scholarly journals El RDL 6/2019 para la garantía de la igualdad de trato y de oportunidades entre mujeres y hombres en el empleo y la ocupación: Dios y el diablo en la tierra del sol = The Royal Decree 6/2019 for the guarantee of equal treatment and opportunities between women and men in employment and occupation: God and the devil in the land of the sun

2019 ◽  
Vol 4 (2) ◽  
pp. 14
Author(s):  
María Amparo Ballester Pastor
Keyword(s):  
Legal System ◽  
Gender Discrimination ◽  
Parental Leave ◽  
Equal Treatment ◽  
Royal Decree ◽  
Critical Commentary ◽  
Positive Assessment ◽  
Labour Discrimination ◽  
Working Day ◽  
Support Fund

 Resumen. El artículo es un comentario crítico del contenido y alcance del recientemente aprobado RDL 6/2019 para la garantía de la igualdad de trato y de oportunidades entre mu­jeres y hombres en el empleo y la ocupación. La valoración positiva que, en general, la norma merece, se basa simplemente en su mera aprobación, que refuerza la idea de que la cuestión de la igualdad efectiva entre hombres y mujeres en el trabajo requiere medidas específicas. Sin embargo, el análisis detallado de los preceptos del RDL 6/2019 que se realiza en el trabajo conduce a la autora a la conclusión de que la mayoría de sus contenidos son insuficientes y que queda pendiente una reforma global y efectivamente transversal susceptible de avanzar efec­tivamente en el ámbito laboral entre mujeres y hombres. Las insuficiencias se hacen evidentes en el tratamiento que la norma otorga a los planes de igualdad, el permiso para el cuidado del lactante, los permisos parentales, la adaptación de la jornada o el fondo de apoyo a la depend­encia. El aspecto más interesante de la norma es la protección que configura frente al despido sin causa, aunque constituye fundamentalmente la transposición al ordenamiento español de la doctrina del TJUE. El permiso de nacimiento que crea el RDL 6/2019 unificando los antiguos permisos de maternidad y paternidad es objeto de especial atención en el artículo, en el que se destaca la necesidad de que el ordenamiento español establezca medidas más comprometidas para avanzar en la corresponsabilidad entre hombres y mujeres.Palabras clave: discriminación laboral, discriminación por género, legislación antidis­criminatoriaAbstract. This paper is a critical commentary on the content and scope of the recently approved Royal Decree 6/2019 for the guarantee of equal treatment and opportunities be­tween women and men in employment and occupation. The positive assessment that, in general, the Royal Decree deserves, is based simply on its mere approval, which reinforces the idea that the issue of effective equality between men and women at work requires specific measures. However, the detailed analysis of the articles of the RDL 6/2019 that is carried out in the work leads the author to the conclusion that the majority of its contents are insufficient and that a global and effectively transversal reform is still pending, capable of effectively ad­vancing in the workplace equality between women and men. The insufficiencies are evident in the treatment that the Royal Decree grants to the equality plans, the permission for the nursing care, the parental leave, the adaptation of the working day or the dependency support fund. The most interesting aspect of the Royal Decree is the protection it sets against dismissal without cause, although it is fundamentally the transposition to the Spanish legal system of the doctrine of the CJEU. The birth permit created by RDL 6/2019 unifying the old maternity and paternity leaves is given special attention in the article, which highlights the need for the Span­ish legal system to establish more committed measures to advance in the co-responsibility between men and women.Keywords: labour discrimination, gender discrimination, non-discriminatory legislation.

scholarly journals GENDER PAY GAP: A MYTH OR MATH

2021 ◽  
pp. 399-410
Author(s):  
Hitesh N. Jagani ◽  
Nasheman Bandookwala
Keyword(s):  
Gender Gap ◽  
Gender Discrimination ◽  
Tamil Nadu ◽  
Wage Differential ◽  
Equal Treatment ◽  
Agricultural Workers ◽  
Pay Gap ◽  
The World ◽  
Economic Participation ◽  
World Economic

