Gender Equality and Equity

In the previous post we learned about Concept of sexual division of labour In this post, the ideas of equity and gender equality will be covered. The post continues by defining affirmative action and the idea of substantive equality. At the end of this post readers will be able to

Recognize the idea of gender equality and how it should be applied to social work analysis and practise.
Be aware of the additional and broader meanings of the terms gender equity, substantive equality, the rule against discrimination, and affirmative action for women.

Introduction
Gender Equality
Gender Equity
Non- discrimination and Substantive Equality
Affirmative Action and Temporary Measures
Summary

Introduction

In the majority of civilizations, equality and fairness within the given context are determined by power and privilege, which are socio-cultural constructs. Gender equality, according to Reeves and Baden (2000), refers to women having the same opportunities in life as males, including the capacity to engage in public life. A redistribution of power and resources is necessary in order to achieve gender equity, which refers to the parity of life outcomes for men and women while taking into account their distinct demands and interests. The necessity for affirmative action for women in their specific places within their socio-economic, ethnic, caste, tribal, and regional settings will be addressed in this module along with the expansion of these notions to cover the topic of substantive equality and intersectionalities.

Gender Equality

Egality explicitly refers to having equal access to fundamental resources and chances for both sexes to develop and succeed with respect for human dignity and happiness in the framework of political, social, and economic rights (Faris 2016). The two biological sexes that exist in our society are men and women. When one is absent, the other gets left out. Both are essential to the environment. Male and female differences have never existed in nature. Why then do the two still have bias? Why are they not regarded as being equal? Each sex is given a role by our society and culture, and these duties indicate which sex is most significant. Men play masculine roles, which are frequently viewed as superior to feminine roles played by women, which are viewed as inferior. This brings up the topic of equality. Gender equality refers to the idea that women and men should have equivalent rights, opportunities, and authority. It is a human rights agenda and a crucial gauge of a nation's progress. The concept of gender equality was introduced by the landmark international treaty known as the Convention on the Elimination of Discrimination Against Women (CEDAW). The definition of equality in CEDAW is based on three principles: non-discrimination; state obligations; and substantive equality, sometimes known as equality of results.

The aim of the women's movement and its fight for rights is gender equality. Gender equality is a goal of the Beijing Platform for Action, the Sustainable Development Goals, and the Convention on All Forms of Discrimination Against Women (CEDAW), all of which were established in 2015. The word "gender equality" is broad and includes nondiscrimination, women's empowerment, and equal rights for all people. It tries to balance the power dynamics between the sexes in all areas of life. It shows that people can make decisions without being constrained by preconceptions and that all of their diverse contributions and needs are recognised equally (Council for International Development). It represents the fact that women and men enjoy equal possibilities in life. Women can acquire equal status if opportunities aren't discriminated against. For women to attain equality, a level playing field must be created by eliminating all barriers to participation and accessibility. Regardless of physical, emotional, or behavioural differences, gender equality entails access to fundamental opportunities and resources that will allow all individuals to live with dignity, as long as they respect the rights and freedoms of others (Faris 2016).

Gender equality refers to the equal enjoyment of rights, resources, opportunities, and protections by men, women, and children of both sexes (UNICEF 2011). Girls and women should be empowered to use their rights, abilities, resources, and opportunities to make significant decisions about their lives. There is no coercion or fear involved. Although it's not crucial to treat men and women equally, this shouldn't lead to discrimination or servitude either. Gender equity and equality are included in the declaration, which was approved by the UN General Assembly at its 53rd session in 1999. It encompasses the political, social, and economic aspects of gender equality.

The UNESCO Agenda for Gender Equality

Promote education for women's self-empowerment at all levels and in all fields;
Encourage the equal access to knowledge in all fields, notably within science and technology;
Support to women's human rights by implementing the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and other normative instruments, and through "legal literacy" for girls and women;
Promote the attainment of gender parity, women's full citizenship and equal participation in policy-making, and the elimination of stereotyped roles and expectations;
Foster partnership and dialogue, and develop a new gender contract, underlining the long term gains from the social transformation towards gender-sensitive societies (e.g., in fighting poverty and exclusion);
Mainstream a gender perspective in the conceptualization, implementation and evaluation of policies relating to development, peace and security;
Collect and analyze gender-specific statistical data and develop appropriate indicators and guidelines to assist Member-States in monitoring progress made towards more gender sensitive societies;
Encourage women's creativity and freedom of expression by supporting their cultural activities, research, training, capacity-building, networking, exchange of information and women's NGOs;
Support a pluralistic and editorially independent media by favoring the broad and active participation of women in decision-making and by encouraging more diversified and nondiscriminatory images of women;
Assist in building a culture of peace in the minds of women and men by recognizing women's capacity for leadership and non-violent conflict resolution.

