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Despite its importance to gender inequality, household incomes, and labor markets, the reasons behind Britain being one of the last major Western nations to introduce equal pay have been relatively neglected. This article first examines the campaign for equal pay from the late Victorian era to its eventual introduction in 1970. Economists predicted that equal pay would produce substantial female unemployment, but policy makers correctly doubted this—as data collected from early adopters in West Europe and North America showed no significant rise in female unemployment. Female employment rose substantially during Britain’s equal pay implementation—while, in contrast to broadly static earnings differentials from 1950 to 1970, there was a significant reduction in the gender pay gap, followed by a longer-term trend of narrowing differentials. This article explores why equal pay expanded female employment, given the absence of any sudden rise in women workers productivity or substantial acceleration of structural change in favor of female-employing sectors. The article finds that equal pay compelled employers to reevaluate the real worth of female workers based on their substantial relative human capital growth since 1945. This had not hitherto been reflected in relative earnings, owing to barriers such as segmented labor markets, monopsonistic employers, and collective bargaining procedures that fossilized traditional gender pay differentials.
Jessica Kiser situates the chapter, explaining that the plaintiff in Donahue was a minority shareholder who sued the company and its directors for breach of fiduciary on account of causing the company to purchase the stock of a former director and controlling shareholder, but refusing to treat her equally by purchasing her shares at the same price. The court held that the company and its directors had breached their fiduciary duty, reasoning that shareholders in a close corporation owe a heightened standard of good faith and loyalty as compared to public companies. Cindy Schipani’s feminist judgment preserves the original opinion’s holding, but expands on the nature of the Donahue’s oppression – not just as a minority shareholder, but as a woman shut out of employment opportunities by virtue of class and gender. Kiser highlights the intersectionality of Schipani’s rewritten opinion.
This article presents the results of a 2021 international online survey of 419 early career researchers in archaeology. Respondents were passionate about pursuing an academic career, but pessimistic about job and career prospects. Statistics highlight specific obstacles, especially for women, from unstable employment to inequitable practices, and a chronic lack of support. Over 180 open-ended comments reveal worrying levels of workplace bullying and discrimination, particularly targeting women and minorities. The impact of the COVID-19 pandemic on early career researchers is also examined. The survey's findings are analysed and contextualized within the international higher education sector. A communal effort is necessary to create sustained change, but early career researchers remain hopeful that change can be implemented.
This chapter explores different modes of systemic critique employed by women writers of crime fiction around the world. It begins by introducing “systems-focused crime fiction,” a mode used by women crime writers to combat the endemic challenges posed by gender discrimination in their cultural settings. After examining the differences between this and other feminist approaches, the chapter surveys the inequalities disproportionately affecting women worldwide that are demonstrated by the systems-focus. By way of illustration, the chapter reads two subgroups of crime fiction. The first highlights women impacted by systemic oppression, as exemplified in novels of by Claudia Piñeiro, Marcela Serrano and Angela Makholwa, and the second positions women as investigators and challengers of oppressive systems, as in the works of Unity Dow, Kishwar Desai and Han Kang. The chapter concludes with a case study of femmes fatales in world crime fiction, based on a comparison of Oyinkan Braithwaite’s My Sister the Serial Killer and Natsuo Kirino’s Out. Overall, the chapter highlights the compelling ways that women crime writers utilize genre conventions to contest systemic inequalities.
This chapter examines the contested concept of constitutional identity in the comparative constitutional law literature and situates it in the specific jurisdictional context of Nepal. In particular, the analysis concentrates on the foundational function of constitutions and explores the relationship between constitutionalism, identity politics, and constitutional design. Nepal is an ideal case study for exploring the notion of constitutional identity because it sits uneasily within the traditional taxonomies used in the discipline. For instance, Nepal is the only South Asian country that was never colonised and whose legal system does not operate in English, but in the country’s national language, Nepali. This unusual level of historical continuity in the process of nation-building has complicated the construction of constitutional identity, as demonstrated by the embattled historical relationship between the Shah-centered “national monarchy” and democracy, the enduring and controversial position of Hinduism in the constitutional framework, and the patterns of legal discrimination on the basis of identity that persist in the new 2015 constitution.
