Gender equality in law : uncovering the legacies of Czech State socialism / Barbara Havelková.
2017
KJP2467.W65 H38 2017 (Map It)
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Title
Gender equality in law : uncovering the legacies of Czech State socialism / Barbara Havelková.
Published
Oxford ; Portland, Oregon : Hart Publishing, 2017.
Call Number
KJP2467.W65 H38 2017
Former Call Number
Cze 908 H298 2017
ISBN
9781509905867 (hardback : alk. paper)
1509905863 (hardback : alk. paper)
9781509905843 (ePDF)
1509905847 (ePDF)
9781509905850 (ePub)
1509905855 (ePub)
1509905863 (hardback : alk. paper)
9781509905843 (ePDF)
1509905847 (ePDF)
9781509905850 (ePub)
1509905855 (ePub)
Description
xxviii, 337 pages ; 24 cm.
System Control No.
(OCoLC)960292641
Summary
"In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 308-331) and index.
Available in Other Form
Online version: Havelková, Barbara, 1980- author. Gender equality in law Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017 9781509905850 (DLC) 2017001052
Record Appears in
Gift
Purchased from the income of the Soll Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Acknowledgements
vii
Table of Cases
xv
Table of Statutes
xix
Table of Parliamentary Debates
xxv
List of Abbreviations
xxvii
1.
Introduction
1
I.
Main Argument
4
A.
Women and Gender
5
B.
Equality and Anti-Discrimination
6
C.
Role of Law and Rights
6
II.
Book Structure and Chapter Summaries
7
III.
Feminist Legal Genealogy-The Methodology
11
A.
Feminist Framework
12
i.
Feminist Questions and Theoretical Concepts
12
ii.
Gender-Progressive Standard
15
iii.
Why Use Equality?
16
B.
Scope of the Book
17
i.
Thematic Scope of the Enquiry
17
ii.
Territorial Scope-A Single-Country Case-Study
18
iii.
Territorial and Temporal Scope-Pre-Communist Legacies and the Germanic Space
20
C.
'Law in Context' Approach-Sources and Method
21
i.
Primary Sources and the Difference between the Periods
21
ii.
Mixed Inductive and Deductive Analysis
23
Part I: State Socialism
2.
Three Stages of Regulation of Women and Gender
27
I.
Equalisation (1948-62)
29
A.
Pre-Communist Foundations
29
B.
Stalinism
30
C.
Equality Rights of the Sexes as a Constitutional Principle
33
D.
Equality in the Family
33
i.
New Family?
36
E.
Reproduction-Protecting the Health of Women
37
F.
Work and Welfare
38
i.
Equal Access to Paid Work for Women-a Right or an Obligation?
38
ii.
Protective Provisions and Welfare
40
II.
Reflection (1962-68)
41
A.
Period of Reform
41
B.
Family-Between Equality and Tradition
44
i.
Triple Burden
46
C.
Reproduction in the Time of the 'Population Crisis'
48
D.
Turn from Equality in Paid Work to Care
49
i.
Protecting Motherhood
49
ii.
Bans on Work
51
E.
'Freedom'
52
III.
Era of the Family (1969-89)
53
A.
Normalisation
53
B.
Retreat into the Private Sphere
56
i.
'Wrongly Understood Emancipation'
57
C.
Reproduction-Assuring the 'Quantity' and 'Quality' of the Population
59
D.
Pro-Population Policies
61
IV.
Conclusions
62
3.
State-Socialist Law and Rights
64
I.
From Activism to Formalism
65
A.
Early Activism (1948-53)
65
B.
Stabilisation (1954-68)
67
C.
Normalisation (1969-89)
68
II.
Characteristics of State-Socialist Law
70
A.
Law as a Tool of Social Change
70
B.
Decline of Private Law and the Rise of Public Law
71
C.
Dubious Normativity and Disregard for Law
74
III.
Rights
76
A.
Primacy of Social Rights and the Socialist Understanding of Rights
76
B.
Collective Interest
78
C.
Absence of Avenues for Rights Enforcement
80
IV.
Conclusions
82
4.
Equality as Socio-Economic Levelling
83
I.
Equality Trajectories
84
A.
Formal and Substantive Equality
85
B.
Three Phases of Equality and Anti-Discrimination Law
86
II.
Legal Guarantees-Equality as a Right?
89
A.
Sex Equality as a Proclamation but Not an Anti-Discrimination Right
90
III.
Substantive Equality along the Axis of Class
92
IV.
Emphasis on Difference
94
A.
Special Treatment of Women
95
B.
Different and Worse Treatment-Inequality Not Identified as Sex Discrimination
97
V.
Beyond Equality?
99
VI.
Conclusions
103
5.
Blindness to Gender and Patriarchy
105
I.
Aspirations versus Reality
109
A.
'Woman Question' in Marxism-Leninism and State-Socialist Aspirations
109
B.
(In)Equality in Reality
111
II.
Grappling with Explanations of Inequality
113
A.
Denials of Inequality
114
B.
Denials of Injustice
114
C.
Denials of Responsibility
115
D.
Seeing Gendered Causes?
116
III.
Intellectual Roots of the Limitations
117
A.
Capitalism, not Patriarchy
117
B.
'Natural' Difference of Women
119
C.
