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Currently, gender inequality has been replaced by the expression - the struggle for equality between the sexes.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.

The first swallows

The problem of gender equality arose especially acutely at the end of the 18th century. Women began to demand equal rights with men. Social progress advanced by leaps and bounds, the monarchy and the echoes of the feudal system were replaced by democracy, the general well-being improved... The French Revolution served as a signal for action. In 1789, radical ideas were spreading not only in Paris, but in all corners of Europe. In London, for example, Mary Wollstonecraft wrote and published A Case for the Rights of Women, and the Frenchwoman Olympia de Gouges wrote and published a Declaration of the Rights of Women. Gradually, one might say, bit by bit, representatives of the fairer sex are seeking recognition of their rights, in particular legal ones: the opportunity to own and manage property, as well as the fate of their own children. The doors of prestigious universities in Cambridge and Oxford still remained closed to them, but the ladies did not lose heart and did not get lost. The desire to develop was so great that women themselves began to open universities and colleges, which gave a start in life to the first certified medical specialists in the USA and Great Britain.

While representatives of the upper classes of society tried to resolve the gender issue in the field of quality education and decent employment, their sisters from the poorer classes worked in terrible and difficult conditions in factories. No, independence and self-respect in this case were not their goal - they were simply trying to survive and earn a piece of bread for their children. Looking at this injustice, women reformers realized that suffrage would be a key factor in solving the problem. And you need to fight for it. The first campaigns started in the mid-19th century in London and Washington. However, the struggle did not bring success in America. Unlike New Zealand, Australia, Norway and Finland, which are more advanced in this regard, where the weaker sex gained the political right to vote even before the First World War.

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.

Violation of women's rights

First of all, this is domestic violence. Being stronger and more pumped up, men take advantage of this advantage, often abusing it. According to the latest data, in European countries from 20 to 50 percent of wives, daughters, and sisters suffer domestic violence. One in five women is not only beaten, but also raped. Gender discrimination manifests itself in all its glory during a job interview; it is not for nothing that the “gender” column is still used in a questionnaire or resume. Company owners and bosses give preference to male employees: they, in their opinion, are more disciplined and hardworking, do not go on maternity leave and do not take sick leave to look after their children, they have an analytical mind and there is logic in their behavior. Know: this is another myth. And, of course, violation of women's rights. Many of them are able to outperform their male colleagues in both productivity and quality.

In many countries, women are still not perceived as full-fledged members of society. In Saudi Arabia, they are prohibited from voting or even driving; in Yemen, they cannot testify in court; they are not allowed to leave the house without their husband’s permission. In Morocco, a woman who is raped is considered not a victim, but a perpetrator. The rights of the fair sex are also most often violated in Mali, Mauritania, Chad, Syria, Pakistan, Iran and other countries in Africa and the Middle East.

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.

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.

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.

Degrees of price discrimination

Price discrimination is usually classified based on the degree of appropriation of consumer surplus by the monopolist seller.

First degree – perfect price discrimination

The seller receives the consumer's surplus in full. The product is sold to each consumer at its own individual price, and it is the maximum that the client is willing to pay rather than refuse to purchase the product. In other words, the price of a product (service) equals the price of demand for it in each specific case. This type may also be considered discrimination based on the client's income.

In business practice, such an absolute degree of price discrimination is almost unattainable, because it is very rarely possible to correctly assess such a subjective value as individual demand, or you need to know the capabilities and needs of the entire target audience.

Examples of perfect discrimination

1. The closest thing to this form of discrimination is the services of private specialists with limited practice. For example, a tailor who sews things to order knows his clientele and can request a separate maximum price from one or another customer and set it separately for each order.
2. Another typical example would be the division of payment into an “entrance” price accessible to almost any client, that is, the right to use a set of services or goods, and an individual price for each of them separately. For example, a small amount is paid for the right to enter an entertainment center, and each attraction in it is paid separately. Thus, it turns out that the source of the good is available at prices to everyone, and each consumer makes a further choice of goods according to his capabilities, most often the maximum - the money spent on input must be justified.

Second degree - price depends on sales volume

This is a practice that is commonly called “cheaper in bulk”: the larger the quantity of goods a consumer purchases, the lower the price for each unit, although it is the same for all consumers. This type of pricing is called a multi-part tariff because the relationship between buyers' costs and seller's revenues is nonlinear. Examples of this level of discrimination include :

• discounts;
• discounts;
• cost premiums;
• inflated prices for new products;
• “flexible” tariffs, such as, for example, ticket prices depending on the duration of the route, seasonal prices, passes for different time periods, etc.

Third degree - expensive for the rich, cheaper for the less wealthy

This type of price discrimination involves dividing the market into categories based on purchasing power. Within a separate category, prices are the same, but they differ for different consumer segments. Customers with inelastic demand will pay more, and those who, as a result of increased demand, will purchase larger volumes, albeit at a lower cost, will pay less.

Examples of third degree discrimination:

• “children’s” and “adults” tickets;
• preferential travel for children from large families, disabled people and some other separately designated categories of the population;
• "economy", "business class" and "VIP";
• “morning” and “evening” dishes in a cafe;
• hotel prices for citizens of their state and foreigners, etc.