This chapter focuses on the gendered experiences of Asian women scientists drawing from interviews with forty such scientists from China, India, Japan, Pakistan, Singapore and Taiwan. It outlines their experiences as they decide to pursue a graduate education, postdoctoral training, and subsequently a career in science. It clarifies why they deemed Western countries to be more accepting of women scientists, though certainly not discrimination free. The chapter shows that when these women began shifting their status from “student of science” to “practitioner of science,” they began encountering more gendered prejudice. The idea of a “gender shock” is introduced, which captures the experience of entering a social and symbolic space where the attitudes, norms and beliefs surrounding one’s gender are unexpected in either a positive or negative way. The corrective actions taken in response to gendered social forces are termed “gender compromises,” a settling for a less-than-preferred course of action in one life domain to satisfy gender pressures in another life domain. However, gender compromises do not always involve these women giving up career ambitions for the sake of family.
This chapter examines the limits of state interference in proscribing cultural norms by considering gender discrimination, the right of people to leave their community free of penalties, denying women appropriate education, and forced or arranged marriages for girls and young women. The discussion opens by reflecting on the discriminatory practices of the Pueblo tribes against their women and analysing an American court case, Santa Clara v. Martinez. It is argued that the severity of rights violations within the minority group, the insufficient dispute-resolution mechanisms and the inability of individuals to leave the community if they so desire without penalty justify state intervention to uphold the dissenters’ basic rights. Next, a Canadian case, Hofer v. Hofer, illustrates the problematics of denying reasonable exit right to members who may wish to leave their community. Subsequently, the discussion turns to the issue of arranged and forced marriages of girls and young women. While the latter is coercive the former is not. While forced marriages should be denounced as unjust, arranged marriages can be accepted. Finally, the chapter considers denying education to women, arguing that such a denial is unjust and discriminatory.
This is the introductory chapter to the edited collection on 'Data-Driven Personalisation in Markets, Politics and Law' (Cambridge University Press, 2021) that explores the emergent pervasive phenomenon of algorithmic prediction of human preferences, responses and likely behaviours in numerous social domains – ranging from personalised advertising and political microtargeting to precision medicine, personalised pricing and predictive policing and sentencing. This chapter reflects on such human-focused use of predictive technology, first, by situating it within a general framework of profiling and defends data-driven individual and group profiling against some critiques of stereotyping, on the basis that our cognition of the external environment is necessarily reliant on relevant abstractions or non-universal generalisations. The second set of reflections centres around the philosophical tradition of empiricism as a basis of knowledge or truth production, and uses this tradition to critique data-driven profiling and personalisation practices in its numerous manifestations.
This chapter takes up the challenge to see the United Nations Sustainable Development Goals (SDGs) as integrated and indivisible, and does so through the lens of slavery survivors’ own accounts. It draws from a major new collection of contemporary survivor narratives to answer a key question: which SDG target achievements are more likely to prevent or end enslavement? Focusing on India and on forced marriage as a case study, it looks beyond the SDG targets on forced labor (8.7) and forced marriage (5.3) themselves to identify three main SDG target issues as drivers of enslavement: 1.2 (poverty), 4.5 (gender disparities in education), and 5.1 (discrimination against women). Survivors also highlight the multi-directional relationships between these target issues that led to their exploitation. As an approach, this multi-SDG coding of narratives suggests that survivors’ own voices could be more central to the global antislavery and development agendas. In the detail of individuals’ unique lived experiences, we can identify the interrelated causal factors for vulnerability, and better enable the global antislavery community to tackle the socio-economic, cultural, and political drivers for slavery that are embodied in a range of SDG target combinations.
