Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

Equal Opportunity and Gender Disadvantage

1994 ◽  
Vol 7 (1) ◽  
pp. 61-71 ◽  
Author(s):  
Lesley A. Jacobs
Keyword(s):  
Affirmative Action ◽  
Equal Opportunity ◽  
Wage Gap ◽  
Equality Of Opportunity ◽  
Gender Inequalities ◽  
Pay Equity ◽  
Employment Equity ◽  
Equal Pay ◽  
And Gender ◽  
The Ideal

Recently, in Canada both the Federal Government and various provincial governments have introduced a series of measures intended to address gender inequalities in the workplace. These measures are of two basic types. Employment equity policies involve the implementation of affirmative action programmes designed to encourage the hiring and promotion of more women in, for example, the civil service. Pay equity policies have sought to institutionalize the principle of equal pay for work of equal value or, to use the American terminology, comparable worth. The aim of this paper is to resurrect the presently out of fashion view that the principles of affirmative action and comparative worth that underlie employment equity and pay equity can be defended on the grounds that they contribute to the realization of an ideal of equality of opportunity between men and women in Canadian society. This view, although once prevalent among those concerned with gender issues, has been pushed aside, largely because of doubts about the visionary depth of the ideal of equality of opportunity. It has been replaced instead by an ideal of equality of results which emphasizes the goal of reducing the gender wage gap. It is my intention here to formulate a principle of equality of opportunity that can incorporate recent feminist legal and political philosophy in a way that offers a promising way to analyze issues posed by gender inequalities in the workplace and, as a result, provide a clear rationale for the recent employment equity and pay equity initiatives in Canada.

scholarly journals SYARIAT ISLAM DALAM PERSPEKTIF GENDER DAN HAM

HUMANIKA ◽  
2019 ◽  
Vol 18 (1) ◽  
pp. 16-30
Author(s):  
Mohamad Ikrom
Keyword(s):  
Gender Bias ◽  
Islamic Law ◽  
The Body ◽  
Gender Justice ◽  
Indonesian Government ◽  
Legal Thought ◽  
The Law ◽  
And Gender ◽  
The Ideal

Islam membawa ajaran luhur dan ideal bersumber dari Allah dengan konsep Alqur’andan teladan implementasi oleh rasulullah khususnya dalam mengangkat derajat perempuanyang secara historis termarjinalisasi kederajat yang setara dan bahkan terkesan lebihdimuliakan. Konsep ideal islam tentang gender terbiaskan karena dua hal: pertama,pemahaman terhadap sumber hukum yang bersifat tekstual dan dogmatis. Kedua, perolehanpemahan umat islam dari mubalig yang terkesan patriarkis dan memarjinalkan perempuandalam materinya. Sehingga mengembalikan umat islam pada bias gender pada era jahiliyahsebelum datangnya islam yang patriarkis dan memarjinalkan perempuan.Hukum yang dibuat pemerintah Indonesia dari pusat sampai tingkat peraturan desadianggap tidak mensejahterakan perempuan, malah terkesan tidak ramah terhadap perempuan.Hal ini dapat dilihat dari indikator yang dipakai hukum tersebut bersifat simbolistik daneksploitasi tubuh wanita, seperti kewajiban menutup aurat, kewajiban berjilbab, bekerja padawilayah yang tertutup, sehingga perlu rekonstruksi kembali hukum Islam yangmensejahterakan dan berkeadilan. Rekonstruksi pemikiran hukum Islam dapat mengunakanbeberapa prinsip sebagai berikut: Prinsip Maqashid al-Syari`ah, Prinsip Relativitas Fiqh,Prinsip Tafsir Tematik, Prinsip Kemaslahatan (al-Maslahat), Prinsip Kesetaraan dan KeadilanGender (al-Musawah al-Jinsiyah), Prinsip Pluralitas (al-Ta`addudiyyah), Prinsip Nasionalitas(al-Muwathanah),, Prinsip Penegakan HAM (Iqamat al-Huquq al-Insaniyah), PrinsipDemokrasi (al-Dimuqrathiyyah)Islam brings noble and ideal teachings sourced from God with the concept of the Qur'anand the example of implementation by the messenger of Allah in particular in raising the rankof women who have historically been marginalized to equal degrees and even seem moreglorified. The ideal Islamic concept of gender is refracted because of two things: first,understanding of textual and dogmatic sources of law. Second, the acquisition of Muslimsfrom the preachers who seemed patriarchal and and seemed to marginalize women in terms ofmaterial, so that returning the Muslims to gender bias in the era of ignorance before the arrivalof patriarchal Islam and marginalizing women.Laws made by the Indonesian government from the center to the level of villageregulations are deemed not to prosper women, instead they seem unfriendly to women. Thiscan be seen from the indicators used by the law that are symbolic and exploit the body of women, such as the obligation to cover the genitals, the obligation to veil, work in a closedarea, so that the reconstruction of Islamic law is prosperous and just. Reconstruction ofIslamic legal thought can use several principles as follows: Maqashid al-Shari'ah Principle,Principles of Fiqh Relativity, Thematic Interpretation Principles, Principles of Benefit (al-Maslahat), Principles of Equality and Gender Justice (al-Musawah al-Jinsiyah), PrinciplesPlurality (al-Ta`addudiyyah), Principles of Nationality (al-Muwathanah) ,, Principles ofHuman Rights Enforcement (Iqamat al-Huquq al-Insaniyah), Principles of Democracy (al-Dimuqrathiyyah)

