Search results for: substantive equality
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 455

Search results for: substantive equality

455 The Lack of Female Representation in Senior Positions: An Exploratory Study between South Africa and India

Authors: Dina Maria Smit

Abstract:

Worldwide, it seems as if women are adequately represented in government and parliament but are almost absent from governing boards of private enterprises. The reasons for this seem to be embedded in perceptions of inadequacy, remnants of patriarchy, glass ceilings and even female choice. Direct or indirect discrimination against females have been found to be one of the reasons that female employees are found in traditionally “softer” roles, whilst the old “Boy’s Club” is still operational to keep women out of senior managerial positions, especially in the private sector. The cultural construct of Indian society, focusing on male preference, patriarchy, divorce laws and low educational levels of females as opposed to men, is indicative of a society wherein high gender inequality still exists. The position in South Africa is similar in that substantive gender equality has not been reached despite a progressive constitution and anti-discrimination laws. There is a strong push to propel women to senior positions in South Africa, but these efforts have not yet translated into females taking up senior positions in private companies. In South Africa, females still earn less than their male counterparts whilst performing doing the same jobs, are overrepresented in parliament, but do not captain the ships in the private sector. The lack of female parity in employment leads to a lack of autonomy and authority in both South Africa and India. The divide between formal and informal work, unpaid work, mainly being done by women, need to be investigated to ensure substantive gender parity. The findings will show that females are still not equal to men in employment, especially in senior private positions; mainly due to the remnants of patriarchy and glass ceilings that still need to be shattered. This article aims to set out the reasons why gender disparity still exists in India and South Africa, seen through a legal lense. Both countries are signatories to the CEDAW Convention and have constitutions that advocate for the right of equality. Although equal rights have been implemented in both countries, equality may not be well implemented. This investigation is comparative in nature and aims to contribute to the growing body of evidence on how to ensure gender parity in all occupational levels and categories. The study is in quantitative in nature. If substantive gender equality, as opposed to formative gender equality, is a key motivator to ensure gender equality, an investigation into the reasons for this disparity is warranted before suggestions can be tendered to effect lasting change. The aim of this comparative study is not to plug the legal system of one country into the other, but to take into account of the autonomy of choice, set against cultural differences and similarities in an effort to shatter the glass ceilings for women who aspire to climb the corporate ladders.

Keywords: gender inequality, glass ceilings, patriarchy, female disparity

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454 Assessing the Experiences of South African and Indian Legal Profession from the Perspective of Women Representation in Higher Judiciary: The Square Peg in a Round Hole Story

Authors: Sricheta Chowdhury

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To require a woman to choose between her work and her personal life is the most acute form of discrimination that can be meted out against her. No woman should be given a choice to choose between her motherhood and her career at Bar, yet that is the most detrimental discrimination that has been happening in Indian Bar, which no one has questioned so far. The falling number of women in practice is a reality that isn’t garnering much attention given the sharp rise in women studying law but is not being able to continue in the profession. Moving from a colonial misogynist whim to a post-colonial “new-age construct of Indian woman” façade, the policymakers of the Indian Judiciary have done nothing so far to decolonize itself from its rudimentary understanding of ‘equality of gender’ when it comes to the legal profession. Therefore, when Indian jurisprudence was (and is) swooning to the sweeping effect of transformative constitutionalism in the understanding of equality as enshrined under the Indian Constitution, one cannot help but question why the legal profession remained out of brushing effect of achieving substantive equality. The Airline industry’s discriminatory policies were not spared from criticism, nor were the policies where women’s involvement in any establishment serving liquor (Anuj Garg case), but the judicial practice did not question the stereotypical bias of gender and unequal structural practices until recently. That necessitates the need to examine the existing Bar policies and the steps taken by the regulatory bodies in assessing the situations that are in favor or against the purpose of furthering women’s issues in present-day India. From a comparative feminist point of concern, South Africa’s pro-women Bar policies are attractive to assess their applicability and extent in terms of promoting inclusivity at the Bar. This article intends to tap on these two countries’ potential in carving a niche in giving women an equal platform to play a substantive role in designing governance policies through the Judiciary. The article analyses the current gender composition of the legal profession while endorsing the concept of substantive equality as a requisite in designing an appropriate appointment process of the judges. It studies the theoretical framework on gender equality, examines the international and regional instruments and analyses the scope of welfare policies that Indian legal and regulatory bodies can undertake towards a transformative initiative in re-modeling the Judiciary to a more diverse and inclusive institution. The methodology employs a comparative and analytical understanding of doctrinal resources. It makes quantitative use of secondary data and qualitative use of primary data collected for determining the present status of Indian women legal practitioners and judges. With respect to quantitative data, statistics on the representation of women as judges and chief justices and senior advocates from their official websites from 2018 till present have been utilized. In respect of qualitative data, results of the structured interviews conducted through open and close-ended questions with retired lady judges of the higher judiciary and senior advocates of the Supreme Court of India, contacted through snowball sampling, are utilized.