Production versus Reproduction
123
D.
Materialism and Culture
126
IV.
Feminism?
128
A.
Prevented Bottom-Up Critique and the 'Threefold Expropriation'
129
B.
Women as 'Communist Subjects' and their 'Liberation' from the Public Sphere
130
C.
What Happened to Men?
132
D.
Residual and Reactive Turn to Traditional Gender
134
E.
Regime as the Perceived Source of Oppression
135
V.
Conclusions
137
Part II: Post-Socialism
6.
Women and Gender After 1989
141
I.
Quarter Century of Post-Socialism
142
A.
Changes and Legacies
142
B.
'Star Pupil' (1989-97)
146
C.
Sobering Up and Trudging Along (1997-2006)
149
D.
Cuts and a Conservative Turn (2006-14)
151
E.
Arrival of the New Left? (2014 Onward)
152
II.
Model Family-Complete, Married, Heterosexual and with a Traditional Division of Labour
158
A.
Rise of a 'New' Family? Same-Sex and Unmarried Partners
158
B.
Supporting a Traditional Division of Labour
162
C.
Bias towards Complete Families, Against Single Parenthood
163
D.
Women's Reproductive and Health Autonomy?
166
III.
From Motherhood to Parenthood? The Question of Childcare
169
A.
Protecting Motherhood and Parenthood in Labour Law
170
B.
Protecting all Women as Mothers?
172
C.
Bringing Fathers into Care?
175
D.
Work or Care? A Closer Look at the Parental Benefit
177
IV.
Addressing Gender-Based Violence without Seeing Gender
180
A.
Positive Developments in Substantive Criminal Law and Beyond
180
B.
Refusal to See Gender
183
C.
Criminalising and Blaming the 'Victim'
184
V.
Conclusions
188
7.
Post-Socialist Law and Rights
190
I.
Transforming State-Socialist Law
192
II.
Law-Legacies of State Socialism
193
A.
Continued Disregard for the Law
193
B.
Legal Formalism
194
III.
Rights-Legacies of State Socialism
196
A.
Primacy of Socio-Economic Rights and a Parental Conception of Rights?
196
B.
'Collective Interest' or Anti-Majoritarianism?
197
IV.
New Understanding of Law and Rights
198
A.
Neoliberalism
199
B.
Anti-Regulation Narrative and Its Selectiveness
200
C.
Manners or Morals, not Law
202
D.
Conflating Economic and Social Notions of Privacy
203
E.
Rights as Freedoms for Some
205
F.
Fears of Abuse of Legal Provisions
207
G.
Lack of Critical Reflection
209
V.
Conclusions
210
8.
Equality and Anti-Discrimination after 1989: Resisting the Ideas and the Legal Concepts
212
I.
Constitutional Law and the Right to Equality and Non-Discrimination
213
A.
Sex Equality for Men?
216
i.
Early Cases-Addressing Protection and Preferential Treatment of Women
217
ii.
Newer Cases
222
iii.
What Can Cases Brought by Men Tell Us about Gender Equality?
223
II.
Statutory Law and the EU as a Driver of Legal Change
225
A.
EU Equality Acquis and its Rationales
226
B.
EU as a Driver for Change
227
C.
Anti-Discrimination Law Merely a Membership Obligation
229
D.
Reluctant Transposition of Anti-Discrimination Law
230
i.
Before the ADA
231
ii.
ADA-as Little and as Late as Possible
232
E.
Giving Full Effect?
235
F.
Sex Discrimination Litigation before Ordinary Courts
238
III.
Anti-Discrimination Law before the Courts
243
A.
Avoiding Anti-Discrimination Adjudication
244
i.
Concentrating on Formal Questions
245
ii.
Shrinking the Scope of Reviewable Acts
247
iii.
Redirecting Applicants to Other Claims
250
B.
Greater Protection for Enumerated Grounds?
251
C.
How Do We Know the Ground Was Sex? Motive and Proof
256
i.
Looking for Fault
257
ii.
Burden of Proof
259
iii.
Interventions by the Constitutional Court
262
D.
Indirect Discrimination-Blindness to Structural Biases
263
IV.
Understanding Equality and Anti-Discrimination after 1989
268
A.
At Most Formal, Certainly Not Substantive Equality
268
B.
Women Too Different to be Discriminated Against?
271
C.
Individualisation of Discrimination
272
V.
Conclusions
273
9.
Wanted: Gender and Feminism
276
I.
Aspirations Lost
277
A.
Socialist Residue, Conservative Resurgence and the Neoliberal Rise
277
B.
Political Aspirations?
278
II.
Denials of Gender Inequality
282
A.
Denials of the Existence of Inequality
282
B.
Denials of Injustice
283
C.
Denials of Responsibility
285
D.
Blindness to the Gendered Structure of Society
285
III.
Missing Feminism
288
A.
Why the Rejection of Feminism?
289
B.
Presence of Undermining and Absence of Supporting Perspectives
291
C.
Need for Second-Wave Radical Feminism
292
D.
Need for Feminist Legal Scholarship
295
IV.
Conclusions
298
10.
Conclusions
300
I.
Women and Gender
300
II.
Equality and Anti-Discrimination
302
III.
Law and Rights
303
IV.
Continuity and Discontinuity
304
Bibliography
308
Index
333