Gender discrimination: concept, legal definition, article, punishment and legal advice

Gender discrimination is called sexism or gender preference. This means the division of people into men and women, the manifestation of prejudices, aversions, and negativity in one sex towards the other. This ideological orientation is rooted in social practices supported by patriarchy. This phenomenon is quite common in the world, even in relatively democratic, egalitarian countries.

Historical review

When people start discussing gender discrimination, they most often mean only women; they are considered the weaker sex in relation to men. This concept comes from ancient times, if we take into account the statements of philosophers and religious figures.

Socrates in his writings asserted: “What happiness it is to be born a man and not a woman!” Although Plato reported that there is nothing wrong if the state is ruled by a woman who is intelligent and talented.

Religious politicians doubted gender equality, covering up the infringement of rights with the absence of a soul in the second half of humanity - these creatures, although they belong to the animal kingdom, do not belong to the human race. Ancient theological works reflect an attitude towards a woman as an inferior subject.

Currently, gender inequality has been replaced by the expression - the struggle for equality between the sexes. Scientists have defined discrimination based on gender as limited, infringed human rights, freedoms, and belittlement of human dignity. A specific gender is not emphasized here; sociologists meant all people.

What sexism hides

Sexism should be understood as a biased attitude of one person towards another who differs from him in biological parameters. It should be understood that a person acquires gender from birth. Gender preferences are manifested under the influence of the environment of his upbringing, the society in which he grew up and socially developed.

Sexism is expressed in discrimination based on gender:

• emphasized antipathy towards a person;
• violence in his field of activity;
• preference in hiring;
• level of growth on the career ladder.

Often beliefs appear in the professional sphere that this particular biological species became famous:

• mind;
• talent;
• by force.

Often, an abandoned wife can give all men the same epithets. And the deceived husband speaks out about the existence of low social responsibility among all women. This proves that the presence of gender discrimination is seen on both sides of the human race.

Fighting discrimination against women

Appeals to court and international bodies

The way to combat discrimination in the legal field is to file a complaint about discriminatory actions with the appropriate authority (to higher-ups, law enforcement or judicial authorities). Sometimes discrimination can be proven in Russian courts and the perpetrators can be brought to justice. In other cases, including when it comes to a systemic problem, national remedies may be ineffective, and then it makes sense to apply to international bodies, for example, the ECHR or UN CEDAW.

ADC Memorial has experience in conducting successful cases in the UN CEDAW. In her complaint, skipper Svetlana Medvedeva asked to recognize the list of prohibited professions for women as discriminatory, which prevented her from completing an internship in her specialty and getting her dream job. The decision of the Committee on the Elimination of Discrimination against Women in the Medvedeva case, supported by ADC Memorial, became the very first recognition of the violation of the rights of women in the Russian Federation within the framework of the protocol allowing individual complaints to be submitted to the UN CEDAW. As a result of this decision, Svetlana's case was reviewed by the Russian courts, and they recognized that the internationally recognized prohibition of discrimination against women does not allow the refusal of a woman to hire a woman in a “dangerous” profession, despite the fact that such a prohibition is established in Russian law.

Public Campaigns

Another way to draw attention to the issue of gender discrimination is through public campaigns. For example, in the work to abolish the lists of prohibited professions, in parallel with strategic legal proceedings, a public campaign took place, in which women themselves working or wishing to work in prohibited professions took an active part. Thanks to their activity, speeches, public appeals and subsequent public discussion, it was possible to change the lists of prohibited professions. Achievements were especially successful in areas in which representatives or potential workers themselves advocated for the protection of their rights.

For what reasons does the phenomenon occur?

A person can contrast and exalt himself over the other sex due to ethnic and religious stereotypes. The reasons lie in the prejudices on which he was brought up. Religious texts, various interpretations in the scriptures indicate the framework of individual behavior. This is why gender discrimination manifests itself in many countries - in the prejudice that women are inferior beings and subhumans.

Subjective reasons include features:

1. Male and female chauvinism.
2. Authoritarian style of educational methods.
3. The assimilation of a specific family model in childhood, the dominance of one of the members. The procedure of inequality is especially observed in single-parent families, when only the mother or father remains and implants the child’s mind with her priorities.
4. Instilling in children about decency and depravity, which are present in all individuals of the opposite sex.