Gender discrimination has been persistent across globe and it is more identified in terms of wage differential. Such discrimination is more striking in developing countries and further more among social groups. Though many countries have passed minimum wage laws and laws mandating equal treatment of women at workplace, gender wage differential remains a perennial feature of labor markets across globe. Among BRIC nation India depicts highest wage discrimination between sexes (Rema Nagarajan TNN March 2011). This fact was reveled also in the Global Gender Gap Report of 2010 as well. The recent survey by the World Economic Forum (WEF) points out the Indian situation, ranking India among the bottom 10 countries in the world in terms of women’s participation in the economy. The World Economic Forum’s Global Gender Gap Report 2020 says Of the 153 countries studied in the report, India ranks 112th on the overall Global Gender Gap Index with the index value of (0.068). The overall gender gap as though has narrowed the pay gaps have widen and it will take 257 more years i.e by year 2257 pay equity will be established. India has shown disappointing performance in women work participation rate (WPR), pushing the country among the bottom 10 countries on the WEF list. The country ranks 149th among 153 countries in economic participation. Overall, in terms of gender equality India achieves a score of 59.4%, but in terms of economic participation and opportunity, it scores 39.8% which is dismal. The present study is an attempt to analyze the wage differential across selected states of India. The wages for agriculture and non agriculture workers for sexes is considered. The attempt has been made to evaluate wage differential across selected states of India and inequality therein has been calculated. The descriptive statistical tools like arithmetic mean and standard deviation has been used to ameliorate understanding. The pay parity Index has also been calculated The overall observation from the study widens understanding about pay pattern in India – and discriminating dimension therein. Across occupation unequal pay prevails in regards to sexes with males being paid more than women for the equal jobs. Disparity among agricultural Towards Excellence: An Indexed, Refereed & Peer Reviewed Journal of Higher Education / Dr. Hitesh Jagani & Dr. Nasheman Bandookwala / Page 399-410 March, 2021. VOL.13. ISSUE NO. 1 https://hrdc.gujaratuniversity.ac.in/Publication Page | 400 workers is highest at Kerala- female agricultural workers are paid 29% less than males. On other hand in Himachal Pradesh male agricultural worker is paid 5% less than females. For non agricultural workers Tamil Nadu exhibits high incidence of inequality with female workers being paid 32% less than males. Gujarat comparatively depicts a better scenario with average female payments being more in non agricultural sector as though in agriculture sector disparity prevails.

scholarly journals Statistical Discrimination and the Rationalization of Stereotypes

2021 ◽  
Author(s):  
András Tilcsik
Keyword(s):  
Labor Markets ◽  
Gender Discrimination ◽  
Decision Makers ◽  
Statistical Discrimination ◽  
Survey Experiment ◽  
Critical Commentary ◽  
Social Scientific ◽  
Managerial Experience ◽  
Scientific Framework

The theory of statistical discrimination is a dominant social scientific framework for understanding discrimination in labor markets. To date, the literature has treated this theory as a model that merely explains employer behavior. This article contends that the idea of statistical discrimination, rather than simply providing an explanation, can lead people to view social stereotyping as useful and acceptable and thus help rationalize and justify discriminatory decisions. A preregistered survey experiment with more than 2,000 participants who had managerial experience shows that exposure to statistical discrimination theory strengthened people’s belief in the accuracy of stereotypes, their acceptance of stereotyping, and the extent to which they engaged in gender discrimination in a hiring simulation. Reading a critical commentary on the theory mitigated these effects. These findings imply that theories of discrimination, and the language associated with them, can rationalize—or challenge the rationality of—stereotypes and discrimination and, as a result, shape the attitudes and actions of decision-makers in labor markets.

scholarly journals Mind your attitude: the impact of patriarchy on women’s workplace behaviour

2019 ◽  
Vol 25 (2) ◽  
pp. 146-164
Author(s):  
Toyin Ajibade Adisa ◽  
Fang Lee Cooke ◽  
Vanessa Iwowo
Keyword(s):  
Work Environment ◽  
Gender Discrimination ◽  
Social Situation ◽  
Equal Treatment ◽  
Research Approach ◽  
Equal Rights ◽  
Structured Interviews ◽  
Content Type ◽  
Female Employees ◽  
The Impact