Self-Evident Truths

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Race And Ethnicity ◽  
Early Republic ◽  
Voting Rights ◽  
Social Classes ◽  
Equal Rights ◽  
Criminal Trials ◽  
Political Ideas ◽  
Class Voting ◽  
Synthetic Work ◽  
The Ideal

How did Americans in the generations following the Declaration of Independence translate its lofty ideals into practice? In this broadly synthetic work, distinguished historian Richard Brown shows that despite its founding statement that “all men are created equal,” the early Republic struggled with every form of social inequality. While people paid homage to the ideal of equal rights, this ideal came up against entrenched social and political practices and beliefs. Brown illustrates how the ideal was tested in struggles over race and ethnicity, religious freedom, gender and social class, voting rights and citizenship. It shows how high principles fared in criminal trials and divorce cases when minorities, women, and people from different social classes faced judgment. This book offers a much-needed exploration of the ways revolutionary political ideas, and especially the idea of equality, penetrated popular thinking and everyday practice.

Gender equality and gender mainstreaming: the issue of equal opportunities in the European context

2019 ◽  
pp. 9-30
Author(s):  
Vera Lomazzi ◽  
Isabella Crespi
Keyword(s):  
Gender Equality ◽  
Current Approach ◽  
Gender Mainstreaming ◽  
Equal Treatment ◽  
Equal Opportunities ◽  
Equal Rights ◽  
Positive Action ◽  
And Gender ◽  
The Individual ◽  
The Eu

This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women. The chapter examines the different strategies used across time to implement gender equality in the EU and how this conceptualisation led to the current approach of gender mainstreaming. In particular, three phases are identified and discussedinthe chapter: equal treatment, positive action and gender mainstreaming. The last one is discussed deeply because itformed a substantial and important backbone in the context of the individual rights of citizens of the Union by creating a basis of equal rights guaranteed to all, regardless of gender. The goal pursued by gender mainstreaming approach consists of a deep change in the organizational culture of society, institutions and workplace, where gender equality should be implemented in a transformed cultural framework.

scholarly journals PROTECTION AGAINST PRE-EMPLOYMENT DISCRIMINATION IN MALAYSIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1-8
Author(s):  
NIK SALIDA SUHAILA NIK SALEH
Keyword(s):  
Human Rights ◽  
Equal Opportunity ◽  
Employment Discrimination ◽  
Personal Characteristics ◽  
Ethnic Origin ◽  
Employment Relationship ◽  
Equal Rights ◽  
Right To Work ◽  
The Law ◽  
The Right

The principles of equal rights and non-discrimination as well as the right to equality before the law and equal protection of the law are fundamental human rights principles enshrined under Article 55 of United Nations Charter and Article 7 of the Universal Declaration of Human Rights (UDHR). The UDHR, international human rights standards and state practise consistently view employment and the right to work to include pre-employment. Therefore, rights during pre-employment would also fall within the scope of right to work regime. It is important to stress that the employer must not make employment decisions based on personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or any unrelated issues to inherent job requirements. Employer must base the employment relationship on the principle of equal opportunity and fair treatment and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. This paper will analyse the international laws, laws of other jurisdictions and Malaysian laws on protection against pre-employment discrimination. Recommendations would be accorded to ensure that Malaysia guarantee equal rights among jobseekers