In Chapter 1, Sophie Fuller considers the musical landscape which composers working in the earlier twentieth century inhabited. From the early days of the twentieth century, when women were expected to concentrate upon song and small-scale piano works, to the wider opportunities which opened up during the interwar period, Fuller considers a range of composers, including Cécile Chaminade, Maude Valérie White, Louise Adolpha Le Beau, Ethel Smyth, Adela Maddison, Poldowski (Irene Wieniawska), Marguerite Canal, Jeanne Leleu, Elizabeth Maconchy, Grace Williams, Ruth Crawford Seeger, Elsa Barraine, Germaine Tailleferre, and Alma Mahler.
This paper empirically investigates the effect of transnational migrants on gender equality in the country of origin measured by the share of women enrolled in the lower chamber of National Parliaments. We test for a “migration-induced transfer of norm” using panel data from 1970 to 2010 in 10-year intervals. Total international migration has a positive and significant effect on female political empowerment in countries of origin conditional on the initial female parliamentary participation in both origin and destination countries. Endogeneity issues are taken into account and results are tested under specific geo-political subsamples.
This chapter examines the history of efforts to ensure gender equity in education. Special attention is paid to the provisions, case law, and enforcement actions of Title IX of the Eduational Act of 1972. Key precedents are examined, including Grove City, Cannon, Gebser, and Davis. The chapter also examines the use of the Equal Protection Clause to create equal educational opportunities for women - most notably exemplified by Justice Ginsburg’s majority opinion in United States v. Virginia. The chapter compares the disparate approaches to Title IX enforcement taken by the Obama and Trump adminstrations, contrasting the standards, emphases, and procedures outlined in their respective regulatory documents. Finally, the chapter examines the ongoing prevalence of gender discrimination in American education and American society at large. The tenets of social constructivism promise to help mitigate both harmful tendencies.
In Badges and Incidents, Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American educational system does not reflect how human beings live and learn. It examines the principles of the nation's Founders and demonstrates how a distorted presentation of the Founders' views curtailed the development of a truly democratic educational system. The influence of this distortion on several critical Supreme Court decisions is exposed, and these decisions have largely failed to facilitate the educational system the Founders envisioned. By placing contemporary challenges in context and endorsing social constructivist pedagogy as the best path forward, Kaufman's study will prove invaluable to advocates of equity in education, helping them navigate a contentious political climate with an eye toward future reform efforts.
Gender inequality and discrimination, as well as violence and victimisation towards women, have recently hit the headlines creating a media furore. We provide a timely discussion surrounding the impact of these issues on women's mental health and a discussion of the role of psychiatry in this context.
Declaration of interest
K.B. is the editor for the British Journal of Psychiatry but has not played a role in the decision to accept this editorial for publication in this journal. G.H. has no conflict of interest to declare.
Care of children affected by AIDS in Swaziland is predominately provided by families, with support from ‘community-based responses’. This approach is consistent with United Nations International Children’s Fund’s (UNICEF) framework for the protection, care and support of children affected by AIDS. However, the framework relies heavily on voluntary caregiving which is highly gendered. It pays limited attention to caregivers’ well-being or sustainable community development which enables more effective caregiving. As a result, the framework is incompatible with the social justice principles of primary health care, and the sustainable development goals (SDGs).
Our aim was to examine the effects and gender dimensions of providing voluntary, community-based, care-related labour for children affected by AIDS.
We conducted multiple-methods research involving an ethnography and participatory health research, in a rural Swazi community. We analysed data related to community-based responses using an abductive, mixed-methods technique, informed by the capabilities approach to human development and a gender analysis framework.
Two community-based responses, ‘neighbourhood care points’ (facilities that provide children meals) and the ‘lihlombe lekukhalela’ (child protector) program were being implemented. The unpaid women workers at neighbourhood care points reported working in challenging conditions (eg, lacking labour-saving technologies), insufficient and diminishing material support (eg, no food), and receiving limited support from the broader community. Child protectors indicated their effectiveness was limited by lack of social power, relative to the perpetrators of child abuse. The results indicate that support for community-based responses will be enhanced by acknowledging and addressing the highly gendered nature of care-related labour and social power, and that increasing access to material resources including food, caregiver stipends and labour-saving technologies, is essential. These strategies will simultaneously contribute to the social and economic development of communities central to primary health care, and achieving the poverty, hunger, gender and work-related SDGs.