Gender Equity

Can we truly treat men and women equally? Because women are equal to men and don't need these things, can we not provide them with maternity benefits or childcare facilities? Equity simply refers to treating individuals with fairness or justice. It tries to distribute resources equally among the population in accordance with their needs. Every person is different, with their own three strengths and weaknesses. In order to ensure equal rights, opportunities, and obligations, they should be respected in accordance with their needs. Men and women are biologically diverse, which means that they may have distinct requirements. Although giving birth may necessitate maternity leave, this does not make women weak or warrant discrimination. It simply means to treat women decently and in accordance with their requirements as they are the ones who can give birth. For the natural processes to proceed without causing anyone to feel inferior, an enabling environment must be established. Given that men and women have diverse demands and interests, gender equity refers to the equality of life outcomes for both sexes. It also calls for a redistribution of power and resources (Reeves & Baden 2000).

In terms of gender equity, justice between men, women, and other genders is emphasised. Given that different genders may have distinct types of needs and wants, gender analysis of needs is important. It is essential to treat men and women differently if we desire equal results from both genders. According to an equality perspective, the effects on gender relations of all development policies and initiatives must be carefully considered. It calls for a rethinking of policies and programmes to account for the various realities and interests of men and women (Reeves & Baden 2000). The laws governing women's employment in India, for instance, have all been updated to better suit their needs, ensuring things like maternity leave, protection from sexual harassment, and access to childcare facilities. Women receive 33% of the budget. Equity includes things like Panchayati Raj Institutional Reservations, Educational Institutions Relaxing Marks for Female Students, etc. Some particular protections are needed for the historically disadvantaged sector population in order to create an equal playing field for both genders. However, it does not imply inequality or prejudice against men. It serves as a means of facilitation and helps remove obstacles that have prevented women from reaching their full potential.

A lot of work must be put forward from all angles in order to achieve gender justice and equality. This objective involves participation from the government, civil society organisations, feminist organisations, educational institutions, international development organisations, etc. It has been established that men and boys must play a key part in attaining gender equality and equity in addition to women who must fight for it. In many respects, men and boys are the gatekeepers for gender equality. Research has consistently demonstrated how social conceptions of masculinity and men's gender identities are entwined with patterns of gender inequity. Men and boys frequently need to think and act differently, reevaluate conventional notions of manhood, and alter their interactions with women and girls in order to advance towards a gender-equal society (Connell 2003).

How Civil Society Organizations can promote gender equity and equality in their work

Rights Based Approach: Endorse human rights treaties, such as CEDAW, which promote gender equity and gender equality. Conduct the organization’s work in harmony with the Treaty principles.
Gender Mainstreaming: Consider the gender-specific implications of all the organization’s policy and work. Always review and respond to external policy from a gender sensitive perspective. Through this, gender sensitive analysis should become standard practice beyond just the development sector.
Communicate: Cooperate with other NGOs, parliamentary bodies and grassroots organizations working in the same region. Encourage all to adopt a gender equity focused lens and work in coordination toward gender equality.
Terminology: Avoid the use of language, which reinforces gender stereotypes.
Affirmative action: Assist governments in offering support and advancement to disadvantaged people while being sensitive to what their needs are for success in their role.
Legislation: Promote full citizenship rights to all regardless of gender. Offer support to people of under-represented gender identities who adopt or wish to adopt policy-making positions.
Peace and Conflict: Women have proven to be effective at peace building. Nurture women’s involvement in conflict resolution accordingly.
Grassroots: Learn from and offer support to gender based local organizations, as they will better understand their own needs.
Educate: Offer education opportunities so people, particularly women and girls, may understand their legal rights, accessibility of health care and medical advice and opportunities for participation in education, business, leadership and political roles.
Society: Involve wider society in cooperation and discussion around gender issues, so all people may understand their own role in facilitating gender equity and equality

Source: Council for International Development, Fact Sheet 6, and May 2012.

The Gender and Development strategy must be replaced with the Gender in Development approach to achieve gender equality and equity. Gender equity is viewed as being more constrained than gender equality. Therefore, gender equity is a strategy for achieving gender equality. Equity for equality is the goal. Gender equality is crucial and currently necessary. Women should be given the tools they need to reach their full potential, and obstacles to their growth and development should be removed. To achieve gender equality and equity, men and women must work as equal partners with the government and other organisations.

Non- discrimination and Substantive Equality

While these ideas are derived from the CEDAW's rights approach, the idea of substantive equality is particularly important to the feminist movement. Many judges and legal experts have viewed "equality" as only referring to formal equality, which does not bring women any closer to enjoying the full range of human rights. According to CEDAW's Article 11 (d), States Parties must take all necessary steps to end discrimination against women in the workplace. This obligation includes "[t]he right to equal remuneration, including benefit, and to equal treatment in respect of work of equal value, as well as equality of treatment in evaluating the quality of work," according to the Equal Pay Act of 1963.10 Equal pay is also required for "equal work on jobs the performance of which requires equal" (IWRAW, 2009).