Sexual Orientation, Gender Identity, and Political Decision Making

2019 ◽  
Author(s):  
Ewa A. Golebiowska
Keyword(s):  
Public Opinion ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Gay Men ◽  
Equal Treatment ◽  
Same Sex ◽  
Interpersonal Contact ◽  
Gays And Lesbians ◽  
And Gender ◽  
Lgbt Individuals

Public opinion on LGBT Americans’ rights has become more supportive of equal treatment over time. The movement toward greater egalitarianism has been particularly pronounced on attitudes toward same-sex marriage and gay adoption. Today, the general public is overwhelmingly supportive of laws to protect gays and lesbians against job discrimination, the right of gay and lesbian couples to adopt children, and legal recognition of same-sex marriages. It is also overwhelmingly supportive of legal protections for gay and lesbian employees, although we do not know whether abstract support for equality in the workplace translates into support for the hiring of gays and lesbians in all occupations. Yet, many questions concerning LGBT Americans’ rights remain controversial. The general public is especially polarized on the questions of whether transgender individuals should be able to use the bathrooms of the gender with which they identify and whether business owners in the wedding services industry can discriminate against same-sex couples on religious grounds. Systematic research on political attitudes of LGBT individuals using probability samples is practically nonexistent, although there are many studies of lesbians, gays, and bisexuals’ attitudes, identities, and behavior that use convenience samples. The existing studies demonstrate that lesbians, gay men, and bisexuals tend to identify as ideologically liberal and favor the Democratic Party in their affinities and votes. LGBT Americans are far more supportive of equality in all issue domains although bisexuals—compared to lesbians and gay men—are more lukewarm in their embrace of equality on the basis of sexual orientation and gender identity. Scholarship on LGBT Americans in public opinion has primarily explored attitudes toward gays and lesbians and has tended to focus on attitudes toward same-sex marriage and adoption. It examines psychological, political, and demographic correlates of public opinion regarding LGBT individuals and explores links between interpersonal contact with LGBT individuals and attitudes toward them. Generally speaking, moral traditionalism, gender role conceptions, and attributions for the existence of homosexuality are especially important psychological predictors of attitudes toward sexual and gender identity minorities. Partisan and ideological identities play an important role too as do cues from ideologically compatible political elites. Of the several demographic attributes that researchers have included in their models, religion-related variables stand out for their predictive prowess. Finally, interpersonal contact with sexual and gender minorities, as well as community exposure to LGBT individuals, is associated with more favorable views toward them. Another yardstick by which commitment to equal treatment for LGBT Americans could be measured is whether and how sexual orientation and gender identity influence political fortunes of candidates for electoral office. Scholarship to date suggests that sexual orientation and gender identity function as important heuristics that influence voters’ thinking about LGBT candidacies. Some scholarship mines survey questions that inquire about respondents’ willingness to support hypothetical LGBT candidates for office. Others use experimental design to isolate the influences of sexual orientation and gender identity on political evaluation. Altogether, these studies demonstrate that LGBT individuals do not face a level playing field when they launch campaigns for office.

DEFAMATION, THE JURY AND THE PURSUIT OF JUSTICE

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Richard Mullender
Keyword(s):  
Common Law ◽  
Criminal Trials ◽  
Constitutional Tribunal ◽  
The Common ◽  
English Law ◽  
The Law ◽  
Court Of Appeal ◽  
The Ideal

In the law of defamation, the jury is “the constitutional tribunal” of fact (J.C.C. Gatley, Libel and Slander, 9th ed. (London 1998), pp. 889-890). The jury’s occupation of this position is usually traced back to Fox’s Libel Act 1792. While confined in terms to criminal trials, the 1792 Act is regarded as declaratory of the common law (see Sir Martin Nourse, “The English Law of Defamation-Is Trial by Jury Still the Best?”, in B.S. Markesinis (ed.), The Clifford Chance Lectures, vol. I, Bridging the Channel (Oxford 1996), ch. 4). One way in which to explain the jury’s role in defamation trials can be found in the ideal of institutional justice. This ideal specifies that institutions should, in order to be legitimate, adequately accommodate the views of those in the society where they operate (G. Cupit, Justice As Fittingness (Oxford 1996), ch. 5). There is, however, reason to regard defamation law’s commitment to institutional justice as qualified. Support for this view can be found in Grobbelaar v. News Group Newspapers Ltd. [2001] 2 All E.R. 437. In Grobbelaar, a unanimous Court of Appeal overturned a jury’s findings of fact on the ground that they were perverse and unreasonable. This decision appears ground-breaking since the Court was unable to point to domestic authorities in which the same step had been taken.