Purpose By conceptualising patriarchy in the workplace as a social situation, the purpose of this paper is to examine the prevalence of patriarchal attitudes and their impact on women’s workplace behaviour among Nigerian organisations. Design/methodology/approach The study uses a qualitative research approach, drawing on data from 32 semi-structured interviews with female employees and managers in two high-street banks in Nigeria. Findings The study finds that patriarchy shapes women’s behaviour in ways that undermine their performance and organisational citizenship behaviour (OCB). Furthermore, the study finds that patriarchal attitudes, often practised at home, are frequently transferred to organisational settings. This transference affects women’s workplace behaviour and maintains men’s (self-perceived) superior status quo, whereby women are dominated, discriminated against and permanently placed in inferior positions. Research limitations/implications The extent to which the findings of this research can be generalised is constrained by the limited sample and scope of the research. Practical implications The challenges posed by the strong patriarchy on women’s workplace behaviour are real and complex, and organisations must address them in order to create a fairer workplace in which employees can thrive. It is therefore essential for organisations to examine periodically their culture to ensure that all employees, regardless of gender, are involved in the organisation’s affairs. Furthermore, organisations need to help women become more proactive in combating patriarchal behaviour, which often affects their performance and OCB. This requires organisations to affirm consistently their equal opportunities, equal rights and equal treatment policies. It is essential that organisations take this problem seriously by attaching due penalty to gender discrimination, as this will go a long way in ensuring positive outcomes for women and providing a fairer workplace. Originality/value This study provides empirical evidence that a more egalitarian work environment (in Nigerian banking) will result in improved performance from female employees and organisations. It calls for greater policy and organisational interventions to create a more inclusive work environment and an equal society.

Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Empirical Evidence ◽  
Legal System ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Equal Protection ◽  
Equal Opportunities ◽  
The Us ◽  
Us Constitution ◽  
The Government ◽  
Racial Ethnic

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.

scholarly journals Resistance to Anti-Discrimination Law in Central and Eastern Europe–a Post-Communist Legacy?

2016 ◽  
Vol 17 (4) ◽  
pp. 627-656 ◽  
Author(s):  
Barbara Havelková
Keyword(s):  
Gender Discrimination ◽  
Western Europe ◽  
Equal Treatment ◽  
Eastern European ◽  
Negative Attitudes ◽  
Substantive Equality ◽  
Antidiscrimination Law ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Uk

AbstractPost-communist Central and Eastern European ('CEE') legislators and judges have been resistant to equality and antidiscrimination law. This Article argues that these negative attitudes can be explained in part by the specific trajectory that EAL has taken in CEE during and after state socialism, which has differed from Western Europe. In the UK/EU, the formal guarantees of equal treatment and prohibitions of discrimination of the 1960s and 1970s were complemented by a more substantive understanding of equality in the 1990s and 2000s. This development was reversed in CEE—substantive equality, of a certain kind, preceded rather than followed formal equality and antidiscrimination guarantees.The State Socialist concern with equality was real, and yet the project was incomplete in several significant ways. It saw only socio-economic, but not socio-cultural inequalities (relating to dignity, identity or diversity). It was transformative with regards to class, but not other discrimination grounds, especially not gender. While equality was a constitutionally enshrined principle, there was an absence of any corresponding enforceable antidiscrimination right. Finally, the emphasis on the “natural” differences between the sexes meant that sex/gender discrimination was not recognized as conflicting with women's constitutional equality guarantees.

scholarly journals Statistical Discrimination and the Rationalization of Stereotypes

2020 ◽  
pp. 000312242096939
Author(s):  
András Tilcsik
Keyword(s):  
Labor Markets ◽  
Gender Discrimination ◽  
Decision Makers ◽  
Statistical Discrimination ◽  
Survey Experiment ◽  
Critical Commentary ◽  
Social Scientific ◽  
Managerial Experience ◽  
Scientific Framework