Following the EU Gender Directive, that obliges insurance companies to charge the same premium to policyholders of different genders, we address the issue of calculating solvency capital requirements (SCRs) for pure endowments and annuities issued to mixed portfolios. The main theoretical result is that, if the unisex fairness principle is adopted for the unisex premium, the SCR at issuing time of the mixed portfolio calculated with unisex survival probabilities is greater than the sum of the SCRs of the gender-based subportfolios. Numerical results show that for pure endowments the gap between the two is negligible, but for lifetime annuities the gap can be as high as 3–4%. We also analyze some conservative pricing procedures that deviate from the unisex fairness principle, and find that they lead to SCRs that are lower than the sum of the gender-based SCRs because the policyholders are overcharged at issuing time.
This article examines the evolving way the ‘family’ and ‘family life’ have been understood in international and regional human rights instruments, and in the case law of the relevant institutions. It shows how the various structural components which are considered to constitute those concepts operate both between relevant adults and between adults and children. But it also shows that important normative elements, in particular, anti-discrimination norms, operate both to undermine the perception of some structures as constituting ‘family’, and to modify those structures themselves. This raises the question how far human rights norms should be seen as protecting family units in themselves or the individual members that constitute them.
The paper distils results from a review of relevant literature and two gender analyses to highlight reasons for gender imbalances in senior roles in global health and ways to address them. Organizations, leadership, violence and discrimination, research and human resource management are all gendered. Supplementary materials from gender analyses in two African health organizations demonstrate how processes such as hiring, deployment and promotion, and interpersonal relations, are not ‘gender-neutral’ and that gendering processes shape privilege, status and opportunity in these health organizations. Organizational gender analysis, naming stereotypes, substantive equality principles, special measures and enabling conditions to dismantle gendered disadvantage can catalyze changes to improve women's ability to play senior global health roles in gendered organizations. Political strategies and synergies with autonomous feminist movements can increase women's full and effective participation and equal opportunities. The paper also presents organizational development actions to bring about more gender egalitarian global health organizations.
OECD countries are concerned with strong male-female disparities in the labour market, in particular: with a wage gap in favour of men; with a strong gender occupational segmentation. Although empirical studies suggest malefemale differences in work attitudes have a part in these facts, this aspect is often overlooked in economic theory. In this paper, we propose an employment relationship model to capture the role of work attitudes. We consider agents exhibiting self-esteem motives which may represent a source of non pecuniary work motivation. Depending on the optimal contract, an agent develops such a motivation or not. We rely on this model to offer an explanation of observed disparities. The model accounts for a gendered vertically segmented labour market with an overrepresentation of women in low effort requirement poorly-paid jobs.
Women all over the world have experienced discrimination and victimisation. However, the level of suffering women in Africa experience far exceeds imaginable proportions. Trapped between the unholy matrimony of poverty and harsh economic conditions, dictatorial regimes, religious beliefs, and cultural and traditional practices, women in Africa have been subjected to some of the worst forms of gender-based violence, abuse, victimisation, prejudice and oppression. Yet, women are at the same time the symbol of love and so central to the maintenance of African ways of life. The African Charter on Human and Peoples' Rights was criticised for its failure to maintain a proper balance between women's rights and African tradition. This article argues that the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (African Women's Protocol) adopted by the African Union on 11 July 2003 to beef up the protection of women's rights on the continent is amenable to a similar criticism. While it deals with many important issues affecting African women, it fails to articulate a clear or consistent African approach to women's rights. As a result, it is difficult to reconcile the Protocol with the existing body of jurisprudence in the regional human rights system as developed under the African Charter and the African Charter on the Rights and Welfare of the Child.
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