Keywords: gender, higher judiciary, legal profession, representation, substantive equality

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453 Equality, Friendship, and Violence in Slash or Yaoi Fan Art

Authors: Proud Arunrangsiwed

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Slash or Yaoi fan art is the artwork that contains a homosexual relationship between fictional male characters, which were heterosexual in the original media. Previous belief about Slash or Yaoi fan art is that the fan fiction writers and the fan artists need to see the equality in romantic relationship. They do not prefer the pairing of man and woman, since both genders are not equal. The objectives of the current study are to confirm this belief, and to examine the relationship between equality found in Slash fan art, friendship in original media, and violence contained in fan art. Mean comparisons show that equality could be found in the pairing of hero and hero, but rarely found in the pairing of hero and villain. Regression analysis shows that the level of equality in fan art and friendship in original media are significant predictors of violence contained in fan art. Since villain-related pairings yield a high level of violence in fan art and a low level of equality, researchers of future studies should find the strategies to prevent fans to include villains in their Slash or Yaoi fan art.

Keywords: equality, fan art, slash, violence, yaoi

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452 Comparative International Law and Feminist Legal Studies, Uniting to Make a Difference in Addressing the Disempowerment of Women

Authors: Isaac Kfir

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In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

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451 Equality in Higher Education: A Library and Learning Collaborative Project to Support Teachers

Authors: Ika Jorum

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The aim of this collaborative project was to develop library support that contributes in a long-term way to a technical university’s work on increased equality in education. The background was an assessment made by the Higher Education Authority that showed the need for improvement regarding equality in several programs at the university. The university’s Vice President for equality and Vice President for sustainability announced funds for projects that supported the improvement of equality in education. The library was granted funding for a one-year project that aimed both to support teachers in order to embed equality in education and to support the library staff and improve the organization’s own work. The part of the project that was directed to teachers was performed as activities in different areas and forms, such as acquisition and collections, teaching, exhibitions and book discussions. Besides the activities and support that was offered to teachers, the education team had journal clubs in order to develop and embed equality in their own teaching. The part that was directed to library staff and management was performed as workshops in collaboration with Equality Office in order to identify areas where the library could make improvements on work with equality and inclusion. The expectation was that the activities would be well attended since the project team had got indications that the content would be relevant. The outcome of this project was that some activities turned out to be more attended than others and what is expected to be found relevant, for example, a workshop on information searching from a gender and equality perspective for teachers, might still not attract participants. On the other hand, Ph.D. students and students participated in the book discussions and wanted them to continue after the project had ended. Results will be shared both on what was successful and what was challenging. Some reflections will be given on what can be done to attract participants to activities in the area of gender equality that is most likely relevant for the expected attendants and how results from a project on gender equality can be integrated into an organization’s daily work.

Keywords: equality, higher education, critical information literacy, collaboration

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450 Gender Equality and the Politics of Presence among the Maasai in Kenya

Authors: Shillah Memusi

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Underrepresentation of women in governance structures is a global phenomenon, with patriarchal considerations being among the main, if not the top, reason for this in Sub Saharan Africa. This paper demonstrates that gender norms and informal rules have perpetuated a culture of stereotypical gender roles that have limited women’s public participation and leadership in society. To achieve this, the paper explores barriers to women’s political engagement, and how these are navigated in the face of gender equality laws. Situated in Kenya’s Maasai community, the paper investigates the influence of set laws on the increased involvement of women from the patriarchal community in the political economy. It gives special attention to the intersectionality of formal and informal laws and the subsequent interpretation and implementation of gender equality. The paper then concludes by demonstrating the benefits of exploring alternative gender equality pathways, as informed by contextual realities of settings such as patriarchal communities.

Keywords: equality, Kenya, patriarchy, public participation, women

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449 Promoting Gender Equality within Islamic Tradition via Contextualist Approach

Authors: Ali Akbar

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The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: contextualism, gender equality, Islam, the rights of women

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448 Women’s Leadership for Sustainable Outcomes: On the Road to Gender Equality for a Better Tomorrow

Authors: Deepika Faugoo

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Gender equality stands as the cornerstone of societal progress, intricately woven into the very essence of the 2030 Sustainable Development Goals (SDGs). Yet, the gender leadership gap remains a formidable obstacle hindering global equality. Despite women's educational advancements, their underrepresentation in senior roles persists as a baffling anomaly. Drawing from contemporary research, empirical evidence, and secondary data, this paper underscores the imperative of advancing women in leadership to drive SDGs related to empowerment and gender equality by 2030. It highlights the undeniable link between women leaders and sustainable outcomes, citing case studies and examples of their contributions to financial performance, prosperity, economic growth, and societal well-being. Exploring persistent barriers and emerging challenges, it offers actionable strategies to enhance women's representation in leadership, promising transformative benefits for organizations and societies. Amidst societal upheavals, gender equality emerges as a potent solution, catalyzing change toward a future where every voice resonates, ensuring no one is left behind.

