Legal protection has not prevented women and girls from getting discriminated
Introduction
Women status all over the world is a serious matter of concern. In all societies, women are experiencing different types of oppression and discrimination (Wolfson, Palumbo, Lindgren and Taub 2010). Women are also singled out from the forms of abuse. In all societies of the women, men are usually considered superior to women (Larry 2000). The diversity in needs and interest of women often differentiate through the core survival towards the power and prestige aspirations. All these diversities often hinder the gathered participation of women in public (James and Palmer 2002). Though progress is made towards the women emancipation, still power is prerogative with males, and male try to retain the political, economic, as well as religious control (Wolfson, Palumbo, Lindgren and Taub 2010). The space of women is usually restricted towards the reproduction and household tasks. Still, public space is limited to men as well as for few elite women (Larry 2000). The thesis statement of this essay is to examine the women discrimination, in spite of legal protection.
As per the Convention on the Elimination of all Forms of Discrimination against women (CEDAW), the term discrimination is explained as any distinction, restriction or exclusion, which is built as per sex and holds an impact or purpose of nullifying or impairing the enjoyment, recognition, and exercise by females, irrespective of their marital status on the basis of equality of women and men, fundamental freedom in economic, political, cultural, social and civil area or on the grounds of human rights (Wolfson, Palumbo, Lindgren and Taub 2010).
Women had spent most of their time in struggling for equality, the right to own property, advocate towards a right to vote, right to take equal employment opportunities and the right to attain legal status (Wolfson, Palumbo, Lindgren and Taub 2010). Women are often sought to relive from their subordinate position in the society and to enhance the economic, domestic and political views (Wolfson, Palumbo, Lindgren and Taub 2010). From a long time, they desire to break out from private sphere and participate in the public sphere of society. In the pursuit of equality, the law is often viewed as the powerful tool, which can support in promoting women cause (Wolfson, Palumbo, Lindgren and Taub 2010).
The law is applied for tackling serious problems, and there are different Acts, which are passed to reflect on this (Wolfson, Palumbo, Lindgren and Taub 2010). However, there are some issues over the law effectiveness as the way to remove the inequality, and many disparities, which exist after the enactment of legislation (Wolfson, Palumbo, Lindgren and Taub 2010). Therefore, it can be seen that laws are not a forceful weapon, then it is considered to be, rather for resolving this issue, some other recourses need to be considered (Wolfson, Palumbo, Lindgren and Taub 2010). The right example based on the law inadequacy in this context links importantly with employment and anti-discrimination legislation ineffectiveness in the context of equality for both men and women in the workplace (Wolfson, Palumbo, Lindgren and Taub 2010).
How men think that women discrimination is good?
In most of the organisations, they follow the proponents of equal pay, which is set by governments, but they still discriminate the females on pay scale (Wolfson, Palumbo, Lindgren and Taub 2010). Commonly, this gap is occurring in pay structure in various countries, because still men expect women to go family obligations, instead of going at work. Men even expect from females to have a child, care for elders at home, care for family members and do household works (Wolfson, Palumbo, Lindgren and Taub 2010).
Gender discrimination occurring at the workplace is not only seen in pay gaps, but it can be observed in the case of the glass ceiling and sexual harassment taking place in different organisations (Wolfson, Palumbo, Lindgren and Taub 2010). The concept of glass ceiling started referring the women discrimination at workplaces (Wolfson, Palumbo, Lindgren and Taub 2010). The idea of glass ceiling includes various types of discrimination going on the women, which is limited to the variation in pay while comparing the work, workplace sexual harassment and organisation that run on the policies of family friendly (Wolfson, Palumbo, Lindgren and Taub 2010).
Most of the organisations operated by males follow the concept of glass ceiling in their business, which often creates barrier in the progress of women (Wolfson, Palumbo, Lindgren and Taub 2010). These obstacles are highly debilitated for women’s at the workplace, as it makes them feel inferior, and managers don’t recruit them due to their sex (Wolfson, Palumbo, Lindgren and Taub 2010). Since decades, women are discriminated in different areas, and male population often try to dominate them. Due to the male mentality to project themselves as superior, they often had suppress rights of women.