Gender discrimination in some families begins in childhood. From an early age, a child sees how his father treats his mother, what words he calls and addresses. He will fix this behavior pattern in his mind. A reverse resonance may occur: the boy will understand how not to behave, and the girl, instead of eternal submission, will hate the opposite sex.

Stereotypes

Common gender stereotypes that define the role and place of women in society have a strong impact on the social status of girls and women and often lead to gender discrimination [1]Lisichko, V.V. and Benelli, L.N., 2021. PSYCHOLOGICAL FEATURES OF GENDER STEREOTYPES IN MODERN SOCIETY. In… Continue reading. These stereotypes are often conveyed by public, religious and political figures, teachers and lecturers, employers and colleagues, family members and even strangers. As a result, women, despite formally declared gender equality, are forced to struggle every day to realize their rights, including overcoming stereotypes [2] Stadnikov, A.A., 2021. RELATIONSHIP OF GENDER STEREOTYPES WITH DISCRIMINATION IN THE LABOR MARKET. Alley of Science, 1(10), pp.348-351.. The more traditional and closed the social circles (including ethnic, religious) in which a woman belongs, the stronger the influence of stereotypes.

The most common stereotypes relate to the “purpose” of women (to give birth to children, to realize oneself as a mother, to “keep the hearth”, etc.), responsibilities (to cook, clean, serve a man and family, create comfort, establish and maintain everyday life) [3] Prostotina, Yu.V., 2017. Gender stereotypes: formation and determinants. Sociodynamics, (3), pp.1-9.., establishing the priority of a man’s career over a woman’s professional development, activities (work or study, hobbies) in socially approved directions. From childhood, many girls are raised to believe that taking care of household chores is their natural role. From children's toys, cartoons, and craft lessons in school, girls are given a gendered model that they must follow in order to gain social approval.

Signs of inequality

Discrimination against women based on gender is recognized by the attitude towards it:

• belief in the mental superiority of men;
• faith in iron logic and incapable of assessment;
• obscene jokes, openly or covertly belittling dignity;
• a decrease in abilities in various achievements, allegedly due to a lack of talent.

Negative behavior in society can manifest itself with signs of infringement of rights, regardless of a person’s biological affiliation:

• biased attitude towards success;
• aggressive attitude when disagreeing with a point of view;
• emotional blackmail;
• dominance in the management of various processes.

The presence in a society of one of the listed signs proves its limitations, where there is no respect in relationships. Time has branded sexism as a prejudice in the course of historical processes, this does not mean that they have been eradicated in the modern world.

Multiple discrimination against women

Members of vulnerable groups face intersecting forms of discrimination (their rights may be undermined simultaneously because they are women and members of a particular minority) and discrimination within the community. Prejudice is manifested both on the part of society and government agencies.

Sexual orientation or gender identity

Women belonging to the LGBTQI+ community face lesbophobia, biphobia and transphobia both from outside and within the community itself. Discrimination occurs in all areas of life, including education, employment, personal and family life. Transgender women are often in a more vulnerable position, including due to their visibility, inconsistency of documents with their appearance, and also due to the fact that a person previously considered a man loses his “status” by becoming a woman. This is especially true in traditional societies. Homophobia is widespread throughout the region and becomes an additional factor of discrimination in all spheres of life.

Legislative level and punishment

Russian legislation contains such a concept as gender discrimination. Article 5.62 of the Code of Administrative Offenses of the Russian Federation enshrines the main provisions, and this kind of behavior is also condemned by administrative penalties. The size of fines depends on the status of the offender. The act explains what is considered an infringement of the legitimate interests of citizens if discrimination occurs based on their affiliation:

• national;
• language;
• sexual;
• racial;
• family;
• social;
• official;
• age;
• religious;
• skin color.

The objects of offenses include the rights of citizens based on the universal principle of equality, which are guaranteed to them by the Constitution of the Russian Federation.

Punishment for gender discrimination and legal advice

According to Art. 19 of the Constitution of the Russian Federation, the state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the specified grounds is prohibited. Men and women have equal rights and freedoms and equal opportunities for their implementation.