Keywords: senior leadership, empowerment, SDGs, gender equality

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447 An Analytical Exploration of the Gender-Corruption Thesis in the Nigerian Context

Authors: Francisca Anene

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Studies indicate that gender equality and corruption are negatively correlated. This has been attributed to two opposing arguments - 'fairer-sex' and 'fairer-system'. Though there is no agreement on the reason for the correlation, it has been suggested that gender equality can be actively pursued as a means of combating corruption and instituting good governance in countries perceived to be more corrupt. This paper explores the relationship between gender, corruption and good governance in Nigeria. With the aid of secondary empirical data from various sources including Transparency International Corruption Perceptions Index, World Values Survey, World Bank Enterprise Survey and Afrobarometer, a correlation is established between gender and corruption and the causative factors are explored in the Nigerian context. On the basis of the above, the paper demonstrates that though a numerical increase of women in leadership/influence may result in the achievement of gender equality in Nigeria, true equality must go beyond numbers if it is to be used as a means for instituting good governance.

Keywords: corruption, gender equality, good governance, Nigeria

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446 Approaches and Implications of Working on Gender Equality under Corporate Social Responsibility: A Case Study of Two Corporate Social Responsibilities in India

Authors: Shilpa Vasavada

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One of the 17 SustainableDevelopmentGoals focuses on gender equality. The paper is based on the learning derived from working with two Corporate Social Responsibility cases in India: one, CSR of an International Corporate and the other, CSR of a multi state national level corporate -on their efforts to integrate gender perspective in their agriculture and livestock based rural livelihood programs. The author tries to dissect how ‘gender equality’ is seen by these two CSRs, where the goals are different. The implications of a CSR’sunderstandingon ‘gender equality’ as a goal; versus CSR’s understanding of working 'with women for enhancing quantity or quality of production’ gets reflected in their orientation to staff, resource allocation, strategic level and in processes followed at the rural grassroots level. The paper comes up with examples of changes made at programmatic front when CSR understands and works with the focus on gender equality as a goal. On the other hand, the paper also explores the differential, at times, the negative impact on women and the programmes;- when the goals differ. The paper concludes with recommendations for CSRs to take up at their resource allocation and strategic level if gender equality is the goal- which has direct implication at their grassroots programmatic work. The author argues that if gender equality has to be implemented actually in spirit by a CSR, it requires change in mindset and thus an openness to changes in strategies and resource allocation pattern of the CSR and not simply adding on women in the way intervention has been going on.

Keywords: gender equality, approaches, differential impact, resource allocation

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445 Gender Equality and Career Opportunities among Female Civil Servants for Better Public Services in West Java, Indonesia

Authors: Nefi Aris Ambar Asmara

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This paper discusses gender equality and career opportunities among female civil servants for better public services in a regency in West Java, Indonesia. Those two areas have not been considered comprehensively in terms of the goals of gender equality and career opportunities. The purposes of this paper are to describe (1) the number of available positions in relation to the number of female civil servants, (2) the socio-cultural outlook on female civil servants in relation to gender equality and career opportunities, and (3) socio-cultural views on gender equality and a career in politics. To achieve these three objectives, this paper used a qualitative approach with survey and interview techniques. The results showed that (1) only 37% of the official positions were presided by female civil servants. In contrast, male civil servants occupy 63% of the available positions, (2) the sociocultural view of female civil servants affirms that they are still regarded as male companions; (3) in addition, female civil servants do not need to compete with gender opponents, including the fact that women enter politics because the political world is considered dirty for women.

Keywords: gender equality, career opportunities, female civil servants, Indonesia

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444 Gender Equality and Career Opportunities Among Female Civil Servants for Better Public Services in West Java - Indonesia

Authors: Nefi Aris Ambar Asmara

Abstract:

This paper discusses gender equality and career opportunities among female civil servants for better public services in a regency in West Java, Indonesia. Those two areas have not been considered comprehensively in terms of the goals of gender equality and career opportunities. The purposes of this paper are to describe (1) the number of available positions in relation to the number of female civil servants, (2) the socio-cultural outlook on female civil servants in relation to gender equality and career opportunities and (3) socio-cultural views on gender equality and a career in politics. To achieve these three objectives, this paper used a qualitative approach with survey and interview techniques. The results showed that (1) only 37% of the official positions were presided by female civil servants. In contrast, male civil servants occupy 63% of the available positions, (2) the sociocultural view of female civil servants affirms that they are still regarded as male companions; (3) in addition, female civil servants do not need to compete with gender opponents, including the fact that women enter politics because the political world is considered dirty for women.

