GENDER AND THE LAW (NOTES)

GENDER DEFINITIONS:

a) GENDER- is a relational concept that denotes the manner in which men and women are

differentiated in the social-cultural context.

- It denotes the different roles of men and women in society

- Examples:

-

b) SEX- the different physical/biological characteristics

- Examples

c) GENDER MAINSTREAMING-

i) the process of assessing the implications for women and men of any planned action

including legislation, policies, and programmes, in any area and at all levels.

ii) A strategy to reduce inequality between men and women

iii) Before any decisions eg policy is made, there should be an analysis of its effect on

men and women

d) GENDER BASED DISCRIMINATION- discrimination based on gender

- Discrimination that arises from societies idea of the different gender roles

e) GENDER EQUALITY

i) Equality- concept about treating people the same

ii) Gender equality means that the different behaviour, aspirations and needs of

women and men are considered, valued and favoured equally.

iii) It does not mean that women and men have to become the same, but that their

rights, responsibilities and opportunities will not depend on whether they are

born male or female.

iv) Thus gender inequality means treating men and women differently.

v) Examples: girls to take up arts whilst boys to take up sciences in schools.

f) GENDER INEQUITY

i) Equity is about fairness in process and outcome.

ii) Gender equity means fairness of treatment for women and men, according to

their respective needs.

iii) This may include equal treatment or treatment that is different but which is

considered equivalent in terms of rights, benefits, obligations and opportunities.

iv) Its about changing laws to ensure fairness- access to equal opportunities

FEMIINISM- A political movement aimed at transforming gender relations oppressive to

women.

- this is a broad term for a variety of relations between men and women in society

- Feminism discourages discrimination of women

- However different feminist theories have different ideas as to what are the origins of

women discrimination.

 

- Feminism studies want to analyse the causes of discrimination of women in society and

come up with ways of solving them.

FEMINIST THEORIES-

a) Radical feminism (male power)

i) Definition- looks at men as the enemy and root cause of feminism

ii) Origins: patriarchal societies

 

 Patriarchy is a specific male domination based on the powerful role of the

father trend

 This system puts power in males had to organize society and women the

way they want.

 Women are important only for sex and reproduction.

iii) How to tackle gender imbalance: through female empowerment.

iv) Criticism:

 

 Ignore economic imbalances between men and women

 Not all men are patriarchal

 Attempting to share male power instead of changing it-want to be like

men thus creating unnecessary hostility

 

b) Liberal feminism (unequal opportunities)

i) Definition- equal opportunities for women to participate in public life(political

and legal)

ii) Origins: liberal feminism emerged from 2 socio-economic transformations

 

 Industrial revolution

 Revolutions against monarchies and governments in the 18 th century

 

iii) How to tackle gender imbalance

 

 Redistribution of opportunities in health, education, work and politics

 Enhance gender equal laws

 

iv) Criticisms

 

 Ignores structural gender inequities/power relations (social injustices)

 Ignore social inequality

c) Marxist feminism (social inequity)

i) Definition- attribute women’s oppression to social class, race and ethnicity

 

 Capitalism and sexism are inseparable.

 

ii) Origins: Fred Engels writings

 

 It locates women’s oppression in their inability to participate in the public

sphere

 They are only allowed to participate domestically- man goes to work,

woman stays at home.

 Women’s role is domestic thus they are not financially empowered.

 

iii) How to tackle gender imbalance

 

 Allow women access to public life- allow them to earn a living outside the

home.

 

 Raise womens wages instead of paying them low

 Value house work- caring for children, cleaning house and birth

 

iv) Criticisms

 

 Argument that improvement of women’s access to the work force may

improve the standards of living for women , but not change

discrimination.

 

d) Black feminism

e) Eco-feminism

MASCULINISM- is a theory of how men view themselves- their identities

MASCULIIST THEORIES

a) Conservative masculinism:

i) Definition- based on the idea that men are more powerful than women

ii) Origins:

iii) criticisms

b) Religious masculinism

i) Definition

ii) Origins

iii) criticism

c) Liberal masculinism

i) Definition

ii) Origins

iii) criticismz