What is discrimination against women

Discrimination against women can be briefly defined as the restriction or deprivation of rights on the basis of gender, due to prejudicial negative attitudes towards women. Women include all those who identify as such, including transgender women.

The UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979, defines discrimination against women as “any distinction, exclusion or restriction on the basis of sex that is intended to weaken or nullify the recognition, enjoyment or exercise of women, regardless on their marital status, on the basis of equality between men and women, human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

It also states that “discrimination against women violates the principles of equality and respect for human dignity, prevents women from participating on an equal basis with men in the political, social, economic and cultural life of their country, interferes with the growth of the well-being of society and the family, and further impedes the full development of women’s opportunities for the good of their countries and humanity."

What are the types of inequality?

Discrimination against women as a phenomenon is outlined in detail in the second generation feminist movement. This is where the term "sexism" originates, in line with the concept of "racism", where scholars and writers argue that people's rights should not be tied to gender. But we should not forget the biological differences between people that determine their vital functions. The uniqueness of both sexes lies in their functionality. Women are given the power to give birth and bear children; the male gender gives seed for the continuation of life. One should not belittle their importance in childbearing or create discrimination against men based on gender on this basis.

There are different types and classifications of infringement of the rights of citizens in the world:

• hostile, aggressive, directly humiliating people;
• benevolent, emphasizing female frailty, weakness in order to highlight the strength of other representatives;
• internal, where women adhere to the patriarchal structure in the country as true, with the condemnation of other behavior with career growth in work, who do not strive for a family, freedom is more important for them.
• religious - some religions do not allow women to visit temples on all days, or cross the lines forbidden for them in a prayer building.
• institutional – standards established by politics, healthcare, education, and security services.

Every state has some form of inequality. No generation will be able to completely get rid of discrimination, no matter how technological progress develops, views on many things do not change, and laws for violations become stricter. The development of society is governed by the law of nature, where the strongest wins.

Approaches to the study of female discrimination in society

1. Legal. For a long time, this problem was considered only from a legal point of view. However, the rights that are enshrined in legal norms may differ from their actual implementation.
2. Psychological. An analysis is carried out at the family level, interpersonal relationships in a small group are studied, taking into account the two different social roles of each gender. The analysis is based on determining both the sociocultural idea of ​​what the behavior of women and men should be, and the biological differences between these sexes. In other words, gender ideals and gender identity, femininity and masculinity.
3. Sociogender approach. It is based on certain sociological studies that are constantly carried out in Russia by various research groups under the patronage of foreign foundations.
4. Sociological, includes a number of features:

• the first is to determine the degree, form, and scope of restrictions on women’s rights in all spheres of life;
• the second is the use of a psychological approach; a sociologist will need an analysis of the psychology of society and women’s society in particular;
• third - this discrimination must be studied from the side of a social phenomenon that embraces a demographic community represented by different professions, age and status, on the other hand, a social process in which the state of objects changes;
• fourth - when women are discredited, their social attitudes and social status change, which leads to changes in role functions, this analysis takes into account these factors;
• fifth - interdisciplinary study of discrimination, located at the intersection of certain sciences: historical, psychological, legal, philosophical and sociological;
• sixth - this approach is guided by the fact that the subject of a social form of discrimination is: a man, if family and household relations are considered, who has the demographic characteristics of gender identity, his own social role; society, when relationships in society are studied; the state, represented by social institutions that regulate relations between the sexes, promote or destroy gender balance, distributing labor in any field of employment.

Who do employers prefer?

The most common manifestation is gender discrimination at work. Typical sexism shows the attitude of superiors towards their subordinates if they, wittingly or not, humiliate the opposite sex with their behavior.

Actions reflect:

• career growth, giving preference only based on gender;
• wages for the same specialty and effort expended, when the rates of one are higher than the other;
• interview questions are more demanding for women, since the employer is concerned about their marital status, the presence of children and the occurrence of future pregnancies;
• age restrictions.

Many managers want to see young and beautiful faces in their office or behind the store counter, pushing experience and skills aside.

At this stage, sexual harassment in the workplace by superiors should not be considered discrimination in labor by gender, since these are crimes of a criminal nature.