Keywords: gender equality, career opportunities, female civil servants, indonesia

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443 Effect of Gender Norms and Gender Equality on Depression and Quality of Life among Young and Old Married Couples

Authors: Musarrat Jabeen, Fatima Zahra Khan, Hamida Bano, Faiza Anjum, Sara Tahir, Kainat Umar, Uzma Azam

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The aim of this study was to examine the effect of gender norms and gender equality on depression and quality of life among young and old married couples. The sample consisted of 60 old and 100 young married couples. It was mainly conducted in Islamabad, Pakistan. However, since it was convenient and snowball sampling, we were able to get the data from other cities of Pakistan as well. By using Beck Depression Scale (Aaron T. Beck), Satisfaction with Life Scale (Diener), the Ambivalent Sexism Inventory (Glick & Fiske,1996), and Gender Norms Attitude Scale(Waszak et al., 2000). It was found that the old couples have a high quality of life than young couples, which further proved them to have positive attitude towards gender equality, negative attitude towards gender norms and low level of depression. Also, couples having positive attitude towards gender equality have high level of satisfaction with life than the ones having negative attitude towards gender norms, who have low level of depression. Also, having a negative attitude towards gender norms has adverse effects on the level of depression. To achieve a high quality of life, it would be helpful to evolve with the world, especially with respect to the concepts of gender norms and equality.

Keywords: depression, gender equality, gender norms, married couples, quality of life

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442 Women Right to Land Entitlement for Gender Equality: Critical Review

Authors: A. Yousuf, M. Iqbal, A. Mir, S. Aziz

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This study deals with the women’s right to land for gender equality. Economic Transformation Initiative, Gilgit-Baltistan (ETI-GB), an ambitious program supported by International Fund for Agricultural Development United Nation (IFAD, UN), aims to strengthen land reforms process in disputed area of Gilgit-Baltistan (GB) Pakistan, that is taking place first time in the history. This project is a brick to build the foundation of land reforms and land policies in GB. The ETI-GB provides substantive support to government of GB in developing policy measures and initiatives to promote women’s right to have and to own land is kind of unconventional step in a very traditional society. It would be interesting to have discussion and document the people’s response regarding this project. The study has used mixed method for data collection. For qualitative data, content analysis is used to have a thorough understanding of different types of land reforms across the globe particularly in South Asia. Theoretical understanding of the literature is essential which provides the basis why land reforms are important and how far it plays an important role when it comes to eliminating inequality. Focused group discussion was carried out for verification and triangulation of data. For quantitative, survey was conducted to take responses from the people of the region and analyzed. The program is implemented in Ghizer district of GB. 2340 households were identified as beneficiaries of newly developed land. Among them, 2285 were men households, and 55 were women households. There is a significant difference between men and women households. In spite of great difference, it is a great achievement of the donor that in history of GB, first time women are going to be entitled to land ownership. GB is a patriarchal society, many social factors like cultural, religious play role for gender inequality. In developing countries, such as Pakistan, the awareness of land property rights has not been given proper attention to gender equality development frameworks. It is argued that land property rights of women have not been taken into mainstream policymaking in the development of nation building process. Consequently, this has generated deprivation of women’s property rights, low income level, lack of education and poor health. This paper emphasises that there should have proper land property right of women in Gilgit-Baltistan Pakistan, provided that the gender empowerment could be increased in terms of women’s property rights.

Keywords: gender equality, women right to land ownership, property rights, women empowerment

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441 Polygamy versus Equality Rights: Polyandry as a Solution

Authors: Nqobizwe Mvelo Ngema

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The right to equality has been accepted as one of the principles of jus cogens since the Second World War and it is protected in numerous international and regional human rights instruments. The convention on the elimination of all forms of discrimination against women (CEDAW) is a comprehensive document that serves as the international Bill of Rights for women and it prohibits polygamy. This paper examines whether the most unusual customary practice of polyandry would serve as a solution in elevating the status of women to be on par with that of man that are polygamists or not. This paper concludes by arguing that polyandry cannot solve the problem of inequalities that are confronted by women because even in polyandrous societies there is male domination that is detrimental to the equality rights of women.

