Women and girls
Abstract
Reports show that women and girls who are empowered contribute to the productivity and health of their families, communities, and the country as a whole, therefore creating a ripple effect that benefits everyone. According to the UN human rights office, women are the majority of those living in poverty and seemingly face less influence and power together with fewer resources compared to men. The United Kingdom is one of the countries faced with the challenge of women discrimination, and for many decades women have been subject to gender inequality. On the other hand, no significant progress has been made, taking into account a range of fields, including education, income, workplace, health, or political engagement. The past two decades have seemingly witnessed massive improvements in terms of women gaining far-ranging legal rights. Major talking points involve the fact that girls around the world today have improved access to education both in absolute terms and relative to their male counterparts, and there is a growing momentum that women everywhere can expect to outlive men. This paper will, therefore, highlight significant discrimination cases faced by women, including the kind of legislation enacted and examples of case laws. significant discriminatory areas include the issue of the gender pay gap, violence, and crime that has raised critical discussions both in the UK and beyond and today; women are yet to achieve equality with men in terms of well-being outcomes and institutional treatments
Emerging reports show women have been subject to various forms of discrimination and are likely to experience violations of fundamental rights in comparison to their male counterparts. Allowing women to reach their full potential and guaranteeing their rights is significant not only for attaining gender equality but also for achieving a wide range of international development goals. According to sociology researchers, women and girls who are empowered contribute to the productivity and health of their families, communities, and the country as a whole, thus creating a ripple effect that benefits everyone. Reports from the United Nations shows that women in almost every country globally are confronted by inequality and discrimination. Significant forms of discrimination manifest in the form of abuse, violence, and unequal treatment at work, at home and in the wider communities. Various activists across the globe have also presented cases where women are denied opportunities to earn, to learn, and to lead. Recent reports from the UN human rights office have also shown women as the majority of those living in poverty. They seemingly face less influence and power together with fewer resources compared to men (Alston and Mégret 2013). The United Kingdom is one of the countries faced with the challenge of women discrimination. For many decades women have been subject to gender inequality in the UK, and no significant progress has been made taking into account a range of fields including education, income, workplace, health, or political engagement.
The past two decades have seemingly witnessed massive improvements in terms of women gaining far-ranging legal rights. Major talking points involve the fact that girls around the world today have improved access to education both in absolute terms and relative to their male counterparts. As a result, there is a growing momentum that women everywhere can expect to outlive men (Unterhalter and North 2011, p. 11). Other reports, on the other hand, present a contrary opinion whereby despite such significant progress, the elimination of discrimination against women has not been achieved. While recent decades have seen more women enter the paid workforce, several of them typically work in the informal sector, compounded by poor earnings and insecurity. One significant discriminatory area is the issue of the gender pay gap that has raised critical discussions both in the UK and beyond, and today, women are yet to achieve equality with men in terms of well-being outcomes and institutional treatments (Manning and Saidi 2010, p. 687). While the issue of the gender pay gap comes out as the significant discrimination cases faced by women in the UK, they are seemingly faced with economic discrimination, different forms of abuse, and violence.
Legislation
The issue of the gender pay gap is one that led to the implementation of The Equal Pay Act of 1970. The significant provisions of the Act were to stop discrimination cases in the workplace and solve the issue of the pay gap between men and women. Previous reports show that at the time when the Act was passed, it was estimated that wage differences between men and women stood at an estimated 37% (O’Reilly et al. 2015, p. 305). Although the legislation was dated 1970, reports show that the law came into force in December 1975 and made employers subject into law when engaging in any form of discrimination between workers who do similar work. Researchers also contend that there has been a long history of the campaign for equal pay, one which is still ongoing. Until the latter part of the 19th century, women were, to a more significant extent, a marginalized sector of the workforce and were seemingly excluded from many unions. The Act was first adopted after a 1968 strike by women working at the Ford Factory in Dagenham, who demanded equal pay after realizing they were being paid 15 percent less than men for doing the same work. Such demands are attributed to have speeded up for the enactment of the 1970 equal pay legislation.
