Gender and the Law II

LAW 321
Dr Ihuoma Ilobinso 2nd Semester Lecture Note
 Gender and Sex

● Sex refers to the ● Gender refers to the identities,

natural/biological/God-given roles and behaviors attributed
attributes of a person which to the male or female.
helps in identifying a person as
a male or female.
● Gender is produced by the
● A male person biologically
differs from a female. interplay of culture, religion,
Female = Breast that can and other socio-cultural
produce milk, womb, etc factors.
Male = Mustache,
Difference in reproductive
organs
Intersectionality is a theoretical
framework that examines how
different social and cultural identities
(such as race, gender, ethnicity,
class, sexual orientation,
ability/disability, and age) intersect to
create overlapping, unique and
amplified experiences of
discrimination or individuals.

‘Intersectionality’ was coined by

Kimberle Crenshaw in the 1980’s
 History
● Early 19th Century : The industrial Revolution = Women entered the Workforce
● Late 19th Century and Early 20th Century = fight for rights
- Women's Suffrage Movement
- Protective Legislations - Early Labour Laws
● 1920s - 1940s : World war I and II - Women entered traditionally male-dominated jobs in large
numbers due to labour shortage
● 1950s-1960s: The Rise of the Feminist Movement focused on a broader range of issues including
workplace discrimination, reproductive rights, and legal inequalities
● 1970s-1980s: Legal and Policy Advances Further Legislation: Pregnancy Discrimination Act of 1978
in the US
● Global Efforts: Internationally, the United Nations adopted the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) in 1979
● 1990s-Present: Continued Progress and Ongoing Challenges Workplace Policies
● 20th Century: Movements such as #MeToo have highlighted the prevalence of sexual harassment
and gender discrimination
 ● Gender roles refer to the societal norms and expectations regarding the behaviors, activities, and
attributes considered appropriate for males and females.
● Traditional gender roles have been deeply ingrained in our society, reinforced by cultural narratives,
religious teachings, and legal frameworks.
● The effect is that they perpetuate stereotypes and prejudices concerning women's roles in the society,
causing women to has been relegated to domestic duties or being over-represented in low-income
support duties while men engaged in high paying economic activities.

Women are seen as homemakers. Men are seen as breadwinners

● Generally, traditional gender roles have a profound impact
on gender-based discrimination in the workplace, it
influences education, job opportunities, pay, career
advancement and harassment.
● It reinforces biases and stereotypes that result in women
being perceived as less qualified, less competent and less
committed to their jobs.
 Effects of Traditional Gender Roles

Educational and Training Occupational Segregation

● Gendered expectations and stereotypes ● The concentration of men and women
about gender-appropriate skills often into different occupations, industries.
influence whether girls go to school or not.
● It also influences the subjects that boys and Women - caters, hair stylists, air hostess, secretary, nurses,
housekeepers, teachers, clerical staff
girls study in school, resulting in different
career paths Men - Lawyers, Doctors, Engineers, Pilot, Mechanics,
Drivers, Soldiers, Tech industry
Work Life-Balance
● In some countries, legislations sets
● The expectation that women should be the limitations on the kind of work women
primary caregivers usually impact women's
can do, and this has generally been
career progression and income potential.
based on the idea that women’s
● It places primary responsibility for reproductive function must not be put
maintaining the home and family on at risk.
women, the conflict between these family ● This often leads to significant
responsibilities and the demands of work difference in pay, working conditions
contributes significantly to women’s
and career advancement opportunities.
disadvantage in the labour market.
 Gender Equality

What is Gender Equality?

● Gender equality refers to the enjoyment of equal rights, opportunities

and treatment by men, women, boys and girls, in all spheres of life.
● Gender equality implies that all men and women are free to develop
their personal abilities and make life choices without the limitations
set by stereotypes or prejudices about gender roles or the
characteristics of men and women.
 Gender Equality in the Context of Work
● Gender equality in the world of work refers to the right of men and women to
work, to receive fair wages, to safe working conditions, to form and join trade
unions and to access social and maternal protection.

In the context of work, gender equality refers to:

- Freedom from discrimination
- Equality of opportunity and treatment
- Equal pay for work of equal value
- Access to safe and healthy working environments,
- Maternity protection
- Balance between work and home life that is fair to both men and women.
 Rationale for Gender Equality in the Workplace

Gender equality is not only a fundamental right, but also a development and economic
imperative.
Article 1 of the Universal Declaration of Human Rights 1948 provides that ‘All human beings
are born free and equal in dignity and rights’
Article 23 encapsulates the right of everyone to work. It provides:
a. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
b. Everyone, without any discrimination, has the right to equal pay for equal work.
c. Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
d. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 11 of the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW):

Requires states to take all appropriate measures to eliminate discrimination

against women in the field of employment, including ensuring equal opportunities
and equal pay for equal work.

International Labour Organization (ILO) Conventions:

Convention No. 100: Concerning Equal Remuneration for Men and Women
Workers for Work of Equal Value.

Convention No. 111: Concerning Discrimination in Respect of Employment and

Occupation.
Gender Equality as a Human Right

Section 17(3) of the Constitution provides

that the State shall direct its policy towards
ensuring that:
- However, these provisions are
contained in Chapter II of the 1999
Constitution - Fundamental Objectives
and Directive Principles of State Policy

- Therefore they are non-justiciable.

 Gender Equality as a Development Goal

Gender equality in the workplace is a crucial element for sustainable development,

contributing to economic growth, social progress, and the overall well-being of
societies.
The United Nations recognises that gender equality and decent work constitutes
core agendas for sustainable development, it is the most probable way to escape
poverty.
It aligns, particularly, with the United Nations Sustainable Development Goals
(SDG) 5 and 8.
5.1- It calls for the end all forms of discrimination against all
women and girls everywhere. It recognises that gender equality is
crucial or a peaceful, prosperous and sustainable world.
5.4 Recognizes the value of unpaid care and domestic work
through the provision of public services, infrastructure and social
protection policies and the promotion of shared responsibility
within the household and the family as nationally appropriate.
5.5 Ensures women’s full and effective participation and equal
opportunities for leadership at all levels of decision making in
political, economic and public life (managerial positions)
5. a. Equal rights to economic resources.
c. Adopt and strengthen sound policies and enforceable
legislation for the promotion of gender equality and the
empowerment of all women and girls at all levels.
SDG 8 calls for the promotion of sustained, inclusive and
sustainable economic growth, full and productive employment and
decent work for all men and women.
All workers have the right to decent work, not only those working in
the formal economy, but also the self-employed, casual and informal
economy workers, as well as those working in the care economy
and private households.
Gender equality is central to decent work. In the context of gender
equality, decent work refers to:
● Equality of opportunity
● Equality of treatment
● Equality of Remuneration
● Access to safe and healthy working environments and
● Maternity Protection
 Gender Equality as a Economic Imperative

Gender inequality in the workplace has significant economic implications. It is

important for economic growth, productivity, and competitiveness

● Talent Shortages, lack of diversity in the talent pool, which is detrimental to

innovation and problem-solving within organizations.
● Employee Turnover
● Reputational Damage
● Women’s underrepresentation in certain industries and leadership roles can
lead to inefficiencies
● Gender pay gap contributes to higher poverty rates among women and their
families.
● Wage disparity affects household incomes and overall economic stability.
● Limits the purchasing power and economic independence of women.