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

KNOWLEDGE TREE LAW NOTES I 

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