On top of this, public authorities have a legal duty to take action against discrimination and to actively advance equality. This means that public authorities must make sure that men and women get services that meet their needs more closely.
For more information about the duties of public authorities and sex discrimination, visit the Equality and Human Rights Commission's website at: www.
With a few limited exceptions, it's illegal to publish or broadcast an advert which discriminates because of sex, or which advertises discriminatory services. For example, it is illegal for an employer to advertise for a job using words like 'craftsman' or 'handyman', as this might give the impression that the job is only open to men. If an advertisement like this is published, the Equality and Human Rights Commission can take court action against the publisher, if the case is referred to them by an advice agency.
For more information about discrimination in housing, see Discrimination in housing. It is not illegal to limit participation in some sporting events to one sex only. This is where physical strength, stamina or physique are so important that, for example, a woman would be at a competitive disadvantage to a man.
It is not illegal to limit a sporting activity to one sex only where a member of one sex might object to physical contact with someone of the opposite sex.
For example, it is not illegal for a self-defence class to limit itself to women participants. If a sports club is a private members' club , it is allowed to discriminate against men or women when choosing its' members. These include:. When deciding what action to take about sex discrimination, you will need to think about what you are trying to achieve. For example, do you want financial compensation, justice or publicity?
You will also need to think about how quickly you need to get a result. Any course of action is likely to be complicated, could include confrontation and may involve court action. If you are thinking about taking court action, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau.
Search for your nearest Citizens Advice. If you want to take legal action about sex discrimination, you will normally need to be able to prove that someone of a different sex has been, or would have been, treated more favourably than you in similar circumstances. However, if you're making a claim about discrimination because you're pregnant or on maternity leave, you don't need to prove that someone of the opposite sex has been treated more favourably than you.
For more information about what you can do about discrimination, see Taking action about discrimination. The law against sex discrimination does allow what is known as positive action in favour of one sex. Positive action is used, often in training or advertising, to make up for a lack of equal opportunity in the past. It is intended to give special encouragement to one sex, without actually discriminating against the other.
An example of positive action is giving extra training to female members of staff to help them be able to apply for a particular role if very few or no women have been employed in that role in the past.
It is also illegal to discriminate against you if you are intending to undergo or have already undergone gender reassignment.
You do not have to be undergoing medical treatment. If you experience discrimination because of gender reassignment, you can take action about this either through the courts or, if it's an employment problem, through an employment tribunal. An example of discrimination because of gender reassignment is where a transgender woman is asked for a Gender recognition certificate GRC when she shows evidence to her employer that she has changed her name and asks to have her records changed.
As long as she shows some kind of proof that her name has changed, she shouldn't have to show a GRC. If her employer asks her for more proof than they would ask someone else who changed their name for another reason, this could be discrimination. For more information about gender reassignment discrimination, see Gender reassignment discrimination. In some situations, it is illegal to discriminate against you because you are married or in a registered civil partnership.
This doesn't apply to housing , goods and services or education. There is no law which says you must not be discriminated against because you're single, although it may be possible to argue this in certain circumstances. For more information about discrimination because of marriage and civil partnership, see Marriage and civil partnership discrimination. As well as sex discrimination, you could be discriminated against for other reasons.
For example because:. For example, you're a black, transgender woman and you're sacked because your employer says your work is poor, even though they have never raised problems with you before. If you think you've been sacked because you're black and a transgender woman, you may be able to make two claims, one for race discrimination and one for discrimination because of gender reassignment.
For more information about other types of discrimination, see our discrimination pages. If you want to take legal action about sex discrimination, you may be able to get some help with your case.
If you qualify for legal aid, you may get free legal advice and assistance from a solicitor. This comes under Legal Help advice and assistance scheme in Scotland,. You might also be able to get help with the cost of taking a case to court under Legal Representation.
More about the EASS helpline. Gender-discriminatory nationality laws are also linked with multiple forms of gender-based violence:. Gender-discriminatory nationality laws fundamentally undermine women's equal citizenship. Such laws implicitly demonstrate the state's position that all citizens are in fact not equal and that the rights and responsibilities of citizens may be granted or denied on the basis of gender.
Governments around the world have asserted their commitment to combating gender-based violence. However, a true commitment to ending gender-based violence requires government action to end gender discrimination in nationality laws and remove gender-discriminatory provisions from all laws.
Applying equal standards to all citizens may be insufficient, however, if different groups of citizens face particular challenges and have distinct needs. Women and men may have distinct needs, and women of different ages, classes or ethnicities may also have varying needs that require specific attention.
The focus on rights thus requires distinguishing between formal and substantive equality, highlighting outcomes for different groups of women, and tailoring rights construction to the needs of women who are most adversely affected by the lack of rights which the particular reforms target Mukhopadhyay, Citizenship should also be an active concept, beyond mere status and formal rights. Under such a view, citizenship is seen as a relationship that promotes participation and agency.
The focus is on how individuals and groups, particularly marginalised groups, claim their rights and pursue social change. Applying a gender perspective, citizenship goes beyond a relationship between the citizen and the state. Although being a citizen allows women to make claims as a citizen in their own right, the identity ascribed to them is still in reality often in relation to a man, whether as a daughter, sister or wife. Mukhopadhyay, M. Mukhopadhyay and N.
This paper discusses gender and citizenship in the context of development debates and research. Development is largely inattentive to the dynamics of state-society relations — preferring instead to create new models of governance that leave untouched the political relationships that animate society and perpetuate inequality. Meer, S. What policies would promote the expansion of citizenship rights in line with a gender approach? Goetz, A-M. This chapter links current thinking on gender justice to debates on citizenship, entitlements, rights, law and development.
It argues that equal citizenship, whilst key to the struggle for gender justice, does not guarantee it. Often, rights are seen as accessed through personal relations rather than a contract between citizen and state. Efforts to promote gender justice must bridge the public-private divide in accountability systems. Sweetman, C. It is described as a perennial concern but also a current hot topic. Citizenship is intrinsically concerned with rights and equality, and thus connects to gender.
Citizenship implies equal rights for all, but a gender lens reveals the unequal access of men and women to various aspects of citizenship. Articles in this issue assess the extent to which each of us can secure the protection, resources and entitlements which the state should provide. This is in contradiction to State obligations to the Convention on the Rights of the Child CRC , in addition to other human rights conventions. When individuals lack citizenship due to sex-discriminatory nationality laws, they are also frequently denied access to social services including national healthcare.
The higher costs of private healthcare can increase the occurrence of untreated diseases and inhibit preventative healthcare interventions. The marginalization and hardships faced by these individuals can also lead to social alienation and psychological distress. Gender discrimination in nationality laws can contribute to gender-based violence. Additionally, there is a higher risk of human trafficking among statelessness women and girls. Gender discrimination in nationality laws can also contribute to child and forced marriages.
Girls who are without nationality in their home country may be forced into early marriage in hopes of obtaining greater security and access to the benefits of citizenship. Couples have even reported not starting a family because of the hardships their children would face due to the mother's inability to confer nationality to her children. When women are unable to confer nationality on their spouses, their husbands may be denied work permits and must often pay expensive residency permits.
0コメント