Keywords: human rights, polygamy, polyandry, polygyny

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440 Media Representations of Gender-Intersectional Analysis of Impact/Influence on Collective Consciousness and Perceptions of Feminism, Gender, and Gender Equality: Evidence from Cultural/Media Sources in Nigeria

Authors: Olatawura O. Ladipo-Ajayi

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The concept of gender equality is not new, nor are the efforts and movements toward achieving this concept. The idea of gender equality originates from the early feminist movements of the 1880s and its subsequent waves, all fighting to promote gender rights and equality focused on varying aspects and groups. Nonetheless, the progress and achievement of gender equality are not progressing at similar rates across the world and groups. This uneven progress is often due to varying social, cultural, political, and economic factors- some of which underpin intersectional identities and influence the perceptions of gender and associated gender roles that create gender inequality. In assessing perceptions of gender and assigned roles or expectations that cause inequalities, intersectionality provides a framework to interrogate how these perceptions are molded and reinforced to create marginalization. Intersectionality is increasingly becoming a lens and approach to understanding better inequalities and oppression, gender rights and equality, the challenges towards its achievement, and how best to move forward in the fight for gender rights, inclusion, and equality. In light of this, this paper looks at intersectional representations of gender in the media within cultural/social contexts -particularly entertainment media- and how this influences perceptions of gender and impacts progress toward achieving gender equality and advocacy. Furthermore, the paper explores how various identities and, to an extent, personal experiences play a role in the perceptions of and representations of gender, as well as influence the development of policies that promote gender equality in general. Finally, the paper applies qualitative and auto-ethnographic research methods building on intersectional and social construction frameworks to analyze gender representation in media using a literature review of scholarly works, news items, and cultural/social sources like Nigerian movies. It concludes that media influences ideas and perceptions of gender, gender equality, and rights; there isn’t enough being done in the media in the global south in general to challenge the hegemonic patriarchal and binary concepts of gender. As such, the growth of feminism and the attainment of gender equality is slow, and the concepts are often misunderstood. There is a need to leverage media outlets to influence perceptions and start informed conversations on gender equality and feminism; build collective consciousness locally to improve advocacy for equal gender rights. Changing the gender narrative in everyday media, including entertainment media, is one way to influence public perceptions of gender, promote the concept of gender equality, and advocate for policies that support equality.

Keywords: gender equality, gender roles/socialization, intersectionality, representation of gender in media

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439 Gender Equality: A Constitutional Myth When Featured with Domestic Violence

Authors: Suja S. Nayar, Mayuri Pandya

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The foundation of legal system of any nation is its constitution and the strive to achieve equality amongst different classes prevailing in the social system. The most traditional form of inequality that is prevailing in the society is the gender inequality. The existence of inequality on the basis of gender prevails since the ancient era which has with the passing time merely continued and aggravated to a great extent. The founding fathers of our constitution were well aware of the then prevailing situation and being concerned about the future if this inequality continued to prevail, and in such view, the provisions of Article 14, 15, 38 and 44 of our Constitution were enacted with specific intent for the upliftment of women. The strive for equality is the rule of law embodied with the principle of foreseeability which is necessitated in the stability of justice system of any nation, and when it comes to equality, the first form of equality we need to achieve is gender equality. Time and again various initiatives have been announced and attempted to achieve the objective of gender equality, but analysis of the ground reality always have yielded disappointing results. The research that is proposed to be undertaken intends to cover all the above issues concerning the failures ineffective implementation of the gender-specific laws especially the provisions concerning the protection provided under Domestic Violence Act. The researchers will analyze the judgment of last five years' judgments of Supreme Court of India. In Hiral P. Harsora and ors. v Kusum Narottamdas Harsora and Ors. the Hon'ble Supreme Court recently deleting the words 'adult male' from the definition of respondent disclosed it is intent and understanding that domestic violence is being caused by a female on female also and not only restricted to males on females only. The procedure as prescribed under the act for claiming reliefs though is as per the criminal mandate, but the reliefs are of civil nature and so same needs to deal emphatically which now makes it a lengthier process. The pros and cons of such pronouncements are being weighed on the balance of constitution and social equality that is strived by the entire women fraternity.

Keywords: domestic, violence, constitution, gender, equality, women

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438 Gender Equality in Brazil: Advances and Retreats in Times of Social Networks

Authors: Lara Góes Da Costa

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This paper analyzes the social dimension of the empowerment of women in Brazil, following the principles of human development of the UN WOMEN, in particular the sixth principle, which establishes the promotion of gender equality through social policy initiatives and activism in general aimed at community. In Brazil, women's empowerment has taken social networks through the creation of avatars and pages of dissemination and promotion of gender equality, as well as denunciations and educational posts such as 'Observe Gender', 'Empower Two Women', 'Black Intellectual Women', among others. At the same time, women's social inclusion bills in various sectors are trailing in the legislative apparatus, with little or no relation to the current discussion of gender diversity and intersectionality. In this sense, this article establishes an analytical parallel between the media manifestations of social networks and the social distance of the representatives of the legislative power. This parallelly shows the political failing to meet the social demands of inclusion, as to multiply the creation of laws and the effectiveness of the principle of promoting gender equality.