IMPORTANT ! These two categories should not overlap in any way; it should not be allowed for a client to buy a product at prices “for the poor” and sell it to the “rich” - this should be inherently impossible. Let's analyze the above example. You can purchase a child's ticket only upon presentation of the appropriate ID, and in order to use it, you need to match this ID. If a student buys a child's ticket and then resells it to an adult, which in itself is unlikely on an ongoing basis, he will still not be able to benefit from this, since even with the document he will not look like a child. Thus, the possibility of intersection between the “expensive” and “cheap” ticket markets is excluded.

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 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.

FAQ

The following are answers to questions that arise in people thinking about the topic of sexism.

How do people use sexism to their advantage?

For some, sexism is a way to achieve the goal of self-affirmation. Someone is simply mired in it and does not even realize the destructiveness of the phenomenon. Psychologists note that often the goal, if there is one, is precisely self-affirmation. Sometimes sexist attitudes are used for educational purposes. Examples: “You shouldn’t want to be an engineer, you’re a girl”; “You shouldn’t be interested in coloring books, you’re a boy.”

What is the difference between sexism and patriarchy?

These are completely different concepts. We have already figured out what sexism is. Let's define patriarchy. This is a form of social organization where the man is the moral authority, the owner of property, and has a leading position in everything. Sexism is an ideology. Although sometimes there are opinions about the closeness of sexism to patriarchy and matriarchy, their comparison and identification is not always fair.

Should you do anything if you are sexist?

Yes. Accept yourself and accept other people's rights to the life they want to live. If sexism causes inconvenience or a feeling of moral discomfort, try consulting a psychologist. Self-analysis does not always lead to positive results, but it is worth a try. The main thing is the desire to get rid of false prejudices.

Can a woman be sexist?

Yes, but sexists are rare. You can learn about the essence of discrimination against men by women from the article.

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.

Hostile behavior must be more than trivial or petty

New York City has a broad standard regarding a hostile work environment, which is defined as treating others more poorly because of your gender once the treatment crosses the line of “minor incident” or “minor inconvenience.”

Federal and state law requires that such behavior must be either substantially severe or widespread. It is important to publicize incidents of aggressive behavior to clearly demonstrate that such statements are unacceptable and unwelcome.

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.

A hostile work environment violates the law.

You can be a victim of gender discrimination even outside of any employer decision if gender-based harassment creates a hostile work environment.

A hostile work environment can be created by making jokes, tarnishing one's reputation, or making offensive or derogatory remarks about a particular gender.

If your boss is picky about everyone, or if he or she dislikes you for personal reasons, then civil law laws do not apply. There is no legal requirement that employees be treated with courtesy, kindness, or even respect.

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.

The Birth of Feminism

When Europe was torn by military battles from 1914 to 1917, gender equality faded into the background. Women forgot about their principles and did their best to help men at the front and in the rear. But already in the 60s of the 20th century, the struggle resumed with renewed vigor. In the United States of America, the Women's Rights Movement was formed, which soon migrated overseas and swept through European countries. Feminism is what people all over the world called it. It attracted the attention of society not only by attempts to resolve issues of equality, but also by bringing to public discussion such problems as the legalization of abortion and sexual violence.

Feminists achieved the adoption of a number of laws for the benefit of women: now they could get a job on the same basis as men and receive decent wages. True, gender theory was not so quickly translated into practice. Only in the 90s of the last century did the movement radically change the established views of society, but it is still very far from complete victory. Firstly, some people look very critically at feminist slogans. Many men and even some women still believe that the fair sex is not smart enough to occupy high positions in the government or even just leadership positions. Secondly, if in Europe and the USA ladies who support a family or run for president no longer cause surprise, then in some countries, especially Muslim ones, women are deprived of even basic rights.

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.

Stereotypes

Representatives of both the stronger and weaker sex have long been tired of the rules of behavior imposed by society. There is an opinion that if you are a man, you must be aggressive, strong, firm, enterprising and dominant. At the same time, the woman is caring, compliant and merciful. But this is nothing more than gender discrimination. Why can't the head of the family be gentle? In principle, he can, but then he will immediately be labeled as henpecked, a loser, or even gay. In our society, men are forbidden to cry and complain about their fate, otherwise they will be given up as a strong male and breadwinner. Although this is a violation of his rights: even if he accidentally sheds a tear, if there is such a need, the qualities of a leader will not suffer from this.

The same applies to women. If she raises her voice a little and tries to understand the situation, she is immediately called a brawler. It is accepted that representatives of the fairer sex constantly throw tantrums, so any manifestation of emotionality immediately falls under this concept. Gender characteristics of the sexes are not only their ability to express feelings, it is also self-esteem, which in women, due to imposed stereotypes about the weakness of her sex, is always at a low level. Research has proven that female students themselves always rated their dissertations lower than those done by their male colleagues. Although such a judgment was in most cases unfair and unfounded. It is high time for society to start fighting all stereotypes and imposed principles and characteristics, since each person is individual and unique.