Women discrimination at workplace
Despite the fact, that females are unable to take part in the public sphere as well as collect paid employment, they still have to face inequality issues in offices (Wolfson, Palumbo, Lindgren and Taub 2010). There are many differences in occupations, where women are usually employed at less wage rate, along with fewer status jobs and fewer chances of promotion (McKay 2008). It can be seen that women’s are often employed as the part-time workers at many places. It clearly depicts the women subordinate position in the hierarchy of occupations (Wolfson, Palumbo, Lindgren and Taub 2010). Two key reasons that could be given for this workplace imbalance; first, women are often referred as the subject of gender discrimination, and the next is that role of women within the private sphere looks like the primary carer (Wolfson, Palumbo, Lindgren and Taub 2010).
The legislations related with anti-discrimination often enact in the pursued towards eradicating the predominant inequalities ongoing at the workplace (McKay 2008). The law includes two separate as well as different routes in the context of quality (Wolfson, Palumbo, Lindgren and Taub 2010). One course expounds the equal treatment existing between men and women, which is a concept towards liberal feminists and next is individual rights, which relies on route and relates to the case of pregnancy (Wolfson, Palumbo, Lindgren and Taub 2010). The event of pregnancy is often termed as a maternal feminist of early 19th century, and in this case, laws try to accommodate the variation between men and women, by mainly referring towards women as mothers (Wolfson, Palumbo, Lindgren and Taub 2010). The claim mention that women’s often deviate from the norms of male, and it’s important that law should try to acknowledge it (McKay 2008).
The importance legislation followed in the UK is Equal Pay Act 1970, whose aim is to promote the equality at workplace between both women and men (Thomas and Boisseau 2011). This Act mentions that female staff need to be treated no less favourable in comparison with male staff, who are involved in the concept of “work rated as equivalent” (Wolfson, Palumbo, Lindgren and Taub 2010).
Despite all these provisions, female staff at workplace had to experience still substantial differences in pay among what they earn and what is earn by their male counterparts in similar job role (Thomas and Boisseau 2011). According to the research conducted by Equal Opportunities Commission, women working as full-time employees, earn average of around 82% as compared to average hourly pay of their male counterparts, who are in full-time job, and they make around average 60% of hourly pay rate to men, who are in part-time job (Thomas and Boisseau 2011). These statistical findings and data, gathered from various studies related to pay differences, depicts the fact that law is ineffective in a practical way and context of equal remuneration for men and women ("Sex/Gender Discrimination" 2006).
The relevant legislation related to anti-discrimination is Sex Discrimination Act 1975 (Wolfson, Palumbo, Lindgren and Taub 2010). Section 1 of Act explains direct discrimination concept, and mentions that “A person gets discriminated against women in any situation is appropriate to the purpose of the provision of Act, if on the sexual grounds he treats women less favourable or treats men” (McKay 2008). These requirements link with the concept of discrimination on marital status. Therefore, the two components of direct discrimination depict that there should be less favourable treatment and this treatment is due to marital status or sex ("Sex/Gender Discrimination" 2006). Still, women mention that they are stuck in the secondary labour market, and they had to work on low salaries, poor remuneration, lack of job security and less promotion opportunity (Wolfson, Palumbo, Lindgren and Taub 2010).
Conclusion
The law supports equality concept at the workplace, along with other areas. The present approach of law is quite ineffective and even said as disastrous for the women. Institutional constraints and cultural norms are highly responsible for the women subordinate position in the society, and it is important to look at political, social, and economic factors for bringing significant changes. However, the law is not referred as entirely useless. It’s a helpful aid towards bringing the problems in the public arena and even support in bringing changes, despite deliberating the considerable advantages at giving formal equality.
References
"Sex/Gender Discrimination." 2006. Sex/Gender Discrimination. Workplace Fairness. [Online]. Available at: http://www.workplacefairness.org/sexgender?agree=yes [Accessed on: 4th December 2016].
James, S., and Palmer, S. 2002. Visible Women: Essays on Feminist Legal Theory and Political Philosophy. Bloomsbury Publishing
Larry, K. 2000. "Workplace gender gap Women and Men: Payday." [Online]. Available at: http://archives.cnn.com/2000/career/trends/12/12/womenpay/index.html [Accessed on: 4th December 2016].
McKay, D. R. 2008. "Women Face Glass Ceiling in Hiring." [Online]. Available at: http://careerplanning.about.com/od/forwomenonly/a/glass_ceiling.htm [Accessed on: 4th December 2016].
Thomas, T. A., and Boisseau, T. J. 2011. Feminist Legal History: Essays on Women and Law. NYU Press
Wolfson, B. A., Palumbo, C. M., Lindgren, J. R., and Taub, N. 2010. The Law of Sex Discrimination. Cengage Learning
Ratings