The theory of statistical discrimination is a dominant social scientific framework for understanding discrimination in labor markets. To date, the literature has treated this theory as a model that merely explains employer behavior. This article contends that the idea of statistical discrimination, rather than simply providing an explanation, can lead people to view social stereotyping as useful and acceptable and thus help rationalize and justify discriminatory decisions. A preregistered survey experiment with more than 2,000 participants who had managerial experience shows that exposure to statistical discrimination theory strengthened people’s belief in the accuracy of stereotypes, their acceptance of stereotyping, and the extent to which they engaged in gender discrimination in a hiring simulation. Reading a critical commentary on the theory mitigated these effects. These findings imply that theories of discrimination, and the language associated with them, can rationalize—or challenge the rationality of—stereotypes and discrimination and, as a result, shape the attitudes and actions of decision-makers in labor markets.

scholarly journals Luces y sombras sobre la aplicación práctica del Estatuto de la Víctima del Delito

2020 ◽  
Vol 38 (1) ◽  
Author(s):  
Fátima Pérez Ferrer
Keyword(s):  
Legal System ◽  
Royal Decree ◽  
The Law

El objetivo fundamental de este trabajo es analizar un nuevo marco normativo garante de los derechos de las víctimas, que a partir de la aprobación de la Ley 4/2015, de 27 de abril, y el Real Decreto 1109/2015, de 11 de diciembre, por el que se desarrolla esta norma y se regulan las Oficinas de Asistencia a las Víctimas del Delito, se habrá de aplicar en relación con la normativa particular ya existente con anterioridad en nuestro ordenamiento jurídico. El Estatuto parte de una regulación de mínimos, y nace con la vocación de proteger y apoyar a las víctimas tanto en su vertiente procesal como extraprocesal, garantizándoles una evaluación y un trato individualizado, y la defensa de sus bienes materiales y morales.    The main purpose of this work is to analyse a new Regulatory Mark that guarantees the rights of the victims, which from the approval of the law, and of the Royal Decree that develops this law, and regulates the Offices of Assistance to the Victims of Crimes, will have to be applied in relation to the particular regulations that already exist in our legal system. The Statute is based on a regulation of minimums, and was created with the vocation of protecting and supporting the victims in their procedural and extra procedural aspects, guaranteeing them an individualized evaluation and treatment, and the defense of their material and moral goods.

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals Criminalizing Rape Within Marriage

2013 ◽  
Vol 20 ◽  
pp. 124-148
Author(s):  
Megha
Keyword(s):  
Legal System ◽  
Legal Discourse ◽  
Married Women ◽  
Equal Treatment ◽  
The Political ◽  
Marital Rape ◽  
Bodily Integrity ◽  
Rape Law ◽  
Substantive Equality ◽  
Indian Law

The paper is an attempt to bring marital rape under the purview of legal discourse in India with substantive equality approach to problematize the existing defined structure of Indian Rape Law. This paper takes up the challenge to create a legal language on the issue of rape within marriage which is till now absent from the legal and social scenario. The equal treatment of women before and under the law within the context of marital rape is critical to ensuring the recognition of women as full citizens, and ensuring their freedom from violence. This paper examines the following questions: how marital rape contributes to and results from women‘s inequality; how the discriminatory roots of the historical- cultural rationales contributes to the exemption of marital rape from the Indian legal system; how the issue of marital rape has been debated in personal-political scenario from the feminist viewpoint; how equality jurisprudence can support the case for the legal treatment of marital rape claims. This paper questions the socio-legal passivity about the suppression of married women; cultivate the knowledge that helps women to generate their own thinking and to apply that in creating the new subjects, to make the women able to express their disagreements about the consent and to make them aware of their active sexuality to provide them bodily integrity. The paper is, thus, an attempt to emphasise the need to transform the prevailing masochistic heterosexual socio- legal matrix. The paper underlines the need to bring the issue of marital rape in the political sphere by bringing this to the purview of Indian law in both formal and substantive manner.

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