Discrimination against women in Russia

A general overview of the problems and successes in achieving gender equality in Russia takes place at the international level in the UN Committee on the Elimination of Discrimination against Women. Approximately every 4 years, international experts assess the observance of women's rights, ask the authorities questions based on the reports submitted, and make recommendations to improve the situation of women.

Non-profit organizations submit alternative reports on the situation of women in Russia to the UN CEDAW. The country reports on the implementation of the recommendations to the Committee in the next state report. Two years after accepting the recommendations, the country must submit a report on the implementation of priority recommendations, on which it also receives feedback from the Committee. Russia received the last such review at the end of 2021 (can be downloaded here).

Military service

Whether or not women are humiliated by not being required to serve in the army is a controversial issue. Perhaps with this step the Government is showing a kind of concern for the mother. Defending the Motherland has always been an honor. It is not worth mentioning the difficulties of life in the Armed Forces, the lack of desire of young people to repay their debt.

This is not so, the young man is proud of the years spent doing his duty. A girl, if she wishes, can, with or without military rank, get a job as a civilian employee in a unit and help the men with their hard work.

Pension provision

There is significant inequality in the timing of retirement. Men complain that grandmothers live longer than grandfathers and leave work 5 years earlier. You should look for the reason for the decrease in life expectancy. Maybe the secret is hidden in the environment, excessive love for strong drinks and other delights that are organ destroyers?

If the stronger sex believes that their dignity is being violated in this way, then the majority of legislators are men. Let them ask themselves about discrimination in this matter.

Current CEDAW recommendations

The previous UN CEDAW meeting on Russia took place in 2015. The next time women's rights in the country will be assessed is February 2021. The session will consider the state report, alternative reports from NGOs and experts, and the implementation of recommendations given to the authorities in 2015.

The state report is submitted to the Committee approximately a year before the session at which the situation in Russia is considered. NPOs may submit alternative reports prior to the session. At the preliminary session, CEDAW poses a list of questions to the country's authorities. Thus, in July 2021, a joint report was submitted by ADC Memorial and the Russian LGBT Network, after which the UN CEDAW compiled a List of topics and questions relating to the ninth periodic report of the Russian Federation.

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Family status

Men are also offended by fate. In a divorce, the court in most cases is on the side of the mother, gives her the children, and equally divides the acquired property together. Fathers are deprived of control over alimony; it is believed that all funds go to raising their offspring. No one has canceled the ability to negotiate, and so has staying on good terms. Then there will be no problems in education and a generation will grow up without prejudices.

How can there be an infringement of the rights of a mother or father when the law puts the child’s interests first? The state strives to foster a decent society. Children can become such only in a prosperous environment, without scandals, drunkenness and in abundance.

The judge listens to all sides, and if it is revealed that a woman cannot support a child or leads an immoral lifestyle, no one will trust her to raise her. So equality depends on the consideration of history by the court, how much humiliation the woman suffered during the marriage, whether there were beatings in front of the children.

Level of punishment

Women are not given life sentences. Male criminals receive harsher sentences for the same violations than female lawbreakers. It is believed that the judicial system in the Russian Federation is one of the most discriminatory factors based on gender.

Men are kept more harshly behind bars, and it is more difficult for them to be released early. Mothers can defer judgment if they have young children until they reach adulthood.

Is it possible to eradicate sexism and how to fight it?

Legal scholars argue about methods to combat gender inequality. The difficulty of eradicating a negative phenomenon lies in the population’s habit of stereotypes. The weaker side expects that the husband, as a strong person, will provide for her; many do not try to provide financial assistance; they believe that it is enough to keep the house and its inhabitants clean. Inequality can only be overcome at the legislative level, and the damage to one’s interests and rights can be proven in court.

What to do if you are a victim of discrimination? Lawyers give some advice on this matter:

• Try to document the violation of your rights and freedoms. For example, if you were not hired, get a written refusal or make a video where you are humiliated based only on your gender. The presence of such evidence will help prove the guilt of the offender.
• You must immediately contact law enforcement agencies and be sure to file a statement so that your case can be taken into account.
• If your appeal was ignored, then contact higher authorities.

