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Gender Discrimination and Equality
Overview

Overview

The concept of status of women eludes precise definition and hence, precise measurement Status can be perceived in different ways for example, to which extent women can have access to social and material resources within the family, community and society or what is her authority or power within the family or community and the prestige that is commanded from other members are some of the parameters. Others include the extent to which women have access to knowledge, economic resources and political power

as well as the degree of autonomy they have in decision-making and making personal choices at crucial points in their life cycle. The idea of status also connotes the notion of equality. There can be self-perceived status or objective-status; a situation which can lead to status inconsistency when a person is very high in one type of status and yet very low in another.

Throughout history, women as a class have possessed relatively few formal rights. Gender inequality manifests itself in the family, labor market, political-juridical structure, and in cultural-ideological production. At the same time, gender relations also interact with other relations of inequality, based primarily on social class and on race, caste, religion, and sexuality. In this regard, it is important to understand and recognize how values, norms, and practices that are embedded in particular domains or social institutions may foster inequality, reinforce power, differentiates between sexes, or perpetuates violence against women.

CEDAW has been instrumental in shaping legal and policy framework. It has been an inspiration for women in all parts of the world and has been responsible for initiating significant changes at the country level, as well as in the international sphere. Women's groups and networks have effectively used the Convention to combat discrimination, including the areas of violence against women, poverty, lack of legal status, inability to inherit or own property etc. The Convention has had a positive impact on legal and other developments in support of gender equality in countries throughout the world. Developments include strengthening of provisions in Constitutions of many countries, guaranteeing equality between women and men and providing a constitutional basis for the protection of women's human rights, bringing existing legislation into conformity with the principles and obligations set out in the Convention, and use of Convention by Judges in their decision-making.

Some equalists believe that certain feminists have abandoned notions of equality, and instead are focusing only on females' rights up to a point of excluding the rights of men. "Gender equality" relies on the belief of equality of gender. This word should replace feminism, which used to describe a belief in basic equal rights and opportunities for members of both the sexes within legal, social, or corporate establishments. We should strive for ultimate fairness, and seek cooperative solutions so as to make things better for both men and women. Despite positive developments in law, and policies and practices, inequality still exists in every country and at all levels of society.

This derivative contains articles on gender, status, equality and discrimination of women all over the world.

"Freedom from Violence as A Human Right: Toward A Feminist Politics of Nonviolence" was written by Kristin Bumiller, where the author advocates Human Rights as universal ethical standards that affirm equality and dignity of human beings. Over the past 30 years, international networks of feminists have employed the platform of human rights to advocate cause of women. In this context, Human Rights paradigm views all forms of violence against a woman's body as a violation of a person's fundamental right to freedom of movement, personal dignity, and economic sustainability. The violations are primarily understood as a result of failure to protect women as a class and promote their equal status in society. CEDAW is a broad-based effort in order to protect women's rights in all domains of life, addressing gender-based violence as a form of discrimination. In US, it is seen as a crime control issue that is left to the State and local authorities. This article discusses various aspects of violations including trafficking, which has become a worldwide phenomenon, and is related to international sex markets, labor markets and illegal immigration.

"Not Waving but Drowning: Gender Mainstreaming and Human Rights in the United Nations" is an article by Hillary Charlesworth. For responding to inequalities between women and men, gender mainstreaming has become a mantra in international institutions. This word had seeped into institutional discourse through developmental sphere. The UN Decade for Women, which was launched in Mexico in 1975, had encouraged the integration of women into existing structures. The aim was to change the practice of development in order to prevent inequality between women and men. Gender Mainstreaming is a strategy to implement, monitor and evaluate the policies and programs in all political, economical and social spheres, so that women and men would both benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality. It aims that every effort should be made to broaden women's participation at all levels of decision-making. This article discusses the impact stating that UNDP, World Bank and ILO had found inadequate budgeting for the gender component projects, and general lack of political commitment - both within the organization and at the country level. However, the author concludes by changing the course of mainstream, which requires more radical and difficult interventions for which strategies are to be redefined. It would also require understanding the relationship between critique, utopian thought, and policy reform.