Keywords: gender, rights, justice, social networks

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437 The Right to a Fair Trial in French and Spanish Constitutional Law

Authors: Chloe Fauchon

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In Europe, the right to a fair trial is enshrined in the European Convention on Human Rights, signed in 1950, in its famous Article 6, and, in the field of the European Union, in Article 47 of the Charter of Fundamental Rights, binding since 2009. The right to a fair trial is, therefore, a fundamental right protected by all the relevant treaties. The right to a fair trial is an "umbrella right" which encompasses various sub-rights and principles. Although this right applies in all the proceedings, it gets a special relevance in criminal matters and, particularly, regarding the defendant. In criminal proceedings, the parties are not equal: the accusation is represented by a State-organ, with specific prerogatives, and the defense does not benefit from these specific powers and is often inexperienced in criminal law. Equality of arms, and consequently the right to a fair trial, needs some specific mechanisms to be effective in criminal proceedings. For instance, the defendant benefits from some procedural rights, such as the right to a lawyer, the right to be informed of the charges against them, the right to confront witnesses, and so on. These rights aim to give the defendant the tools to dispute the accusation. The role of the defense is, therefore, very important in criminal matters to avoid unjustified convictions. This specificity of criminal matters justifies that the focus will be put on them during this study. Then this paper will also focus on French and Spanish legal orders. Indeed, if the European Court and Convention on Human Rights are the most famous instruments to protect the right to a fair trial, this right is also guaranteed at a constitutional level in European national legal orders in Europe. However, this enshrinement differs from one country to the other: for instance, in Spain, the right to a fair trial is protected explicitly by the 1978 constitutional text, whereas, in France, it is more of a case-law construction. Nevertheless, this difference between both legal orders does not imply huge variations in the substantive aspect of the right to a fair trial. This can be specifically explained by the submission of both States to the European Convention on Human Rights. This work aims to show that, although the French and Spanish legal orders differ in the way they protect the right to a fair trial, this right eventually has the same substantive meaning in both legal orders.

Keywords: right to a fair trial, constitutional law, French law, Spanish law, European Court of Human Rights

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436 Enabling Gender Equality in Leadership: An Exploration of Leadership and Self-Awareness, Using Community Participatory Action Research Methods

Authors: Robyn Jackaman

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This research explores the characterization of leadership, self-awareness, and gender identity within a higher educational institution. This is in response to the widely researched area of gender in relation to senior management levels and the contemporary reflection of this issue in leadership, where gender diversity is lacking. Through organizational platforms, the University has self-identified issues relating to gender, equality, and representation. With equality being central to the core of the project, a Community Participatory Action Research approach was implemented. This approach was chosen as it is recognized for facilitating change within community contexts which complements the University Campus culture. Seventeen semi-structured interviews gave qualitative insight into working habitus (from both professional and academic services), leadership attributions and qualities and gender significance within the workplace. The research team (cross-disciplinary) used framework analysis to code and categorized the data. Key findings presented categories in gender significance to personal/work identity, organizational change and positive reflections on leadership characteristics and roles. This research has helped support the creation of tools to better assist the organization in gender equality, inclusion, and leadership development.

Keywords: gendered work, gender equality, leadership, university organization

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435 Gifted Disadvantage in Education Safety Net: A Reality Check: A Case Study From India

Authors: Jyoti Sharma

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Although notion of giftedness is a reality, yet it swings along the pendulum of equality and excellence. At times, nurturance of gifted abilities becomes a struggle of better catchment of resources and facilities. Those from affluent setup are blessed with better support system whereas gifted children from disadvantaged group suffer from submissive upbringing. In developing countries like India, with diverse demographic profiles, socio-cultural diversity and economic disparity, the very concept of equality in education face severe challenge. The present paper presents the dichotomy of ideology of equality and excellence in education practices. It highlights the need of wider vision, better policy making and decentralized implementation services to allow gifted children to enjoy what they are; dream what they can be; and promote what they will be.

Keywords: gifted, disadvantaged, education safety net, India

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434 Dance Skirts As Strategy For Gender Equality Work In Swedish Preschools Dance Education

Authors: Martha Pastorek Gripson, Anna Lindqvist

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The research project points at, and discusses, strategies, problems and possibilities when preschool teachers describe their work with dance in two Swedish preschools. The use of dance itself is a strategy for a more inclusive preschool practice and the use of so-called “dance skirts” is regarded as central for facilitating both dance qualities and to promote gender equality. The research is carried out in an action research project, involving two preschools with specific focus on gender equality work. The result problematizes the use of so-called “dance skirts”, as those can be both a tool for appreciation of aesthetics associated with femininity but at the same time create dance mainly as ballet related activity.