It's crucial to look at the non-discrimination principle in order to fully comprehend the scope of the concept of equality and women's rights. The term "discrimination" as used in CEDAW encompasses the possibility of distinctions, exclusions, or restrictions. As a result, CEDAW permits the inclusion of the wide range of discriminatory acts that may be observed, occasionally even in the shape of "rights" or "protection." This definition, for instance, states that discrimination occurs if a woman's right to reproductive health is compromised by actions that limit her ability to control her own body. It is also discriminatory when women are perceived as the only people capable of performing a particular profession, whether directly or indirectly, and when we are excluded from specific careers. Women may have less options, for instance, to work in occupations that require the use of heavy machinery, irregular hours, and night shifts, with employers citing safety and protection as a gendered cultural foundation. The assumption is that women will be less effective than men, hence they are frequently not hired in regular job if they are married and have small children and the state or the company does not have daycare or child care facilities. The State is required by CEDAW to
(1) recognise women's rights,
(2) build the physical and spiritual environments that enable us to exercise our rights, and
(3) develop the channels for reporting violations and receiving remedies.

In addition, CEDAW mandates that States offer services tailored to women's needs, such as child care, maternity benefits, suitable transportation, safety from violence, sexual harassment prevention measures, and other services related to women's biological roles and cultural contexts. The government shouldn't implement any protective measures that bar women from using all resources equally with males. The CEDAW has made it plain that signature governments must make sure that no protective measure feeds into long-standing beliefs and prejudices that have led to sexism and inequality of women in their particular contexts.

According to the idea of substantive equality, the state must adopt two different kinds of actions:
(1) measures to establish de facto equality of opportunity between men and women; and
(2) measures to address the power disparities between men and women (de facto). The first sort of action demands that all women, regardless of their colour, ethnicity, caste, or other characteristics, have the right to equal opportunities and access to a nation's or community's resources with males. This must be ensured through laws and regulations that have the appropriate institutions and processes to ensure compliance.

According to Reeves and Baden (2000), CEDAW specifies that equality of results is the benchmark for determining whether a state is giving women equal opportunities to those of men. As a result, for the purposes of CEDAW, the indicators of equality are not the institutions, laws, or policies that have been put in place to provide opportunities for women, but rather the results that these laws and policies have produced. For instance, the CEDAW states that substantive equality has not been reached if it has not actually and significantly led to women having the same opportunities as men in all sectors of life, notwithstanding the existence of laws and special programmes intended to advance or strengthen women's possibilities. Therefore, the State must determine and guarantee the practical application of the laws and policies as well as the advancement of equality.

Affirmative Action and Temporary Measures

It will be useful to briefly analyse the idea of intersectionality before starting to comprehend affirmative action and temporary measures as required by the CEDAW. Kimberle Crenshaw initially introduced the concept of intersectional discrimination in 1991, when the discrimination and violence that these women experienced as a result of the racism of other women and men were highlighted by her legal work with violence against women of colour. The idea that women do not fit into a single category and endure discrimination based on intersecting identities such as race, caste, colour, ethnicity, religion, and area is now widely accepted. These overlapping identities frequently result in a range of location-specific discriminatory experiences. Therefore, addressing various forms of discrimination is impossible without understanding the disparities and developing policies that would take into account these particulars. As a result, CEDAW recognises the intersectionalities and has commanded the signing governments to ensure temporary affirmative action measures and unique outreach efforts to all women, addressing all types of discrimination.

CEDAW addresses the issue of temporary special measures in Article 4. It reads:

Article 4

Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

Article 4.1 sanctions and encourages states’ adoption of special measures of a temporary nature to compensate women for masculine privileges due to the structures of gender that have been based on the masculine standard. Indeed, resort to such measures is required under CEDAW’s repeated mandates that:

“State Parties shall take all appropriate measures” to eliminate discrimination against women. Given that for centuries men have had privileges based on their sex/gender, the state is required to take measures that give women advantages in order to equalize access to a determined space or right. Thus, to achieve substantive equality in employment, for example, the State may be obligated to adopt corrective measures or engage in affirmative actions that give women priority to compensate for the privileges that men have had in the past and that they continue to enjoy so long as the standards continue being masculine. These measures must be maintained until real or substantive equality is achieved, bearing in mind that there are also unequal power relations between subgroups of women that must be taken into account”.

Summary

The ideas of substantive equality, equity, and gender equality have been covered in this post. A solid grasp of these ideas is essential for any activity involving women and men because it allows for a critical appraisal of the gender inequality that exists in a given culture, community, or state. While CEDAW, an international legal document, emphasises the necessity to include gender equality in all state policies, programmes, and interventions, these ideas also have a greater purpose and a more general commitment to working with people. These human rights principles support feminism and serve as guidelines for social workers in order to advance toward a future that is just and equitable for all genders.