The article "Equality, Comparison and Discrimination" by Beverley Baines discusses about Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982. There lies a controversy between jurists and feminists on substantive equality and formal equality. The author discusses four issues, i.e., equality, comparison, discrimination and status. Justices intended to attribute for the comparison of substantive equality. There is a comparison between anti-discrimination and equality. Discrimination operates as the principle that links instrumental comparison with formal equality. As far as status is concerned, being a male is a central feature of our social existence. The author questions why an unjust status hierarchy, which is organized around gender should continue in the face of constitutional demand for equality?

The article "Caring for Victims of Sexual Abuse" was written by R.J Cook, B.M Dickens and S. Thapa. Sexual abuse is the ultimate crime a man can commit against a woman. Sexual abuse of young people appears universal, challenging the social and familial protective structures in economically developed and developing countries. Laws usually deem minors as incapable of consenting to legally effective sexual intercourse. Sexual abuse affects both the sexes, but while it should be approached through simplistic stereotypes, in many countries, women subordination may be aggravated by their poverty, economic dependence, race and youthful vulnerability. At a wider level, statements on violence against women and ethical aspects of sexual and reproductive rights, consistent with legal momentum invokes human rights principles and observes that women shall have freedom to choose whether to have or not to have sexual relations and should be free from coercion, discrimination and violence.

The article on "The Meaning of Equality: Sexual Harassment, Stalking, and Provocation in Canada, Australia and the United States" was written by Caroline Forell. This article touches three areas of law - Sexual Harassment, Stalking and the Criminal Defense of Provocation in three countries - Canada, Australia and the United States. In the first two substantive countries, gender-equality prevails and in the third country, though it was once available only to men, it is now also being extended to women. Incidentally, laws of all the three countries have originated from the British Common Law. Canada provides sex-equality free from Government discrimination by the provision of 1982, Charter of Rights and Freedoms. The author separately deals with all the three offences in detail.

William Simmons' "Remedies for the Women of Ciudad Juarez through the Inter-American Court of Human Rights" is about those women who have been murdered in Mexico in the last ten years. The author prefers to call this as femicide. Though the Mexican authorities claim that they had resolved 181 cases out of 268 murders, the Mexican Human Rights Commission, had issued two repots in which were suggested several recommendations. Actually, the remedy was to bring action against Mexico under the International Human Rights Law. The violence was based on the ideas of inferiority or superiority of either of the sexes or on the stereotyped roles of both men and women who had legitimized violence against women. The article discusses investigation, prosecution and punishing of abuses of human rights by non-state actors too. A comprehensive set of remedies should be pursued through the Court and other transnational institutions. While creating the precedents in international law, it is imperative that the victims and their families are involved at the forefront of all aspects of any legal proceedings.

The article, Women - Status, Equality, Indian Constitution is by Dr. A. Krishna Kumari. This article discusses the status of Indian women since the period of smriti till date. Though apparently women appear to be equal, in reality they are treated with discrimination. Though Indian Constitution was framed after independence, there are very few number of provisions, which safeguard the interests of women. The author discusses the articles, which directly addresses the interests of women and the directive principles, which can be invoked to interpret the laws in favor of women. Still, in India, equality is more a myth than a reality.

Ann-Zofie Duvander, Tommy Ferrarini, SarSara Thalberg's article "Swedish Parental Leave: Achievements and Reform Challenges" observes that Sweden was one of the first countries to introduce paid parental leave for fathers. The welfare states, which have organized family policy institutions such as parental leave legislation, may impact the choice capacity, well-being and behavior of individuals in many ways. Maternity leave was replaced by the formal gender-neutral parental insurance in the year 1974. It entitled the parents to avail 26 weeks of paid leave with 90% wage replacement. The official motive was to achieve great gender equality by making it possible for both men and women to combine work and family. Reforms in parental leave work helps to strengthen the dual earning family. With this, all children irrespective of one's parent's income or labor market status can stay at home with a parent for at least one year. The Swedish family policy is stimulating both fertility and women who have paid work. It is one of the reasons why Sweden has high female employment rate and that female labor force's participation has increased.

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