Forms of discrimination against women

Discrimination against women in the world of work

Gender discrimination in employment is systemic and has various manifestations. Women are traditionally considered less valuable workers than men: they are reluctant to hire, they are the first to be laid off [4] Stadnikov, A.A., 2021. RELATIONSHIP OF GENDER STEREOTYPES WITH DISCRIMINATION IN THE LABOR MARKET. Alley of Science, 1(10), p. 348-351.. At the same time, society imposes on them the responsibility of caring for the family, forcing them to sacrifice work.

According to the theory of statistical discrimination, women, who are expected to leave work more often for family reasons, will receive lower wages, which will again lead to their dismissal, including because “men will be able to provide for the family” and women will not.

Prohibited professions

In some countries in Eastern Europe and Central Asia, hundreds of professions are still prohibited for women. The only justification for the restrictions is to protect their “reproductive function.” Discriminatory bans are an anachronism, which some post-Soviet states have already gotten rid of completely, while others have reduced restrictions. This happened largely thanks to the ADC Memorial campaign All jobs 4 all women for the abolition of lists of prohibited professions for women.

The UN Committee on the Elimination of Discrimination against Women recognized the ban on working in desired professions of one's choice as discriminatory, and the state's concern for protecting the reproductive function of all women (and not just pregnant women and those who have recently given birth) as unnecessary. After all, neither those women who already have children, nor those who do not want or cannot give birth can get a job in “forbidden” jobs.

Pay difference

Often, women and men working in the same position for the same employer receive different salaries [5] Mazin, A.L., 2013. Competitiveness of participants in labor relations. Modern competition, (5 (41))

. This happens because employers value male employees more, and this, unfortunately, is an established practice. One of the possible motivations for this employer behavior is the stereotype that “a male employee provides for the family, but a woman does not, which means they can save money on it.” Employers often take advantage of the fact that women are afraid of losing their jobs [6] Borovik, M.P. and Gataulina, A.V., 2021. Women’s rights in the political and labor spheres: legal reinforcement, ... Continue reading and are ready to endure less favorable conditions, since it is more difficult for them than men to find employment.

The pay gap is especially difficult to combat because women are usually unaware that they earn less than men. In some companies, it is generally prohibited to discuss salary levels with colleagues, while in others it is not difficult for the employer to find formal justification for the salary difference.

“Glass ceiling” (difficulties in obtaining leadership positions)

Many women interested in career growth cannot break through the so-called glass ceiling [7] Gurieva, S.D. and Belova, O.E., 2021. “Glass ceiling” in women’s professional careers. Electronic … Continue reading - the preference of employers to appoint men to leadership positions, regardless of the professional qualities and achievements of women. Although women often hold deputy positions and actually do most of the work of a manager, the field of senior management remains predominantly male.

Women who do manage to get into leadership positions are under more pressure than their male counterparts to be impeccable in everything from their work to their appearance, otherwise any mistake will be attributed to their gender.

"Women's" areas of work

To this day, stereotypes about “female” and “male” professions remain strong and relevant in many areas. Women face prejudice and doubts about their competence. For example, female truck drivers report unacceptable ridicule and insults from male colleagues that they have to endure while they work hard to earn respect. Sometimes women are not given more responsible jobs because their professional skills are not trusted. Moreover, women working in “non-female” areas are more likely to be at risk of harassment and sexual violence.

Discrimination against women with children

Women are often denied employment because they have children [8] Burkhanova, F.B., 2021. Discrimination in labor as a factor in women’s informal employment. VEGU Bulletin, (6), … Continue reading, or meaning that women can become pregnant. With this approach, any woman of childbearing age is viewed as an unreliable employee, burdened in the future with caring for a child. Employers believe that pregnancy and childbirth will result in the loss of an employee and want to avoid such risks. At the same time, they ignore the fact that not only a woman, but also a man can take part of maternity leave, as well as sick leave to care for a child. In Russia, this presumption of employers is superimposed on the state’s pronatalist position, which promotes the idea of ​​the priority of women’s reproductive function and puts great pressure on women who do not have children.

In many countries in the region, women with children are in disadvantaged and economically difficult situations. Often single mothers are left without financial assistance when the child's father leaves the family and does not want to pay child support, and the state does not provide sufficient support.

