes a negative impact on the anti-corruption mentality of people); 2) as the concepts «gift» and «bribe» do not logically intersect, the development of additional normative legal criteria for their delineation seems to be unpromising and will lead to a new wave of scholastic and practical disagreements; 3) the introduction of a uniform and blanket ban on receiving remuneration (gifts) in the public sphere by eliminating Clause 3, Part 1, Art. 575 of the CC of the RF seems to be an effective measure of preventing bribery, and its application is justified until Russian society develops sustainable anti-corruption mentality.

scholarly journals Dinamika Relasi Gender, Fakultas dan Lembaga di Lingkungan Universitas Malikussaleh: Catatan Awal

SIASAT ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 24-38
Author(s):  
Jamaluddin Jamaluddin ◽  
Apridar ◽  
Nanda Amali ◽  
Al Chaidar
Keyword(s):  
Public Sphere ◽  
Cultural Control ◽  
Domestic Sphere ◽  
Double Burden ◽  
Domestic Environment ◽  
Cultural Perception ◽  
The Public ◽  
Family And Household ◽  
The Public Sphere ◽  
Public Environment

This article argues that in the context of Malikussaleh University, the position of women is still often confronted with the position of men. The position of women is always associated with the domestic environment related to matters of family and household. While the position of men is often associated with the public environment related to matters outside the home. In a social structure, the position of such women is difficult to balance the position of men. Women who want to take part in the public sphere, it is still difficult to escape from their responsibilities in the domestic sphere. Women in this case are powerless to avoid the double burden because their duties as caretakers are a general cultural perception. Cultural control seems to be more stringent to women than men

Constructing Freedom: Institutional Pathways to Changing the Gender Division of Labor

2014 ◽  
Vol 12 (1) ◽  
pp. 81-99 ◽  
Author(s):  
Elizabeth K. Markovits ◽  
Susan Bickford
Keyword(s):  
Social Construction ◽  
Public Sphere ◽  
Division Of Labor ◽  
The Public ◽  
Gender Division Of Labor ◽  
Women's Participation ◽  
The Social ◽  
Paid Labor ◽  
Democratic Freedom ◽  
The Public Sphere

In recent years, there has been renewed public discussion regarding the relationship between women’s equality and their traditional responsibility for carework. In this essay, we analyze the structures of choice and constraint that continue to produce the gender division of family labor and thus women's unequal participation in the public sphere. We conceptualize this as a problem of democratic freedom, one that requires building institutional pathways to sustain women's participation. Drawing on Nancy Hirschmann's arguments about processes of social construction and their relation to freedom, we argue that gender inequality in the public sphere means that women are unfree, in the sense that they are not participating as peers in the material and discursive processes of social construction that then help to shape their own desires and decisions. We use that framework to analyze the current landscape in which different subgroups of women make decisions about paid labor and care work. Our goal is to bring into view the way the social construction of desire interacts with the material context to underwrite inequality between women and men and across different groups of women. Gender equality and the project of democracy require participatory parity between women and men in the public sphere. We therefore turn in our last section to an effort to imagine how public policies could construct pathways that can help interrupt and undo the gender division of labor, and thus better support democratic freedom.

scholarly journals KEDUDUKAN PEREMPUAN DALAM PERKAWINAN (Analisis UU RI. No. 1 tahun 1974 Tentang Posisi Perempuan)

2017 ◽  
Vol 10 (2) ◽  
pp. 292-312
Author(s):  
Saidah Saidah
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
Marriage Law ◽  
Domestic Sphere ◽  
The Public ◽  
The Public Sphere ◽  
Islamic Marriage ◽  
Taking Care

This paper attempts to highlight the existence of Law No. 1 of 1974 on Marriage which is gender biased. The position of the husband as the head of the household (leader) has the responsibility of living for his family, so that their duty is in the public sphere while the wife is a housewife serving in the domestic sphere, taking care of the child and husband, which is considered to imprison women's space into the public space. The position of women in Islamic marriage law can be seen on several sides, ie women in the Qur'an and Hadith, in history and in the book of fiqh.

scholarly journals KEDUDUKAN PEREMPUAN DALAM PERKAWINAN (Analisis UU RI. No. 1 tahun 1974 Tentang Posisi Perempuan)

2017 ◽  
Vol 10 (2) ◽  
pp. 292-312
Author(s):  
Saidah Saidah
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
Marriage Law ◽  
Domestic Sphere ◽  
The Public ◽  
The Public Sphere ◽  
Islamic Marriage ◽  
Taking Care

This paper attempts to highlight the existence of Law No. 1 of 1974 on Marriage which is gender biased. The position of the husband as the head of the household (leader) has the responsibility of living for his family, so that their duty is in the public sphere while the wife is a housewife serving in the domestic sphere, taking care of the child and husband, which is considered to imprison women's space into the public space. The position of women in Islamic marriage law can be seen on several sides, ie women in the Qur'an and Hadith, in history and in the book of fiqh.

scholarly journals Missionary Women as Educators: The CMS School in New Zealand, 1823-1835

1994 ◽  
Author(s):  
Tanya Fitzgerald
Keyword(s):  
New Zealand ◽  
Public Sphere ◽  
Early Period ◽  
Domestic Sphere ◽  
The Public ◽  
Private World ◽  
British Colonization ◽  
Public World ◽  
The Public Sphere ◽  
Missionary Women

Much of the literature on the early period of British colonization of New Zealand has assumed that missionary men participated in the public world of work while their wives participated in the private world of the home. As women have been seen as occupying the domestic sphere of the home, historians have further viewed their work as relatively unimportant. Across this literature it is also usually assumed that—probably because men were engaged in the 'public sphere'—it was the missionary men who were responsible for providing education. This paper concentrates on the activities of two early missionary women, Marianne Williams and her sister-in-law, Jane Williams. There is concrete evidence to suggest that these women were sent to New Zealand as part of the first wave of missionary women to 'civilize' Maori by converting them to Christianity. As women and educators, Marianne and Jane played critical roles in the success of the mission and, as will be argued, their presence in the mission station permitted missionary men to undertake their duties. 

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