Keywords: dance, body, education, preschool, gender

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433 Global Position of Gender Equality in India: A Comparative Study

Authors: Mangesh Govindrao Acharya

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It’s a matter of regret that rule began by causing social divisions in slave India. Even after independence, gender inequality persisted in Indian society; however, as social consciousness, awareness of governance, and political participation increased, this disparity gradually decreased. Technological advancement played an important role in awakening women. Today, a large number of women are able to address their problems in relevant places. The sense of honour for women in the family has also increased. Education, health, and food are indispensable for a strong society. Society's attitude towards the education of women and girls has become positive. Today, women have set their records in many important places. Women still face many challenges. Health awareness among rural women is a big challenge. Equality between men and women is the biggest social reform campaign implemented in our country. It has been going on endlessly for years, but the expected success does not seem to have been achieved. On the contrary, the issue of equality between men and women keeps coming before society in a new form. An attempt has been made in the present research essay to give an account of India's performance in this regard at the global level.

Keywords: gender sensitization, gender equality, women's dignity, women's safety

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432 Cultivating Individuality and Equality in Education: A Literature Review on Respecting Dimensions of Diversity within the Classroom

Authors: Melissa C. Ingram

Abstract:

This literature review sought to explore the dimensions of diversity that can affect classroom learning. This review is significant as it can aid educators in reaching more of their diverse student population and creating supportive classrooms for teachers and students. For this study, peer-reviewed articles were found and compiled using Google Scholar. Key terms used in the search include student individuality, classroom equality, student development, teacher development, and teacher individuality. Relevant educational standards such as Common Core and Partnership for the 21st Century were also included as part of this review. Student and teacher individuality and equality is discussed as well as methods to grow both within educational settings. Embracing student and teacher individuality was found to be key as it may affect how each person interacts with given information. One method to grow individuality and equality in educational settings included drafting and employing revised teaching standards which include various Common Core and U.S. State standards. Another was to use educational theories such as constructivism, cognitive learning, and Experiential Learning Theory. However, barriers to growing individuality, such as not acknowledging differences in a population’s dimensions of diversity, still exist. Studies found preserving the dimensions of diversity owned by both teachers and students yielded more positive and beneficial classroom experiences.

Keywords: classroom equality, student development, student individuality, teacher development, teacher individuality

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431 The Gender Equality within the European Union Reconciliation of Work and Family Life Policies: Tackling Gender Inequality or Tackling Unemployment

Authors: Nazli Kazanoglu

Abstract:

Reconciliation of work and family life has been an area of interest within the academic as well as in the political debate for more than three decades. With the dramatic changes in the extent to which women and men contribute to unpaid domestic work and paid employment, the reconciliation of work and family life issues have become more prominent than ever before. And they have begun to enjoy an increased attention of policy makers both at the EU and national levels. Over the last three decades the EU has initiated numerous equality programs and strategies and roadmaps regarding reconciliation of work and family life, though particularly because of the crisis and increasing willingness of achieving the EUs target of seventy five per cent of men and women in employment by 2020, those programs, strategies and roadmaps emphasized on eradicating womens familial burdens while entering labor market and providing them as equal opportunities as their male counterparts have. Reconciliation of work and family life policies thus bit by bit moved away from the objectives with a strong commitment to ensuring gender equality towards employment objectives. This paper is thus an endeavor to look at the nature of EU reconciliation of work and family life policies from the angle of gender equality. More precisely relying on the feminist literature, this paper rests on the assumption that reconciliation of work and family policies should provide the sufficient measures indeed with a more emphasis on endorsing gender equality rather than economic concerns and prioritizes two inter-related aspects while evaluating the gender equality of reconciliation of work and family life policies. First providing free choice to women in terms of their family and work lives and second challenge the unequal division of labor at home. In that sense, it investigates the nature of the changing uses and meanings of gender equality in reconciliation of work and family life policies in different stages of the EU social policy development particularly after the introduction of European Employment Strategy which gave a tremendous importance to reconciliation of work and family life during their collaborations with other issues on the EU agenda as well as the major rationale behind their development and implementation and locates them in terms of two inter-related parameters mentioned above.

Keywords: European Union, division of unpaid work, gender equality, rhetoric of free choice

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430 Gender Equality for the Environment: Positioning India

Authors: Nivedita Roy, Aparajita Chattopadhyay

Abstract:

Gender discrimination is already one of the major factors why India is still in the list of the 3rd World Countries, but, when it comes to gender inclusion in the environmental arena, this umbrella concept is quite unheard of by our countrymen. The main objective was to assess gender equality for the environment through calculating Environment and Gender Index on a country level, India, in this case. 22 states out of 29 were considered for calculation. Also, out of the 72 countries chosen by IUCN to calculate EGI, the lower middle income group of countries was chosen to assess the position of India, also a lower middle income group country, among them. Linear Regression is executed through SPSS and simple graphs and tables are prepared through MS-EXCEL for analysis. India portrays good governance, reporting activities well to the UN but in terms of basic livelihood and gender equality, the performance is comparatively weak.