scholarly journals Hak Asasi Perempuan dalam Peraturan Perundang-Undangan Di Indonesia

2016 ◽  
Vol 12 (4) ◽  
pp. 716
Author(s):  
Dede Kania
Keyword(s):  
Gender Inequality ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
System Reform ◽  
Equal Rights ◽  
Protection Of Human Rights ◽  
The Law ◽  
And Gender ◽  
Laws And Regulations

Up to now, the law is still considered discriminatory and gender inequality. Though the law should be equal or sensitive to gender inequality to guarantee women’s rights. By following the principle of equality in all areas of the good men  and women have equal rights or opportunities to participate in every aspect of social life and state. so if there is discrimination against women, it is a violation of women’s rights. women’s rights violations occur due to many things, including the result of the legal system, where women are victims of the system. Reform Order is the most progressive period in the protection of human rights. Various laws and regulations come outin this period, including laws and regulations concerning women’s rights. Seen from the government’s efforts to eliminate discrimination based on sex are included in many  legislations.

scholarly journals Discourse analysis of gender equality and non-discrimination laws and strategies

Temida ◽  
2017 ◽  
Vol 20 (1) ◽  
pp. 95-117
Author(s):  
Zorana Antonijevic ◽  
Kosana Beker
Keyword(s):  
Discourse Analysis ◽  
Feminist Theory ◽  
Gender Equality ◽  
Gender Mainstreaming ◽  
Equal Treatment ◽  
Sex And Gender ◽  
Gender Perspective ◽  
Specific Policy ◽  
The Law ◽  
And Gender

Based on the contemporary research on gender and language, using the method of discourse analysis applied to the laws and policies, this article explains how certain linguistic practice, in the context of the administrative discourse, produces meaning that may or may not contribute to its better understanding and more efficient implementation. Through discourse analysis of gender equality and non-discrimination laws and strategies in Serbia, it has been shown how and with what consequences the socio-political and academic elites affect defining and promoting certain concepts (gender, sex, gender equality, discrimination) in one social and historical moment. The paper is placed in the theoretical framework of three visions of gender equality: perspective of equal treatment, women?s perspectives and gender perspective (Booth, Bennett 2002), that are corresponding to the three strategies for achieving gender equality: equal treatment, specific policy of gender equality and gender mainstreaming (Verloo, 2001). The discourse analysis of the Law on Gender Equality (2009), the National Strategy for the Improvement of the Position of Women and Advancement of Gender Equality (2009), the Law on Prohibition of Discrimination (2009) and the Strategy for Prevention and Protection against Discrimination (2013), has shown the context of use and meaning of terms gender and sex, as well as implications it has on their potential to change the existing paradigms and understanding of gender equality, and the implementation of policies in Serbia. Analysis of the use of terms sex and gender in the most important legal and strategic documents for achieving gender equality, showed that the choice of certain categories and terms is always a political choice. The authors show how these documents are written in the key of two gender perspectives and strategies: equal treatment and the specific policy of gender equality, while the third - introduction of a gender perspective and gender mainstreaming is almost not mentioned, although it is consider to have the greatest potential for transformation of existing patterns of power and hierarchy in society (Booth, Bennett, 2002; Verloo 2005; Walby, 2011). While it is clear that neither laws nor strategies can reflect the complete corpus of knowledge and ideology of gender equality and feminist theory, it is essential that they, at the discourse level, act as a source of new knowledge and understanding of these concepts. Better connection between these documents and the contemporary feminist theory, the use of knowledge accumulated within gender studies, as well as their consistent linguistic and terminological compatibility and innovation, would contribute to a better understanding of concepts, terminology and knowledge of gender equality among the general public.

Feminist Perspective in Shashi Deshpande's “That Long Silence”

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari
Keyword(s):  
Gender Equity ◽  
Social Life ◽  
Fundamental Rights ◽  
Feminist Movement ◽  
Human Beings ◽  
Simone De Beauvoir ◽  
Equal Rights ◽  
And Gender ◽  
Set Up ◽  
Key Aspects

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.

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