The subject of domestic violence and crimes against women is also an area that has witnessed significant discussions in the United Kingdom, which eventually led to the enactment of The Domestic Violence, Crime and Victims Act 2004. Law researchers contend that the Act is the most significant overhaul of the law addressing domestic violence in the last 30 years. The Act is comprised of a wide range of reforms in three major areas, which include crime, domestic violence, and victims (Matczak et al. 2011, p. 18). The primary aims of the Act are to make a common assault, especially on women an arrestable offense, make provision about homicide and for the payment of surcharges by offenders, and to make provisions about alternative verdicts further. While women majorly come out as victims of domestic violence, some scholars contend that women are more as survivors as they are subject to multiple episodes of violence while seeking support (Evans and Feder 2016, p. 67). The Act further provides a provision of cohabiting and same-sex couples to apply for non-molestation orders and further makes it possible for courts to impose restraining orders on defendants who are acquitted.
Another form of legislation aimed towards protecting the rights of women in the UK is The Forced Marriage (Civil Protection) Act 2007 designed to protect women at risk of forced marriages, and seemingly offer recourse for those already been forced into marriage. Law professionals believe that the new legislation is a powerful tool that will help protect women against forceful marriages against their will. The Act provides provisions of a Forced Marriage Protection Orders where the Court may force one to stop violence and intimidation, hand over passports, to prevent someone from being taken abroad, and to give whereabouts of a person.
Case laws
Kenny and others v Minister for Justice, Equality and Law Reform, and others is an example of a case law highlighting on the Equal Pay Act 1970. Ms. Kenny and 13 other female civil servants are the claimants in this case and were employed to carry out clerical duties for the Garda, Irish police. The complainants presented allegations against the defendants explaining that they were discriminated indirectly in the pay that was given. They alleged that the kind of work they had done was equivalent to the work of a group of the police officer also performing clerical duties. Still, in contrast to them, the male police officers were receiving a higher rate of pay (Mills 2013). According to the findings by the Irish labor Court, there was indeed a case of indirect discrimination and a difference in pay. The Court passed a summary judgment based on the fact that it would be impractical and manifestly unfair to reduce the payment of police officers carrying out clerical duties below the required rate of pay usually offered to an officer of such a grade.
A case law highlighting violence and abuse against women is evident in the Opuz v Turkey case, where the European Court made a decision of Human Rights. The case law is nevertheless mandatory to all member states, including the UK, because of the requirement to include ECHR’s interpretation framework as part of the domestic legislation. The case was presented by the victim of domestic violence against the Turkish government. The complainant alleged that the Turkish government had failed to offer protection to her and her mother from perpetrated attacks by her husband (Abdel-Monem 2009, p. 2). The summary ruling and judgment was in favor of the plaintiff after the Court found that the Turkish government had violated some of the rights of the European Convention on Human Rights and the UK Domestic Violence, Crime and Victims Act 2004. The Opuz decision critically holds various governments accountable for the failure to take significant steps to protect domestic violence victims.
Bedfordshire Police Constabulary v RU and another [2013] is an example of a case law that presents aspects of forced marriage and the kind of summary judgment passed. The case fell under the category of family law and involved a 16-year-old girl of Muslim Pakistani origin who approached the UK police alerting them about the assaults she had to endure from her mother and was concerned she would be subject to forced marriage in Pakistan (Bedfordshire Police Constabulary v. RU and another 2013). The Court acted in due diligence, and without a notice hearing, the Court granted a forced marriage protection order, and the girl was not allowed to leave the UK. However, a few months later, the girl was forced into a forced marriage ceremony in London, which eventually led to the arrest of a paternal aunt and mother within the terms of the Forced Marriage Protection Order (FMPO).
Conclusion
The analysis presents clear instances of how women are subject to various discrimination cases. In the United Kingdom, for example, women are still presented with fewer opportunities for economic participation and have higher health and safety risks in comparison to men, let alone the gender pay gap. Despite numerous campaigns to put a zero end to violence against women, it is still an area evident throughout the world, and obstacles often characterize access to justice. While many would agree on the unequal treatment of women and work, low political engagement is still evident, and to some extreme women are subject to abuses and violence that go unreported. Although fundamental legislations have been enacted over the years to protect women against any form of discrimination, proper policies should also be adapted to allow easy reporting of violence and crime-related cases against women.