Keywords: environment, gender, livelihood, rights, participation, development, conservation

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429 Analyzing Culture as an Obstacle to Gender Equality in a Non-Western Context: Key Areas of Conflict between International Women’s Rights and Cultural Rights in South Sudan

Authors: C. Leiber

Abstract:

International human rights treaties ensure basic rights to all people, regardless of nationality. These treaties have developed in a predominantly Western environment, and their implementation into non-western contexts often raises questions of the transfer-ability of value systems and governance structures. International human rights treaties also postulate the right to the full enjoyment and expression of one’s own culture, known as cultural rights. Many cultural practices and traditions in South Sudan serve as an obstacle to the adaptation of human rights and internationally agreed-upon standards, specifically those pertaining to women’s rights and gender equality. This paper analyzes the specific social, political, and economic conflicts between women’s rights and cultural rights within the context of South Sudan’s evolution into a sovereign nation. It comprehensively evaluates the legal status of South Sudanese women and –based on the empirical evidence- assesses gender equality in four key areas: Marriage, Education, Violence against Women, and Inheritance. This work includes an exploration into how South Sudanese culture influences, and indeed is intertwined with, social, political, and economic spheres, and how it limits gender equality and impedes the full implementation of international human rights treaties. Furthermore, any negative effects which systemic gender inequality and cultural practices that are oppressive to women have on South Sudan as a developing nation are explored. Finally, those areas of conflict between South Sudanese cultural rights and international women’s rights are outlined which can be mitigated or resolved in favor of elevating gender equality without imperializing or destroying South Sudanese culture.

Keywords: cultural rights, gender equality, international human rights, South Sudan

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428 Energy Strategy and Economic Growth of Russia

Authors: Young Sik Kim, Tae Kwon Ha

Abstract:

This article considers the problems of economic growth and Russian energy strategy. Also in this paper, the issues related to the economic growth prospects of Russian were discussed. Russian energy strategy without standing Russia`s stature in global energy markets, at the current production and extraction rates, will not be able to sustain its own production as well as fulfil its energy strategy. Indeed, Russia’s energy sector suffers from a chronic lack of investments which are necessary to modernize its energy supply system. In recent years, especially since the international financial crisis, Russia-EU energy cooperation has made substantive progress. Recently the break-through progress has been made, resulting mainly from long-term contributing factors between the countries and recent international economic and political situation changes. Analytical material presented in the article is intended for a more detailed or substantive analysis related to foreign economic relations of the countries and Russia as well.

Keywords: Russia, energy strategy, economic growth, cooperation

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427 Bridging the Gap: Gender Equity in Nigerian Science Education

Authors: Onyia Comfort Ngozi, Iketaku Ifeoma Roseline

Abstract:

Inspite of the laudable goals and objectives in education, Nigerian women, still face a lot of challenges that hinder the personal and national development. There are unbalances between males and females at all levels of the science education sector in Nigeria. Educate a woman, and you educate a nation, and if you educate a man, you educate an individual. It is on this note that the paper focuses on bridging the gender gap as it concerns science education in Nigeria. Suggestions were made as measures of bridging the gender gap in Nigerian education sector. The researchers concluded that achieving gender equality will promote greater equality in employment, help postpone early marriages, reduce infant mortality rates and improve health and education for a future generation. Thus, the paper recommended that government should involve women in policy making to take care of any gender issue and bias that may be included either consciously or not, during formulation stage.

Keywords: education, gender, science education, women, equality

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426 Equality at Home and Equality at Work: The Effect of European Court of Human Rights Jurisprudence on Turkish Gender Policy

Authors: Olgun Akbulut

Abstract:

Turkey has entered in the European human rights monitoring in the early 1990s. Since then many improvements have been observed in domestic law. However, one area stays the least developed one: gender discrimination. Although the country is proud of the fact that electoral rights for women were recognized in Turkey even before many developed countries in the west, interestingly the first Turkish case where the European Court of Human Rights (ECrtHR) found discrimination concerned gender discrimination. With the proposed paper, the author is willing to determine and analyze the findings of the ECrtHR in cases decided against Turkey concerning gender discrimination, identify whether Turkish public institutions display coordination in engagement or disengagement in implementing the judgments where the ECrtHR found discrimination on the basis of gender and evaluate the effectiveness of the Court's jurisprudence on Turkish gender policy.

Keywords: equality, gender discrimination, human rights, Turkey

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