Labor migrants

Labor migrants are one of the least protected groups of women [9] Petukhova, I.Yu., 2007. Specifics of female labor migration in Russia. Terra Economicus, 5(4-2). Like migrant men, they are often denied employment due to lack of proper documentation, as well as racism and xenophobia. Migrant women are often employed in the care sector: they are hired to look after children, old or disabled people. Such work is called “emotional”, since every day and hour that she spends with a client, a woman is forced to emotionally serve him, respond to his whims, and demonstrate a good mood. Such women often do not have the opportunity to satisfy their emotional needs: they live in the same space as their wards, cannot manage this space, they do not have time for personal matters, since the ward needs to be constantly monitored. Just like other labor migrants, if they lack documents and are unofficially employed, and this almost always happens in the care sector, they cannot count on medical and other social assistance, their employers cannot guarantee timely payment for services, do not provide days off and especially sick leave. Finding themselves in difficult situations, migrant workers often become involved in prostitution.

Discrimination in education

Discrimination in the workplace is partly related to what happens in education. Namely, girls are raised within the framework of socially approved role models, in particular, they are taught “necessary women” skills during extracurricular activities and some lessons (for example, labor lessons), and are also encouraged to continue studying in “feminine” fields and specialties [10] Yakovleva, Yu.A., 2021. Methods of combating gender inequality in education. In Male and Female: … Continue reading.

Following stereotypes when learning

Gender stereotypes are significantly developed and encouraged at different levels of the educational system by teachers, teaching aids and even school curricula. For example, girls and boys are separated in labor classes, regardless of the children's desire to learn a particular skill and based solely on gender-defined roles. Girls learn things that, according to teachers, should be useful to them in adult life: cooking, sewing, knitting, embroidery, while boys are taught how to repair furniture and use tools. Implying that girls should be “more diligent, more diligent” than boys, teachers often place higher demands on girls.

Denial of training

Girls and women may be denied access to selected majors or courses. For example, refusals to enroll in government-funded places in graduate school are explained by the fact that boys need these places more so as not to go into the army. In one of the prestigious schools, upon admission, girls had a higher passing score than boys. In some traditional societies, girls may be prevented from studying by their parents themselves. The existence of a list of prohibited professions in some cases prevents girls and women from getting the education they want: they are not accepted to study in “forbidden” areas.

Discrimination by law enforcement officials

Women's complaints related to domestic or sexual violence are treated with skepticism by law enforcement agencies, especially in cases where the aggressor is a family member or partner of the victim.

Women are often accused of provoking the rapist. During interrogations and trials, victims are forced to relive the traumatic experience again, without taking into account the psychological aspects, and even deliberately retraumatizing them.

Ignoring complaints of domestic violence by police officers leads to tragedies. A case received wide publicity when, instead of providing assistance to the caller, law enforcement officers answered, “If you are killed, we will definitely come out and describe the corpse, don’t worry!”, and a few minutes after the call, the woman was killed.

Discrimination in the political and public sphere

Gender stereotypes that influence the situation of women in employment, such as the “unreliability” of women due to the risk of pregnancy and the burden of caring for children and family, the “glass ceiling” that prevents women from occupying leadership positions, are also relevant for political activity [11] Kotomanova, O.V., 2011. Women in Russian society: problems of gender inequality. Bulletin of Buryatsky… Continue reading. As a result, women interested in a political career encounter numerous barriers, including greater distrust of the potential electorate towards them.

Due to the fact that women are more criticized for participating in social activism, believing that they should not publicly express their positions, get involved in “unwomanly” matters and, often, seeing women’s issues as unimportant, it is more difficult for them to express themselves in this area.

Low representation in the political sphere

The political sphere in Eastern Europe and Central Asia remains dominated by men. Some countries in the region are seeing positive changes, such as Ukraine, but even in this relatively successful model, women make up only a third of senior government officials and a fifth of the Verkhovna Rada.

Difficulties for activists in traditional societies

Traditional communities, which tend to have more stereotypical ideas about gender roles, have an extremely negative attitude towards female activists, both those advocating for women's rights and those participating in social and political life. For example, in the North Caucasus, women must stand separately from men during public events. It is implied that men are responsible for the behavior of women: father, husband, brothers, uncles. Therefore, they can prohibit women from going to public events and expressing their position.

Across the region, women report numerous attacks and insults after participating in peaceful demonstrations or expressing feminist views online.